Health and Safety Code — Part 66 | HSC — United States — California law | Esheria

Health and Safety Code

Part 66 of 87 · provisions 13,001–13,200

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 39602.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must adopt and enforce air-quality rules and regulations to meet federal ambient air standards, if the measures are necessary, technologically feasible, and cost effective.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39602.5. (a) The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Environmental Protection Agency, will achieve ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment date, and to maintain these standards thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with Section 43013. (b) If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations that anticipate the development of new technologies or the improvement of existing technologies. The rules and regulations shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule. (Added by Stats. 2007, Ch. 669, Sec. 2. Effective January 1, 2008.)
  2. 39602.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must make eligibility for certain truck purchase incentive programs depend on compliance with Chapter 3.6, as applicable.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39602.6. The state board shall condition eligibility to participate in grant, loan, voucher, or other incentive programs to purchase new drayage and short-haul trucks on compliance with Chapter 3.6 (commencing with Section 39680), as applicable. (Added by Stats. 2021, Ch. 748, Sec. 3. (AB 794) Effective January 1, 2022.)
  3. 39603.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may hire advisory services and appoint advisory groups or committees. Appointed members must be kept informed, may be paid $100 per day plus travel expenses, and stop serving after giving advice.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39603. (a) The state board may do both of the following: (1) Contract for technical advisory services and other services as may be necessary for the performance of its powers and duties. (2) Appoint advisory groups and committees as it requires. Members of committees or advisory groups shall receive one hundred dollars ($100) per day for each day they attend a meeting of the state board or meet pursuant to a request of the state board, plus actual and necessary travel expenses incurred while performing their duties. (b) In appointing advisory groups and committees, the state board may appoint a number of persons qualified in various fields and disciplines. Persons appointed shall be kept informed of the issues before the state board and the work pending before the state board. When the state board desires the advice, in connection with a particular problem or problems, of any person so appointed, the chairperson of the state board may select that person to serve as a member of a working group or committee for the purpose of providing the advice. After the working group or committee has given its advice to the state board, it shall cease to function as a working group or committee. The financial remuneration specified in paragraph (2) of subdivision (a) shall be available to persons only during the time they are serving as members of a working group or committee at the request of the state board. (Amended by Stats. 1986, Ch. 726, Sec. 1.)
  4. 39603.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may make advance payments to grantees if the listed safeguards are met, and grantees must send confirmations and report material spending-plan changes on set deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39603.1. (a) Notwithstanding any other law, the state board may provide advance payments to grantees of a grant program or project if the state board determines all of the following: (1) The advance payments are necessary to meet the purposes of the grant program or project. (2) The use of the advance funds is adequately regulated by grant or budgetary controls. (3) The request for application or the request for proposals contains the terms and conditions under which an advance payment may be received consistent with this section. (4) The grantee is either a small district or the grantee meets all of the following criteria: (A) Has no outstanding financial audit findings related to any of the moneys eligible for advance payment and is in good standing with the Franchise Tax Board and Internal Revenue Service. (B) Agrees to revert all unused moneys to the state if they are not liquidated within the timeline specified in the grant agreement. (C) (i) Submits a spending plan to the state board for review prior to receiving the advance payment. (ii) The spending plan shall include project schedules, timelines, milestones, and the grantee’s fund balance for all state grant programs. (iii) The state board shall consider the available fund balance when determining the amount of the advance payment. (D) Reports to the state board any material changes to the spending plan within 30 days. (5) In the event of the nonperformance of a grantee, the state board shall require the full recovery of the unspent moneys. A grantee shall provide a money transfer confirmation within 45 days upon the receipt of a notice from the state board. (b) (1) A grantee may provide moneys from an advance payment to subrecipients in accordance with Section 11019.3 of the Government Code for purposes of reimbursement or advance payment pursuant to the grant program requirements or contract. (2) For the purposes of this subdivision, both of the following apply: (A) “Recipient entity,” as that term is defined in Section 11019.3 of the Government Code, also includes a local agency or a nongovernmental entity. (B) If the subrecipient is a local agency or a nongovernmental entity, other than a private, nonprofit organization, the subrecipient shall not be subject to the requirements of clause (iii) of subparagraph (A) of paragraph (2) of subdivision (c) of Government Code Section 11019.3, but instead shall demonstrate good standing with the United States Internal Revenue Service. (c) The state board, in consultation with the Department of Finance, shall adopt a regulation implementing this section to ensure the moneys are used properly. (Amended by Stats. 2024, Ch. 664, Sec. 2. (AB 3017) Effective January 1, 2025.)
  5. 39604.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must post specified air quality information on its website at least by January 1 of each odd-numbered year.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39604. (a) The state board shall post on its Web site, at a minimum by January 1 of each odd-numbered year, information on air quality conditions and trends statewide and on the status and effectiveness of state and local air quality programs. (b) The data shall include, but not be limited to, all of the following: (1) A review of air quality trends in each air basin over the most recent five-calendar-year period for which a complete data record is available. (2) A statement of the number of violations of air quality standards that occurred in each air basin over the most recent two calendar years for which a complete data record is available, and a comparison of the number of violations to those in prior years. (3) A listing of any changes in state ambient air quality standards adopted by the board over the previous two calendar years. (4) A summary of the results of research projects concluded during the previous two years, the status of current research projects, and the conduct of the research program pursuant to Section 39703. (5) A summary of any actions taken by the state board to assume the powers of districts under Section 39808. (6) A summary of the effects of any significant federal actions over the previous two years that have affected state air quality or air quality programs. (7) A summary of the status of the state implementation plan for achieving and maintaining ambient air quality standards. (8) A summary of the state board’s actions in the previous two calendar years to control toxic air pollutants pursuant to Chapter 3.5 (commencing with Section 39650). (9) A summary of actions of the state board in controlling emissions from motor vehicles during the previous two-year period. (10) A summary of significant actions taken by districts to control emissions from nonvehicular sources during the previous two-year period. This summary shall not include a district by district analysis for each district in the state, but shall include an overall analysis. (Amended by Stats. 2004, Ch. 644, Sec. 13. Effective January 1, 2005.)
  6. 39605.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may assist districts, require districts to provide information, hold public hearings, and accept assistance from public entities to carry out this division.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39605. To carry out the purposes of this division, the state board may: (a) Provide any assistance to any district. (b) Require any district to provide requested information utilized in the normal operation of the district or required by a state or federal statute or regulation. (c) Hold public hearings. (d) May accept assistance, financial and otherwise, from any public entity. (Amended by Stats. 1981, Ch. 700.)
  7. 39606.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must divide California into air basins, adopt ambient air quality standards for each basin, and review and revise certain health-based standards on specified timelines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39606. (a) The state board shall do both of the following: (1) Based upon similar meteorological and geographic conditions and consideration for political boundary lines whenever practicable, divide the state into air basins to fulfill the purposes of this division. (2) Adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. These standards may vary from one air basin to another. Standards relating to health effects shall be based upon the recommendations of the Office of Environmental Health Hazard Assessment. (b) In its recommendations for submission to the state board pursuant to paragraph (2) of subdivision (a), the Office of Environmental Health Hazard Assessment, to the extent that information is available, shall assess the following: (1) Exposure patterns, including, but not limited to, patterns determined by relevant data supplied by the state board, among infants and children that are likely to result in disproportionately high exposure to ambient air pollutants in comparison to the general population. (2) Special susceptibility of infants and children to ambient air pollutants in comparison to the general population. (3) The effects on infants and children of exposure to ambient air pollutants and other substances that have a common mechanism of toxicity. (4) The interaction of multiple air pollutants on infants and children, including the interaction between criteria air pollutants and toxic air contaminants. (c) In assessing the factors specified in subdivision (b), the office shall use current principles, practices, and methods used by public health professionals who are experienced practitioners in the field of human health effects assessment. The scientific basis or scientific portion of the method used by the office to assess the factors set forth in subdivision (b) shall be subject to peer review as described in Section 57004 or in a manner consistent with the peer review requirements of Section 57004. Any person may submit any information for consideration by the entity conducting the peer review, which may receive oral testimony. (d) (1) No later than December 31, 2000, the state board in consultation with the office, shall review all existing health-based ambient air quality standards to determine whether, based on public health, scientific literature, and exposure pattern data, the standards adequately protect the health of the public, including infants and children, with an adequate margin of safety. The state board shall publish a report summarizing these findings. (2) The state board shall revise the highest priority ambient air quality standard determined to be inadequate to protect infants and children with an adequate margin of safety, based on its report, no later than December 31, 2002. Following the revision of the highest priority standard, the state board shall revise any additional standards determined to be inadequate to protect infants and children with an adequate margin of safety, at the rate of at least one per year. The standards shall be established at levels that adequately protect the health of the public, including infants and children, with an adequate margin of safety. (e) Nothing in this section shall restrict the authority of the state board to consider additional information in establishing ambient air quality standards or to adopt an ambient air quality standard designed to protect vulnerable populations other than infants and children. (Amended by Stats. 1999, Ch. 731, Sec. 3. Effective January 1, 2000.)
  8. 39606.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must adopt regulations by January 1, 1997 to create and define the Mojave Desert Air Basin.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39606.1. (a) On or before January 1, 1997, the state board shall adopt regulations to designate, and determine the boundaries of, an air basin known as the Mojave Desert Air Basin. The air basin shall have a territory that is based upon similar meteorological and geographical conditions and consideration for political boundary lines. The air basin shall consist of at least all of the following: (1) The desert portions of Los Angeles County that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin. (2) The desert portions of Kern County that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin. (3) Any portion of the Mojave Desert Air Quality Management District that, immediately prior to the date of the adoption of the regulations, was within the Southeast Desert Air Basin. (4) Any other area contiguous to the areas indicated in paragraphs (1) to (3), inclusive, that the state board determines by a preponderance of the evidence is appropriate for inclusion. (b) Areas that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin and are not included in the Mojave Desert Air Basin shall remain in the Southeast Desert Air Basin, subject to Section 39606. (Added by Stats. 1995, Ch. 113, Sec. 1. Effective January 1, 1996.)
  9. 39607.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must create and maintain air-quality data, monitoring, reporting, and methodology programs for California air basins and emissions information.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39607. The state board shall: (a) Establish a program to secure data on air quality in each air basin established by the state board. (b) (1) Inventory sources of air pollution within the air basins of the state and determine the kinds and quantity of air pollutants, including, but not limited to, the contribution of natural sources, mobile sources, and area sources of emissions, including a separate identification of those sources not subject to district permit requirements, to the extent feasible and necessary to carry out the purposes of this chapter. The state board shall use, to the fullest extent, the data of local agencies and other state and federal agencies in fulfilling this purpose. (2) Make available on the state board’s Internet Web site the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants throughout the state broken down to a local and subcounty level for stationary sources and to at least a county level for mobile sources. The emissions reported shall include data on the emissions of criteria air pollutants and toxic air contaminants emitted by stationary sources as provided to the state board by districts. The information shall be displayed graphically and updated at least once a year. (3) (A) Quantify and publish annually, commencing January 1, 2020, and based on the best available science and information, the amount of greenhouse gas emissions, expressed in metric tons of carbon dioxide equivalents, resulting from the loss or release of uncombusted natural gas to the atmosphere and emissions from natural gas flares during all processes associated with the production, processing, and transporting of natural gas that is imported into the state from out-of-state sources. (B) Nothing in this paragraph shall be interpreted as expanding, contracting, or otherwise altering other requirements for greenhouse gas emissions reporting by sources or categories of sources or for the statewide greenhouse gas emissions limit. (c) Monitor air pollutants in cooperation with districts and with other agencies to fulfill the purpose of this division. (d) Adopt test procedures to measure compliance with its nonvehicular emission standards and those of districts. (e) Establish and periodically review criteria for designating an air basin attainment or nonattainment for any state ambient air quality standard set forth in Section 70200 of Title 17 of the California Code of Regulations. In developing and reviewing these criteria, the state board shall consider instances where there is poor or limited ambient air quality data, and shall consider highly irregular or infrequent violations. The state board shall provide an opportunity for public comment on the proposed criteria, and shall adopt the criteria after a public hearing. (f) Evaluate, in consultation with the districts and other interested parties, air quality-related indicators that may be used to measure or estimate progress in the attainment of state standards and establish a list of approved indicators. On or before July 1, 1993, the state board shall identify one or more air quality indicators to be used by districts in assessing progress as required by subdivision (b) of Section 40924. The state board shall continue to evaluate the prospective application of air quality indicators and, upon a finding that adequate air quality modeling capability exists, shall identify one or more indicators that may be used by districts in lieu of the annual emission reductions mandated by subdivision (a) of Section 40914. In no case shall any indicator be less stringent or less protective, on the basis of overall health protection, than the annual emission reduction requirement in subdivision (a) of Section 40914. (g) Establish, not later than July 1, 1996, a uniform methodology that may be used by districts in assessing population exposure, including, but not limited to, reduction in exposure of districtwide subpopulations, such as children, the elderly, and persons with respiratory disease, to ambient air pollutants at levels above the state ambient air quality standards, for estimating reductions in population exposure for the purposes of Sections 40913, 40924, and 41503, and for the establishment of the means by which reductions in population exposures may be achieved. The methodology adopted pursuant to this subdivision shall be consistent with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division, including, but not limited to, Section 39610. (Amended by Stats. 2018, Ch. 371, Sec. 1. (AB 2195) Effective January 1, 2019.)
  10. 39607.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must create a statewide annual emissions reporting system for stationary sources and must require stationary sources to report annual emissions. It may also require extra facility data and third-party verification or certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39607.1. (a) For purposes of this section, the following definitions apply: (1) “Nonattainment pollutant” means a criteria pollutant for which a district is classified as a nonattainment area pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (2) “Stationary source” means any of the following: (A) A facility that is required to report to the state board the facility’s greenhouse gas emissions pursuant to Section 38530. (B) A facility that is authorized by a permit issued by a district to emit 250 or more tons per year of any nonattainment pollutant or its precursors. (C) A facility that receives an elevated prioritization score based on cancer or noncancer health impacts pursuant to Section 44360. (b) (1) The state board, in consultation with districts, shall establish a uniform statewide system of annual reporting of emissions of criteria pollutants and toxic air contaminants for a stationary source. (2) The state board shall require a stationary source to report to the state board its annual emissions of criteria pollutants and toxic air contaminants using the uniform statewide system of annual reporting developed pursuant to paragraph (1). (c) With the report required pursuant to paragraph (2) of subdivision (b), the state board may require, as appropriate, a stationary source to provide relevant facility-level emissions data. (d) The state board may require, as appropriate, a stationary source to verify or certify the accuracy of its annual emissions reports by a third-party verifier or certifier that is accredited by the state board. (Added by Stats. 2017, Ch. 136, Sec. 1. (AB 617) Effective January 1, 2018.)
  11. 39607.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must approve an emission inventory update by January 1, 1998, and every three years after that, after a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39607.3. (a) The state board shall, not later than January 1, 1998, and triennially thereafter, approve, following a public hearing, an update to the emission inventory required by subdivision (b) of Section 39607. (b) Each inventory update shall include all of the following: (1) The state board’s and each district’s best estimates of emissions from all sources, including, but not limited to, motor vehicles, nonroad mobile sources, stationary sources, areawide sources, and biogenic sources. (2) A detailed verification of source category emission rate data with available scientific data, including, but not limited to, actual measurements of pollutants in the atmosphere, and an explanation of any discrepancies. (3) An update to a mobile source emission inventory for any air quality attainment plan required by the federal Clean Air Act (42 U.S.C.A. Sec. 7401 et seq.) or this division, that considers all available information regarding current and projected vehicle miles traveled, vehicle trips, demographics, and other nontechnological factors affecting the mobile source emission inventory, and bases the mobile source emission inventory upon the best information available to achieve compliance. (c) Any emission inventory update approved on or after January 1, 1997, shall comply with this section. (d) The Legislature hereby finds and declares that it is in the interests of the state that air quality plans be based on accurate emission inventories. Inaccurate inventories that do not reflect the actual emissions into the air can lead to misdirected air quality control measures, resulting in delayed attainment of standards and unnecessary and significant costs. (Added by Stats. 1996, Ch. 763, Sec. 1. Effective January 1, 1997.)
  12. 39607.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must prepare, adopt, and update the air emissions inventory described here.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39607.4. On and after January 1, 2007, as part of its responsibilities under Section 39607, and in order to streamline, consolidate, and unify the inventory of air emissions under one agency in state government, the state board shall prepare, adopt, and update the inventory formerly required to be adopted and updated by the State Energy Resources Conservation and Development Commission pursuant to Chapter 8.5 (commencing with Section 25730) of Division 15 of the Public Resources Code. (Added by Stats. 2006, Ch. 77, Sec. 43. Effective July 18, 2006.)
  13. 39607.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must create and keep updated a methodology for valuing emissions credits, and it must publish annual implementation actions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39607.5. (a) The state board shall develop, and adopt in a public hearing, a methodology for use by districts to calculate the value of credits issued for emission reductions from stationary, mobile, indirect, and areawide sources, including those issued under market-based incentive programs, when those credits are used interchangeably. (b) In developing the methodology, the state board shall do all of the following: (1) Ensure that the methodology results in the maintenance and improvement of air quality consistent with this division. (2) Allow those credits to be used in a market-based incentive program adopted pursuant to Section 39616 that requires annual reductions in emissions through declining annual allocations, and allow the use of all of those credits, including those from a market-based incentive program, to meet other stationary or mobile source requirements that do not expressly prohibit that use. (3) Ensure that the methodology does not do any of the following: (A) Result in the crediting of air emissions that already have been identified as emission reductions necessary to achieve state and federal ambient air quality standards. (B) Provide for an additional discount of credits solely as a result of emission reduction credits trading if a district already has discounted the credit as part of its process of identifying and granting those credits to sources. (C) Otherwise provide for double-counting emission reductions. (4) Consult with, and consider the suggestions of, the public and all interested parties, including, but not limited to, the California Air Pollution Control Officers Association and all affected regulated entities. (5) Ensure that any credits, whether they are derived from stationary, mobile, indirect, or areawide sources, shall be permanent, enforceable, quantifiable, and surplus. (6) Ensure that any credits derived from a market-based incentive program adopted pursuant to Section 39616 are permanent, enforceable, quantifiable, and are in addition to any required controls, unless those credits otherwise comply with paragraph (2). (7) Consider all of the following factors: (A) How long credits should be valid. (B) Whether, and which, banking opportunities may exist for credits. (C) How to provide flexibility to sources seeking to use credits so that they remain interchangeable and negotiable until used. (D) How to ensure a viable trading process for sources wishing to trade credits consistent with this section. (E) How to ensure that, if credits may be used within and between adjacent districts or air basins where sources are in proximity to one another, the use occurs while maintaining and improving air quality in both districts or air basins. (c) If necessary, the state board shall periodically update the methodology as it applies to future transactions. The state board’s environmental justice advisory committee shall review each updated methodology. (d) The state board shall periodically review each district’s emission reduction and credit trading programs to ensure that the programs comply with the methodology developed pursuant to this section. (e) The state board shall post on its Web site, at a minimum by January 1 each year, actions taken by the state board to implement this section. (Amended by Stats. 2006, Ch. 851, Sec. 1. Effective January 1, 2007.)
  14. 39608.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must classify air basins as attainment, nonattainment, or unclassified, and it may assign designations to areas within a basin in some cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39608. (a) The state board, in consultation with the districts, shall identify, pursuant to subdivision (e) of Section 39607, and classify each air basin which is in attainment and each air basin which is in nonattainment for any state ambient air quality standard. This identification and classification shall be made on a pollutant-by-pollutant basis. Where the state board finds that data is not sufficient to determine the attainment or nonattainment status for an air basin, the state board shall identify the air basin as unclassified. (b) The state board may assign an attainment, nonattainment, or unclassified designation to one or more areas within any air basin unless the state board finds and determines that the pollutant for which the designation applies affects the entire region or is produced by emission sources throughout the region. (c) Designations made by the state board shall be reviewed annually and updated as new information becomes available. (Amended by Stats. 1990, Ch. 932, Sec. 1.)
  15. 39609.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must regularly study whether air quality models and related analytical methods can be used to compare emission control measures, and it must also determine whether enough modeling capability exists, consult affected groups, and send its findings to each district after a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39609. On or before December 31, 1989, and at least every three years thereafter, the state board shall complete a study on the feasibility of employing air quality models and other analytical techniques to distinguish between emission control measures on the basis of their relative ambient air quality impact. As part of this study, the state board shall determine whether adequate modeling capability exists to support the use of air quality indicators or alternative measures of progress as specified in subdivision (f) of Section 39607 and Section 40914. The state board shall consult with districts and affected groups in conducting this study, and, after a public hearing, shall prepare and transmit its findings to each district for its use in developing plans pursuant to Chapter 10 (commencing with Section 40910). (Amended by Stats. 1992, Ch. 945, Sec. 2. Effective January 1, 1993.)
  16. 39610.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must identify ozone-transport problem areas, determine pollutant source districts, assess contributions, establish mitigation requirements, share information, consult affected districts, hold a public hearing for findings, and review its transport analysis every three years.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39610. (a) Not later than December 31, 1989, the state board shall identify each air basin, or subregion thereof, in which transported air pollutants from upwind areas outside the air basin, or subregion thereof, cause or contribute to a violation of the state ambient air quality standard for ozone, and shall identify the district of origin of the transported air pollutants based upon the preponderance of available evidence. The state board shall identify and determine the priorities of information and studies needed to make a more accurate determination, including, but not limited to, emission inventories, pollutant characterization, ambient air monitoring, and air quality models. (b) The state board shall, in cooperation with the districts, assess the relative contribution of upwind emissions to downwind ozone ambient air pollutant levels to the extent permitted by available data, and shall establish mitigation requirements commensurate with the level of contribution. In assessing the relative contribution of upwind emissions to downwind ozone ambient air pollutant levels, the state board shall determine if the contribution level of transported air pollutants is overwhelming, significant, inconsequential, or some combination thereof. Any determination by the state board shall be based upon a preponderance of the available evidence. (c) The state board shall make every reasonable effort to supply air pollutant transport information to heavily impacted districts prior to the development of plans to attain the state ambient air quality standards, shall consult with affected upwind and downwind districts, and shall adopt its findings at a public hearing. (d) The state board shall review and update its transport analysis at least once every three years. (e) The state board shall conduct appropriate studies to carry out its responsibilities under this section. (Amended by Stats. 1994, Ch. 512, Sec. 1. Effective January 1, 1995.)
  17. 39611.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may charge fees to regulated entities under the Transport Refrigeration Unit Regulation, but it must keep the fees tied to specified amounts and reasonable cost recovery.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39611. (a) The state board may impose a fee on any entity regulated by the state board under the Transport Refrigeration Unit Regulation (Sections 2477 to 2477.24, inclusive, of Title 13 of the California Code of Regulations). (b) Revenues collected from the imposition of a fee pursuant to this section shall be used to recover the state board’s reasonable regulatory costs, consistent with paragraph (3) of subdivision (b) of Section 3 of Article XIII A of the California Constitution, associated with the implementation, administration, and enforcement of the regulation described in subdivision (a), including, but not limited to, costs related to certification, registration, reporting, auditing, inspections, and compliance assurance. (c) (1) Subject to paragraph (2), the state board shall set the amounts of the fees imposed pursuant to subdivision (a) to the amounts established by Section 2477.21 of Title 13 of the California Code of Regulations, as that section read on January 1, 2025, and, notwithstanding any other law except paragraph (2), shall increase those fees annually based on the Consumer Price Index as compiled and reported by the Department of Industrial Relations. (2) The state board shall not set the fees pursuant to paragraph (1) to an amount that is more than necessary to recover its reasonable costs in developing, implementing, and enforcing the regulation described in subdivision (a), including any administrative costs. (d) The state board may change the fee to recover its costs described in subdivision (a) so long as the fee does not exceed the amounts established under subdivision (c). (e) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the determination of fees under this section. (f) All revenues collected pursuant to this section shall be deposited into the Certification and Compliance Fund and shall be available, upon appropriation by the Legislature, for the purposes described in subdivision (b). (Added by Stats. 2025, Ch. 109, Sec. 1. (SB 153) Effective September 17, 2025.)
  18. 39612.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may charge additional permit fees on nonvehicular sources in a district, set up how the fees are collected, and must report annually on fee expenditures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39612. (a) In addition to funds that may be appropriated by the Legislature to the state board to carry out the additional responsibilities and to undertake necessary technical studies required by this chapter, the state board may impose additional permit fees on nonvehicular sources within a district’s jurisdiction. (b) (1) The state board may do any of the following with respect to the collection of fees on nonvehicular sources imposed pursuant to subdivision (a): (A) Upon obtaining the concurrence of the district, require a district to collect the fees. (B) Establish a system in which the state board collects the fees directly. (C) Contract with any other state agency to collect the fees. (2) If the state board establishes a system to collect fees pursuant to subparagraph (B) of paragraph (1) or contracts with another state agency to collect the fees pursuant to subparagraph (C) of paragraph (1), each district shall provide any information necessary to ensure the accurate and efficient collection of the fees from nonvehicular sources. (c) The permit fees imposed pursuant to this section shall be expended only for the purposes of recovering costs of additional state programs related to nonvehicular sources. Priority for expenditure of permit fees collected pursuant to this section shall be given to the following activities: (1) Identifying air quality-related indicators that may be used to measure or estimate progress in the attainment of state ambient air standards pursuant to subdivision (f) of Section 39607. (2) Establishing a uniform methodology for assessing population exposure to air pollutants pursuant to subdivision (g) of Section 39607. (3) Updating the emission inventory pursuant to Section 39607.3, including emissions that cause or contribute to the nonattainment of federal ambient air standards. (4) Identifying, assessing, and establishing the mitigation requirements for the effects of interbasin transport of air pollutants pursuant to Section 39610. (5) Updating the state board’s guidance to districts on ranking control measures for stationary sources based upon the cost-effectiveness of those measures in reducing air pollution. (d) The permit fees imposed pursuant to this section shall be collected from nonvehicular sources that are authorized by district permits to emit 250 tons or more per year of any nonattainment pollutant or its precursors. (e) The permit fees collected pursuant to this section and Section 39613, after deducting the administrative costs of collecting the fees, shall be transmitted to the Controller for deposit in the Air Pollution Control Fund. (f) (1) The total amount of funds collected by fees imposed pursuant to this section, exclusive of district administrative costs, may not exceed thirteen million dollars ($13,000,000) in any fiscal year, unless that limitation is increased pursuant to paragraph (2). (2) The state board may increase the limitation on the total amount of funds collected as described in paragraph (1) by an amount not to exceed the annual percentage change in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (g) On or before January 1 of each year, the state board shall report to the Governor and the Legislature on the expenditure of permit fees collected pursuant to this section and Section 39613. The report shall include a report on the status of implementation of the programs prioritized for funding pursuant to subdivision (c). (Amended by Stats. 2003, 1st Ex. Sess., Ch. 1, Sec. 1. Effective October 28, 2003.)
  19. 39613.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must impose a fee on certain consumer products and architectural coatings sold in the state when emissions from a manufacturer’s sales reach 250 tons per year or more of volatile organic compounds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39613. The state board shall impose a fee for any consumer product, as defined in Section 41712, sold in the state and any architectural coating sold in the state if a manufacturer’s total sales of consumer products or architectural coatings will result in the emission in the state of 250 tons per year or greater of volatile organic compounds. Revenues collected from the imposition of this fee shall be used to mitigate or reduce air pollution in the state created by consumer products and architectural coatings, as determined by the state board, and shall be expended solely for those programs. (Added by Stats. 2003, 1st Ex. Sess., Ch. 1, Sec. 2. Effective October 28, 2003.)
  20. 39614.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines key terms and directs the State Air Resources Board and the lead agency to review, approve, post, and report on certain Volkswagen-related investment and expenditure plans.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39614. (a) For purposes of this section, the following definitions apply: (1) “2.0L partial consent decree” means the October 25, 2016, Amended Partial Consent Decree among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.). (2) “Investment plans” mean the plans required to be submitted to the state board for approval pursuant to Appendix C of the 2.0L partial consent decree. (3) “Lead agency” means the state agency appointed by the Governor to implement Appendix D of the 2.0L partial consent decree. (4) “State board” means the State Air Resources Board. (5) “Volkswagen” means the defendants in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.). (b) (1) The state board shall strive to ensure that investments made pursuant to Appendix C of the 2.0L partial consent decree are aligned with the state’s priorities and provide for public transparency before approval. (2) The lead agency shall strive to ensure that the expenditures made pursuant to Appendix D of the 2.0L partial consent decree are aligned with the state’s priorities and provide for public transparency before approval. (c) (1) On and after the effective date of this section, the state board, in approving each of the investment plans proposed by Volkswagen, shall strive to ensure, to the maximum extent allowable under the 2.0L partial consent decree, both of the following: (A) At least 35 percent of funds for the investment plan benefit low-income or disadvantaged communities disproportionately affected by air pollution. (B) The periodic submission of progress reports to the state board on the implementation of the investment plan from Volkswagen or its subsidiary. (2) The state board shall approve each investment plan at a public hearing. (3) The state board shall post each proposed investment plan for public comment. (4) Notwithstanding Section 10231.5 of the Government Code and pursuant to Section 9795 of the Government Code, the state board shall report annually to the Legislature on the progress of the implementation of the investment plan. (d) (1) The lead agency shall strive to ensure, to the maximum extent allowable under the 2.0L partial consent decree, that 35 percent of the moneys received pursuant to Appendix D of the 2.0L partial consent decree benefit low-income or disadvantaged communities disproportionately affected by air pollution. (2) Notwithstanding Section 10231.5 of the Government Code and pursuant to Section 9795 of the Government Code, the lead agency shall report annually to the Legislature on the proposed and actual expenditures of the moneys received pursuant to Appendix D of the 2.0L partial consent decree. (Added by Stats. 2017, Ch. 26, Sec. 68. (SB 92) Effective June 27, 2017.)
  21. 39616.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may adopt and adjust a market-based incentive program for air-quality attainment, but must make specified findings, submit information and rules to the state board, and meet review and reassessment deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39616. (a) The Legislature hereby finds and declares all of the following: (1) Several regions in California suffer from some of the worst air quality in the United States. (2) While traditional command and control air quality regulatory programs are effective in cleaning up the air, other options for improvement in air quality, such as market-based incentive programs, should be explored, provided that those programs result in equivalent emission reductions while expending fewer resources and while maintaining or enhancing the state’s economy. (3) The purpose of this section is to establish requirements under which a district board may adopt market-based incentive programs in a manner which achieves the greatest air quality improvement while strengthening the state’s economy and preserving jobs. (b) (1) A district board may adopt a market-based incentive program as an element of the district’s plan for attainment of the state or federal ambient air quality standards. (2) A market-based incentive program that satisfies the conditions in this section may substitute for current command and control regulations and future air quality measures that would otherwise have been adopted as part of the district’s plan for attainment, and may be implemented in lieu of some or all of the control measures adopted by the district pursuant to Chapter 10 (commencing with Section 40910) of Part 3. (c) In adopting rules and regulations to implement a market-based incentive program, a district board shall, at the time that the rules and regulations are adopted, make express findings, and shall, at the time that the rules and regulations are submitted to the state board, submit appropriate information, to substantiate the basis for making the findings that each of the following conditions is met on an overall districtwide basis: (1) The program will result in an equivalent or greater reduction in emissions at equivalent or less cost compared with current command and control regulations and future air quality measures that would otherwise have been adopted as part of the district’s plan for attainment. (2) The program will provide a level of enforcement and monitoring, to ensure compliance with emission reduction requirements, comparable with command and control air quality measures that would otherwise have been adopted by the district for inclusion in the district’s plan for attainment. (3) The program will establish a baseline methodology that provides appropriate credit so that stationary sources of air pollution which have been modified prior to implementation of the program to reduce stationary source emissions are treated equitably. (4) The program will not result in a greater loss of jobs or more significant shifts from higher to lower skilled jobs, on an overall districtwide basis, than that which would exist under command and control air quality measures that would otherwise have been adopted as part of the district’s plan for attainment. A finding of compliance with this requirement may be made in the same manner as the analyses made by the district to meet the requirements of Section 40728.5. (5) The program will promote the privatization of compliance and the availability of data in computer format. The district shall endeavor to provide sources with the option to keep records by way of electronic or computer data storage systems, rather than mechanical devices such as strip chart recorders. (6) The program will not in any manner delay, postpone, or otherwise hinder district compliance with Chapter 10 (commencing with Section 40910) of Part 3. (7) The program will not result in disproportionate impacts, measured on an aggregate basis, on those stationary sources included in the program compared to other permitted stationary sources in the district’s plan for attainment. (d) (1) A district’s plan for attainment or plan revision submitted to the state board prior to January 1, 1993, shall be designed to achieve equivalent emission reductions and reduced cost and job impacts compared to current command and control regulations and future air quality measures that would otherwise have been adopted as part of the district’s plan for attainment. A district shall not implement a market-based incentive program unless the state board has determined that the plan or plan revision complies with this paragraph. (2) A plan or plan revision submitted on or after January 1, 1993, shall be designed to meet the provisions of subdivision (c) and Section 40440.1 if applicable. The state board shall approve the plan or plan revision prior to program implementation, and shall make its determination not later than 90 days from the date of submittal of the plan or plan revision. (3) Upon the adoption of rules and regulations to implement the program in accordance with subdivision (c), the district shall submit the rules and regulations to the state board. The state board shall, within 90 days from the date of submittal, determine whether the rules and regulations meet the requirements of this section and Section 40440.1, if applicable. This paragraph does not prohibit the district from implementing the program upon the approval of the plan or plan revision and prior to submittal of the rules and regulations. (e) Within five years from the date of adoption of a market-based incentive program, the district board shall commence public hearings to reassess the program and shall, not later than seven years from the date of the district’s initial adoption of the program, ratify the findings required pursuant to paragraphs (1), (2), (5), and (6) of subdivision (c) and the district’s compliance with Section 40440.1, if applicable, with the concurrence of the state board. If the district board fails to ratify the findings within the seven-year period, the district board shall make appropriate revisions to the district’s plan for attainment. (f) The district board shall reassess a market-based incentive program if the market price of emission trading units exceeds a predetermined level set by the district board. The district board may take action to revise the program. A predetermined market price review level shall be set in a public hearing in consideration of the costs of command and control air quality measures that would otherwise have been adopted as part of the district’s plan for attainment, costs and factors submitted by interested parties, and any other factors considered appropriate by the district board. The district board may revise the market price review level for emission trading units every three years during attainment plan updates required under Section 40925. In revising the market price review level, the district board shall consider the factors used in setting the initial market price review level as well as other economic impacts, including the overall impact of the program on job loss, rate of business formation, and rate of business closure. (g) For sources not included in market-based incentive programs, this section does not apply to, and shall in no way limit, existing district authority to facilitate compliance with particular emission control measures by imposing or authorizing sourcewide emission caps, alternative emission control plans, stationary for mobile source emission trades, mobile for mobile source emission trades, and similar measures, whether imposed or authorized by rule or permit condition. (h) This section does not apply to the implementation of market-based transportation control measures which do not involve emissions trading. (Amended by Stats. 1996, Ch. 618, Sec. 1. Effective January 1, 1997.)
  22. 39616.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may not adopt regulations that block compliant diesel fuel imports by entities without California refineries, and it may designate a fuel as compliant if the importer shows the fuel’s relevant properties are equivalent to CARB diesel fuel blends certified for sale in California.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39616.5. (a) The state board shall not adopt any regulation that excludes the importation of compliant diesel fuel by entities that do not have refineries in California. (b) For the purposes of this section, “compliant diesel fuel” means a diesel fuel that complies with the designated equivalent limits in paragraph (1) of subdivision (h) of Section 2282 of Title 13 of the California Code of Regulations. (c) The state board may designate a fuel as a compliant diesel fuel if an importer demonstrates that the relevant properties of the diesel fuel to be imported are equivalent to the properties of California Air Resources Board (CARB) diesel fuel blends being certified for sale in California. (d) For the purposes of this section, “relevant properties” include all of the following: (1) Aromatic hydrocarbon content. (2) Polycyclic aromatic hydrocarbon content. (3) API gravity. (4) Cetane number. (5) Nitrogen content. (6) Sulfur content. (Added by Stats. 2006, Ch. 11, Sec. 1. Effective January 1, 2007.)
  23. 39617.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain air-quality rules that use mobile source emission reduction credits must let the user calculate emission reductions using specified methods.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39617. Any rule, regulation, or control measure adopted pursuant to this division which allows for the use of mobile source emission reduction credits through the acceleration of the retirement of in-use motor vehicles, the repair or retirement of gross-polluting and other high-emitting vehicles, or other similar methods of reducing air pollution shall allow the person using the method to calculate the emission reductions by any of the following methods: (a) The measurement of actual air emissions from those motor vehicles repaired or retired as a result of the rule, regulation, or control measure, pursuant to the methodology and criteria established pursuant to Section 39607.5, or, prior to adoption of the methodology by the state board, by any alternate methodology approved by the agency which has adopted the rule, regulation, or control measure, if that methodology is consistent with federal law and with subdivision (b) of Section 39607.5. (b) The use of a statistically representative sample of the motor vehicles repaired or retired as a result of the rule, regulation, or control measure, utilizing the methodology and criteria established pursuant to Section 39607.5, or, prior to adoption of the methodology by the state board, by any alternate methodology approved by the agency which has adopted the rule, regulation, or control measure, if that methodology is consistent with federal law and with subdivision (b) of Section 39607.5. (c) The use of vehicle fleet average emissions, as determined by the state board. (d) This section does not apply to any motor vehicle specified in subdivision (a), (b), (f), or (k) of Section 34500 of the Vehicle Code. (Added by Stats. 1995, Ch. 805, Sec. 2. Effective January 1, 1996.)
  24. 39617.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must evaluate and improve a children’s air-pollution monitoring program by a stated deadline.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39617.5. (a) Not later than January 1, 2003, the state board shall do all of the following: (1) Evaluate the adequacy of the current monitoring network for its ability to gather the data necessary to determine the exposure of infants and children to air pollutants including criteria air pollutants and toxic air contaminants. (2) Identify areas where the exposure of infants and children to air pollutants is not adequately measured by the current monitoring network. (3) Recommend changes to improve air pollution monitoring networks and data collection to more accurately reflect the exposure of infants and children to air pollutants. (b) In carrying out this section, the state board, in cooperation with the districts, shall expand its existing monitoring program in six communities around the state in nonattainment areas, as selected by the state board, to include special monitoring of children’s exposure to air pollutants and toxic contaminants. The expanded program shall include placing air pollution monitors near schools, day care centers, and outdoor recreational facilities that are in close proximity to, or downwind from, major industrial sources of air pollutants and toxic air contaminants, including, freeways and major traffic areas. The purpose of the air pollution monitors shall be to conduct sampling of air pollution levels affecting children. Monitoring may include the use of fixed, mobile, and other monitoring devices, as appropriate. (c) The expanded monitoring program shall include the following: (1) Monitoring during multiple seasons and at multiple locations within each community at schools, day care centers, recreational facilities, and other locations where children spend most of their time. (2) A combination of upgrading existing fixed monitoring sites, establishing new fixed monitoring sites, and conducting indoor and outdoor sampling and personal exposure measurements in each community to provide the most comprehensive data possible on the levels of children’s exposure to air pollutants and toxic air contaminants. (d) Data collected from expanded air quality monitoring activities conducted pursuant to this section may be used for any purpose authorized by law, including, but not limited to, determinations as to whether an area has attained or has not attained the state and national ambient air quality standards, if the monitoring devices from which the data was collected meet the monitoring requirements specified in Section 58.14 of Title 40 of the Code of Federal Regulations for special purpose monitors, all other monitoring requirements of Part 58 of Title 40 of the Code of Federal Regulations, and all applicable requirements specified in regulations adopted by the state board. (Added by Stats. 1999, Ch. 731, Sec. 4. Effective January 1, 2000.)
  25. 39618.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Refrigerated trailers must be treated as mobile sources and regulated statewide by the state board. The state board must also issue regulations by January 1, 2000 to reduce emissions from refrigerated trailers.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39618. Refrigerated trailers shall be classified as mobile sources and shall be regulated by the state board on a statewide basis to prevent confusion concerning whether the trailers are stationary sources when not being driven and to prevent inconsistent regulation by districts of vehicles that are operated in more than one district. The state board shall develop regulations, on or before January 1, 2000, to achieve reductions in emissions attributable to the refrigerated trailers. (Added by Stats. 1997, Ch. 418, Sec. 1. Effective January 1, 1998.)
  26. 39619.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Legislature finds that California needs better monitoring of airborne fine particles, especially PM 2.5 and PM 10, to support exposure evaluation and control strategies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39619. The Legislature hereby finds and declares all of the following: (a) Recent scientific studies have documented significant adverse public health effects associated with exposure to airborne fine particles that are smaller than 2.5 microns (PM 2.5). (b) Federal ambient air quality standards for the control of particles smaller than 10 microns in diameter (PM 10) will require additional emission controls in California. (c) California’s existing ambient air quality monitoring program for PM 10 and PM 2.5 provides inadequate scientific information with regard to the level of public exposure to, and public health risk from, airborne fine particles, and therefore must be expanded and improved to evaluate priorities and establish appropriate control strategies. (d) Current proposals for required monitoring of PM 2.5 by the Environmental Protection Agency may not be appropriate for properly measuring species of pollutants that comprise the principal components of airborne fine particles within the state. (e) California needs to develop an airborne fine particle monitoring program that reflects the specific nature of California’s fine particle air pollution problem and develops data suitable for use in exposure evaluations. (f) California should use the most accurate methods available in the fine particle monitoring program that are appropriate for use in California and should strive to avoid duplication of the federal air monitoring program whenever possible. (Added by Stats. 1997, Ch. 518, Sec. 1. Effective January 1, 1998.)
  27. 39619.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must run an expanded PM 2.5 monitoring program and publish its status and results on its website at least every January 1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39619.5. The state board shall develop and conduct an expanded and revised program of monitoring of airborne fine particles smaller than 2.5 microns in diameter (PM 2.5). The program shall be designed to accomplish all of the following: (a) The monitoring method selected shall be capable of accurately representing the spectrum of compounds that comprise PM 2.5 in the atmosphere of regions where monitoring is conducted, including nitrates and other inorganic compounds, as well as carbonaceous materials. (b) To the extent feasible, the state board shall consider approved federal particulate methods in selecting a monitoring method for the program. (c) The monitoring network used in the program shall site monitors so as to characterize population exposure, background conditions, and transport influence, and attain any other objective identified by the state board as necessary to understand conditions and to provide information for the development of control strategies. (d) Portable monitors shall be used in locations not now monitored for PM 10, but where elevated PM 2.5 might be expected. (e) During the initial two years of expanded monitoring, PM 2.5 monitoring shall be done at one or more of the highest level PM 10 sites in any region that violates the federal ambient air quality standard for PM 10, to enable a determination of the correlation between levels of PM 10 and PM 2.5. (f) In regions where ambient source characterization studies for PM 2.5 have not been completed, the state board shall work with the district to develop and conduct those studies. (g) The state board shall place on its Web site, updated at a minimum January 1 of each year, the status and results of the airborne fine particulate air pollution monitoring program. (Amended by Stats. 2004, Ch. 644, Sec. 15. Effective January 1, 2005.)
  28. 39619.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board and the State Department of Health Services must study environmental health conditions in portable classrooms, with specified coordination, reports, and deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39619.6. (a) By June 30, 2002, the state board and the State Department of Health Services, in consultation with the State Department of Education, the Department of General Services, and the Office of Environmental Health Hazard Assessment, shall conduct a comprehensive study and review of the environmental health conditions in portable classrooms, as defined in subdivision (k) of Section 17070.15 of the Education Code. (b) The state board and the department shall jointly coordinate the study, oversee data analysis and quality assurance, coordinate stakeholder participation, and prepare recommendations. The state board shall develop and oversee the contract for field work, air monitoring, and data analysis, and obtain equipment for the study. The department shall oversee the assessment of ventilation systems and practices and the evaluation of microbiological contaminants, and may provide laboratory analyses as needed. (c) By August 31, 2000, the state board shall release a request for proposals for the field portion of the study. Field work shall begin not later than July 2001. The final report shall be completed on or before June 30, 2002, and shall be provided to the appropriate policy committees of the Legislature. The study of portable classrooms shall include all of the following: (1) Review of design and construction specifications, including those for ventilation systems. (2) Review of school maintenance practices, including the actual operation or nonoperation of ventilation systems. (3) Assessment of indoor air quality. (4) Assessment of potential toxic contamination, including molds and other biological contaminants. (d) The final report shall summarize the results of the study and review, and shall include recommendations to remedy and prevent unhealthful conditions found in portable classrooms, including the need for all of the following: (1) Modified design and construction standards, including ventilation specifications. (2) Emission limits for building materials and classroom furnishings. (3) Other mitigation actions to ensure the protection of children’s health. (Amended by Stats. 2001, Ch. 159, Sec. 131. Effective January 1, 2002.)
  29. 39619.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A state board communication about possible air-pollution penalties must clearly explain how the penalty was calculated and identify the legal basis, and, when relevant, quantify excess pollution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39619.7. (a) A written communication from the state board alleging that an administrative or civil penalty will be, or could be, imposed either by the state board or another party, including the Attorney General, for a violation of air pollution law, shall contain a clear explanation of all of the following: (1) The manner in which the administrative or civil penalty amount was determined, including the aggravating and mitigating factors the state board considered in arriving at the amount, and, where applicable, the per unit or per vehicle basis for the penalty. (2) The provision of law or regulations under which the alleged violator is being assessed the administrative or civil penalty, including the reason that provision is most appropriate for that violation. (3) Whether the administrative or civil penalty is being assessed under a provision of law that prohibits the emission of pollution at a specified level, and if so, a quantification of the specific amount of pollution emitted in excess of that level, where practicable. This quantification may be based on estimates or emission factors. (b) The information described in subdivision (a) and all final mutual settlement agreements reached between the state board and a person alleged to have violated air pollution laws shall be made available to the public. (Added by Stats. 2010, Ch. 413, Sec. 1. (SB 1402) Effective September 28, 2010.)
  30. 39619.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must prepare and submit a report by July 1, 2010.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. General Powers and Duties [39600 - 39619.8] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 39619.8. On or before July 1, 2010, the state board, in consultation with the Public Utilities Commission, the State Energy Resources Conservation and Development Commission, the State Water Resources Control Board, and the Independent System Operator, shall prepare and submit to the Governor and the Legislature a report that evaluates the electrical system reliability needs of the South Coast Air Basin and recommends the most effective and efficient means of meeting those needs while ensuring compliance with state and federal law, including, but not limited to, all of the following policies and requirements: (a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (b) Section 316(b) of the federal Clean Water Act, and any policies and regulations adopted by the State Water Resources Control Board as these regulations applied to thermal powerplants within the basin. (c) State and federal air pollution laws and regulations, including, but not limited to, any requirements for emission reductions credits for new and modified sources of air pollution. (d) Renewable energy and energy efficiency requirements adopted pursuant to Division 1 (commencing with Section 201) of the Public Utilities Code and Division 15 (commencing with Section 25000) of the Public Resources Code. (e) Division 13 (commencing with Section 21000) of the Public Resources Code. (f) The resource adequacy requirements for load-serving entities established by the Public Utilities Commission pursuant to Section 380 of the Public Utilities Code. (Added by Stats. 2009, Ch. 285, Sec. 2. (AB 1318) Effective January 1, 2010.)
  31. 39620.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.1. Permit Assistance [39620- 39620.] ( Chapter 3.1 added by Stats. 1992, Ch. 1096, Sec. 1. )

    Verify source ↗

    The state board must create and run a permit-assistance program, including precertification for certain equipment and processes, charge a fee limited to estimated costs, and the California Environmental Protection Agency must study possible expansion of the program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.1. Permit Assistance [39620- 39620.] ( Chapter 3.1 added by Stats. 1992, Ch. 1096, Sec. 1. ) ## 39620. (a) The state board shall implement a program to assist districts to improve efficiencies in the issuance of permits pursuant to this division. The program shall be consistent with the requirements of Title V. (b) (1) The program shall include a process, developed in coordination with the districts, for the state board to precertify simple, commonly used equipment and processes as being in compliance with applicable air quality rules and regulations, under conditions specified by the state board. The state board shall develop criteria and guidelines for precertification in coordination with the districts. (2) The state board shall charge a reasonable fee for precertification, not to exceed the state board’s estimated costs. Payment of the fee shall be a condition of precertification. (3) Precertification shall not affect any existing authority of a district regarding permitting and compliance requirements. Precertification shall constitute a preliminary evaluation of the equipment or process, and a recommendation by the state board for permit conditions to be adopted by a district having jurisdiction over particular equipment or a particular process, that would allow district permitting staff to more quickly process permit applications for air pollution sources. (4) The California Environmental Protection Agency, within existing resources, and in consultation with appropriate state and local regulatory agencies, shall evaluate the feasibility and benefits of expanding the precertification program to involve other state and local regulatory agencies with jurisdiction over other environmental media, including land and water. (Amended by Stats. 1994, Ch. 429, Sec. 1. Effective January 1, 1995.)
  32. 39625.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    This section says the chapter’s purpose is to set standards and procedures for spending funds for goods-movement emission reduction.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39625. The Legislature finds and declares as follows: (a) In November 2006, the voters approved the Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006, also known as Proposition 1B, that, among other things, provided one billion dollars ($1,000,000,000) to reduce emissions associated with the movement of freight along California’s trade corridors. (b) Proposition 1B requires these funds to be made available, upon appropriation by the Legislature and subject to the conditions and criteria provided by the Legislature, to the State Air Resources Board in order to reduce the emissions associated with goods movement. (c) Proposition 1B further required these funds to be made available for emission reductions not otherwise required by law or regulation. These funds are intended to supplement existing funds used to finance strategies that reduce emissions and public health risk associated with the movement of freight commencing at the state’s seaports and land ports of entry and transported through California’s trade corridors. (d) Tremendous growth in goods movement activity has created a public health crisis in communities located adjacent to ports and along trade corridors. It is the intent of the Legislature that these funds be expended in a manner that reduces the health risk associated with the movement of freight along California’s trade corridors. (e) It is the intent of the Legislature that the state board maximize the emission reduction benefits, achieve the earliest possible health risk reduction in heavily impacted communities, and provide incentives for the control of emission sources that contribute to increased health risk in the future. (f) It is the intent of the Legislature that the state board develop partnerships between federal, state, and private entities involved in goods movement to reduce emissions. (g) The purpose of this chapter is to establish standards and procedures for the expenditure of these funds. (Added by Stats. 2007, Ch. 181, Sec. 2. Effective August 24, 2007.)
  33. 39625.01.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the Goods Movement Emission Reduction Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39625.01. This chapter shall be known, and may be cited, as the Goods Movement Emission Reduction Program. (Added by Stats. 2007, Ch. 181, Sec. 2. Effective August 24, 2007.)
  34. 39625.02.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    This section defines key terms for the goods movement emission reduction program and sets rules for agency funding, reporting, and administration.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39625.02. (a) As used in this chapter and in Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code, the following terms have the following meanings: (1) “Administrative agency” means the state agency responsible for programming bond funds made available by Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code, as specified in subdivision (c). (2) Unless otherwise specified in this chapter, “project” includes equipment purchase, right-of-way acquisition, and project delivery costs. (3) “Recipient agency” means the recipient of bond funds made available by Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code that is responsible for implementation of an approved project. (4) “Fund” shall have the meaning as defined in subdivision (c) of Section 8879.22 of the Government Code. (b) Administrative costs, including audit and program oversight costs for the agency administering the program funded pursuant to this chapter, recoverable by bond funds shall not exceed 5 percent of the program’s costs. (c) The State Air Resources Board is the administrative agency for the goods movement emission reduction program pursuant to paragraph (2) of subdivision (c) of Section 8879.23 of the Government Code. (d) The administrative agency shall not approve project fund allocations for a project until the recipient agency provides a project funding plan that demonstrates that the funds are expected to be reasonably available and sufficient to complete the project. The administrative agency may approve funding for usable project segments only if the benefits associated with each individual segment are sufficient to meet the objectives of the program from which the individual segment is funded. (e) Guidelines adopted by the administrative agency pursuant to this chapter and Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code are intended to provide internal guidance for the agency and shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and shall do all of the following: (1) Provide for audit of project expenditures and outcomes. (2) Require that the useful life of the project be identified as part of the project nomination process. (3) Require that project nominations have project delivery milestones, including, but not limited to, start and completion dates for environmental clearance, land acquisition, design, construction bid award, construction completion, and project closeout, as applicable. (f) (1) As a condition for allocation of funds to a specific project under Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code, the administrative agency shall require the recipient agency to report, on a semiannual basis, on the activities and progress made toward implementation of the project. The administrative agency shall forward the report to the Department of Finance by means approved by the Department of Finance. The purpose of the report is to ensure that the project is being executed in a timely fashion, and is within the scope and budget identified when the decision was made to fund the project. If it is anticipated that project costs will exceed the approved project budget, the recipient agency shall provide a plan to the administrative agency for achieving the benefits of the project by either downscoping the project to remain within budget or by identifying an alternative funding source to meet the cost increase. The administrative agency may either approve the corrective plan or direct the recipient agency to modify its plan. (2) Within six months of the project becoming operable, the recipient agency shall provide a report to the administrative agency on the final costs of the project as compared to the approved project budget, the project duration as compared to the original project schedule as of the date of allocation, and performance outcomes derived from the project compared to those described in the original application for funding. The administrative agency shall forward the report to the Department of Finance by means approved by the Department of Finance. (Amended by Stats. 2008, Ch. 179, Sec. 150. Effective January 1, 2009.)
  35. 39625.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter on the Goods Movement Emission Reduction Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39625.1. As used in this chapter, the following terms have the following meanings: (a) “Applicant” means any local public entity involved in the movement of freight through trade corridors of the state or involved in air quality improvements associated with goods movement. For the purposes of administering a loan or loan guarantee program only, an applicant may include any state agency. (b) “Emission” or “emissions” means emissions including, but not limited to, diesel particulate matter, oxides of nitrogen, oxides of sulfur, and reactive organic gases. (c) “Emission sources” means one of the following categories of sources of air pollution associated with the movement of freight through California’s trade corridors: heavy-duty trucks, locomotives, commercial harbor craft, ocean-going vessels related to freight, and cargo-handling equipment. (d) “Goods movement facility” means airports, seaports, land ports of entry, freight distribution warehouses and logistic centers, freight rail systems, and highways that have a high volume of truck traffic related to the movement of goods, as determined by the state board. (e) “Trade corridors” means any of the following areas: the Los Angeles/Inland Empire region, the Central Valley region, the Bay Area region, and the San Diego/border region. (Amended by Stats. 2008, Ch. 760, Sec. 10. Effective September 30, 2008.)
  36. 39625.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    Funding under this chapter may include grants, loans, and loan guarantees.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39625.3. Funding pursuant to this chapter may include grants, loans, and loan guarantees. (Added by Stats. 2007, Ch. 181, Sec. 2. Effective August 24, 2007.)
  37. 39625.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    The state board must allocate certain funds for eligible emission reduction projects, give priority to projects that reduce health risks fastest, consider listed funding criteria, and match bond funds with other sources as far as feasible.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39625.5. (a) (1) Upon appropriation by the Legislature from the funds made available by paragraph (2) of subdivision (c) of Section 8879.23 of the Government Code, the state board shall allocate funds on a competitive basis for projects that are shown to achieve the greatest emission reductions from each emission source identified in subdivision (c) of Section 39625.1, not otherwise required by law or regulation, from activities related to the movement of freight along California’s trade corridors, commencing at the state’s airports, seaports, and land ports of entry. (2) Projects eligible for funding pursuant to paragraph (1) shall include, but are not limited to, the following: (A) The replacement, repower, or retrofit of heavy-duty diesel trucks. (B) The replacement, repower, or retrofit of diesel locomotive engines, with priority given to switching locomotive engines, provided that before any project is authorized for a locomotive engine operated and controlled by a railroad company that has entered into a memorandum of understanding or any other agreement with a state or federal agency, a local air quality management district, or a local air pollution control district, including, but not limited to, the ARB/Railroad Statewide Agreement Particulate Emissions Reductions Program at California Rail Yards, dated June 2005, the state board shall determine that the emission reductions that would be achieved by the locomotive engine are not necessary to satisfy any mandated emission reduction requirement under any such agreement. (C) The replacement, repower, or retrofit of harbor craft that operates at the state’s seaports. (D) The provision of on-shore electrical power for ocean freight carriers calling at the state’s seaports to reduce the use of auxiliary and main engine ship power. (E) Mobile or portable shoreside distributed power generation projects that eliminate the need to use the electricity grid. (F) The replacement, repower, or retrofit of cargo handling equipment that operates at the state’s seaports and rail yards. (G) Electrification infrastructure to reduce engine idling and use of internal combustion auxiliary power systems at truck stops, intermodal facilities, distribution centers, and other places where trucks congregate. (b) (1) The state board shall allocate funds in a manner that gives priority to emission reduction projects that achieve the earliest possible reduction of health risk in communities with the highest health risks from goods movement facilities. (2) In evaluating which projects to fund, the state board shall at a minimum consider all of the following criteria: (A) The magnitude of the emission reduction. (B) The public health benefits of the emission reduction. (C) The cost-effectiveness and sustainability of the emissions reductions. (D) The severity and magnitude of the emission source’s contributions to emissions. (E) Regulatory and State Implementation Plan requirements, and the degree of surplus emissions to be reduced. (F) The reduction in greenhouse gases, consistent with and supportive of emission reduction goals, consistent with existing law. (G) The extent to which advanced emission reduction technologies are to be used. (H) The degree to which funds are leveraged from other sources. (I) The degree to which the project reduces air pollutants or air contaminants in furtherance of achieving state and federal ambient air quality standards and reducing toxic air contaminants. (J) The total emission reductions a project would achieve over its lifetime per state dollar invested. (K) Whether an emissions reduction is likely to occur in a location where emissions sources in the area expose individuals and population groups to elevated emissions that result in adverse health effects and contribute to cumulative human exposures to pollution. (c) The state board shall ensure that state bond funds are supplemented and matched with funds from federal, local, and private sources to the maximum extent feasible. (Amended (as added by Stats. 2007, Ch. 181) by Stats. 2007, Ch. 187, Sec. 1. Effective August 24, 2007.)
  38. 39626.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    The state board must issue guidelines and manage the funding process for the goods movement emission reduction program, including public workshops, funding notices, project lists, and related agreement remedies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39626. (a) (1) The state board shall develop guidelines by December 31, 2007, consistent with the requirements of this chapter, to implement Section 39625.5, in consultation with stakeholders, including, but not limited to, local air quality management and air pollution control districts, metropolitan planning organizations, port authorities, shipping lines, railroad companies, trucking companies, harbor craft owners, freight distributers, terminal operators, local port community advisory groups, community interest groups, and airports. The guidelines shall, at a minimum, include all of the following: (A) An application process for the funds, and any limits on administrative costs for the recipient agency, including an administrative cost limit of up to 5 percent. (B) A requirement for a contribution of a specified percentage of funds leveraged from other sources or in-kind contributions toward the project. (C) Project selection criteria. (D) The method by which the state board will consider the air basin’s status in maintaining and achieving state and federal ambient air quality standards and the public health risk associated with goods movement-related emissions and toxic air contaminants. (E) Accountability and auditing requirements to ensure that expenditure of bond proceeds, less administrative costs, meets quantifiable emission reduction objectives in a timely manner, and to ensure that the emission reductions will continue in California for the project lifetime. (F) Requirements for agreements between applicants and recipients of funds executed by the state board related to the identification of project implementation milestones and project completion that ensure that if a recipient fails to accomplish project milestones within a specified time period, the state board may modify or terminate the agreement and seek other remedies as it deems necessary. (2) Prior to the adoption of the guidelines, the state board shall hold no less than one public workshop in northern California, one public workshop in the Central Valley, and one public workshop in southern California. (b) For each fiscal year in which funds are appropriated for the purposes of this chapter, the state board shall issue a notice of funding availability no later than November 30. For the 2007–08 fiscal year, if funds are appropriated for the purposes of this chapter, the state board shall issue a notice of funding upon adoption of the guidelines described in subdivision (a). (c) (1) After applications have been submitted and reviewed for consistency with the requirements of this chapter and the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, the state board shall compile and release to the public a preliminary list of all projects that the state board is considering for funding and provide adequate opportunity for public input and comment. (2) The state board shall hold no less than one public workshop in northern California, one public workshop in the Central Valley, and one public workshop in southern California to discuss the preliminary list. This requirement shall not apply to the funds appropriated in the 2007–08 fiscal year. (3) After the requirements of paragraphs (1) and (2) are met, the state board shall adopt a final list of projects that will receive funding at a regularly scheduled public hearing. (d) Nothing in this chapter authorizes the state board to program funds not appropriated by the Legislature. (Amended by Stats. 2008, Ch. 760, Sec. 11. Effective September 30, 2008.)
  39. 39626.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    Funds for a project cannot be used unless the project is sponsored by an applicant and fits local or regional emissions-reduction plans. Applicants must award the project contract within two years of fund allocation and liquidate awarded funds within four years, or the money reverts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39626.5. (a) A project shall not be funded pursuant to this chapter unless both of the following requirements are met: (1) The project is sponsored by an applicant. (2) The project is consistent with any comprehensive local or regional plans or strategies to reduce emissions from goods movement activities in its jurisdiction. (b) Notwithstanding Section 16304.1 of the Government Code, an applicant receiving funds pursuant to this chapter shall have up to two years from the date that the funds are allocated to the applicant pursuant to a grant agreement to award the contract for implementation of a project, or the funds shall revert to the California Ports Infrastructure, Security, and Air Quality Improvement Account for allocation as provided in paragraph (2) of subdivision (c) of Section 8879.23 of the Government Code upon appropriation by the Legislature. Funds not liquidated within four years of the date of the award of the contract between the applicant and the contractor shall revert to the California Ports Infrastructure, Security, and Air Quality Improvement Account for allocation as provided in paragraph (2) of subdivision (c) of Section 8879.23 of the Government Code upon appropriation by the Legislature. Returned funds or unspent funds from obligated contracts received by the applicant prior to the end of the four-year liquidation period may be awarded by the applicant to fund other equipment projects included on the same competitively ranked list approved by the state board pursuant to the grant agreement, or, if there are no other eligible projects included on that list, shall be returned to the state board for reallocation to an applicant by the state board pursuant to guidelines developed and adopted by the state board through a public process. These guidelines shall give first priority to projects that are both in the same emission source category and in the same trade corridor as the original project, and second priority to projects that are only in the same trade corridor as the original project. All funds awarded by the applicant shall be liquidated within four years of the date of the award of the original contract or shall revert to the California Ports Infrastructure, Security, and Air Quality Improvement Account for allocation provided in paragraph (2) of subdivision (c) of Section 8879.23 of the Government Code upon appropriation by the Legislature. (c) Of the amount appropriated in Item 3900–001–6054 of the Budget Act of 2007, not more than twenty-five million dollars ($25,000,000) shall be available to the state board for the purpose of executing grant agreements directly with ports, railroads, or local air districts for eligible projects to achieve the earliest possible health risk reduction from the emission sources identified in subdivision (c) of Section 39625.1. It is the intent of the Legislature that funds allocated pursuant to this subdivision be distributed pursuant to the guidelines adopted by the state board under Section 39626, and that the state board provide sufficient opportunity for the public to review and comment on any projects proposed to be funded pursuant to this subdivision. (Amended by Stats. 2009, Ch. 483, Sec. 1. (AB 892) Effective January 1, 2010.)
  40. 39627.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    The state board may seek reimbursement for program administration costs each year through a Budget Act appropriation from specified funds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39627. The state board may seek reimbursement for program administration costs annually through an appropriation in the Budget Act from funds available pursuant to paragraph (2) of subdivision (c) of Section 8879.23 of the Government Code. (Added by Stats. 2007, Ch. 181, Sec. 2. Effective August 24, 2007.)
  41. 39627.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. )

    Verify source ↗

    The state board must file an annual report to the Legislature on January 10 with the Governor’s proposed budget.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.2. Goods Movement Emission Reduction Program [39625 - 39627.5] ( Chapter 3.2 added by Stats. 2007, Ch. 181, Sec. 2. ) ## 39627.5. The state board shall submit an annual report to the Legislature summarizing its activities related to the administration of this chapter with the Governor’s proposed budget, on January 10, for the ensuing fiscal year. The summary shall, at a minimum, include a description of projects funded pursuant to this chapter, the amount of funds allocated for each project, the location of each project, the status of each project, and a quantitative description of the emissions reductions achieved through the project or program. The state board shall include in this report a description of any changes to the scope of grant agreements entered into to allocate funds to an applicant or changes to the award amounts described in a grant agreement. (Amended by Stats. 2009, Ch. 483, Sec. 2. (AB 892) Effective January 1, 2010.)
  42. 39630.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.3. Cruise Ships and Oceangoing Ships [39630 - 39632] ( Heading of Chapter 3.3 amended by Stats. 2005, Ch. 588, Sec. 1.5. )

    Verify source ↗

    The Legislature states that protecting air quality from cruise ship and oceangoing ship engine emissions is in the interests of all Californians.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.3. Cruise Ships and Oceangoing Ships [39630 - 39632] ( Heading of Chapter 3.3 amended by Stats. 2005, Ch. 588, Sec. 1.5. ) ## 39630. The Legislature finds and declares that it is in the interests of all Californians to protect the air quality from increasing volumes of cruise ship engine and oceangoing ship engine emissions. (Amended by Stats. 2005, Ch. 588, Sec. 2. Effective January 1, 2006.)
  43. 39631.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.3. Cruise Ships and Oceangoing Ships [39630 - 39632] ( Heading of Chapter 3.3 amended by Stats. 2005, Ch. 588, Sec. 1.5. )

    Verify source ↗

    The state board must enforce this chapter and may adopt standards, rules, and regulations for that purpose. The section also defines “cruise ship” and “oceangoing ship.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.3. Cruise Ships and Oceangoing Ships [39630 - 39632] ( Heading of Chapter 3.3 amended by Stats. 2005, Ch. 588, Sec. 1.5. ) ## 39631. (a) The state board shall enforce this chapter, and may adopt standards, rules, and regulations for that purpose pursuant to Section 39601. (b) As used in this division, “cruise ship” means a commercial vessel that has the capacity to carry 250 or more passengers for hire. “Cruise ship” does not include the following: (1) Vessels without berths or overnight accommodations for passengers. (2) Noncommercial vessels, warships, vessels operated by nonprofit entities as determined by the Internal Revenue Service, and vessels operated by the state, United States, or a foreign government. (3) Oceangoing ships, as defined in subdivision (c). (c) As used in this division, “oceangoing ship” means a private, commercial, government, or military vessel of 300 gross registered tons or more calling on California ports or places. (Amended by Stats. 2005, Ch. 588, Sec. 3. Effective January 1, 2006.)
  44. 39632.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.3. Cruise Ships and Oceangoing Ships [39630 - 39632] ( Heading of Chapter 3.3 amended by Stats. 2005, Ch. 588, Sec. 1.5. )

    Verify source ↗

    Cruise ships and oceangoing ships must not conduct onboard incineration while operating within three miles of the California coast, except as allowed by federal law.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.3. Cruise Ships and Oceangoing Ships [39630 - 39632] ( Heading of Chapter 3.3 amended by Stats. 2005, Ch. 588, Sec. 1.5. ) ## 39632. Commencing on January 1, 2005, a cruise ship, and commencing on January 1, 2006, an oceangoing ship, shall not conduct onboard incineration while operating within three miles of the California coast, to the extent allowed by federal law. (Amended by Stats. 2005, Ch. 588, Sec. 4. Effective January 1, 2006.)
  45. 39640.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.4. Schoolbus Idling and Idling at Schools [39640 - 39642] ( Chapter 3.4 added by Stats. 2009, Ch. 561, Sec. 1. )

    Verify source ↗

    This section states the chapter’s purpose: to reduce exposure to diesel exhaust and other toxic air contaminants by limiting unnecessary vehicle idling, especially around school-age children.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.4. Schoolbus Idling and Idling at Schools [39640 - 39642] ( Chapter 3.4 added by Stats. 2009, Ch. 561, Sec. 1. ) ## 39640. The purpose of this chapter is to reduce public exposure, especially schoolage children’s exposure, to diesel exhaust particulate matter and other toxic air contaminants by limiting unnecessary idling of vehicular sources. (Added by Stats. 2009, Ch. 561, Sec. 1. (SB 124) Effective January 1, 2010.)
  46. 39641.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.4. Schoolbus Idling and Idling at Schools [39640 - 39642] ( Chapter 3.4 added by Stats. 2009, Ch. 561, Sec. 1. )

    Verify source ↗

    The state board has adopted regulations that set toxic control measures to limit schoolbus idling and idling at schools.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.4. Schoolbus Idling and Idling at Schools [39640 - 39642] ( Chapter 3.4 added by Stats. 2009, Ch. 561, Sec. 1. ) ## 39641. The state board has adopted regulations establishing toxic control measures to limit schoolbus idling and idling at schools. (Added by Stats. 2009, Ch. 561, Sec. 1. (SB 124) Effective January 1, 2010.)
  47. 39642.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.4. Schoolbus Idling and Idling at Schools [39640 - 39642] ( Chapter 3.4 added by Stats. 2009, Ch. 561, Sec. 1. )

    Verify source ↗

    Several authorities may enforce the Section 39641 regulations, and violations of those regulations can bring civil and criminal penalties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.4. Schoolbus Idling and Idling at Schools [39640 - 39642] ( Chapter 3.4 added by Stats. 2009, Ch. 561, Sec. 1. ) ## 39642. The regulations described in Section 39641 may be enforced by the state board, peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of the Penal Code, and their respective law enforcement agencies’ authorized representatives, and the air districts. A violation of any provision of the regulations described in Section 39641 is subject to a minimum civil penalty of three hundred dollars ($300), additional civil penalties as provided in Section 39674, and to criminal penalties as provided in Article 3 (commencing with Section 42400) of Chapter 4 of Part 4. (Added by Stats. 2009, Ch. 561, Sec. 1. (SB 124) Effective January 1, 2010.)
  48. 39650.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 1. Findings, Declarations and Intent [39650- 39650.] ( Article 1 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    This section states legislative findings about toxic air contaminants and says the chapter is meant to create a program to evaluate and control them.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 1. Findings, Declarations and Intent [39650- 39650.] ( Article 1 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39650. The Legislature finds and declares the following: (a) That public health, safety, and welfare may be endangered by the emission into the ambient air of substances which are determined to be carcinogenic, teratogenic, mutagenic, or otherwise toxic or injurious to humans. (b) That persons residing in California may be exposed to a multiplicity of toxic air contaminants from numerous sources which may act cumulatively to produce adverse effects, and that this phenomenon should be taken into account when evaluating the health effects of individual compounds. (c) That it is the public policy of the state that emissions of toxic air contaminants should be controlled to levels which prevent harm to the public health. (d) That the identification and regulation of toxic air contaminants should utilize the best available scientific evidence gathered from the public, private industry, the scientific community, and federal, state, and local agencies, and that the scientific research on which decisions related to health effects are based should be reviewed by a scientific review panel and members of the public. (e) That, while absolute and undisputed scientific evidence may not be available to determine the exact nature and extent of risk from toxic air contaminants, it is necessary to take action to protect public health. (f) That the state board has adopted regulations regarding the identification and control of toxic air contaminants, but that the statutory authority of the state board, the relationship of its proposed program to the activities of other agencies, and the role of scientific and public review of the regulations should be clarified by the Legislature. (g) That the Department of Food and Agriculture has jurisdiction over pesticides to protect the public from environmentally harmful pesticides by regulating the registration and uses of pesticides. (h) That while there is a statewide program to control levels of air contaminants subject to state and national ambient air quality standards, there is no specific statutory framework in this division for the evaluation and control of substances which may be toxic air contaminants. (i) That the purpose of this chapter is to create a program which specifically addresses the evaluation and control of substances which may be toxic air contaminants and which complements existing authority to establish, achieve, and maintain ambient air quality standards. (j) That this chapter is limited to toxic air contaminants and nothing in the chapter is to be construed as expanding or limiting the authority of any agency or district concerning pesticides which are not identified as toxic air contaminants. (k) That a statewide program to control toxic air contaminants is necessary and desirable in order to provide technical and scientific assistance to the districts, to achieve the earliest practicable control of toxic air contaminants, to promote the development and use of advanced control technologies and alternative processes and materials, to identify the toxic air contaminants of concern and determine the priorities of their control, and to minimize inconsistencies in protecting the public health in various areas of the state. (Added by Stats. 1983, Ch. 1047, Sec. 1.)
  49. 39655.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2. Definitions [39655- 39655.] ( Article 2 repealed and added by Stats. 1992, Ch. 1161, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter, including “toxic air contaminant,” “airborne toxic control measure,” “pesticide,” “federal act,” and “office.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2. Definitions [39655- 39655.] ( Article 2 repealed and added by Stats. 1992, Ch. 1161, Sec. 2. ) ## 39655. As used in this chapter: (a) “Toxic air contaminant” means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. A substance that is listed as a hazardous air pollutant pursuant to subsection (b) of Section 112 of the federal act (42 U.S.C. Sec. 7412(b)) is a toxic air contaminant. A toxic air contaminant which is a pesticide shall be regulated in its pesticidal use by the Department of Pesticide Regulation pursuant to Article 1.5 (commencing with Section 14021) of Chapter 3 of Division 7 of the Food and Agricultural Code. (b) “Airborne toxic control measure” means either of the following: (1) Recommended methods, and, where appropriate, a range of methods, that reduce, avoid, or eliminate the emissions of a toxic air contaminant. Airborne toxic control measures include, but are not limited to, emission limitations, control technologies, the use of operational and maintenance conditions, closed system engineering, design, equipment, or work practice standards, and the reduction, avoidance, or elimination of emissions through process changes, substitution of materials, or other modifications. (2) Emission standards adopted by the Environmental Protection Agency pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412). (c) “Pesticide” means any economic poison as defined in Section 12753 of the Food and Agricultural Code. (d) “Federal act” means the Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549), and as the federal act may be further amended. (e) “Office” means the Office of Environmental Health Hazard Assessment. (Repealed and added by Stats. 1992, Ch. 1161, Sec. 2. Effective January 1, 1993.)
  50. 39656.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. )

    Verify source ↗

    The state board and districts may set up a toxic air contaminants program consistent with certain federal requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. ) ## 39656. It is the intent of the Legislature that the state board and the districts implement a program to regulate toxic air contaminants that will enable the state to receive approval to implement and enforce emission standards and other requirements for air pollutants subject to Section 112 of the federal act (42 U.S.C. Sec. 7412). The state board and the districts may establish a program that is consistent with the requirements for state programs set forth in subsection ( l) of Section 112 and Section 502 of the federal act (42 U.S.C. Secs. 7412( l) and 7661a). Nothing in this chapter requires that the program be identical to the federal program for hazardous air pollutants as set forth in the federal act. (Repealed (by Sec. 1) and added by Stats. 1992, Ch. 1161, Sec. 3. Effective January 1, 1993.)
  51. 39657.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. )

    Verify source ↗

    The state board must identify toxic air contaminants in California air, and it must also designate certain federally listed hazardous air pollutants as toxic air contaminants by regulation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. ) ## 39657. (a) Except as provided in subdivision (b), the state board shall identify toxic air contaminants which are emitted into the ambient air of the state using the procedures and following the requirements prescribed by Article 3 (commencing with Section 39660). (b) The state board shall, by regulation, designate any substance that is listed as a hazardous air pollutant pursuant to subsection (b) of Section 112 of the federal act (42 U.S.C. Sec. 7412(b)) as a toxic air contaminant. A regulation that designates a hazardous air pollutant as a toxic air contaminant shall be deemed to be a regulation mandated by federal law and is not subject to Sections 11346.2 and 11346.9 of the Government Code, Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, or Article 3 (commencing with Section 39660). (Amended by Stats. 1995, Ch. 938, Sec. 71. Effective January 1, 1996.)
  52. 39658.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. )

    Verify source ↗

    The state board must establish airborne toxic control measures for toxic air contaminants, and in some cases adopt, implement, or revise them under specified procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. ) ## 39658. The state board shall establish airborne toxic control measures for toxic air contaminants in accordance with all of the following: (a) If a substance is identified as a toxic air contaminant pursuant to Article 3 (commencing with Section 39660), the airborne toxic control measure applicable to the toxic air contaminant shall be adopted following the procedures and meeting the requirements of Article 4 (commencing with Section 39665). (b) If a substance is designated as a toxic air contaminant because it is listed as a hazardous air pollutant pursuant to subsection (b) of Section 112 of the federal act (42 U.S.C. Sec. 7412(b)), the state board shall establish the airborne toxic control measure applicable to the substance as follows: (1) If an emission standard applicable to the hazardous air pollutant has been adopted by the Environmental Protection Agency pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412), except as provided in paragraphs (2), (3), and (4), that emission standard adopted pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412) for the hazardous air pollutant is also the airborne toxic control measure for the toxic air contaminant. The state board shall implement the relevant emission standard and it shall be the airborne toxic control measure for purposes of this chapter. The implementation of the emission standard is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code or Article 4 (commencing with Section 39665). (2) If an emission standard applicable to the hazardous air pollutant has been adopted by the Environmental Protection Agency pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412) and the state board finds that the emission standard does not achieve the purposes set forth in subdivision (b) or (c), as applicable, of Section 39666, the state board shall adopt an airborne toxic control measure for the toxic air contaminant that it finds will achieve those purposes. The state board shall, when it adopts an airborne toxic control measure pursuant to this paragraph, follow the procedures and meet the requirements of Article 4 (commencing with Section 39665). (3) If the state board implements an airborne toxic control measure applicable to the substance pursuant to paragraph (1) and later finds that the purposes set forth in subdivision (b) or (c), as applicable, of Section 39666 are not achieved by the airborne toxic control measure, the state board may revise the airborne toxic control measure to achieve those purposes. The state board shall, when it revises an airborne toxic control measure pursuant to this paragraph, follow the procedures and meet the requirements of Article 4 (commencing with Section 39665). The state board may revise an airborne toxic control measure pursuant to this paragraph only if it first finds that the reduction in risk to the public health that will be achieved by the revision justifies the burden that will be imposed on persons who are in compliance with the airborne toxic control measure previously implemented pursuant to paragraph (1). (4) If an emission standard applicable to the hazardous air pollutant has not been adopted by the Environmental Protection Agency pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412), the state board may adopt an airborne toxic control measure applicable to the toxic air contaminant pursuant to Article 4 (commencing with Section 39665). (Added by Stats. 1992, Ch. 1161, Sec. 3. Effective January 1, 1993.)
  53. 39659.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. )

    Verify source ↗

    The state board and the districts may adopt regulations for monitoring, permits, and enforcement of certain hazardous air pollutant programs, and they must use specified federal definitions when needed to meet federal requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 2.5. Coordination With the Federal Act [39656 - 39659] ( Article 2.5 added by Stats. 1992, Ch. 1161, Sec. 3. ) ## 39659. (a) The state board and the districts may adopt regulations which do both of the following: (1) Impose monitoring requirements, establish procedures for issuing, reissuing, and enforcing permits, and take any other action that may be necessary to establish, implement, and enforce programs for the regulation of hazardous air pollutants which have been listed as toxic air contaminants pursuant to subdivision (b) of Section 39657. (2) Meet the requirements of subsection ( l) of Section 112 and Section 502 of the federal act (42 U.S.C. Secs. 7412( l) and 7661a) and the guidelines and regulations adopted by the Environmental Protection Agency pursuant to those sections. (b) In adopting regulations pursuant to subdivision (a), the state board and the districts shall, to the extent necessary to ensure that the requirements of the federal act are met, use the definitions contained in subsection (a) of Section 112 of the federal act (42 U.S.C. Sec. 7412(a)). (Added by Stats. 1992, Ch. 1161, Sec. 3. Effective January 1, 1993.)
  54. 39660.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The office must evaluate certain air contaminants and prepare recommendations when the state board asks, and people must provide requested information; some trade-secret information is protected.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39660. (a) Upon the request of the state board, the office, in consultation with and with the participation of the state board, shall evaluate the health effects of and prepare recommendations regarding substances, other than pesticides in their pesticidal use, which may be or are emitted into the ambient air of California and that may be determined to be toxic air contaminants. (b) In conducting this evaluation, the office shall consider all available scientific data, including, but not limited to, relevant data provided by the state board, the State Department of Health Services, the Occupational Safety and Health Division of the Department of Industrial Relations, the Department of Pesticide Regulation, international and federal health agencies, private industry, academic researchers, and public health and environmental organizations. The evaluation shall be performed using current principles, practices, and methods used by public health professionals who are experienced practitioners in the fields of epidemiology, human health effects assessment, risk assessment, and toxicity. (c) (1) The evaluation shall assess the availability and quality of data on health effects, including potency, mode of action, and other relevant biological factors, of the substance, and shall, to the extent that information is available, assess all of the following: (A) Exposure patterns among infants and children that are likely to result in disproportionately high exposure to ambient air pollutants in comparison to the general population. (B) Special susceptibility of infants and children to ambient air pollutants in comparison to the general population. (C) The effects on infants and children of exposure to toxic air contaminants and other substances that have a common mechanism of toxicity. (D) The interaction of multiple air pollutants on infants and children, including the interaction between criteria air pollutants and toxic air contaminants. (2) The evaluation shall also contain an estimate of the levels of exposure that may cause or contribute to adverse health effects. If it can be established that a threshold of adverse health effects exists, the estimate shall include both of the following factors: (A) The exposure level below which no adverse health effects are anticipated. (B) An ample margin of safety that accounts for the variable effects that heterogeneous human populations exposed to the substance under evaluation may experience, the uncertainties associated with the applicability of the data to human beings, and the completeness and quality of the information available on potential human exposure to the substance. In cases in which there is no threshold of significant adverse health effects, the office shall determine the range of risk to humans resulting from current or anticipated exposure to the substance. (3) The scientific basis or scientific portion of the method used by the office to assess the factors set forth in this subdivision shall be reviewed in a manner consistent with this chapter by the Scientific Review Panel on Toxic Air Contaminants established pursuant to Article 5 (commencing with Section 39670). Any person may submit any information for consideration by the panel, which may receive oral testimony. (d) The office shall submit its written evaluation and recommendations to the state board within 90 days after receiving the request of the state board pursuant to subdivision (a). The office may, however, petition the state board for an extension of the deadline, not to exceed 30 days, setting forth its statement of the reasons that prevent the office from completing its evaluation and recommendations within 90 days. Upon receipt of a request for extension of, or noncompliance with, the deadline contained in this section, the state board shall immediately transmit to the Assembly Committee on Rules and the Senate Committee on Rules, for transmittal to the appropriate standing, select, or joint committee of the Legislature, a statement of reasons for extension of the deadline, along with copies of the office’s statement of reasons that prevent it from completing its evaluation and recommendations in a timely manner. (e) (1) The state board or a district may request, and any person shall provide, information on any substance that is or may be under evaluation and that is manufactured, distributed, emitted, or used by the person of whom the request is made, in order to carry out its responsibilities pursuant to this chapter. To the extent practical, the state board or a district may collect the information in aggregate form or in any other manner designed to protect trade secrets. (2) Any person providing information pursuant to this subdivision may, at the time of submission, identify a portion of the information submitted to the state board or a district as a trade secret and shall support the claim of a trade secret, upon the written request of the state board or district board. Subject to Section 1060 of the Evidence Code, information supplied that is a trade secret, as specified in Section 7924.510 of the Government Code, and that is so marked at the time of submission, shall not be released to any member of the public. This section does not prohibit the exchange of properly designated trade secrets between public agencies when those trade secrets are relevant and necessary to the exercise of their jurisdiction if the public agencies exchanging those trade secrets preserve the protections afforded that information by this paragraph. (3) Any information not identified as a trade secret shall be available to the public unless exempted from disclosure by other provisions of law. The fact that information is claimed to be a trade secret is public information. Upon receipt of a request for the release of information that has been claimed to be a trade secret, the state board or district shall immediately notify the person who submitted the information, and shall determine whether or not the information claimed to be a trade secret is to be released to the public. The state board or district board, as the case may be, shall make its determination within 60 days after receiving the request for disclosure, but not before 30 days following the notification of the person who submitted the information. If the state board or district decides to make the information public, it shall provide the person who submitted the information 10 days’ notice prior to public disclosure of the information. (f) The office and the state board shall give priority to the evaluation and regulation of substances based on factors related to the risk of harm to public health, amount or potential amount of emissions, manner of, and exposure to, usage of the substance in California, persistence in the atmosphere, and ambient concentrations in the community. In determining the importance of these factors, the office and the state board shall consider all of the following information, to the extent that it is available: (1) Research and monitoring data collected by the state board and the districts pursuant to Sections 39607, 39617.5, 39701, and 40715, and by the United States Environmental Protection Agency pursuant to paragraph (2) of subsection (k) of Section 112 of the federal act (42 U.S.C. Sec. 7412(k)(2)). (2) Emissions inventory data reported for substances subject to Part 6 (commencing with Section 44300) and the risk assessments prepared for those substances. (3) Toxic chemical release data reported to the state emergency response commission pursuant to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. Sec. 11023) and Section 6607 of the Pollution Prevention Act of 1990 (42 U.S.C. Sec. 13106). (4) Information on estimated actual exposures to substances based on geographic and demographic data and on data derived from analytical methods that measure the dispersion and concentrations of substances in ambient air. (Amended by Stats. 2021, Ch. 615, Sec. 258. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  55. 39660.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board must assess indoor and ambient exposure to toxic air contaminants, consult with the State Department of Health Services, and share data with several agencies when indoor toxic air pollutants are found.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39660.5. (a) In evaluating the level of potential human exposure to toxic air contaminants, the state board shall assess that exposure in indoor environments as well as in ambient air conditions. (b) The state board shall consult with the State Department of Health Services, pursuant to the program on indoor environmental quality established under Chapter 7 (commencing with Section 105400) of Part 5 of Division 103, concerning what potential toxic air contaminants may be found in the indoor environment and on the best methodology for measuring exposure to these contaminants. (c) When the state board identifies toxic air pollutants that have been found in any indoor environment, the state board shall refer all available data on that exposure and the suspected source of the pollutant to the State Department of Health Services, the Division of Occupational Safety and Health of the Department of Industrial Relations, the State Energy Resources Conservation and Development Commission, the Department of Housing and Community Development, and the Department of Consumer Affairs. (d) In assessing human exposure to toxic air contaminants in indoor environments pursuant to this section, the state board shall identify the relative contribution to total exposure to the contaminant from indoor concentrations, taking into account both ambient and indoor air environments. (Amended by Stats. 1996, Ch. 1023, Sec. 301. Effective September 29, 1996.)
  56. 39661.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board must prepare a report after receiving the Section 39660 evaluation and recommendations, and the report is then publicly available except for trade secrets and reviewed by the scientific review panel.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39661. (a) (1) Upon receipt of the evaluation and recommendations prepared pursuant to Section 39660, the state board, in consultation with, and with the participation of, the office, shall prepare a report in a form that may serve as the basis for regulatory action regarding a particular substance pursuant to subdivisions (b) and (c) of Section 39662. (2) The report shall include and be developed in consideration of the evaluation and recommendations of the office. (b) The report, together with the scientific data on which the report is based, shall, with the exception of trade secrets, be made available to the public and shall be formally reviewed by the scientific review panel established pursuant to Section 39670. The panel shall review the scientific procedures and methods used to support the data, the data itself, and the conclusions and assessments on which the report is based. Any person may submit any information for consideration by the panel, which may, at its discretion, receive oral testimony. The panel shall submit its written findings to the state board within 45 days after receiving the report. The panel may, however, petition the state board for an extension of the deadline, which may not exceed 15 working days. (c) If the scientific review panel determines that the health effects report is not based upon sound scientific knowledge, methods, or practices, the report shall be returned to the state board, and the state board, in consultation with, and with the participation of, the office, shall prepare revisions to the report, which shall be resubmitted within 30 days following receipt of the panel’s determination to the scientific review panel, which shall review the report in conformance with subdivision (b) prior to a formal proposal by the state board pursuant to Section 39662. (Amended by Stats. 2004, Ch. 183, Sec. 217. Effective January 1, 2005.)
  57. 39662.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board must issue a hearing notice and proposed regulation, list toxic air contaminants by regulation after a public hearing, include a threshold exposure level if applicable, use protective scientific criteria, and may be petitioned by any person for review.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39662. (a) Within 10 working days following receipt of the findings of the scientific review panel pursuant to subdivision (c) of Section 39661, the state board shall prepare a hearing notice and a proposed regulation which shall include the proposed determination as to whether a substance is a toxic air contaminant. (b) After conducting a public hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state board shall list, by regulation, substances determined to be toxic air contaminants. (c) If a substance is determined to be a toxic air contaminant, the regulation shall specify a threshold exposure level, if any, below which no significant adverse health effects are anticipated, and an ample margin of safety which accounts for the factors described in subdivision (c) of Section 39660. (d) In evaluating the nature of the adverse health effect and the range of risk to humans from exposure to a substance, the state board shall utilize scientific criteria which are protective of public health, consistent with current scientific data. (e) Any person may petition the state board to review a determination made pursuant to this section. The petition shall specify the additional scientific evidence regarding the health effects of a substance which was not available at the time the original determination was made and any other evidence which would justify a revised determination. (Amended by Stats. 1992, Ch. 1161, Sec. 6. Effective January 1, 1993.)
  58. 39664.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The State Department of Health Services must conduct an epidemiological study of possible long-term health effects from aerial pesticide application in urban areas.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 3. Identification of Toxic Air Contaminants [39660 - 39664] ( Article 3 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39664. The State Department of Health Services shall conduct an epidemiological study, over a period of up to 10 years, of possible long-term health effects related to the aerial application of pesticides in urban areas, including, but not limited to, cancer, birth defects, and respiratory illnesses. (Added by Stats. 1990, Ch. 1678, Sec. 6.)
  59. 39665.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board’s executive officer must prepare a report on regulation of each toxic air contaminant, and the report materials must be available for public review and comment at least 45 days before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39665. (a) Following adoption of the determinations pursuant to Section 39662, the executive officer of the state board shall, with the participation of the districts, and in consultation with affected sources and the interested public, prepare a report on the need and appropriate degree of regulation for each substance which the state board has determined to be a toxic air contaminant. (b) The report shall address all of the following issues, to the extent data can reasonably be made available: (1) The rate and extent of present and anticipated future emissions, the estimated levels of human exposure, and the risks associated with those levels. (2) The stability, persistence, transformation products, dispersion potential, and other physical and chemical characteristics of the substance when present in the ambient air. (3) The categories, numbers, and relative contribution of present or anticipated sources of the substance, including mobile, industrial, agricultural, and natural sources. (4) The availability and technological feasibility of airborne toxic control measures to reduce or eliminate emissions, the anticipated effect of airborne toxic control measures on levels of exposure, and the degree to which proposed airborne toxic control measures are compatible with, or applicable to, recent technological improvements or other actions which emitting sources have implemented or taken in the recent past to reduce emissions. (5) The approximate cost of each airborne toxic control measure, the magnitude of risks posed by the substances as reflected by the amount of emissions from the source or category of sources, and the reduction in risk which can be attributed to each airborne toxic control measure. (6) The availability, suitability, and relative efficacy of substitute compounds of a less hazardous nature. (7) The potential adverse health, safety, or environmental impacts that may occur as a result of implementation of an airborne toxic control measure. (8) The basis for the finding required by paragraph (3) of subdivision (b) of Section 39658, if applicable. (c) The staff report, and relevant comments received during consultation with the districts, affected sources, and the public, shall be made available for public review and comment at least 45 days prior to the public hearing required by Section 39666. (Amended by Stats. 1992, Ch. 1161, Sec. 7. Effective January 1, 1993.)
  60. 39666.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board must adopt airborne toxic control measures, and districts must implement and enforce them on schedule.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39666. (a) Following a noticed public hearing, the state board shall adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. (b) For toxic air contaminants for which the state board has determined, pursuant to Section 39662, that there is a threshold exposure level below which no significant adverse health effects are anticipated, the airborne toxic control measure shall be designed, in consideration of the factors specified in subdivision (b) of Section 39665, to reduce emissions sufficiently so that the source will not result in, or contribute to, ambient levels at or in excess of the level which may cause or contribute to adverse health effects as that level is estimated pursuant to subdivision (c) of Section 39660. (c) For toxic air contaminants for which the state board has not specified a threshold exposure level pursuant to Section 39662, the airborne toxic control measure shall be designed, in consideration of the factors specified in subdivision (b) of Section 39665, to reduce emissions to the lowest level achievable through application of best available control technology or a more effective control method, unless the state board or a district board determines, based on an assessment of risk, that an alternative level of emission reduction is adequate or necessary to prevent an endangerment of public health. (d) Not later than 120 days after the adoption or implementation by the state board of an airborne toxic control measure pursuant to this section or Section 39658, the districts shall implement and enforce the airborne toxic control measure or shall propose regulations enacting airborne toxic control measures on nonvehicular sources within their jurisdiction which meet the requirements of subdivisions (b), (c), and (e), except that a district may, at its option, and after considering the factors specified in subdivision (b) of Section 39665, adopt and enforce equally effective or more stringent airborne toxic control measures than the airborne toxic control measures adopted by the state board. A district shall adopt rules and regulations implementing airborne toxic control measures on nonvehicular sources within its jurisdiction in conformance with subdivisions (b), (c), and (e), not later than six months following the adoption of airborne toxic control measures by the state board. (e) District new source review rules and regulations shall require new or modified sources to control emissions of toxic air contaminants consistent with subdivisions (b), (c), and (d) and Article 2.5 (commencing with Section 39656). (f) Where an airborne toxic control measure requires the use of a specified method or methods to reduce, avoid, or eliminate the emissions of a toxic air contaminant, a source may submit to the district an alternative method or methods that will achieve an equal or greater amount of reduction in emissions of, and risk associated with, that toxic air contaminant. The district shall approve the proposed alternative method or methods if the operator of the source demonstrates that the method is, or the methods are, enforceable, that equal or greater amounts of reduction in emissions and risk will be achieved, and that the reductions will be achieved within the time period required by the applicable airborne toxic control measure. The district shall revoke approval of the alternative method or methods if the source fails to adequately implement the approved alternative method or methods or if subsequent monitoring demonstrates that the alternative method or methods do not reduce emissions and risk as required. The district shall notify the state board of any action it proposes to take pursuant to this subdivision. This subdivision is operative only to the extent it is consistent with the federal act. (Amended by Stats. 1992, Ch. 1161, Sec. 8. Effective January 1, 1993.)
  61. 39667.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board must consider revising vehicle emission standards and fuel-content regulations to reduce public exposure to toxic air contaminants as much as possible.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39667. Based on its determinations pursuant to Section 39662, the state board shall consider the adoption of revisions in the emission standards for vehicular sources and regulations specifying the content of motor vehicle fuel, to achieve the maximum possible reduction in public exposure to toxic air contaminants. Except for regulations affecting new motor vehicles which shall be based upon the most advanced technology feasible for the model year, regulations developed pursuant to this section shall be based on the utilization of the best available control technologies or more effective control methods, unless the state board determines, based on an assessment of risk, that an alternative level of emission reduction is adequate or necessary to prevent an endangerment of public health. Those regulations may include, but are not limited to, the modification, removal, or substitution of vehicle fuel, vehicle fuel components, or fuel additives, or the required installation of vehicular control measures on new motor vehicles. (Amended by Stats. 1996, Ch. 736, Sec. 3. Effective January 1, 1997.)
  62. 39668.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The state board must prepare a report on toxic air contaminant monitoring options, hold at least one public workshop, develop guidelines for supplemental monitoring networks if appropriate and feasible, and request matching funds in its annual budget.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39668. (a) The state board shall, on or before January 1, 1989, prepare a written report on the availability and effectiveness of toxic air contaminant monitoring options in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Department of Food and Agriculture, and the State Department of Health Services. In preparing the report, the state board shall conduct at least one public workshop. The report shall include, but not be limited to, all of the following: (1) An evaluation of existing toxic air contaminant monitoring capacity and assessment capabilities within the state, including, but not limited to, existing monitoring stations and equipment of the state board and of the districts. (2) An analysis of the available options for monitoring and assessing current levels of exposure to identified and all potential toxic air contaminants in urban areas of the state, taking into consideration the technical feasibility and costs of these monitoring options. The report shall evaluate the extent to which the establishment of additional monitoring capacity is appropriate and feasible to facilitate the identification and control of toxic air contaminants. (3) A list of all substances or classes of substances addressed by the state board pursuant to paragraph (2), including, but not limited to, a discussion of the appropriateness and availability of monitoring for those substances or classes of substances. (4) An analysis of the feasibility and costs of establishing an indoor toxic air contaminant monitoring program to facilitate the implementation of Section 39660.5. (b) Based on the findings in the report prepared pursuant to subdivision (a), the state board shall develop, by July 1, 1989, in conjunction with the districts, guidelines for establishing supplemental toxic air contaminant monitoring networks to be implemented by the districts. The board shall develop the guidelines only to the extent that it determines, pursuant to paragraph (2) of subdivision (a), that establishing additional monitoring capacity is appropriate and feasible. (c) The guidelines established pursuant to subdivision (b) shall include a priority list for establishing and implementing the supplemental toxic air contaminant monitoring networks. The state board shall give priority to that supplemental monitoring capacity it determines to be most needed to identify and control toxic air contaminants. The state board shall allocate to districts, in the priority order included in the guidelines, state funds provided in subdivision (b) of Section 3 of the act adding this section and in subsequent Budget Acts for establishing and implementing the supplemental toxic air contaminant monitoring networks. The state board shall allocate state funds to the districts, upon appropriation by the Legislature, on a 50 percent matching basis, and shall not provide state funds for the supplemental toxic air contaminant monitoring program established by Section 40715 to any district in excess of district funds allocated by the district in establishing and implementing the supplemental monitoring networks created pursuant to Section 40715. (d) The state board shall request in its annual budget sufficient state funds, in addition to those provided in subdivision (b) of Section 3 of the act adding this section, to match, on a 50 percent basis, those district funds allocated by the districts for establishing and implementing the supplemental monitoring program specified in the guidelines adopted pursuant to subdivision (b). (Added by Stats. 1987, Ch. 1219, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  63. 39669.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    This section says the chapter does not limit the state board’s or a district’s authority to implement and enforce certain airborne toxic control measures adopted before January 1, 1993.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4. Control of Toxic Air Contaminants [39665 - 39669] ( Article 4 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39669. Nothing in this chapter is a limitation on the authority of the state board or a district to implement and enforce an airborne toxic control measure adopted prior to January 1, 1993. (Added by Stats. 1992, Ch. 1161, Sec. 9. Effective January 1, 1993.)
  64. 39669.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4.5. Special Provisions For Infants And Children [39669.5- 39669.5.] ( Article 4.5 added by Stats. 1999, Ch. 731, Sec. 6. )

    Verify source ↗

    This section requires the office, the scientific review panel, and the state board to evaluate toxic air contaminants, update lists, and adopt or revise control measures on set timelines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 4.5. Special Provisions For Infants And Children [39669.5- 39669.5.] ( Article 4.5 added by Stats. 1999, Ch. 731, Sec. 6. ) ## 39669.5. The Legislature finds and declares that certain toxic air contaminants may pose risks that cause infants and children to be especially susceptible to illness and that certain actions are necessary to ensure their safety from toxic air contaminants. (a) By July 1, 2001, the following shall occur: (1) The office, in consultation with the state board, shall establish a list of up to five toxic air contaminants identified or designated by the state board pursuant to Section 39657 that may cause infants and children to be especially susceptible to illness. In developing the list, the office shall take into account public exposures to toxic air contaminants, whether by themselves or interacting with other toxic air contaminants or criteria pollutants, and the factors listed in subdivision (c) of Section 39660. The office shall submit a report containing the list and its reasons for including the toxic air contaminants on the list to the Scientific Review Panel on Toxic Air Contaminants established pursuant to Article 5 (commencing with Section 39670). (2) The scientific review panel, in a manner consistent with this chapter, shall review the list of toxic air contaminants submitted by the office pursuant to paragraph (1). As part of the review, any person may submit any information for consideration by the panel, which may receive oral testimony. (b) (1) Within two years of the establishment of the list required pursuant to subdivision (a), the state board shall review and, as appropriate, revise any control measures adopted for the toxic air contaminants identified on the list, to reduce exposure to those toxic air contaminants pursuant to Article 4 (commencing with Section 39665), to protect public health, and particularly infants and children. (2) Within three years of the establishment of the list required pursuant to subdivision (a), for up to five of those toxic air contaminants for which no control measures have been previously adopted, the state board shall prepare a report on the need for regulations, following the procedure specified in Section 39665. The state board shall adopt within that same three-year timeframe, as appropriate, any new control measures to reduce exposure to those toxic air contaminants pursuant to Article 4 (commencing with Section 39665), to protect public health, particularly infants and children. (c) Beginning July 1, 2004, the office shall annually evaluate at least 15 toxic air contaminants identified or designated by the state board pursuant to Section 39657, and provide threshold exposure levels and nonthreshold health values, as appropriate, for those toxic air contaminants. The activities required pursuant to this subdivision shall continue until all toxic air contaminants are evaluated. The levels shall be established pursuant to the procedures adopted for health and risk assessments pursuant to paragraph (2) of subdivision (b) of Section 44360, and taking into account the factors listed in subdivision (c) of Section 39660. Based on this evaluation, and after review by the scientific review panel as prescribed in paragraph (2) of subdivision (a), the office shall update the list established pursuant to subdivision (a), by July 1, 2005, and each year thereafter. Within three years of the initial or subsequent listing update, for up to five of the toxic air contaminants contained on that list for which no control measures have been previously adopted, or for at least five of the toxic air contaminants if more than five toxic air contaminants have been identified, the state board shall prepare a report on the need for regulation, following the procedure specified in Section 39665. The state board shall adopt within that three-year timeframe, as appropriate, new control measures, pursuant to Article 4 (commencing with Section 39665), to reduce exposure to those toxic air contaminants, to protect public health, and particularly infants and children. (d) Toxic air contaminants evaluated and listed pursuant to this section shall not include substances in those uses that are not subject to regulation by the state board pursuant to this chapter. (Added by Stats. 1999, Ch. 731, Sec. 6. Effective January 1, 2000.)
  65. 39670.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 5. Scientific Review Panel [39670 - 39671] ( Article 5 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    A nine-member scientific review panel must be appointed to advise state agencies on toxic air contaminant health effects, with specific appointment, qualification, disclosure, pay, and support rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 5. Scientific Review Panel [39670 - 39671] ( Article 5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39670. (a) A nine-member Scientific Review Panel on Toxic Air Contaminants shall be appointed to advise the state board and the Department of Pesticide Regulation in their evaluation of the health effects toxicity of substances pursuant to Article 3 (commencing with Section 39660) of this chapter and Article 1.5 (commencing with Section 14021) of Chapter 3 of Division 7 of the Food and Agricultural Code. (b) The members of the panel shall be highly qualified and professionally active or engaged in the conduct of scientific research, and shall be appointed as follows, subject to Section 39671, for a term of three years: (1) Five members shall be appointed by the Secretary for Environmental Protection, one of whom shall be qualified as a pathologist, one of whom shall be qualified as an oncologist, one of whom shall be qualified as an epidemiologist, one of whom shall be qualified as an atmospheric scientist, and one of whom shall have relevant scientific experience and shall be experienced in the operation of scientific review or advisory bodies. (2) Two members shall be appointed by the Senate Committee on Rules, one of whom shall be qualified as a biostatistician and one of whom shall be a physician or scientist specializing in occupational medicine. (3) Two members shall be appointed by the Speaker of the Assembly, one of whom shall be qualified as a toxicologist and one of whom shall be qualified as a biochemist or molecular biologist. (4) Members of the panel shall be appointed from a pool of nominees submitted to each appointing body by the President of the University of California. The pool shall include, at a minimum, three nominees for each discipline represented on the panel, and shall include only individuals who hold, or have held, academic or equivalent appointments at universities and their affiliates in California. (c) The Secretary for Environmental Protection shall appoint a member of the panel to serve as chairperson. (d) The panel may utilize special consultants or establish ad hoc committees, which may include other scientists, to assist it in performing its functions. (e) Members of the panel, and any ad hoc committee established by the panel, shall submit annually a financial disclosure statement that includes a listing of income received within the preceding three years, including investments, grants, and consulting fees derived from individuals or businesses which might be affected by regulatory actions undertaken by the state board or districts pursuant to this chapter. The financial disclosure statements submitted pursuant to this subdivision are public information. Members of the panel shall be subject to the disqualification requirements of Section 87100 of the Government Code. (f) Members of the panel shall receive one hundred dollars ($100) per day for attending panel meetings and meetings of the state board, or upon authorization of the chairperson of the state board while on official business of the panel, and shall be reimbursed for actual and necessary travel expenses incurred in the performance of their duties. (g) The state board and the office, and, in the case of economic poisons, the Department of Pesticide Regulation, shall provide sufficient resources for support of the panel, including technical, administrative, and clerical support, which shall include, but not be limited to, office facilities and staff sufficient for the maintenance of files, scheduling of meetings, arrangement of travel accommodations, and preparation of panel findings, as required by subdivision (b) of Section 39661. (Amended by Stats. 1992, Ch. 1161, Sec. 10. Effective January 1, 1993.)
  66. 39671.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 5. Scientific Review Panel [39670 - 39671] ( Article 5 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    The terms of certain Scientific Review Panel members must be staggered so that three members’ terms expire each year.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 5. Scientific Review Panel [39670 - 39671] ( Article 5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39671. The terms of the members of the Scientific Review Panel on Toxic Air Contaminants appointed pursuant to subdivision (b) of Section 39670 shall be staggered so that the terms of three members expire each year. (Amended by Stats. 2000, Ch. 890, Sec. 8. Effective January 1, 2001.)
  67. 39674.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 6. Penalties [39674 - 39675] ( Article 6 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    This section sets civil penalties for violations of specified air quality rules and related requirements, with a higher daily penalty for certain listed violations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 6. Penalties [39674 - 39675] ( Article 6 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39674. (a) Except as otherwise provided in subdivision (b), any person who violates any rule or regulation, emission limitation, or permit condition adopted pursuant to Section 39659 or Article 4 (commencing with Section 39665) or which is implemented and enforced as authorized by subdivision (b) of Section 39658 is strictly liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day in which the violation occurs. (b) (1) Any person who violates any rule or regulation, emission limitation, permit condition, order fee requirement, filing requirement, duty to allow or carry out inspection or monitoring activities, or duty to allow entry for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412( l)) or the regulations adopted pursuant thereto, adopted pursuant to Section 39659 or Article 4 (commencing with Section 39665) or which is implemented and enforced as authorized by subdivision (b) of Section 39658 is strictly liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs. (2) Where a civil penalty in excess of one thousand dollars ($1,000) for each day of violation is sought, there is no liability under paragraph (1) if the person accused of the violation alleges by affirmative defense and establishes that the violation is caused by an act which was not the result of intentional or negligent conduct. In a district in which a Title V permit program has been fully approved, this paragraph shall not apply to a violation of federally enforceable requirements that occur at a Title V source. (3) Paragraph (2) shall not apply to a violation of a toxic air contaminant rule, regulation, permit, order, fee requirement, filing requirement, duty to allow or carry out inspection or monitoring activities, or duty to allow entry for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto. (Amended by Stats. 1994, Ch. 727, Sec. 1. Effective January 1, 1995.)
  68. 39675.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 6. Penalties [39674 - 39675] ( Article 6 added by Stats. 1983, Ch. 1047, Sec. 1. )

    Verify source ↗

    This section says certain penalty sections apply to violations of specified toxic air contaminant regulations and orders.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.5. Toxic Air Contaminants [39650 - 39675] ( Chapter 3.5 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## ARTICLE 6. Penalties [39674 - 39675] ( Article 6 added by Stats. 1983, Ch. 1047, Sec. 1. ) ## 39675. (a) Sections 42400, 42400.1, 42400.2, and 42402.2 apply to violations of regulations or orders adopted pursuant to Section 39659 or Article 4 (commencing with Section 39665) or that are implemented and enforced as authorized by subdivision (b) of Section 39658. (b) The adoption of this section does not constitute a change in, but is declaratory of, existing law. (Amended by Stats. 2000, Ch. 805, Sec. 2. Effective January 1, 2001.)
  69. 39680.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    This section explains why the Legislature wants labor standards tied to clean-air incentive programs and workforce benefits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39680. (a) The Legislature finds and declares all of the following: (1) (A) California has established itself as a leader in national and international energy conservation and environmental stewardship. (B) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) charges the state board as the lead agency to monitor and regulate sources of emissions of greenhouse gases. That act has set a goal of reducing greenhouse gas emissions to 40 percent below the 1990 level by 2030. That act also authorizes the state board to develop market-based mechanisms, including the cap-and-trade system, which generates revenue for the Greenhouse Gas Reduction Fund, and other transactional mechanisms. (C) The state board, when expending moneys from the Greenhouse Gas Reduction Fund, is required to maximize economic and environmental cobenefits, including job-related cobenefits, as California builds a low-carbon economy. (D) However, the charge to seek job-related benefits is not required within any timeframe, nor is there any legislative guidance with respect to specific standards or implementation mechanisms. (E) While the charge to develop job-related cobenefits is explicit for the Greenhouse Gas Reduction Fund, it is implied rather than explicit for other clean air funds that the state board administers. (2) To clarify the need for job-related cobenefits, Chapter 135 of the Statutes of 2017 required the California Workforce Development Board, in consultation with the state board, to submit a report to the Legislature. The California Workforce Development Board commissioned the Center for Labor Research and Education at the University of California, Berkeley, to prepare the report. Published in June 2020, the report is entitled, Putting California on the High Road: A Jobs and Climate Action Plan for 2030 (2020 Action Plan). (3) A study by the University of California shows that fleet purchasers have a significant disparity of compliance with clean vehicle regulations. While 83 percent of large firms that employ drivers comply, only 61 percent of contractors comply. Noncompliant trucks operated by contractors represent 44 percent of all noncompliant trucks, a significantly greater share than their share of all operating trucks. The study finds that many of the noncompliant contractors are actually misclassified employees who do not have the financial resources to comply with clean-vehicle regulations. Many companies take advantage of the fleet purchaser incentives but then pass on the cost of vehicles, maintenance, and upkeep to misclassified drivers who do not have the funds or ability to maintain those vehicles at a level that maximizes their environmental benefits. For example, in drayage, an investigation by USA Today found that “port trucking companies in Southern California have spent the past decade forcing drivers to finance their own trucks by taking on debt they could not afford.” Drivers at dozens of companies “were handed a lease-to-own contract by their employer and given a choice: Sign immediately or be fired.” Such sublease arrangements directly impede the state’s ability to advance its environmental stewardship. Many contractors have later filed for bankruptcy, nullifying the benefit from the state’s climate investments. (4) The 2020 Action Plan creates a “high road framework” based on demand-side strategies and supply-side strategies. The Action Plan does all of the following: (A) Stresses that “[d]emand-side strategies affect the demand for labor, including the kinds of jobs that are generated, the skills that are needed, the wages and benefits employers provide, and who employers hire.” (B) Emphasizes the importance of market participation through incentive programs: “[a]gencies responsible for implementing climate investments and other measures play a key role here because they direct public investment and influence private investments in lower carbon economic activity.” (C) Proposes workforce standards that in general terms do all of the following: (i) Create high-quality jobs. (ii) Prepare workers with the skills needed to adapt to and master new zero- and low-emission technologies. (iii) Broaden career opportunities for workers from disadvantaged communities. (iv) Support workers whose jobs may be at risk. (D) Identifies industry sectors that pose challenges to attaining clean air objectives and opportunities to incentivize development of high-road jobs and working conditions. Among these are vehicle manufacturing and trucking, both of which the plan faults as high-risk subsectors for labor abuses, such as misclassification, unpaid wages, and denial of unemployment benefits, workers’ compensation, or disability benefits. (b) In enacting this chapter, it is the intent of the Legislature to do all of the following: (1) Implement the 2020 Action Plan’s high-road recommendations that would apply to crucial windows for high-road job development and working conditions. For the trucking industry, the window is a longer span of years immediately after a fleet purchaser receives the incentive when the vehicle is placed in service. (2) Use market participation to increase demand for clean air vehicles through incentive programs to attain equity goals for jobs in disadvantaged communities and reward companies that respect worker rights. In so doing, the Legislature will require the state board to develop labor standards to determine eligibility for programs that provide clean air incentives for fleet purchasers of new vehicles that operate drayage and short-haul trucking in California. (3) Maximize the environmental benefits of its investments by ensuring that recipients of fleet purchaser subsidies operate the equipment in compliance with all state laws rather than taking advantage of state incentives and then selling or otherwise transferring the equipment in question. (4) Clarify that the state board’s authority to maximize job-related cobenefits applies to all of the incentive funds and programs that it administers. (5) Expand upon the state board’s current approach of using multiyear incentive contracts to clearly set the conditions for attaining the state’s clean air objectives with workforce cobenefits. Relevant conditions already in place for heavy-duty trucks include compliance with state law and contract terms for multiyear ownership and control of the equipment. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  70. 39681.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    This section says the chapter establishes labor standards as a cobenefit of incentive programs for buying new drayage and short-haul trucks based on clean air standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39681. This chapter establishes labor standards as a cobenefit of incentive programs for the purchase of new drayage and short-haul trucks that are based on clean air standards. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  71. 39682.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    This section defines key terms used in the chapter and lets the state board adopt guidance to interpret fleet operations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39682. For purposes of this chapter, the following definitions apply: (a) “Administering agency” means an agency administering an incentive program subject to this chapter. (b) “Applicable law” means California laws within the Labor and Workforce Development Agency’s jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers’ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code. (c) “Applicable law violation” means a violation that has a final determination, order, judgment, or award issued against a fleet purchaser of vehicles for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made. (d) “Clean air standards” include the standards that the state board sets to reduce air pollution or reduce emissions of greenhouse gases pursuant to this division or Division 25.5 (commencing with Section 38500). (e) “Fleet operations” include, but are not limited to, port drayage service and short-haul transport of goods. The state board may adopt guidance to interpret the scope of these operations to conform with law. (f) “Incentive” includes a grant, loan, voucher, or other incentive, regardless of the source of revenue that funds the incentive, for the purchase of new drayage and short-haul trucks, except for revenue subject to provisions that supersede this chapter, including, but not limited to, revenues from settlement agreements, court orders, and consent decrees. (g) “Short-haul trucking service” means movement of goods by truck within a 150-air-mile radius of the normal working reporting location while in service within the state. (h) “Rental or leasing entity” means an entity in the trade or business of renting or leasing, as described in subdivision (a) of Section 10103 of the Commercial Code, vehicles to other persons who are renters or lessees for use or operation by renters or lessees. “Rental or leasing entity” does not include an entity whose primary purpose is to rent or lease vehicles to an affiliated motor carrier, including a parent company or subsidiary. (Amended by Stats. 2022, Ch. 213, Sec. 1. (AB 2737) Effective January 1, 2023.)
  72. 39683.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    The state board may delay or suspend infeasible chapter requirements if there are implementation constraints, but must reevaluate feasibility and notify the Legislature by January 1, 2023 when Article 2 cannot be applied to an incentive program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39683. (a) As part of implementing this chapter, if the state board determines there are constraints to applying the requirements to each incentive program that is subject to this chapter, the state board may delay or suspend the implementation of the requirements of this chapter that are not feasible and shall reevaluate the feasibility of implementing those requirements. (b) In determining whether there are any constraints to implementation, the state board may consider consistency with the statutory goals of the incentive program to reduce air pollution or emissions of greenhouse gases. (c) If the state board determines that there are constraints preventing the application of the requirements of Article 2 (commencing with Section 39690) to an incentive program, the state board shall notify the Legislature, on or before January 1, 2023, with a written report, submitted in accordance with Section 9795 of the Government Code, of findings and constraints, and possible remedies that would eliminate the constraints in question. (d) Except as otherwise provided in this section, the state board or administering agency shall implement the requirements of this chapter beginning with the 2022–23 fiscal year and each fiscal year thereafter. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  73. 39684.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    Beginning with fiscal year 2022–23, this chapter applies to certain incentive programs that support buying new drayage and short-haul trucks and receive state-board funding or administration.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39684. Beginning with the 2022–23 fiscal year, and each fiscal year thereafter, this chapter applies to incentive programs that support the purchase of new drayage and short-haul trucks and that receive funding from, or are administered by, the state board, as applicable, including all of the following: (a) An incentive program funded by any of the following funds: (1) The Greenhouse Gas Reduction Fund. (2) The Air Quality Improvement Fund. (3) The Carl Moyer Memorial Air Standards Attainment Trust Fund. (4) The Air Pollution Control Fund. (b) An incentive program funded wholly or partially by the state board, including, but not limited to, all of the following: (1) The Truck Loan Assistance Program under subdivision (c) of Section 44274. (2) A local or regional incentive program. (3) A public-private partnership. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  74. 39685.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    This section sets baseline and job quality standards for certain new drayage and short-haul truck purchases, and links them to eligibility for incentive programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39685. This chapter establishes baseline standards, job quality standards, and a structure for eligibility to participate in incentive programs for the purchase of new drayage or short-haul trucks. This chapter applies the standards to fleet purchasers of new vehicles for drayage and short-haul trucking services within the state. The standards do not apply to other fleet purchases for operations outside of this scope. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  75. 39686.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    The state board may evaluate allegations about Article 2 violations and must create a website showing certain public information from incentivized fleet purchasers. It must not redisclose certain unemployment-insurance information.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39686. (a) The state board may evaluate an allegation regarding a violation of the standards set forth in Article 2 (commencing with Section 39690). (b) The state board shall develop an internet website that displays public information from fleet purchasers that receive an incentive subject to this chapter regarding their disclosures and attestations required pursuant to Section 39690. Information disclosed pursuant to subdivision (aq) of Section 1095 of the Unemployment Insurance Code to the state board shall not be redisclosed on the state board’s internet website or otherwise be disclosed to the public, consistent with federal laws and regulations. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  76. 39687.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    The state board or administering agency must require incentive recipients among fleet purchasers to sign contracts tying the incentive to compliance with this chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39687. (a) The state board or the administering agency shall require that fleet purchasers receiving an incentive sign contracts conditioning any incentive received on compliance with this chapter. (b) The contract entered into pursuant to subdivision (a) shall state a timeframe for fleet purchasers’ compliance with standards under this chapter, that includes the application process and a multiyear period after receiving the incentive of at least three years or the duration of the loan, grant, or incentive received, whichever is longer. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  77. 39688.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    If a fleet purchaser violates the referenced standards or disclosure rules, it breaches the contract and must repay the incentive tied to the period of noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39688. (a) If, at any point during the term of the contract entered into pursuant to Section 39687, an administering agency or the state board finds that a fleet purchaser that received an incentive was in violation of the standards set forth in Article 2 (commencing with Section 39690) during any portion of the term of the contract entered into pursuant to Section 39687, or that the fleet purchaser failed to make correct and accurate disclosures required under Section 39690, the fleet purchaser is in breach of the contract and shall be liable for the repayment of any incentive for which the contract entered into under Section 39687 was still in effect during the time period that the fleet purchaser was out of compliance. The time period shall include the claim period of any judgment issued against the fleet purchaser for an applicable law violation, along with any other period identified by the administering agency or the state board. (b) The contract remedies specified in this section shall also bind the fleet purchaser’s successors or assignees. The state board or the agency administering the incentive program may require that a successor or assignee repay any incentives received by fleet purchasers. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  78. 39689.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    This chapter is severable: if one provision or its application is invalid, the rest can still stand if it can work without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 1. General Provisions and Definitions [39680 - 39689] ( Article 1 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39689. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  79. 39690.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    Fleet purchasers of new drayage and short-haul trucks may join the incentive program only if they meet specified compliance conditions and make written attestations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39690. (a) Beginning with the 2022–23 fiscal year, and each fiscal year thereafter, a fleet purchaser of new drayage and short-haul trucks is eligible to participate in an incentive program subject to this chapter if it can demonstrate that it does not have any applicable law violation at the time of applying for the incentive, is not on the list maintained by the Division of Labor Standards Enforcement under Section 2810.4 of the Labor Code, and attests it will retain direct control over the manner and means for performance of any individual using or driving the vehicle. (b) In order to comply with subdivision (a), a fleet purchaser shall attest in writing to all of the following: (1) That it does not have any applicable law violations at the time of applying for the incentive. (2) That it will maintain compliance with applicable laws for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer. (3) That it will retain direct control over the manner and means for performance of any individual using or driving the vehicle for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer. (c) A fleet purchaser that receives an incentive as a grant, loan, or other form of agreement shall, on a yearly basis, for the life of the contract entered into pursuant to Section 39687, disclose or provide to the state board all of the following: (1) An attestation in writing that it has done both of the following: (A) Maintained compliance with applicable laws and does not have any applicable law violations. (B) Maintained direct control of the individuals operating the vehicle, and maintained full ownership and operational control of the vehicle. (2) A copy of any judgments, rulings, citations, decisions, orders, or awards finding that the fleet purchaser or any parent company or subsidiary or other commonly controlled entity has applicable law violations as of the date of the disclosure made pursuant to this subdivision. (3) A list of all operating authorities under which the vehicle purchased will be or was operated. (4) A certification that the fleet purchaser has completed all required maintenance and upkeep on the vehicle purchased with the incentive. (d) A fleet purchaser that is on the list maintained by the Division of Labor Standards Enforcement under Section 2810.4 of the Labor Code is not eligible to participate in an incentive program subject to this chapter. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  80. 39691.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    A third party may report a suspected Section 39690 violation to the state board, but must first provide supporting documentation. The state board must work with relevant agencies to evaluate the report and keep related attestations and disclosures for the full ownership period required by the incentive contract.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39691. (a) A third party may report to the state board that a purchaser or entity operating a drayage truck has failed to provide a truthful attestation as required by Section 39690 or has failed to maintain compliance with the applicable laws required for the time period specified in Section 39690. The third party shall provide documentation to substantiate their allegation before the state board considers it. The state board shall collaborate with relevant agencies to evaluate the report. (b) The state board shall retain attestations and disclosures made pursuant to Section 39690 for the full ownership period required by the incentive contract. (Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
  81. 39692.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    A fleet purchaser is in breach of the relevant contract and out of compliance with this section if it uses an incentivized vehicle in its operations during the contract term and does not have full ownership and operational control of that vehicle.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39692. A fleet purchaser shall be in breach of any contract entered into pursuant to Section 39687 that is in effect and shall be out of compliance with this section if, during the term of the contract, the fleet purchaser uses a vehicle in its operations for which it has previously received an incentive and the vehicle is not under the full ownership and operational control of the fleet purchaser. (Amended by Stats. 2022, Ch. 28, Sec. 96. (SB 1380) Effective January 1, 2023.)
  82. 39693.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. )

    Verify source ↗

    This section says certain lessees must follow fleet-purchaser requirements, rental or leasing entities must notify longer-term lessees, and violations can trigger penalties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3.6. Labor Standards [39680 - 39693] ( Chapter 3.6 added by Stats. 2021, Ch. 748, Sec. 4. ) ## ARTICLE 2. Fleet Purchaser Labor Standards [39690 - 39693] ( Article 2 added by Stats. 2021, Ch. 748, Sec. 4. ) ## 39693. (a) For purposes of this chapter, a fleet purchaser excludes a rental or leasing entity. (b) A lessee of a vehicle that was purchased using an incentive subject to this chapter shall comply with the requirements applicable to a fleet purchaser pursuant to Section 39690. (c) A rental or leasing entity that purchases vehicles for use in fleet operations using an incentive program subject to this chapter shall notify lessees of these vehicles with lease terms of greater than one year that the lessee is required to comply with the requirements applicable to fleet purchasers pursuant to Section 39690. (d) An agreement to lease a vehicle purchased using an incentive subject to this chapter is equivalent to the attestations described in subdivisions (a) and (b) of Section 39690. (e) A lessee of a vehicle that was purchased using an incentive subject to this chapter shall, for the life of the lease, comply with requirements applicable to a fleet purchaser pursuant to subdivision (c) of Section 39690 and shall provide to the state board all information and disclosures required by that section. (f) If the state board determines, upon investigation, that a fleet purchaser and rental or leasing entity entered into a rental agreement of less than one year for the express purpose of circumventing this chapter, the fleet purchaser and rental or leasing entity are subject to penalties as described in subdivision (a) of Section 39688. (g) (1) A lessee of a vehicle that was purchased using an incentive subject to this chapter is in violation of this chapter if, at any time during the term of the operative lease, any of the following apply to the lessee: (A) The lessee has been in violation of any applicable law. (B) The lessee appears on the list maintained by the Division of Labor Standards Enforcement pursuant to Section 2810.4 of the Labor Code. (C) The lessee fails to retain direct control over the manner and means for performance of any individual using or driving the vehicle. (D) The lessee fails to make accurate and truthful attestations as required under Section 39690 and this section. (2) A lessee who is in violation of this chapter is subject to a civil penalty in the amount of any incentive received by the rental or leasing entity related to the vehicle leased, prorated to the term of that lease. (Added by Stats. 2022, Ch. 213, Sec. 2. (AB 2737) Effective January 1, 2023.)
  83. 39700.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Legislature declares that an effective research program is an integral part of a broad statewide effort to combat air pollution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39700. The Legislature hereby declares that an effective research program is an integral part of any broad-based statewide effort to combat air pollution. (Added by Stats. 1975, Ch. 957.)
  84. 39701.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must coordinate and collect research data on air pollution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39701. The state board shall coordinate and collect research data on air pollution, including, but not limited to, all of the following: (a) Research relating to specific problems in the following areas: (1) Motor vehicle emissions control, including alternative propulsion systems, cleaner burning fuels, and improved motor vehicle pollution control devices. (2) Control of nonvehicular emissions. (3) Control of specific contaminants to meet ambient air quality standards. (4) Atmospheric chemistry and physics. (5) Effects of air pollution on human health and comfort, plants and animals, and reduction in visibility. (6) Instrumentation development. (7) Economic and ecological analysis. (8) Mathematical model development. (9) Trends in atmospheric quality throughout the state. (10) Alternatives to agricultural burning. (b) The consequences of various alternative solutions to specific air pollution problems. (c) The identification of knowledge gaps. (Added by Stats. 1975, Ch. 957.)
  85. 39702.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must report to the Legislature when it thinks it is necessary to provide information about air quality management problems.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39702. The state board shall report to the Legislature whenever it deems necessary to provide information on problems relating to air quality management. (Added by Stats. 1975, Ch. 957.)
  86. 39703.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must administer and coordinate state-funded air pollution research and has related powers to manage research objectives, proposals, contracts, procedures, and educational information.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39703. The state board shall administer and coordinate all air pollution research funded, in whole or in part, with state funds. In discharging its responsibilities, the state board has all of the following duties and powers: (a) Establish applied research objectives. (b) Receive and review all air pollution research proposals. (c) Recommend the initiation of specific air pollution research projects. (d) Award contracts for air pollution research projects. (e) Establish the administrative and review procedures necessary to carry out this section. (f) Collect, validate, and disseminate educational information relating to air pollution. (Amended by Stats. 1984, Ch. 902, Sec. 2.)
  87. 39704.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    When awarding air pollution research contracts, the state board must consider the University of California and California State University’s research capabilities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39704. In awarding contracts for the conduct of air pollution research, the state board shall consider the capability of the University of California and the California State University to mount a comprehensive program of research to seek solutions to air pollution problems and the ability of those universities through their respective campuses to mobilize a comprehensive research program for this purpose. (Amended by Stats. 2017, Ch. 26, Sec. 69. (SB 92) Effective June 27, 2017.)
  88. 39705.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must appoint a screening committee, and the committee must review air pollution and climate change-related research projects and provide advice and recommendations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39705. (a) The state board shall appoint a screening committee of not to exceed 11 persons, the membership of which may be rotated as determined by the state board. (b) The committee shall consist of physicians, scientists, biologists, chemists, engineers, meteorologists, and other persons who are knowledgeable, technically qualified, and experienced in air pollution problems for which projects are being reviewed. At least two members of the committee shall have demonstrated expertise in the field of climate change. The committee shall review, and give its advice and recommendations with respect to, all air pollution and climate change-related research projects funded by the state and subject to approval by the state board, including both those conducted by the state board and those conducted under contract with the state board. (c) The committee members shall receive one hundred dollars ($100) per day for each day they attend a meeting of the state board or meet to perform their duties under this section. In addition to the compensation, they shall receive their actual and necessary travel expenses incurred while performing their duties. (Amended by Stats. 2008, Ch. 691, Sec. 1. Effective January 1, 2009.)
  89. 39706.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Fees in the Air Pollution Control Fund are continuously appropriated to the state board for specified research and development, and the state board must consult the Solid Waste Management Board before awarding or conducting that research.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Research [39700 - 39706] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## 39706. The fees deposited in the Air Pollution Control Fund pursuant to Section 41853.5 are hereby continuously appropriated to the state board for research and development of a cotton gin trash incinerator heat exchanger or other device for the disposal of solid waste which is produced from the ginning of cotton, consistent with emission standards set by a district board or the state board. The state board shall consult with the Solid Waste Management Board prior to awarding a contract for, or conducting, such research and development. If the state board determines that such a device is available or that further expenditures for such purposes would not contribute meaningfully to their development, the fees shall be utilized in accordance with the provisions of Section 43014. (Added by Stats. 1976, Ch. 1216.)
  90. 39710.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    For this chapter, “fund” means the Greenhouse Gas Reduction Fund created under Government Code Section 16428.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39710. For purposes of this chapter, “fund” means the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (Amended by Stats. 2013, Ch. 76, Sec. 117. (AB 383) Effective January 1, 2014.)
  91. 39711.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The California Environmental Protection Agency must identify disadvantaged communities for investment opportunities and hold at least one public workshop before doing so.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39711. (a) The California Environmental Protection Agency shall identify disadvantaged communities for investment opportunities related to this chapter. These communities shall be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following: (1) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. (2) Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment. (b) The California Environmental Protection Agency shall hold at least one public workshop prior to the identification of disadvantaged communities pursuant to this section. (c) Chapter 3.5 (commencing with Section 11340) of the Part 1 of Division 3 of Title 2 of the Government Code does not apply to the identification of disadvantaged communities pursuant to this section. (Amended by Stats. 2014, Ch. 36, Sec. 5. (SB 862) Effective June 20, 2014.)
  92. 39712.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    This section directs how fund money may be used for greenhouse-gas-reduction purposes and limits state approval of allocations unless specified findings are made.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39712. (a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of Division 25.5 (commencing with Section 38500) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected. (3) An eligible expenditure of moneys appropriated to the Department of Community Services and Development may occur over multiple fiscal years and the department may make multiyear funding commitments over a period of more than one fiscal year. (b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with Division 25.5 (commencing with Section 38500) and, where applicable and to the extent feasible: (1) Maximize economic, environmental, and public health benefits to the state. (2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses. (3) Complement efforts to improve air quality. (4) Direct investment toward the most disadvantaged communities and households in the state. (5) Provide opportunities for businesses, public agencies, Native American tribes in the state, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. (6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment. (c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following: (1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities. (2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation. (3) Funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture. (4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing. (5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse. (6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, Native American tribes in the state, and nonprofit organizations coordinating with local governments. (7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter. (d) Moneys directed to grant, loan, voucher, or other incentive programs shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680), as applicable. (Amended by Stats. 2021, Ch. 748, Sec. 5. (AB 794) Effective January 1, 2022.)
  93. 39712.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The Legislature states an intent to direct specified percentages of fund revenues to individual funds for clean transportation, housing, clean air and water, wildfire prevention and resilience, agriculture, clean energy, and climate-focused innovation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39712.5. It is the further intent of the Legislature to direct specific percentages of the revenues deposited into the fund to be distributed to individual funds dedicated to funding clean transportation, housing and community investment, clean air and water, wildfire prevention and resilience, agriculture, clean energy, and climate-focused innovation, with appropriations from each of those funds to be guided by fund-specific, multiyear spending plans. (Added by Stats. 2025, Ch. 121, Sec. 3. (SB 840) Effective September 19, 2025.)
  94. 39713.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The investment plan must reserve set minimum percentages of fund money for certain community-benefit projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39713. (a) The investment plan developed and submitted to the Legislature pursuant to Section 39716 shall allocate a minimum of 25 percent of the available moneys in the fund to projects located within the boundaries of, and benefiting individuals living in, communities described in Section 39711. (b) The investment plan shall allocate a minimum of 5 percent of the available moneys in the fund to projects that benefit low-income households or to projects located within the boundaries of, and benefiting individuals living in, low-income communities located anywhere in the state. (c) The investment plan shall allocate a minimum of 5 percent of the available moneys in the fund either to projects that benefit low-income households that are outside of, but within one-half mile of, communities described in Section 39711, or to projects located within the boundaries of, and benefiting individuals living in, low-income communities that are outside of, but within one-half mile of, communities described in Section 39711. (d) For purposes of this section, the following definitions shall apply: (1) “Low-income households” are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093. (2) “Low-income communities” are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093. (e) Moneys allocated pursuant to one subdivision of this section do not count toward the minimum requirements of any other subdivision of this section. (Amended by Stats. 2017, Ch. 561, Sec. 121. (AB 1516) Effective January 1, 2018.)
  95. 39715.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The state board must develop funding guidelines with the California Environmental Protection Agency and give the public a chance to comment before finalizing them.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39715. (a) The state board, in consultation with the California Environmental Protection Agency shall develop funding guidelines for administering agencies that receive appropriations from the fund to ensure the requirements of this chapter are met. The guidelines shall include a component for how administering agencies should maximize benefits for disadvantaged communities, as described in Section 39711. (b) The state board shall provide an opportunity for public input prior to finalizing the guidelines. (c) Chapter 3.5 (commencing with Section 11340) of the Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines developed pursuant to this section. (Amended by Stats. 2014, Ch. 36, Sec. 6. (SB 862) Effective June 20, 2014.)
  96. 39716.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The Department of Finance must develop and submit a three-year investment plan, and later update it every three years, with specified public consultation and workshop requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39716. (a) The Department of Finance, on behalf of the Governor, and in consultation with the state board and any other relevant state entity, shall develop and submit to the Legislature at the time of the department’s adjustments to the proposed 2013–14 fiscal year budget pursuant to subdivision (e) of Section 13308 of the Government Code a three-year investment plan. Commencing with the 2016–17 fiscal year budget and every three years thereafter, with the release of the Governor’s budget proposal, except for the 2025–26 fiscal year budget, the Department of Finance shall include updates to the investment plan following the public process described in subdivisions (b) and (c). The investment plan, consistent with the requirements of Section 39712, shall do all of the following: (1) Identify the state’s near-term and long-term greenhouse gas emissions reduction goals and targets by sector. (2) Analyze gaps, where applicable, in current state strategies to meeting the state’s greenhouse gas emissions reduction goals and targets by sector. (3) (A) Identify priority programmatic investments of moneys that will facilitate the achievement of feasible and cost-effective greenhouse gas emissions reductions toward achievement of greenhouse gas reduction goals and targets by sector, consistent with subdivision (c) of Section 39712. (B) In identifying priority programmatic investments, the investment plan shall do both of the following: (i) Assess how proposed investments interact with current state regulations, policies, and programs. (ii) Evaluate if and how those proposed investments could be incorporated into existing programs. (4) Recommend metrics that would measure progress and benefits from the proposed programmatic investments. (b) (1) The state board shall hold at least two public workshops in different regions of the state and one public hearing prior to the Department of Finance submitting the investment plan. (2) The state board shall, prior to the submission of each investment plan, consult with the Public Utilities Commission to ensure the investment plan is coordinated with, and does not conflict with or unduly overlap with, activities under the oversight or administration of the Public Utilities Commission undertaken pursuant to Part 5 (commencing with Section 38570) of Division 25.5 or other activities under the oversight or administration of the Public Utilities Commission that facilitate greenhouse gas emissions reductions consistent with this division. The investment plan shall include a description of the use of any moneys generated by the sale of allowances received at no cost by the investor-owned utilities pursuant to a market-based compliance mechanism. (c) The Climate Action Team, established under Executive Order S-3-05, shall provide information to the Department of Finance and the state board to assist in the development of each investment plan. The Climate Action Team shall participate in each public workshop held on an investment plan and provide testimony to the state board on each investment plan. For purposes of this section, the Secretary of Labor and Workforce Development shall assist the Climate Action Team in its efforts. (Amended by Stats. 2024, Ch. 72, Sec. 30. (SB 156) Effective July 2, 2024.)
  97. 39718.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    Money in the fund must be appropriated through the annual Budget Act, used by the state board and administering agencies for administrative purposes after appropriation, and returned loan repayments and related earnings must be deposited back into the fund.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39718. (a) Moneys in the fund shall be appropriated through the annual Budget Act consistent with the investment plan developed and submitted pursuant to Section 39716. (b) Upon appropriation, moneys in the fund shall be available to the state board and to administering agencies for administrative purposes in carrying out this chapter. (c) Any repayment of loans, including interest payments and all interest earnings on or accruing to any moneys, resulting from implementation of this chapter shall be deposited in the fund for purposes of this chapter. (Amended by Stats. 2013, Ch. 76, Sec. 120. (AB 383) Effective January 1, 2014.)
  98. 39719.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The section directs how annual fund proceeds must be appropriated and transferred for greenhouse-gas reduction and related programs, with several percentage-based allocations, a $130 million cap on one transfer, and an inoperative date of July 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39719. (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. (b) To carry out a portion of the requirements of subdivision (a), the annual proceeds of the fund are continuously appropriated for the following: (1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of the annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows: (A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. (C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program. (2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, and subject to the requirements of Section 39719.3, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (A) Acquisition and construction costs of the project. (B) Environmental review and design costs of the project. (C) Other capital costs of the project. (D) Repayment of any loans made to the authority to fund the project. (3) (A) Beginning in the 2020–21 fiscal year, and until June 30, 2030, 5 percent of the annual proceeds of the fund, up to the sum of one hundred thirty million dollars ($130,000,000), is hereby annually transferred to the Safe and Affordable Drinking Water Fund established pursuant to Section 116766 for the purposes of Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104. (B) Moneys transferred under this paragraph shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in accordance with the requirements of Section 39712 or to improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities, consistent with Division 25.5 (commencing with Section 38500). For purposes of the moneys transferred under this paragraph, a state agency may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities. (4) Notwithstanding Section 13340 of the Government Code, for each fiscal year, beginning in the 2022–23 fiscal year through the 2028-29 fiscal year, the sum of two hundred million dollars ($200,000,000) is hereby continuously appropriated, to the Department of Forestry and Fire Protection and allocated as follows: (A) One hundred sixty-five million dollars ($165,000,000) for healthy forest and fire prevention programs and projects that improve forest health and reduce emissions of greenhouse gases caused by uncontrolled wildfires. (B) Thirty-five million dollars ($35,000,000) for the completion of prescribed fire and other fuel reduction projects through proven forestry practices consistent with the recommendations of the California Forest Carbon Plan, including the operation of year-round prescribed fire crews and implementation of a research and monitoring program for climate adaptation. (c) In determining the amount of the annual proceeds of the fund for purposes of the calculation in paragraphs (1) to (3), inclusive, of subdivision (b), the funds subject to Section 39719.1 and the sum set forth in paragraph (4) of subdivision (b) shall not be included. (d) This section shall become inoperative on July 1, 2026. (Amended by Stats. 2025, Ch. 121, Sec. 4. (SB 840) Effective September 19, 2025. Inoperative July 1, 2026, by its own provisions.)
  99. 39719.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    A specified $400 million is to be available to the High-Speed Rail Authority, and related loan repayments must be repaid to the fund as needed based on the project’s financial needs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39719.1. (a) Of the amount loaned from the fund to the General Fund pursuant to Item 3900-011-3228 of Section 2.00 of the Budget Act of 2013, four hundred million dollars ($400,000,000) shall be available to the High-Speed Rail Authority pursuant to subdivision (b). (b) The portion of the loan from the fund to the General Fund described in subdivision (a) shall be repaid to the fund as necessary based on the financial needs of the high-speed rail project. Beginning in the 2015–16 fiscal year, and in order to carry out the goals of the fund in accordance with the requirements of Section 39712, the amounts of all the loan repayments, notwithstanding Section 13340 of the Government Code, are continuously appropriated from the fund to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (1) Acquisition and construction costs of the project. (2) Environmental review and design costs of the project. (3) Other capital costs of the project. (4) Repayment of any loans made to the authority to fund the project. (Added by Stats. 2014, Ch. 36, Sec. 8. (SB 862) Effective June 20, 2014.)
  100. 39719.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    This section creates a clean truck, bus, and off-road vehicle technology program, assigns the state board and another commission to administer and advise it, and requires funding guidance, priorities, and a three-year investment strategy.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39719.2. (a) The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program is hereby created, to be administered by the state board in conjunction with the State Energy Resources Conservation and Development Commission. The program, from moneys appropriated from the fund for the purposes of the program, shall fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. Priority shall be given to projects benefiting disadvantaged communities pursuant to the requirements of Sections 39711 and 39713. (b) Projects eligible for funding pursuant to this section include, but are not limited to, the following: (1) Technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology, including projects that help to facilitate clean goods movement corridors. This includes peer-to-peer truck sharing platform demonstration. Until December 31, 2021, no less than 20 percent of funding made available for purposes of this paragraph shall support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. (2) Zero- and near-zero-emission bus technology development, demonstration, precommercial pilots, and early commercial deployments, including pilots of multiple vehicles at one site or region. (3) Zero- and near-zero-emission off-road vehicle and equipment technology development, demonstration, precommercial pilots, and early commercial deployments, including vehicles and equipment in the port, agricultural, marine, construction, and rail sectors. (4) Purchase incentives, which may include point-of-sale, for commercially available zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and fueling infrastructure to support early market deployments of alternative technologies and to increase manufacturer volumes and accelerate market acceptance. (5) Projects that support greater commercial motor vehicle and equipment freight efficiency and greenhouse gas emissions reductions, including, but not limited to, advanced intelligent transportation systems, autonomous vehicles, grid integration and integrated storage solutions, charging management demonstration and analytics, and other freight information and operations technologies. (c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall develop guidance through the existing Air Quality Improvement Program funding plan process for the implementation of this section that is consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and this chapter. (d) The guidance developed pursuant to subdivision (c) shall do all of the following: (1) Outline performance criteria and metrics for deployment incentives. The goal shall be to design a simple and predictable structure that provides incentives for truck, bus, and off-road vehicle and equipment technologies that provide significant greenhouse gas reduction and air quality benefits. (2) (A) Ensure that program investments are coordinated with funding programs developed pursuant to the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5). (B) The State Energy Resources Conservation and Development Commission shall advise the state board on how to allocate money for vehicle charging infrastructure consistent with the commission’s investment plan strategies on charging infrastructure. (3) Promote projects that assist the state in reaching its climate goals beyond 2030, consistent with Section 38566. (4) Promote investments in medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, marine equipment, and rail equipment. (5) Implement purchase incentives for eligible technologies to increase the use of the cleanest vehicles in disadvantaged communities. (6) Allow for remanufactured and retrofitted vehicles to qualify for purchase incentives if those vehicles meet warranty and emissions requirements, as determined by the state board. (7) Establish a competitive process for the allocation of moneys for projects funded pursuant to this section. (8) Leverage, to the maximum extent feasible, federal or private funding. (9) Ensure that the results of emissions reductions or benefits can be measured or quantified. (10) Ensure that activities undertaken pursuant to this section complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants. (e) In evaluating potential projects to be funded pursuant to this section, the state board shall give priority to projects that demonstrate one or more of the following characteristics: (1) Benefit disadvantaged communities pursuant to Sections 39711 and 39713 or communities with a community emissions reduction program implemented pursuant to Section 44391.2. (2) The ability to leverage additional public and private funding. (3) The potential for cobenefits or multiple-benefit attributes. (4) The potential for the project to be replicated. (5) Regional benefit, with focus on collaboration between multiple entities. (6) Support for technologies with broad market and emissions reduction potential. (7) Support for projects addressing technology and market barriers not addressed by other programs. (8) Support for enabling technologies that benefit multiple technology pathways. (f) In implementing this section, the state board, in consultation with the State Energy Resources Conservation and Development Commission, shall create an annual framework and plan. The framework and plan shall be developed with public input and may use existing investment plan processes and workshops as well as existing state and third-party research and technology roadmaps. The framework and plan shall do all of the following: (1) Articulate an overarching vision for technology development, demonstration, precommercial pilot, and early commercial deployments, with a focus on moving technologies through the commercialization process. (2) Outline technology categories and performance criteria for technologies and applications that may be considered for funding pursuant to this section. This shall include technologies for medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, construction equipment, marine equipment, and rail equipment. (3) Describe the roles of the relevant agencies and the process for coordination. (g) For purposes of this section, “zero- and near-zero-emission” means vehicles, fuels, and related technologies that reduce greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission. “Zero- and near-zero-emission” may include, but is not limited to, zero-emission technology, enabling technologies that provide a pathway to emissions reductions, advanced or alternative fuel engines for long-haul trucks, and hybrid or alternative fuel technologies for trucks and off-road equipment. (h) (1) In addition to the requirements of Section 44258.4, commencing with the funding plan for the 2019–20 fiscal year of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9 of Part 5), the state board shall include a three-year investment strategy that includes the immediate fiscal year and a forecast of estimated funding needs for the subsequent two fiscal years for zero- and near-zero-emission heavy-duty vehicles and equipment commensurate with meeting the goals of this chapter and the goals of the state. (2) The three-year investment strategy shall do all of the following: (A) Describe the role of public investments in supporting the demonstration and deployment of advanced technologies. (B) Provide an assessment of available funding and the investment needed. (C) Provide a description of the state board’s portfolio of investments. (3) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall include in the investment strategy information related to milestones achieved by the state’s schoolbus incentive programs and the projected need for funding taking into consideration the state’s schoolbus inventory, turnover, and useful life. (Amended by Stats. 2021, Ch. 624, Sec. 1. (AB 992) Effective January 1, 2022.)
  101. 39719.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The section directs the High-Speed Rail Authority to focus funds on completing the Merced to Bakersfield segment and restricts new funding commitments outside that segment, subject to listed exceptions and notice requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39719.3. (a) For purposes of this section, the following definitions apply: (1) “Fully funded” means the High-Speed Rail Authority has secured funding to complete the Merced to Bakersfield segment within the timelines identified in the most recent business plan prepared pursuant to Section 185033 of the Public Utilities Code or project update report prepared pursuant to Section 185033.5 of the Public Utilities Code and the High-Speed Rail Authority Office of the Inspector General has confirmed that the High-Speed Rail Authority has secured that funding. (2) “Merced to Bakersfield segment” means a 171-mile electrified dual-track segment that is usable for high-speed rail service in the central valley from Merced to Bakersfield, with a new combined station in downtown Merced, and connections to the Amtrak San Joaquins and the Altamont Corridor Express. (b) Notwithstanding paragraph (2) of subdivision (b) of Section 39719, beginning with the 2022–23 fiscal year, it is the intent of the Legislature that the High-Speed Rail Authority prioritize use of the funds provided pursuant to Section 39719 to complete the Merced to Bakersfield segment. (c) Beginning with the 2022–23 fiscal year, the High-Speed Rail Authority shall not enter into new funding commitments with funds provided pursuant to paragraph (2) of subdivision (b) of Section 39719 for activities outside the Merced to Bakersfield segment, except for the following purposes: (1) Completion of environmental clearance activities and planning activities required by federal grant agreements or other existing agreements. (2) State operations activities related to construction management and project development and enterprisewide capital expenditures. (3) (A) Additional activities, not to cumulatively exceed five hundred million dollars ($500,000,000), that maximize the efficiency of delivering the project, excluding paragraphs (1) and (2). (B) The High-Speed Rail Authority shall provide advance notification of work described in subparagraph (A) to the High-Speed Rail Authority Office of the Inspector General (OIG) and the chairs of the relevant committees of both houses of the Legislature. The OIG shall conduct a cost-benefit analysis of the proposed work outside the Merced to Bakersfield segment within 60 days of notification and make a finding as to whether or not expenditure of funds for the proposed work will result in a delay in the completion of the Merced to Bakersfield segment. After that time, the OIG shall provide its analysis to chairpersons of the committees of both houses of the Legislature that consider appropriations and the chairpersons of the committees and the appropriate subcommittees of both houses of the Legislature that consider the State Budget before contracts for projects outside of the Merced to Bakersfield segment are considered by the High-Speed Rail Authority for approval. (C) Before expenditure of funds pursuant to this paragraph, the High-Speed Rail Authority shall provide notification of grant applications to the chairpersons of the committees of both houses of the Legislature that consider appropriations and the chairpersons of the committees and the appropriate subcommittees of both houses of the Legislature that consider the State Budget. Approval of the grant application by the Department of Finance may be authorized no sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the chairpersons of the committees and the appropriate subcommittees in each house of the Legislature that consider the State Budget. (d) (1) This section shall become inoperative on June 30, 2030, or when the Merced to Bakersfield segment is fully funded, whichever is sooner, and shall be repealed on January 1 of the following year. (2) The High-Speed Rail Authority shall inform the Legislature when the Merced to Bakersfield segment is fully funded in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 71, Sec. 6. (SB 198) Effective June 30, 2022. Conditionally inoperative on or before June 30, 2030, as prescribed by its own provisions. Repealed January 1, following the inoperative date.)
  102. 39719.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    This section sets priorities for allocating Greenhouse Gas Reduction Fund moneys starting with the 2026–27 fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39719.4. Beginning with the 2026–27 fiscal year, moneys in the funds shall be allocated in the following priority: (a) (1) Amounts described in Sections 4210 to 4214, inclusive, of the Public Resources Code to replace the revenues generated by the State Responsibility Area fire prevention fee authorized by Section 4212 of the Public Resources Code. (2) Amounts appropriated by subparagraph (A) of paragraph (3) of subdivision (g) of Section 6377.1 of the Revenue and Taxation Code. (3) The sum of three million dollars ($3,000,000) for the establishment of the Legislative Counsel Climate Bureau. (b) After the amounts specified in subdivision (a) are fully allocated, as determined by the Department of Finance, the remaining moneys in the fund shall be allocated as follows: (1) Notwithstanding Section 13340 of the Government Code and subject to Section 39719.3, the sum of one billion dollars ($1,000,000,000) is continuously appropriate without regard to fiscal year to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (A) Acquisition and construction costs of the project. (B) Environmental review and design costs of the project. (C) Other capital costs of the project. (D) Repayment of any loans made to the authority to fund the project. (2) (A) The sum of one billion dollars ($1,000,000,000) is reserved for appropriation by the Legislature in the annual Budget Act or other statute. (B) It is the intent of the Legislature that the amount reserved pursuant to subparagraph (A) is allocated in the following amounts for the 2026—27 fiscal year: (i) The sum of one hundred twenty-five million dollars ($125,000,000) for transit passes. (ii) The sum of twenty-five million dollars ($25,000,000) for seed funding for a University of California Climate Research Center. (iii) The sum of fifteen million dollars ($15,000,000) for rebuilding Topanga Park. (iv) The sum of eighty-five million dollars ($85,000,000) for an entity chosen by the Legislature to support climate-focused technological innovation, related research, and the deployment of climate solutions identified in the scoping plan prepared pursuant to Section 38561. (c) (1) After the amounts specified in subdivisions (a) and (b) are fully allocated, as determined by the Department of Finance, the remaining moneys in the fund, notwithstanding Section 13340 of the Government Code, are continuously appropriated, without regard to fiscal year, as follows: (A) The sum of eight hundred million dollars ($800,000,000) to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program. (B) The sum of four hundred million dollars ($400,000,000) to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (C) The sum of two hundred fifty million dollars ($250,000,000) to the State Air Resources Board for community air protection programs and allocated for financial incentives to reduce mobile and stationary sources of criteria air pollutants or toxic air contaminants consistent with community emissions reduction programs developed pursuant to Section 44391.2 and for support for local air districts’ implementation of Chapter 136 of the Statutes of 2017. (D) The sum of two hundred million dollars ($200,000,000) to the Transportation Agency for the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. (E) The sum of two hundred million dollars ($200,000,000) to the Department of Forestry and Fire Protection and allocated as follows: (i) Eighty-two and one-half percent for healthy forest and fire prevention programs and projects that improve forest health and reduce emissions of greenhouse gases caused by uncontrolled wildfires. (ii) Seventeen and one-half percent for the completion of prescribed fire and other fuel reduction projects through proven forestry practices consistent with the recommendations of the California Forest Carbon Plan, including the operation of year-round prescribed fire crews and implementation of a research and monitoring program for climate adaptation. (F) The sum of one hundred thirty million dollars ($130,000,000) is transferred to the Safe and Affordable Drinking Water Fund established pursuant to Section 116766 for the purposes of Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104. (2) (A) Moneys appropriate pursuant to paragraph (1) shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in accordance with the requirements of Section 39712 or to improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities, consistent with Division 25.5 (commencing with Section 38500). (B) For purposes of the moneys appropriated pursuant to paragraph (1), a state agency may comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities. (3) If, for any fiscal year the Department of Finance determines that, after fully allocating the amounts pursuant to subdivisions (a) and (b), there are insufficient annual proceeds to fully provide for the appropriations specified in paragraph (1) in addition to any state operations costs appropriated in the annual Budget Act, the amounts specified in paragraph (1) shall be proportionally reduced as determined by the Department of Finance. (d) Any amounts in the fund not needed to fully fund the amounts pursuant to subdivisions (a), (b), and (c) in a fiscal year are available to be appropriated by the Legislature in the annual Budget Act or other statute. (Added by Stats. 2025, Ch. 121, Sec. 5. (SB 840) Effective September 19, 2025.)
  103. 39720.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    The Department of Finance must report to legislative committees on funded projects and their outcomes by March 1, 2014, and every year after that.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39720. (a) Notwithstanding Section 10231.5 of the Government Code, the Department of Finance shall submit a report on or before March 1, 2014, and annually thereafter, to the appropriate committees of the Legislature on the status of projects funded pursuant to this part and their outcomes. (b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2012, Ch. 807, Sec. 2. (AB 1532) Effective January 1, 2013.)
  104. 39721.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    Administering agencies must report to the Department of Finance, and the Department of Finance must add a description of how the agencies fulfilled Section 39713 requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39721. For the report prepared pursuant to Section 39720, administering agencies shall report to the Department of Finance, and the Department of Finance shall include in the report, a description of how the administering agencies have fulfilled the requirements of Section 39713. (Added by Stats. 2012, Ch. 830, Sec. 5. (SB 535) Effective January 1, 2013.)
  105. 39723.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. )

    Verify source ↗

    This chapter may not be read to mean that any taxpayer must pay a higher tax under Section 3 of Article XIII A of the California Constitution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.1. Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act [39710 - 39723] ( Chapter 4.1 added by Stats. 2012, Ch. 807, Sec. 2. ) ## 39723. Nothing in this chapter shall be construed as resulting in any taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution. (Added by Stats. 2012, Ch. 830, Sec. 6. (SB 535) Effective January 1, 2013.)
  106. 39730.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board must complete a comprehensive strategy to reduce short-lived climate pollutants by January 1, 2016, and do specified research, coordination, consultation, and public workshop steps while developing it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39730. (a) Notwithstanding Sections 38550 and 38551, no later than January 1, 2016, the state board shall complete a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state. In developing the strategy, the state board shall do all of the following: (1) Complete an inventory of sources and emissions of short-lived climate pollutants in the state based on available data. (2) Identify research needs to address any data gaps. (3) Identify existing and potential new control measures to reduce emissions. (4) Prioritize the development of new measures for short-lived climate pollutants that offer cobenefits by improving water quality or reducing other air pollutants that impact community health and benefit disadvantaged communities, as identified pursuant to Section 39711. (5) Coordinate with other state agencies and districts to develop measures identified as part of the comprehensive strategy. (b) As part of the strategy developed pursuant to subdivision (a), the state board shall consult with experts in academia, industry, and the community on short-lived climate pollutants. The topics shall include, but not be limited to, all of the following: (1) Assessment of the current status of controls that directly or indirectly reduce emissions of short-lived climate pollutants in the state. (2) Identification of opportunities and challenges for controlling emissions. (3) Recommendations to further reduce emissions. (c) To provide a forum for public engagement, the state board shall hold at least one public workshop during the development of the strategy required pursuant to subdivision (a). (d) For purposes of this section, “short-lived climate pollutant” means an agent that has a relatively short lifetime in the atmosphere, from a few days to a few decades, and a warming influence on the climate that is more potent than that of carbon dioxide. (e) This section does not affect the existing authority of a state agency to adopt and implement rules and regulations that result in the reduction of greenhouse gas emissions or short-lived climate pollutants to the extent authorized or required by existing law. (Added by Stats. 2014, Ch. 523, Sec. 1. (SB 605) Effective January 1, 2015.)
  107. 39730.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board must approve and start implementing the short-lived climate pollutant strategy by January 1, 2018, and must give public notice before approval.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39730.5. (a) No later than January 1, 2018, the state board shall approve and begin implementing the comprehensive short-lived climate pollutant strategy developed pursuant to Section 39730 to achieve a reduction in the statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. (b) Prior to approving the short-lived climate pollutant strategy pursuant to subdivision (a), the state board shall do all of the following: (1) Coordinate with other state and local agencies and districts to develop measures identified as part of the strategy. (2) Provide a forum for public engagement by holding at least three public hearings in geographically diverse locations throughout the state. (3) Evaluate the best-available scientific, technological, and economic information to ensure that the strategy is cost effective and technologically feasible. (4) Incorporate and prioritize, as appropriate, measures and actions that provide the following cobenefits: (A) Job growth and local economic benefits in the state. (B) Public health benefits. (C) Potential for new innovation in technology, energy, and resource management practices. (c) The state board shall publicly notice the strategy described in subdivision (a) and post a copy of that strategy on the state board’s Internet Web site at least one month prior to the state board approving the strategy pursuant to subdivision (a). (Added by Stats. 2016, Ch. 395, Sec. 2. (SB 1383) Effective January 1, 2017.)
  108. 39730.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board may not, before January 1, 2025, adopt landfill methane-control requirements for organic waste disposal except as allowed by this section and Public Resources Code Section 42652.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39730.6. (a) Consistent with Section 39730.5, methane emissions reduction goals shall include the following targets to reduce the landfill disposal of organics: (1) A 50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020. (2) A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. (b) Except as provided in this section and Section 42652.5 of the Public Resources Code, the state board shall not adopt, prior to January 1, 2025, requirements to control methane emissions associated with the disposal of organic waste in landfills other than through landfill methane emissions control regulations. (Added by Stats. 2016, Ch. 395, Sec. 3. (SB 1383) Effective January 1, 2017.)
  109. 39730.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board must adopt methane-reduction regulations for dairy and livestock manure operations, with several required consultations, reports, feasibility findings, and timing rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39730.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Department” means the Department of Food and Agriculture. (2) “Commission” means the Public Utilities Commission. (3) “Energy commission” means the State Energy Resources Conservation and Development Commission. (4) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. (b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sector’s and livestock sector’s 2013 levels by 2030. (2) Prior to adopting regulations pursuant to paragraph (1), the state board shall do all of the following: (A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts. (B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present. (C) In consultation with the department, do both of the following: (i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation. (ii) Consider developing and adopting methane emissions reduction protocols. (3) The state board shall make available to the public by posting on its Internet Web site a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report. (4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following: (A) The regulations are technologically feasible. (B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following: (i) Electrical interconnection of onsite electrical generation facilities using biomethane. (ii) Access to common carrier pipelines available for the injection of digester biomethane. (C) The regulations are cost effective. (D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate. (E) The regulations include an evaluation of the achievements made by incentive-based programs. (c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sectors have made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1) of subdivision (b). (d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b). (B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas. (2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects. (e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter. (g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (h) This section does not limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions. (i) This section does not in any way affect the state board’s or districts’ authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division. (Amended by Stats. 2017, Ch. 561, Sec. 122. (AB 1516) Effective January 1, 2018.)
  110. 39730.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The energy commission must develop renewable gas recommendations and related cost-effective strategies, and state agencies and the commission must consider policies and incentives to support renewable gas and emissions reductions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39730.8. (a) For purposes of this section, the following terms have the following meanings: (1) “Commission” means the Public Utilities Commission. (2) “Energy commission” means the State Energy Resources Conservation and Development Commission. (3) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. (b) The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following: (1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations). (3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5. (5) The strategy. (c) Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas. (d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state. (e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate. (Added by Stats. 2016, Ch. 395, Sec. 5. (SB 1383) Effective January 1, 2017.)
  111. 39731.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board must carry out methane monitoring, gather information for a life-cycle greenhouse gas analysis of natural gas, update policies and programs, and review recent scientific data.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39731. The state board shall do all of the following: (a) Undertake, in consultation with districts that monitor methane, monitoring and measurements of high-emission methane hot spots in the state using the best available and cost-effective scientific and technical methods. (b) Consult with federal and state agencies, independent scientific experts, and any other appropriate entities to gather or acquire the necessary information for the purpose of carrying out a life-cycle greenhouse gas emission analysis of natural gas produced and imported into the state using the best available and cost-effective scientific and technical methods. (c) Update relevant policies and programs to incorporate the information gathered and acquired pursuant to subdivisions (a) and (b). (d) Review, in consultation with independent scientific experts, the most recent available scientific data and reports on the atmospheric reactivity of methane as a precursor to the formation of photochemical oxidants. (Added by Stats. 2015, Ch. 604, Sec. 2. (AB 1496) Effective January 1, 2016.)
  112. 39733.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board must develop and administer the Woodsmoke Reduction Program with districts, and the program must include specified replacement, incentive, outreach, and installation components.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39733. (a) The Woodsmoke Reduction Program is hereby established to be developed and administered by the state board, in coordination with districts, to promote the voluntary replacement of old, uncertified wood-burning stoves with cleaner burning and more energy-efficient alternatives in order to achieve short- and long-term climate benefits and localized public health benefits. The program shall include all of the following: (1) Replacement of older, less efficient, uncertified wood-burning devices, including, but not limited to, woodstoves and wood inserts, with cleaner burning, more efficient home heating alternatives. (2) Prioritizing using incentive moneys on the most efficient, nonwood-burning devices, including, but not limited to, heat pumps and solar, electric, and natural gas heaters. (3) Prioritizing the cleanest and best available technologies if nonwood alternatives are infeasible or cost prohibitive, including education on proper burn practices to reduce emissions when wood is used. (4) Opportunities for demonstrating and providing information about the cleanest residential heating technologies as part of outreach efforts. (5) Requirements for the professional installation of new devices being changed out in order to maximize energy efficiency and minimize emissions. (b) Moneys for the program shall be available to the state board, upon appropriation by the Legislature, including, but not limited to, moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (Added by Stats. 2017, Ch. 671, Sec. 2. (SB 563) Effective January 1, 2018.)
  113. 39734.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    This section keeps and expands restrictions on certain fluorinated gases and related substitutes, and lets the state board regulate, enforce, and penalize violations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39734. (a) The Legislature finds and declares that certain fluorinated gases are potent causes of global warming, and it is in the public interest that restrictions or prohibitions on the use of these gases be maintained and enhanced as appropriate in the state. (b) For purposes of this section, the following definitions apply: (1) “Class I substances” and “class II substances” mean those substances listed in 42 U.S.C. Sec. 7671a, as it read on November 15, 1990, or those substances listed in Appendix A or B of Subpart A of 40 C.F.R. Part 82, as those read on January 3, 2017. (2) “Hydrofluorocarbons” mean fluorinated gases used primarily as refrigerants in refrigeration, air-conditioning equipment, foam expansion agents, aerosol propellants, solvents, and fire suppressants. (3) “Residential consumer refrigeration products” has the same meaning as defined in Section 430.2 of Subpart A of 10 C.F.R. Part 430. (4) “Substitute” means a chemical, product substitute, or alternative manufacturing process, whether existing or new, that is used to perform a function previously performed by a class I substance or class II substance and any substitute subsequently adopted to perform that function, including, but not limited to, hydrofluorocarbons. (c) (1) All prohibitions on the use of class I substances and class II substances as set forth in 42 U.S.C. Secs. 7671a and 7671k, as those read on November 15, 1990, or any substitute as set forth in Appendix U and Appendix V of Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, shall apply, except as otherwise provided by in paragraph (3), state statute, or state regulation. (2) If the United States Environmental Protection Agency approves a previously prohibited hydrofluorocarbon blend for foam blowing pursuant to the Significant New Alternatives Policy Program, adopted pursuant to Section 7671k of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the state board shall expeditiously initiate a rulemaking pursuant to this section or other existing legal authority to conform its regulations with that federal action. (3) (A) Prohibitions on residential consumer refrigeration products, except compact and built-in residential consumer refrigeration products, shall take effect January 1, 2022. (B) Prohibitions on built-in residential consumer refrigeration products shall take effect on January 1, 2023. (d) The state board may adopt a regulation that includes any of the following: (1) The modification of the deadlines of a prohibition established pursuant to subdivision (c) if the state board determines that the modified deadline meets both of the following: (A) Reduces the overall risk to human health or the environment. (B) Reflects the earliest date that a substitute is currently or potentially available. (2) The prohibition on the use of any substitute if the state board determines that the prohibition meets both of the following criteria: (A) Reduces the overall risk to human health or the environment. (B) A lower-risk substitute is currently or potentially available. (3) The creation of a list of approved substitutes, use conditions, or use limits, if any, and the addition or removal of substitutes, use conditions, or use limits to or from the list of approved substitutes if the state board determines those substitutes reduce the overall risk to human health and the environment. (e) A person shall not offer any equipment or product for sale, lease, rent, or otherwise cause any equipment or product to enter into commerce in California if that equipment or product uses or will use a substitute in a manner inconsistent with any of the following: (1) Any prohibitions in subdivision (c). (2) Any prohibitions, use conditions, or use limits in subdivision (d) or a state regulation. (3) Any other applicable laws, including, but not limited to, the California Building Standards Code (Title 24 of the California Code of Regulations). (f) (1) The state board may enforce this section. A violation of the requirements of this section may be enjoined pursuant to Section 41513 and is subject to the penalties set forth in Article 3 (commencing with Section 42400) of Chapter 4 of Part 4. (2) Notwithstanding subdivisions (i) and (j) of Section 42410, the state board may impose an administrative penalty pursuant to Section 42410. (3) Penalties collected pursuant to this section shall be deposited in the Air Pollution Control Fund. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2018, Ch. 375, Sec. 1. (SB 1013) Effective January 1, 2019.)
  114. 39735.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    This section sets definitions for refrigerant terms and bans selling, distributing, or otherwise putting into commerce bulk hydrofluorocarbons or bulk blends that exceed stated GWP limits, with specific exemptions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39735. (a) For purposes of this section, the following definitions apply: (1) “Bulk” has the same meaning as defined in Section 84.3 of Title 40 of the Code of Federal Regulations, as that regulation existed as of October 1, 2024. (2) “Certified reclaimed refrigerant” means used (recovered) refrigerant that meets all of the following criteria: (A) Has been reclaimed by a refrigerant reclaimer certified by the United States Environmental Protection Agency from a previously operational appliance. (B) Meets all specifications in Appendix A to Subpart F (commencing with Section 82.150) of Part 82 of Title 40 of the Code of Federal Regulations, as those regulations existed as of October 1, 2024, as demonstrated by an analysis conducted to verify that it meets these specifications. (C) Contains no greater than 15 percent new hydrofluorocarbon refrigerant by weight to meet the specifications in Appendix A to Subpart F (commencing with Section 82.150) of Part 82 of Title 40 of the Code of Federal Regulations, as those regulations existed as of October 1, 2024, and has documentation prepared by a refrigerant reclaimer certified by the United States Environmental Protection Agency that supports that the reclaimed refrigerant does not exceed the maximum allowable new hydrofluorocarbon refrigerant content. (3) “Hydrofluorocarbons” has the same meaning as “regulated substance” as defined in Section 84.3 of Title 40 of the Code of Federal Regulations, as that regulation existed as of October 1, 2024. (4) “Global warming potential” or “GWP” is a measure of how much energy the emissions of one ton of a gas will absorb over a given period of time, relative to the emissions of one ton of carbon dioxide. “Global warming potential” or “GWP” means the 100-year global warming potential values published by the Intergovernmental Panel on Climate Change (IPCC) in its Fourth Assessment Report (AR4) in 2007, and if a relevant value is not contained in AR4, “global warming potential” means the 100-year global warming potential values published by the IPCC in its Fifth Assessment Report (AR5) in 2013 or as determined by the state board in a regulation adopted pursuant to this section. (5) “Low GWP” means GWP of less than 150. (6) “New hydrofluorocarbon refrigerant” means hydrofluorocarbon refrigerant that has not been previously used. (7) “Person” has the same meaning as defined in Section 39047. (8) “Ultra-low GWP” means GWP of less than 10. (b) (1) A person shall not offer for sale or distribution, or otherwise enter into commerce in the state, bulk hydrofluorocarbons or bulk blends containing hydrofluorocarbons that exceed any of the global warming potential limits as specified in paragraph (2), (3), or (4). (2) Beginning January 1, 2025, the global warming potential shall not exceed 2,200. (3) Beginning January 1, 2030, the global warming potential shall not exceed 1,500. (4) Beginning January 1, 2033, the global warming potential shall not exceed 750. (c) Nothing in this section shall restrict the authority of the state board to establish by regulation maximum allowable global warming potential levels for hydrofluorocarbons entered into commerce in the state below the maximum levels established in subdivision (b). (d) (1) The prohibitions established pursuant to subdivision (b) or (c) shall not apply to any of the following: (A) Certified reclaimed refrigerants. (B) (i) Hydrofluorocarbons that are exclusively for use in metered dose inhalers approved by the United States Food and Drug Administration for medical purposes. (ii) The exemption established pursuant to clause (i) shall become inoperative on December 27, 2030. (C) (i) Hydrofluorocarbons that are exclusively for use in very low temperature refrigeration or cooling designed to maintain temperatures below -58 degrees Fahrenheit (-50 degrees Celsius), including, but not limited to, medical and laboratory freezers, refrigerated transport, specialized industrial process cooling applications, and extreme temperature environmental testing. (ii) The exemption established pursuant to clause (i) shall become inoperative on January 1, 2028. (2) For bulk blends containing hydrofluorocarbons, the global warming potential limits established pursuant to subdivision (b) or (c) apply to the global warming potential of the blended product and do not apply to any component of the blend in isolation. (e) (1) Beginning January 1, 2025, hydrofluorocarbons shall not be used to replenish any leaks or otherwise service stationary equipment owned or operated by the state if the hydrofluorocarbons have a GWP greater than 750. (2) Paragraph (1) does not apply to certified reclaimed refrigerants. (f) To achieve the transition described in subdivision (a) of Section 39736, the state board shall initiate a rulemaking requiring low or ultra-low GWP alternatives to hydrofluorocarbons in a sector unless it is not practicable for entities in the sector to comply with the requirement. (g) (1) Any violation of this section or any rule, regulation, order, or other measure adopted by the state board pursuant to this section may be enjoined pursuant to Section 41513, and the violation is subject to those penalties set forth in Section 38580 and Article 3 (commencing with Section 42400) of Chapter 4 of Part 4. (2) Notwithstanding Section 42405 or any other law, penalties collected for a violation of this section shall be deposited in the Air Pollution Control Fund. (h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2025, Ch. 161, Sec. 1. (AB 663) Effective October 1, 2025.)
  115. 39736.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. )

    Verify source ↗

    The state board must post an assessment by January 1, 2025, and the assessment must cover specified transition steps away from hydrofluorocarbons. The commission must also analyze barriers to hydrofluorocarbon reclamation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.2. Global Warming [39730 - 39736] ( Chapter 4.2 added by Stats. 2014, Ch. 523, Sec. 1. ) ## 39736. (a) The state board shall post an assessment on its internet website by January 1, 2025, specifying how to transition the state’s economy, by sector, away from hydrofluorocarbons and to ultra-low GWP or no-GWP alternatives no later than 2035 through maximizing recovery and reclamation and increasing adoption of new low and ultra-low GWP alternative refrigerants. (b) The assessment prepared pursuant to subdivision (a) shall include all of the following: (1) A list of all existing sources of incentives for reducing hydrofluorocarbon emissions to the levels specified in Section 39730.5, and whether the required global warming potential of the technology supported in these incentive programs should be lowered. (2) (A) Proposals for additional incentives, safety testing, and demonstration projects that may be needed to aid the state in transitioning away from hydrofluorocarbons, in increasing availability and access to low GWP, ultra-low GWP, or no-GWP refrigerant technologies available in other countries in the California market, and in increasing refrigerant recovery and reclamation in California. (B) The safety testing described in subparagraph (A) shall include any safety testing needed to assess proposals to update safety standards and codes for design and use of equipment using low or ultra-low GWPs. The state board may consult with expert agencies and organizations in carrying out this subparagraph. (3) Suggested legislative or regulatory changes necessary to transition away from hydrofluorocarbons. (4) Recommendations on any interim steps required to fully transition to ultra-low GWP or no-GWP alternatives, including recommendations for how to establish a robust reclamation system for hydrofluorocarbons with higher global warming potentials. The State Energy Resources Conservation and Development Commission shall conduct an analysis of issues preventing high levels of hydrofluorocarbon reclamation today, which shall include an analysis of the reverse supply chain and interviews with appliance technicians servicing appliances using hydrofluorocarbons in the state and with refrigerant distributors and wholesalers to identify fundamental barriers to reclaiming refrigerant. (5) Workforce training and certification recommendations to grow the workforce of technicians capable of handling ultra-low GWP or no-GWP alternatives and servicing the new appliances that use these refrigerants. (c) For purposes of this section, the following definitions apply: (1) “Global warming potential” or “GWP” has the same meaning as defined in Section 39735. (2) “Low GWP” means GWP of less than 150. (3) “Ultra-low GWP” means GWP of less than 10. (Added by Stats. 2022, Ch. 884, Sec. 3. (SB 1206) Effective January 1, 2023.)
  116. 39740.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    The Legislature states findings about climate change, carbon reduction goals, and the need for carbon sequestration and carbon removal strategies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740. The Legislature finds and declares all of the following: (a) Climate change is causing historic droughts, devastating wildfires, storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and is threatening human health and food supplies. (b) California has set ambitious targets to reduce the effects of climate change by reducing carbon emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. (c) In 2018, Governor Brown established Executive Order No. B-55-18, creating a state goal to reach carbon neutrality by no later than 2045 and to maintain net negative greenhouse gas emissions thereafter, and directing the state board to work with relevant state agencies to develop a framework for implementation and accounting that tracks progress toward these goals. (d) In 2019, Governor Newsom established Executive Order No. N-19-19, directing that every aspect of state government redouble its efforts to reduce greenhouse gas emissions and mitigate the impacts of climate change while building a sustainable, inclusive economy. (e) In 2020, Governor Newsom established Executive Order No. N-82-20, directing state agencies to identify and implement near- and long-term actions to accelerate natural removal of carbon and build climate resilience through climate action on natural and working lands in the state and directing the Natural Resources Agency to develop a Natural and Working Lands Climate Smart Strategy that serves as a framework to advance the state’s carbon neutrality goal and build climate resilience. In that executive order, Governor Newsom also directed the State Air Resources Board to consider this strategy and science-based data to update the target for the natural and working lands sector in achieving the state’s carbon neutrality goal. (f) The United Nations’ Intergovernmental Panel on Climate Change (IPCC) has recognized that limiting global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit) over preindustrial times will require not only a swift cut in global carbon emissions from human sources, but also the employment of land use practices and technology that directly remove heat-trapping carbon dioxide from the atmosphere. The IPCC’s special report entitled “Global Warming of 1.5 degrees Celsius,” issued October 6, 2018, suggests global carbon removals of as much as six gigatons of carbon dioxide equivalent per year will be needed by 2030 to meet the goal. (g) Natural and working lands can have significant positive benefits in helping California’s communities be resilient in the face of climate change. Forestry management, healthy soils, wetlands restoration, mountain meadows restoration, and other nature-based climate solutions can deliver greenhouse gas reductions, carbon sequestration benefits, and help limit local community risk to the impacts of climate change, such as wildfire, sea level rise, temperature increases, and changes in global weather patterns. (h) Technological carbon removal strategies, such as direct air capture, direct water capture, and carbon capture utilization and sequestration technologies, are still relatively new, but according to the IPCC the successful deployment of these technologies, in addition to dramatic emissions reductions, will be crucial to successfully averting the worst impacts of climate change. These technologies offer the potential to create entirely new industries around recycling carbon dioxide emissions into useful products such as clean fuels or materials, and offer the potential to create entirely new clean industrial hubs in resource-rich parts of California, including the Central Valley, Imperial Valley, Inland Empire, Sierra Nevada, and coastal regions. (i) Carbon capture and mineralization is a process that permanently stores carbon dioxide by direct conversion to carbonate rock, most commonly limestone. Limestone is widely used in concrete, the world’s most common building material, and therefore carbon capture and mineralization provides another promising medium for capturing and storing large quantities of carbon dioxide. (j) A recent report released by the Lawrence Livermore National Laboratory showed that, even without buying offsets from out of state and by just using technology in existence today, California can sequester or remove on the order of 125,000,000 metric tons of carbon dioxide per year from the atmosphere by 2045 while creating local jobs and local industries at a cost of less than 0.4 percent of the state’s annual gross domestic product. The study further found that California has over 17 billion tons of safe storage in just two areas in the Central Valley, and over 200 billion tons of storage capacity may be available in geologic formations in California to permanently store carbon dioxide removed from the atmosphere. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  117. 39740.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    This section defines terms used in the chapter on carbon sequestration.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.1. For purposes of this chapter, the following definitions apply: (a) “Natural and working lands-based carbon sequestration” means sustainable resource management practices, changes in land use, preservation of natural resources, fuel reduction or prescribed fire activities, and other practices that result in the long-term removal, capture, or sequestration of carbon dioxide from the atmosphere to slow or reverse atmospheric carbon dioxide pollution and to mitigate or reverse global warming. (b) “Natural lands” has the same meaning as in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (c) “Registry” means the California Carbon Sequestration and Climate Resiliency Project Registry established pursuant to Section 39740.3. (d) “Whole orchard recycling” means the onsite grinding or chipping of whole trees during orchard removal, and incorporation of the ground or chipped biomass into the topsoil prior to replanting. (e) “Working lands” has the same meaning as in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code. (Amended by Stats. 2022, Ch. 117, Sec. 1. (AB 2101) Effective January 1, 2023.)
  118. 39740.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    This section requires the Natural Resources Agency to establish a Natural and Working Lands Climate Smart Strategy by July 1, 2023, and requires the state board to set carbon dioxide removal targets for 2030 and beyond.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.2. (a) No later than July 1, 2023, the Natural Resources Agency, in coordination with the California Environmental Protection Agency, the state board, the Department of Food and Agriculture, and other relevant state agencies, shall establish the Natural and Working Lands Climate Smart Strategy. In developing this strategy, the agencies shall do all of the following: (1) Create a framework to advance the state’s climate goals. (2) Consider, based on the best available estimates, how increasing fire risk, warming temperatures, decreasing precipitation, and other climate change impacts will affect the ability of the state to sequester carbon on natural and working lands. (3) Support the economic and resource value of the lands and consider multiple benefits. (4) Support pathways for sectors, such as agriculture and forestry, to participate in the transition to a carbon neutrality economy. (5) Collect public feedback and conduct outreach. (6) Seek to align funding mechanisms to advance the strategy. (b) The state board, as part of its scoping plan prepared pursuant to Section 38561, shall establish carbon dioxide removal targets for 2030 and beyond, and shall take into consideration the Natural and Working Lands Climate Smart Strategy, science-based data, cost-effectiveness, and technological feasibility in setting the targets pursuant to this subdivision. The state board shall consider a range of targets, including those in line with the special report prepared by the United Nations’ Intergovernmental Panel on Climate Change (IPCC) entitled “Global Warming of 1.5 degrees Celsius,” issued October 6, 2018, and leading carbon removal commitments globally, as well as recent and emerging research on carbon dioxide removal potential in California and market and technology conditions. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  119. 39740.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    The Natural Resources Agency must establish and maintain a California carbon sequestration project registry by July 1, 2023, and must consider environmental and public health impacts before adding a direct air capture project.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.3. (a) No later than July 1, 2023, the Natural Resources Agency shall establish and maintain a registry called the California Carbon Sequestration and Climate Resiliency Project Registry for purposes of identifying and listing projects in the state that drive climate action on the state’s natural and working lands and are seeking funding from state agencies or private entities. Carbon sequestration projects listed on the registry may include natural and working lands-based carbon sequestration projects, whole orchard recycling projects, and direct air capture projects. The Natural Resources Agency shall consider the environmental and public health impacts of a direct air capture project before adding the project to the registry. (b) The Natural Resources Agency may provide a mechanism for entities to search the registry based on the criteria specified in subparagraphs (A) to (F), inclusive, of paragraph (4) of subdivision (a) of Section 39740.5. (Amended by Stats. 2022, Ch. 117, Sec. 2. (AB 2101) Effective January 1, 2023.)
  120. 39740.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    Certain unfunded projects may be listed on the registry once the registry exists, if they applied for eligible funding and meet state board requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.4. Beginning on the date the registry is established pursuant to Section 39740.3, projects that have applied for funding from one of the state programs funded from the Greenhouse Gas Reduction Fund, or any state program that funds natural and working lands-based carbon sequestration, and that meet minimum program requirements, established by the state board, to ensure they provide carbon removal benefits, but which did not receive funding from the state because of limited availability of funds, may be listed on the registry. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  121. 39740.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    The Natural Resources Agency may create an application process for registry listings, but it must only list projects that meet specified climate and documentation criteria.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.5. (a) The Natural Resources Agency, in collaboration with relevant state agencies and in consultation with diverse stakeholders, may create an application process for applicants to have their projects located in the state listed on the registry. The Natural Resources Agency shall ensure that projects submitted pursuant to the application process meet the following minimum criteria before listing them on the registry: (1) Achieve greenhouse gas reduction or carbon removal. (2) Include monitoring and reporting of carbon removal benefits over time. (3) Improve the state’s resilience to climate change. (4) Project documentation contains all of the following information: (A) The amount of greenhouse gases reduced or carbon sequestered by the proposed project. (B) The duration for which the project will sequester carbon. (C) The location of the proposed project in California. (D) The natural and working landscape type on which the project will occur. (E) The project benefits, including, but not limited to, adaptation to sea level rise, fire, heat, and drought, biodiversity benefits, water security and watershed restoration benefits, and benefits to disadvantaged and low-income communities. (F) Whether the proposed project provides greenhouse gas reduction or carbon removal benefits that are real, verifiable, quantifiable, additional, and permanent. This determination shall be verified by a third party accredited by the state board. (b) A monitoring and reporting system for calculating carbon removal or sequestration or greenhouse gas emission reduction benefits that has already been established by the state board for purposes of receiving state funding from the Greenhouse Gas Reduction Fund shall be sufficient to satisfy the requirements of paragraph (2) of subdivision (a). (c) The Natural Resources Agency shall prioritize the registration of projects that use the latest version of a quantification methodology developed by the state board, where applicable, or an equivalent methodology, approved by the state board. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  122. 39740.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    If a project is funded after being placed on the registry, the Natural Resources Agency must create a way to remove its listing and track completion. The project proponent must notify the agency when the project is completed and provide monitoring and reporting data for the contract term.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.6. If a state or private entity contacts the Natural Resources Agency and chooses to fund a project on the registry, the Natural Resources Agency shall establish a mechanism for retiring the listing of a project from the registry once it is funded and tracking the outcome of the project to ensure it is completed. The project proponent shall notify the Natural Resources Agency when the project is completed, and shall provide to the agency monitoring and reporting data for the duration of the contract terms of the project. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  123. 39740.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    The Natural Resources Agency must track benefits from registry-funded projects, and registry projects cannot generate credits or be used to offset emissions obligations. The agency may also allocate project value proportionally among multiple funders in some cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.7. (a) The Natural Resources Agency shall track carbon removal and greenhouse gas emission reduction benefits derived from projects funded through the registry. (b) Projects listed on the registry shall not create credits for the purposes of market-based compliance mechanisms developed or administered by the state board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and shall not be used by a state or private entity to offset a statutory or regulatory obligation to reduce emissions under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (c) If an entity funds less than the full project cost, or if several entities jointly fund a single project, the agency may assign project value proportionally across multiple project funders. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  124. 39740.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. )

    Verify source ↗

    The Natural Resources Agency may contract with a third-party organization to develop and operate the registry.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 1. Natural and Working Lands [39740 - 39740.8] ( Article 1 heading added by Stats. 2022, Ch. 359, Sec. 1. ) ## 39740.8. The Natural Resources Agency may contract with a third-party organization to develop and operate the registry. (Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
  125. 39741.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    This section defines several terms used in the Carbon Capture, Removal, Utilization, and Storage Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741. For purposes of this article, the following definitions apply: (a) “Carbon dioxide capture, removal, or sequestration project” means a carbon dioxide capture project, a carbon dioxide removal project, or a sequestration project that seeks to provide for the long-term isolation of the carbon dioxide from the atmosphere through storage in a geologic formation. (b) “CCUS technology” means carbon capture, utilization, and storage technology or equipment used for capturing and sequestering carbon dioxide emissions from industrial, commercial, or energy-related facilities or sources. (c) “CDR technology” means carbon dioxide removal, defined as anthropogenic activities that use technologies or engineered strategies to remove carbon dioxide from the atmosphere and put it into long-term storage, including direct air capture. (d) “Program” means the Carbon Capture, Removal, Utilization, and Storage Program established pursuant to Section 39741.1. (Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
  126. 39741.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    The state board must create and run a Carbon Capture, Removal, Utilization, and Storage Program and adopt regulations to implement it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741.1. (a) The state board shall establish a Carbon Capture, Removal, Utilization, and Storage Program to do all of the following: (1) Evaluate the efficacy, safety, and viability of CCUS and CDR technologies and facilitate the capture and sequestration of carbon dioxide from these technologies, where appropriate. (2) Develop monitoring and reporting schedules to state regulatory agencies for carbon dioxide capture, removal, or sequestration projects to ensure efficacy, safety, and viability of the projects. (3) Ensure that all carbon dioxide capture, removal, or sequestration projects include the following, as appropriate: (A) Strategies to minimize, to the maximum extent technologically feasible, copollutant emissions from facilities where CCUS or CDR technology is deployed to ensure that the use of carbon dioxide removal technologies and carbon capture and storage technologies does not have an adverse impact on local air quality and public health, particularly in low-income and disadvantaged communities. (B) Strategies to ensure that carbon dioxide capture, removal, or sequestration projects minimize, to the maximum extent technologically feasible, local water pollution or air pollution from construction- and transportation-related impacts from the projects in communities adjacent to carbon dioxide capture, removal, or sequestration projects, including a geologic storage complex. (C) Strategies to minimize the risk of seismic impacts to, and from, geologic storage projects, including the risk of gas leakage due to seismic activity. (D) Monitoring and reporting of seismic activity related to geologic sequestration of carbon dioxide, and monitoring of sequestered carbon dioxide, including movement within the geologic storage complex, for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. In adopting regulations pursuant to subdivision (c) that pertain to this subparagraph, the state board shall consult with the State Geologist. (E) Monitoring of criteria pollutants and potential toxic air contaminants at the one or more sites within the geologic storage complex and at mobile or fixed sites within the facility, and monitoring of ambient carbon dioxide concentrations over the geologic storage complex to facilitate leak detection. Monitoring required under this section shall continue for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than the completion of the applicable postinjection site care and site closure plan pursuant to Section 146.93 of Title 40 of the Code of Federal Regulations. (F) Projects meet best available control technology requirements as determined by the local air district. (b) In carrying out the objectives of the program, the state board shall prioritize the following: (1) Reducing the emissions of greenhouse gases. (2) Minimizing land use and potential environmental, noise, air quality, water quality, traffic, seismic, and other related impacts, and any potential health and safety risks, to all communities where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located to the maximum extent feasible. (3) Maximizing workforce development and employment opportunities in each community where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located, to the extent feasible. (4) Leveraging private funding sources and public-private partnership structures alongside potential state funding sources. (5) Reducing fossil fuel production in the state. (c) The state board shall adopt regulations to implement this section. (d) In developing the program, the state board shall consult with the Geologic Carbon Sequestration Group established pursuant to Section 2213 of the Public Resources Code. (e) In tracking progress toward the state’s climate targets, the state board shall prevent the double counting of emissions reductions associated with utilizing carbon dioxide that is captured or removed from the atmosphere. The state board may use a state board-approved third-party verifier to satisfy this subdivision. (f) (1) Beginning January 1, 2025, and every two years thereafter, the state board shall report to the Legislature on the progress of the program. The report shall, at a minimum, include an evaluation of potential local environmental impacts and potential long-term leakage impacts as well as recommendations on measures to reduce these impacts of completed carbon dioxide capture, removal, or sequestration projects. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
  127. 39741.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    The state board must create regulations for a unified permit application for certain carbon capture, removal, or sequestration projects, hold public workshops first, and agencies must use the application when issuing related permits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741.2. (a) In furtherance of the objectives in Section 39741.1, on or before January 1, 2025, the state board shall, in consultation with relevant state and local agencies, adopt regulations for a unified permit application for the construction and operation of carbon dioxide capture, removal, or sequestration projects to expedite the issuance of permits or other authorizations for the construction and operation of those projects. The unified permit application shall solicit from applicants, and direct to all relevant state agencies, all information needed to obtain permits and other authorizations from relevant state and local agencies necessary for the construction and operation of a carbon dioxide capture, removal, or sequestration project. An applicant’s use of the unified permit application shall be optional. (b) (1) Before adopting the unified permit application described in subdivision (a), the state board shall conduct at least three public workshops to receive comments from the public. (2) The state board shall design the workshops to allow the public to participate from any location via the internet or a call-in telephone number. (c) The unified permit application developed by the state board pursuant to subdivision (a) shall not impair, abridge, or alter any rights or obligations under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or its implementing regulations, with respect to the review or approval of a carbon dioxide capture, removal, or sequestration project. (d) The unified permit application developed by the state board pursuant to subdivision (a) is for the purpose of efficiency but shall not displace the role of individual permitting agencies and shall not eliminate, abridge, or reduce the review or issuance of the individual permits covered by the application by the respective agencies. As part of the unified permit application, the state board shall, where possible, streamline duplicative administrative requirements or permit application questions. (e) The unified permit application shall be used by relevant state agencies when issuing a permit or other authorization for the construction and operation of a carbon dioxide capture, removal, or sequestration project. (Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
  128. 39741.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    The state board must develop a centralized public database by January 1, 2025.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741.3. In furtherance of the objectives in Section 39741.1, by January 1, 2025, the state board shall develop a centralized public database to track the deployment of CCUS and CDR technologies and the development of carbon dioxide capture, removal, or sequestration projects throughout the state. (Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
  129. 39741.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    The state board may adopt protocols by January 1, 2024 to support additional ways to use or store captured carbon dioxide.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741.4. In furtherance of the objectives in Section 39741.1, by January 1, 2024, the state board may adopt protocols to support additional methods of utilization or storage of captured carbon dioxide, including carbon capture for use in products and in methods as identified by the state board. (Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
  130. 39741.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    The state board must adopt regulations for financial responsibility for carbon dioxide capture, removal, or sequestration projects by January 1, 2025, and those regulations must require operators to maintain financial responsibility for at least 100 years after the last injection date.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741.5. In furtherance of the objectives in Section 39741.1, the state board shall, no later than January 1, 2025, and consistent with Section 71464 of the Public Resources Code, adopt regulations for financial responsibility for carbon dioxide capture, removal, or sequestration project in accordance with Section 71464 of the Public Resources Code that are no less stringent than those contained in Section 146.85 of Title 40 of the Code of Federal Regulations, as that section read on January 1, 2022. The regulations shall require an operator of a carbon dioxide capture, removal, or sequestration projects to maintain financial responsibility for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. (Amended by Stats. 2023, Ch. 131, Sec. 119. (AB 1754) Effective January 1, 2024.)
  131. 39741.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. )

    Verify source ↗

    Carbon dioxide transported by pipeline must use pipelines that meet or exceed State Fire Marshal standards, if the transport is to be recognized by the state board for the referenced requirement.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.3. Carbon Sequestration [39740 - 39741.7] ( Chapter 4.3 added by Stats. 2021, Ch. 237, Sec. 1. ) ## ARTICLE 2. Carbon Capture, Removal, Utilization, and Storage Program [39741 - 39741.7] ( Article 2 added by Stats. 2022, Ch. 359, Sec. 2. ) ## 39741.7. To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code. (Added by Stats. 2025, Ch. 529, Sec. 9. (SB 614) Effective January 1, 2026.)
  132. 39750.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. )

    Verify source ↗

    This section states legislative findings about reducing rice straw burning, improving air quality, and supporting cost-sharing grants for new rice straw technology demonstration projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. ) ## 39750. The Legislature hereby finds and declares that the Connelly-Areias-Chandler Rice Straw Burning Reduction Act was enacted in 1991 to phase down rice straw burning and improve the air quality for the citizens of the state. This creates an additional significant cost to rice growers, with potential adverse impacts on the farming communities, including lost farm production; lost state, local, and federal tax revenues; lost jobs; and reduction of wildlife habitat in the rice fields. The commercial technologies that could utilize straw, making it a commodity rather than a waste disposal problem, have not developed in the rice growing areas because of the lack of marketplace risk capital to take technologies from the laboratory stage to demonstration projects. To retain the public benefits from having a viable rice growing industry in California and to improve air quality, there is a need to provide cost-sharing grants for the development of demonstration projects for new rice straw technologies in the marketplace. (Added by Stats. 1997, Ch. 745, Sec. 1. Effective January 1, 1998.)
  133. 39751.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. )

    Verify source ↗

    The Rice Straw Demonstration Project Grant Fund is created in the State Treasury, and the state board must administer it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. ) ## 39751. The Rice Straw Demonstration Project Grant Fund is hereby created in the State Treasury. The fund shall be administered by the state board for the purpose of developing demonstration projects for new rice straw technologies in the rice straw growing regions of California. (Amended by Stats. 2000, Ch. 1019, Sec. 1. Effective January 1, 2001.)
  134. 39752.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. )

    Verify source ↗

    The state board must provide cost-sharing grants for new rice straw technology demonstration projects, subject to adopted criteria and funding conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. ) ## 39752. The state board shall provide cost-sharing grants for the development of demonstration projects for new rice straw technologies according to criteria developed by the state board, in consultation with the University of California and the Department of Food and Agriculture, and adopted at a noticed public hearing held by the state board. The criteria shall include, but shall not be limited to, all of the following: (a) Proposed projects shall use a technology that could use significant volumes of rice straw annually if it is commercialized, based upon various factors, including potential markets and viability of the technology in meeting market demands. (b) The state board shall provide a grant of not more than 50 percent of the cost for each demonstration project. (c) Public and private support shall be demonstrated for proposed projects, including local community support from the rice growing community where the project would be located. (d) The grants shall be authorized and allocated during the 2000–01, 2001–02, and 2002–03 fiscal years. Grants may be expended, under the grant agreement, during a period not to exceed three years from the date that the grant is awarded. (e) Preference shall be given to projects located within the rice growing regions of the Sacramento Valley and which may be replicated throughout the region. (f) Projects should demonstrate all of the following: (1) Technical and economic feasibility. (2) The capability to become profitable within five years. (3) Cost-effectiveness. (4) The extent to which the program mitigates or avoids adverse environmental impacts. (g) This section shall not become operative until moneys are appropriated for deposit in the Rice Straw Demonstration Project Grant Fund, created pursuant to Section 39751, by the Legislature, or until moneys are transferred to that fund by any other entity. (Amended by Stats. 2004, Ch. 225, Sec. 51. Effective August 16, 2004. Operation of provisions is contingent upon funding, as prescribed in subd. (g).)
  135. 39753.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. )

    Verify source ↗

    The state board may spend up to 10% of the rice straw technology demonstration cost-sharing funds on administrative and project review costs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Rice Straw Demonstration Project [39750 - 39753] ( Chapter 4.5 added by Stats. 1997, Ch. 745, Sec. 1. ) ## 39753. It is the intent of the Legislature that funding for purposes of this chapter be provided in the annual Budget Act. The state board may use not more than 10 percent of the rice straw technology demonstration cost-sharing funds for administrative and project review costs in carrying out the grant program. (Added by Stats. 1997, Ch. 745, Sec. 1. Effective January 1, 1998.)
  136. 39800.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section defines “dollars budgeted” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39800. As used in this chapter, “dollars budgeted” means moneys derived from revenue sources within a district for use in its air pollution control programs. (Repealed and added by Stats. 1975, Ch. 957.)
  137. 39801.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must administer funds appropriated to it for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39801. The state board shall administer, pursuant to this chapter, such funds as may be appropriated to it for the purposes of this chapter. (Repealed and added by Stats. 1975, Ch. 957.)
  138. 39802.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may provide matching subventions to eligible air district programs, subject to per-capita minimum and maximum limits and special rural-district rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39802. (a) The state board may subvene up to one dollar ($1) for every dollar budgeted for use by any of the following: (1) A district whose boundaries include an entire air basin. (2) Districts whose boundaries together include an entire air basin and which are parties to one joint powers agreement or other enforceable agreement which provides for all of the following: (A) Uniform rules and regulations among all districts, excluding administrative rules and regulations. (B) At least four meetings per year of the basinwide air pollution control council formed under Section 40900, or an equivalent procedure for basinwide consideration of policy matters. (C) Suitable sharing of qualified air pollution personnel and equipment. (b) (1) Subventions under this section shall not exceed twenty-three cents ($0. 23) per capita, but shall not be less than eighteen thousand dollars ($18,000) for any district, if the district provides the required matching funds, except as specified in paragraph (2). (2) If a district is a rural district, as defined by the state board, the minimum subvention shall be that specified in Section 39802.5 if the district provides the required matching funds and does one of the following: (A) Has a fee system that fully recovers the district’s cost of issuing and renewing permits, performing source inspections, determining compliance status, and processing variances for stationary sources which emit 25 or more tons annually of any regulated pollutant. (B) Provides its matching funds, for any funds authorized by Section 39802.5 in excess of the dollar amount subvened to the district pursuant to this chapter in fiscal year 1986–87, from an increase in moneys budgeted over the level of funding budgeted for the 1986–87 fiscal year. (c) The merger into a unified or regional district pursuant to this division by any county district shall cause the minimum subvention of the county district to be transferred to the unified district or regional district if the unified district or regional district provides the required matching funds. If portions of a county district are merged into unified or regional districts pursuant to this division, the state board shall apportion, according to population within each portion of the county, the minimum subvention of the county district to the unified districts or regional districts into which the portions of the county district are merged. A unified district or a regional district which has all or a portion of a county district minimum subvention transferred to it under this section may not also receive subventions under the per capita provisions of this section. A subvention made pursuant to Section 39803 shall preclude subvention under this section. (Amended by Stats. 1988, Ch. 675, Sec. 1.)
  139. 39802.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section sets minimum subvention amounts based on the amount appropriated in the Budget Act for district subventions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39802.5. Minimum subventions for purposes of paragraph (2) of subdivision (b) of Section 39802 shall be determined as follows: (a) If the amount appropriated in the Budget Act for district subventions is equal to or less than seven million eleven thousand dollars ($7,011,000), the minimum subvention is eighteen thousand dollars ($18,000). (b) If the amount appropriated in the Budget Act for district subventions is at least seven million five hundred eleven thousand dollars ($7,511,000), the minimum subvention is thirty-four thousand four hundred dollars ($34,400). (c) (1) If the amount appropriated in the Budget Act for district subventions is more than seven million eleven thousand dollars ($7,011,000), but less than seven million five hundred eleven thousand dollars ($7,511,000), the minimum subvention is the sum of (A) eighteen thousand dollars ($18,000) and (B) the product of (i) sixteen thousand four hundred dollars ($16,400) multiplied by (ii) the amount by which the funds budgeted for district subventions exceeds seven million eleven thousand dollars ($7,011,000) divided by five hundred thousand dollars ($500,000). (2) Any portion of the amount appropriated in the Budget Act for district subventions which is more than seven million eleven thousand dollars ($7,011,000), but less than seven million five hundred eleven thousand dollars ($7,511,000), and which is not awarded in accordance with the determination of minimum subventions pursuant to paragraph (1) shall be subvened pursuant to Section 39810 only to rural districts, as defined by the state board. (Added by Stats. 1988, Ch. 675, Sec. 2.)
  140. 39803.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may provide subventions to districts in certain air basins, subject to matching-fund and amount limits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39803. In air basins where funds are not subvened pursuant to Section 39802, the state board may subvene up to two dollars ($2) for every three dollars ($3) budgeted by a district. Subventions under this section shall not exceed eighteen and four-tenths cents ($0.184) per capita, but shall not be less than twelve thousand dollars ($12,000) for any district, if the district provides the required matching funds. Any county district which merged after January 1, 1980, into a unified district or regional district pursuant to this division shall have its minimum subvention under this section transferred to the unified district or regional district if the unified district or regional district provides the required matching funds. A unified district or regional district which has a county district minimum subvention transferred to it under this section may not also receive subventions under the per capita provisions of this section. (Amended by Stats. 1983, Ch. 749, Sec. 2.)
  141. 39804.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may approve a larger subvention in smaller air basins if the cap and local budget conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39804. In air basins having a population of less than 98,000, the state board may subvene more than the specified amount allowed under Section 39802, if the subvention does not exceed forty-five thousand dollars ($45,000) per air basin and each district affected adopts a budget equal to or exceeding twenty-three cents ($0.23) per capita. (Added by Stats. 1975, Ch. 957.)
  142. 39805.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may raise certain dollar limits for air pollution control programs to account for inflation, but only with prior written approval from the Director of Finance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39805. The per capita limits in Sections 39802 and 39803 and the forty-five thousand dollars ($45,000) limit in Section 39804 may be increased by the state board to reflect the effects of inflation on the moneys needed to carry out air pollution control programs. No increase shall be made without the prior written approval of the Director of Finance. (Added by Stats. 1975, Ch. 957.)
  143. 39806.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section lets the state board divert subvention money to itself if a district is found not to be reducing air contaminants, and it allows the board to skip certain proceedings when acting on a district board resolution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39806. (a) Money shall be subvened pursuant to this chapter to districts engaged in the reduction of air contaminants pursuant to the basinwide air pollution control plan and related implementation programs. When the state board finds, pursuant to a resolution from the district board, or upon completion of proceedings conducted by the state board pursuant to Sections 39806.5 and 41500, that the district is not so engaged in the reduction of air contaminants, the subvention, or a portion thereof, which would have been allocated to such district pursuant to Section 39802, 39803, or 39804, plus such additional sum as may be necessary, if moneys are available from appropriations for the purposes of this chapter, shall be allocated to the state board itself to carry out the approved plan or program. (b) The findings of the state board shall be based on criteria established by the state board jointly with the districts for the evaluation of such plans and programs. The criteria shall be less stringent for rural districts, shall be based upon the differences in urban and rural air quality problems, population, and available resources, and shall recognize the transport of air pollutants from metropolitan areas to rural areas. (c) If the state board acts under this section pursuant to a resolution of the district board, it may do so without proceeding under Sections 39806.5 and 41500. (Amended by Stats. 1981, Ch. 982.)
  144. 39806.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Before taking certain actions, the state board must hold a public hearing in the affected air basin, give 45 days’ written notice to specified groups, and issue written findings if it decides to act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39806.5. (a) Before taking any action pursuant to Sections 39806 and 39808, the state board shall hold a public hearing within the air basin affected, upon a 45-day written notice given to the basinwide air pollution control council, if any, the affected districts, the affected air quality planning agencies, and the public. (b) In addition to any other statutory requirements, interested persons shall have the right, at the public hearing to present oral and written evidence and to question and solicit testimony of qualified representatives of the state board on the matter being considered. The state board may, at the public hearing, place reasonable limits on the right to question and solicit testimony. (c) If, after conducting the public hearing required by subdivision (a), the state board determines to take action pursuant to any section enumerated in subdivision (a), the state board shall, based on the record of the public hearing, adopt written findings which explain the action to be taken by the state board, why the state board decided to take the action, and why the action is authorized by, and meets the requirements of, the statutory provisions pursuant to which it was taken. In addition, the findings shall address the significant issues raised or written evidence presented by interested persons or the staff of the state board. The transcript of testimony and exhibits, together with all papers and requests filed in the proceedings, shall constitute the exclusive record for decision by the state board. (d) Subdivisions (a), (b), and (c) shall be applicable to the executive officer of the state board acting pursuant to Section 39515, or to his delegates acting pursuant to Section 39516, with respect to any action taken pursuant to any section enumerated in subdivision (a). (Added by Stats. 1981, Ch. 982.)
  145. 39807.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may reduce a district’s subvention, but only by an amount up to the federal funds granted to that district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39807. The subvention otherwise due a district may be reduced by the state board up to an amount equal to the funds that are granted to the district by the federal government. In so reducing a subvention, the state board shall take into account all of the following factors: (a) The purpose for which the federal funds were granted. (b) The needs of the district in relationship to the needs of other districts. (c) Any special and worthy programs conducted by the district not required by the plan or program approved by the state board pursuant to Section 41500. (d) The severity of air pollution within the district. (e) Any other factors that the state board reasonably determines should be considered. (Amended by Stats. 2000, Ch. 890, Sec. 9. Effective January 1, 2001.)
  146. 39808.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may review subvention-funded district programs and, if funds are not being spent as required, may stop payments, withhold future subventions, sue to recover the money, or assume the district’s powers after notice and a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39808. The state board may review, as it deems necessary, the programs and expenditures by each district receiving a subvention under this chapter to ascertain that the funds budgeted from nonstate sources are in fact being expended substantially in accordance with the budget on which the subvention was based. Where the state board finds that the funds are not being so expended, the state board may, after a public hearing held pursuant to Section 39806.5 do any of the following: (a) Cease any further payments under the subvention. (b) Withhold future subventions. (c) Bring an action against the district, or the counties or cities supporting the district, to recover the subvention paid that fiscal year. (d) Assume the powers of the district after it has held a public hearing upon a 45-day written notice given to the basinwide air pollution control council, if there is such a council, and to the affected districts. (Amended by Stats. 1981, Ch. 982.)
  147. 39809.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may allocate enough money to itself to run the subvention program and conduct authorized reviews.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39809. The state board may allocate to itself sufficient moneys to administer the subvention program under this chapter and to conduct reviews authorized by Section 39808. (Added by Stats. 1975, Ch. 957.)
  148. 39810.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may use certain unallocated money for supplemental subventions, and may also use it for other nonvehicular-source control purposes in its discretion.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39810. Any moneys not otherwise subvened or allocated by the state board pursuant to this chapter may be used for supplemental subventions, upon application, up to a one-to-one matching basis or, in the state board’s discretion, for any other purpose related to the control of nonvehicular sources. Matching supplemental subventions having unusual merit shall be given preference over expenditures for other purposes. In making supplemental subventions, the state board may consider federal grants received by the applicant and by other districts. (Repealed and added by Stats. 1975, Ch. 957.)
  149. 39811.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Money appropriated to the state board for this chapter that is not allocated during the fiscal year must revert to the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Air Pollution Control Subvention Program [39800 - 39811] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 39811. Any moneys appropriated to the state board for expenditure under this chapter not allocated during the fiscal year shall revert to the General Fund. (Added by Stats. 1975, Ch. 957.)
  150. 39910.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. )

    Verify source ↗

    The Legislature states that California should have a unified, coordinated, and expedited process for districts to retrofit electrical generating facilities while protecting public health and the environment and complying with applicable laws and regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. ) ## 39910. The Legislature finds and declares that it is in the interests of the people of the State of California to ensure that the state board establish a unified, coordinated, and expedited process for districts to retrofit electrical generating facilities in a manner that protects public health and the environment and that complies fully with applicable federal and state statutes and regulations. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. Effective May 22, 2001.)
  151. 39915.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. )

    Verify source ↗

    The state board must set a retrofit schedule for electric generation facilities by July 1, 2002, and the schedule must require mandated retrofits to be finished by December 31, 2004 unless a later date is needed to maintain electric system reliability.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. ) ## 39915. On or before July 1, 2002, the state board, in consultation with air quality management districts, air pollution control districts, and the Independent System Operator, shall establish a schedule for the retrofit of electric generation facilities pursuant to retrofit criteria and procedures established under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) or this division. The schedule shall require completion of any mandated retrofits by December 31, 2004, or such later date as the state board, in consultation with the Independent System Operator, air pollution control districts, air quality management districts, and the owners and operators of electrical generating facilities determines is necessary to maintain electric system reliability. Nothing in this section is intended to require the retrofit of a generation facility that could not be required to be retrofitted by an air quality management district or air pollution control district under the law in effect on the effective date of the act adding this chapter during the 2001-02 First Extraordinary Session. The state board shall suspend the deadline for the completion of a retrofit of an electrical generation unit scheduled pursuant to this section if it determines all of the following: (a) The owner of the generation unit proposes to replace or repower the generation unit in a manner that complies with all applicable laws and regulations. (b) The owner has filed the necessary applications for permits for such replacement or repower prior to the suspension of the deadline for the completion of the required retrofits. (c) The owner is diligently proceeding with the replacement or repower of the unit and the state board determines that the replacement or repower will be completed. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. Effective May 22, 2001.)
  152. 39920.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. )

    Verify source ↗

    The state board must set up a program to track emission reduction credits and support banking, trading, and purchasing of those credits, and it must establish criteria for a state credits bank.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. ) ## 39920. On or before July 1, 2001, the state board shall implement a program for tracking the emission reduction credits made available by the program required under Section 39915, and for facilitating the banking, trading, and purchasing of those credits in order to expedite the construction of new, clean generating facilities in the state. The state board shall establish criteria for the development of a state emission reduction credits bank, which shall ensure that a specified percentage of emission reduction credits created pursuant to section 39915 be contributed to the bank for the purpose of making emission reduction credits available for new, clean generation capacity. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. Effective May 22, 2001.)
  153. 39930.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. )

    Verify source ↗

    The state board must prepare and submit a report to the Legislature by January 1, 2004, after consulting listed agencies and other stakeholders, and it cannot submit the report until an external scientific peer review step is completed.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Expedited Air Quality Improvement Program for Electrical Generation [39910 - 39930] ( Chapter 7 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. ) ## 39930. (a) The state board shall, not later than January 1, 2004, in consultation with the State Department of Health Services, the Office of Environmental Health Hazard Assessment, the State Energy Resources Conservation and Development Commission, any other state agency the state board determines is appropriate, affected indoor emission sources, and interested members of the public, provide a report to the Legislature summarizing all of the following: (1) The best scientific information available including, but not limited to, the most recent empirical data, on indoor air pollution including, but not limited to, air contaminants that have been identified as toxic air contaminants pursuant to Sections 39655, 39657, or 39660, or air contaminants for which the state board has adopted ambient air quality standards. (2) The potential adverse effects of indoor air pollution exposure on public health in the state, including, but not limited to, vulnerable populations, including, but not limited to, elderly persons, infants, and children, based upon the information described in paragraph (1). (3) Readily available information about the effects of existing regulations and current industry practices in mitigating those exposures. (4) A listing that references work performed by other state or federal entities regarding biological and radiological substances, including a summary of activities conducted by the State Department of Health Services pursuant to Chapter 18 (commencing with Section 26100) of Division 20. (b) The report described in subdivision (a) shall include all of the following: (1) A list of indoor air pollutants that are described in the summaries provided pursuant to paragraphs (1) and (4) of subdivision (a). (2) A list of indoor air pollutants, as defined in Section 39013, ranked in groups designated as high, medium, and lower priorities, that the state board has determined, based upon empirical data or other scientific information, are likely to have the most significant adverse impacts on human health through exposures in schools, nonindustrial workplaces, homes, and other indoor locations, and the probable source categories for these pollutants. (3) An analysis of the indoor emissions, indoor exposures, and potential health effects from the indoor source categories described in paragraph (1), and options for mitigating those health effects in schools, nonindustrial workplaces, homes, and other indoor locations, including, but not limited to, a discussion of the feasibility and public health effects of implementing each option. (4) A description of options for schools and school districts to improve indoor air quality in public schools. The state board shall develop these options in consultation with representatives from school district facility departments, school district maintenance departments, and statewide educational organizations. (c) (1) The state board shall enter into an agreement with the National Academy of Sciences, the University of California, the California State University, or a similar institution of higher learning that has scientific expertise, any combination of those entities, or with a scientist or group of scientists of comparable stature and qualifications that is recommended by the President of the University of California, to conduct an external scientific peer review of the scientific basis for the report described in subdivision (a). (2) The state board may not submit the report to the Legislature until all of the following conditions are met: (A) The draft report is submitted to the external scientific peer review entity described in paragraph (1) for evaluation. (B) The external scientific peer review entity, within the timeframe agreed upon by the board and the external scientific peer review entity, prepares written comments that contain an evaluation of the scientific basis for the draft report. If the state board disagrees with any aspect of the findings of the external scientific peer review entity, the state board shall include as part of the final report, an explanation of its basis for arriving at that determination, including, but not limited to, the reasons that the state board determined that the report was based on sound scientific knowledge, methods, and practices. (d) The state board shall present and review the content of the report described in subdivision (a) at a public meeting prior to providing the report to the Legislature. (Added by Stats. 2002, Ch. 987, Sec. 2. Effective January 1, 2003.)
  154. 39940.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. )

    Verify source ↗

    The state board must run a pilot program using wayside remote sensing devices to determine locomotive emissions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. ) ## 39940. (a) The state board shall implement a pilot program to determine emissions from locomotives, using wayside remote sensing devices. The objectives of the pilot program are to determine whether remote sensing devices can accurately and replicably determine, with a reasonable level of precision: (1) The levels of nitrogen oxides, particulate matter, and carbon monoxide emissions from locomotives. (2) Whether a locomotive is subject to tier 0, 1, or 2 federal certification standards. (3) Whether the measured results can be calibrated to determine whether the locomotive emissions are above or below the applicable federal emissions certification levels. (b) The state board shall design and implement the pilot program in consultation with the advisory group established pursuant to Section 39941. (c) The pilot program shall collect sufficient data to ensure that a representative sample of locomotives operating in the state are tested, so that there is a sufficient basis for the state board to meet the objectives and to make the determinations that are set forth in subdivision (a). Data collection shall, at a minimum, be performed under representative conditions in northern and southern California. (Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
  155. 39941.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. )

    Verify source ↗

    The state board must create an advisory group for the pilot program, with membership and appointment rules set out in the section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. ) ## 39941. The state board shall establish an advisory group to make recommendations to the state board regarding the design and implementation of the pilot program. (a) The advisory group shall consist of an even number of members, not to exceed 14, as determined by the boards of the South Coast Air Quality Management District and the Sacramento Metropolitan Air Quality Management District. (b) The advisory group shall consist of recognized experts in the field of remote sensing and locomotive engine technology, and representatives of citizen community groups, representatives of the South Coast Air Quality Management District, and representatives of the Sacramento Metropolitan Air Quality Management District. The advisory committee may also include representatives of the Union Pacific Railroad and the Burlington Northern Santa Fe Railway. (c) The advisory group shall be appointed by the South Coast Air Quality Management District and the Sacramento Metropolitan Air Quality Management District. If the Union Pacific Railroad and Burlington Northern Santa Fe Railway choose to participate, 50 percent of the members of the advisory group shall be appointed by the Union Pacific Railroad and Burlington Northern Santa Fe Railway and 50 percent shall be appointed by the South Coast Air Quality Management District and the Sacramento Metropolitan Air Quality Management District. (Amended by Stats. 2006, Ch. 538, Sec. 398. Effective January 1, 2007.)
  156. 39942.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. )

    Verify source ↗

    The state board may hire an independent entity to run the pilot program, must oversee that entity’s work, and must implement the program with consultation from the advisory group.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. ) ## 39942. The state board may contract with an independent entity to conduct the pilot program specified in Section 39940, and shall oversee the work of the independent entity. The state board shall implement the pilot program in consultation with the advisory group established pursuant to Section 39941 to review the design of the pilot program and to ensure quality control in collection, reporting, and evaluation of data. (Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
  157. 39943.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. )

    Verify source ↗

    The state board must submit a report to the Legislature by December 31, 2006, summarizing pilot-program data and its determination on whether remote sensing devices can meet the pilot program’s objectives.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. ) ## 39943. (a) On or before December 31, 2006, the state board shall submit a report to the Legislature that includes both of the following: (1) A summary of data acquired through the pilot program. (2) The state board’s determination as to whether the remote sensing devices can meet the objectives of the pilot program stated in Section 39940. (b) If the state board determines that remote sensing devices can be expected to meet objectives of the pilot program stated in Section 39940 to an extent reasonably sufficient to allow the state board to make the following projections and recommendations, the report shall also include both of the following: (1) To the extent feasible, a projection of the amount, location, and timing of emission reductions that could be expected from the use of remote sensing devices to identify locomotives to be repaired or maintained. (2) A projection of the cost to deploy, maintain, and use data from, a system of remote sensing devices in areas of high priority in the state, as determined by the state board, recommendations regarding the funding of such a program, and the expected cost-effectiveness of such a program compared to other opportunities for air quality improvement in the covered areas. (Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
  158. 39944.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. )

    Verify source ↗

    Three entities must reimburse the state board for pilot program costs, with specific cost-sharing caps for the railroads and the district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 2. STATE AIR RESOURCES BOARD [39500 - 39944] ( Part 2 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Remote Sensing Pilot Program [39940 - 39944] ( Chapter 8 added by Stats. 2005, Ch. 574, Sec. 1. ) ## 39944. The South Coast Air Quality Management District, the Union Pacific Railroad, and the Burlington Northern Santa Fe Railway shall each reimburse the state board for its costs of implementing the pilot program established pursuant to this chapter. The Union Pacific Railroad and the Burlington Northern Santa Fe Railway shall reimburse the state board for 25 percent of those costs, but the reimbursement shall not to exceed a total of two hundred thousand dollars ($200,000) for both railroads. The South Coast Air Quality Management District shall reimburse the state board for the balance of the costs of implementing the pilot program, but the reimbursement shall not exceed a total of three hundred thousand dollars ($300,000). Funds provided by the Union Pacific Railroad and Burlington Northern Santa Fe Railway shall be used only to reimburse the state board for the costs of planning, implementing, evaluating, and reporting the results of, the pilot program as it relates to the testing of locomotives operated by those railroads. (Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
  159. 4.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says earlier actions or proceedings, and rights already accrued, are not affected, but later procedure in those matters should follow this code as closely as possible.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 4. Any action or proceeding commenced before this code takes effect, and any right accrued, is not affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code as far as possible. (Enacted by Stats. 1939, Ch. 60.)
  160. 40000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Local and regional authorities are primarily responsible for controlling air pollution from non-motor-vehicle sources, while the state board is responsible for motor vehicle emissions unless this division provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40000. The Legislature finds and declares that local and regional authorities have the primary responsibility for control of air pollution from all sources, other than emissions from motor vehicles. The control of emissions from motor vehicles, except as otherwise provided in this division, shall be the responsibility of the state board. (Repealed and added by Stats. 1975, Ch. 957.)
  161. 40001.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Air pollution control districts must adopt and enforce air quality rules, enforce applicable law, and include a process for approving equivalent alternative compliance methods.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40001. (a) Subject to the powers and duties of the state board, the districts shall adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by emission sources under their jurisdiction, and shall enforce all applicable provisions of state and federal law. (b) The district rules and regulations may, and at the request of the state board shall, provide for the prevention and abatement of air pollution episodes which, at intervals, cause discomfort or health risks to, or damage to the property of, a significant number of persons or class of persons. (c) Prior to adopting any rule or regulation to reduce criteria pollutants, a district shall determine that there is a problem that the proposed rule or regulation will alleviate and that the rule or regulation will promote the attainment or maintenance of state or federal ambient air quality standards. (d) (1) The district rules and regulations shall include a process to approve alternative methods of complying with emission control requirements that provide equivalent emission reductions, emissions monitoring, or recordkeeping. (2) A district shall allow the implementation of alternative methods of emission reduction, emissions monitoring, or recordkeeping if a facility demonstrates to the satisfaction of the district that those alternative methods will provide equivalent performance. Any alternative method of emission reduction, emissions monitoring, or recordkeeping proposed by the facility shall not violate other provisions of law. (3) If a district rule specifies an emission limit for a facility or system, the district shall not set operational or effectiveness requirements for any specific emission control equipment operating on a facility or system under that limit. Any alternative method of emission reduction, emissions monitoring, or recordkeeping proposed by the facility shall include the necessary operational and effectiveness measurement elements that can be included as permit conditions by the district to ensure compliance with, and enforcement of, the equivalent performance requirements of paragraphs (1) and (2). Nothing in this subdivision limits the district’s authority to inspect a facility’s equipment or records to ensure operational compliance. This paragraph shall apply to existing rules and facilities operating under those rules. (Amended by Stats. 1996, Ch. 442, Sec. 1. Effective January 1, 1997.)
  162. 40002.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county district must continue to exist in every county, unless the whole county is already within one of the listed air districts. If only part of a county is covered, the uncovered part must have a county district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40002. (a) There is continued in existence and shall be, in every county, a county district, unless the entire county is included within the Antelope Valley district, the bay district, the Mojave Desert district, the south coast district, the Sacramento Metropolitan Air Quality Management District, the San Joaquin Valley Air Quality Management District, if that district is created, a regional district, or a unified district. (b) If only a part of the county is included within the Antelope Valley district, the bay district, the south coast district, the Mojave Desert district, the San Joaquin Valley Air Quality Management District, if that district is created, a regional district, or a unified district, there is in that part of the county not included within any of those districts a county district, for which different air quality rules and regulations may be required. (Amended by Stats. 2000, Ch. 729, Sec. 3. Effective January 1, 2001.)
  163. 40003.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county may be part of multiple districts, but it may not be in more than one county district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40003. A county may be in two or more districts, but not in two or more county districts. (Repealed and added by Stats. 1975, Ch. 957.)
  164. 40004.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may sponsor, coordinate, and promote projects aimed at preventing, reducing, or curing the harmful effects of air pollution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40004. A district may sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. (Added by Stats. 2011, Ch. 586, Sec. 1. (SB 170) Effective January 1, 2012.)
  165. 40005.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may negotiate IP and revenue-sharing benefits from the use of district funds, but must deposit proceeds into a special account and use them only for specified air-pollution purposes. The district also has reporting duties, a reimbursement duty in some purchases or licenses, and an exception for certain education contracts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40005. (a) A district may negotiate what share, if any, of the intellectual property, or benefits resulting from intellectual property, developed from the use of district funds, including funds discharged as grants, will accrue to that district. (b) A district may negotiate revenue sharing agreements with recipients of district funds, including the collection of royalties. Proceeds obtained by the district from these revenue sharing agreements shall accrue to the district and be deposited into a special account that may only be used, subject to the district’s ability to recover its expenses and its administrative costs, for any of the following purposes: (1) To fund projects pursuant to Section 40004 that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. (2) To fund projects to reduce or mitigate air pollution through the development or implementation of pollution controls, low or zero polluting fuels or technologies, or pollution prevention measures. (c) A district shall not receive a benefit pursuant to this section in excess of the amount of the district’s investment in the development of a process, machine, or article of manufacture, if the district adopts a rule or regulation that mandates the use of that process, machine, or article of manufacture and that regulation or rule was adopted after the development of the process, machine, or article of manufacture. (d) If the state or a subdivision of the state purchases or licenses a process, machine, or article of manufacture for which a district accrues a benefit resulting from an intellectual property interest negotiated pursuant to subdivision (a) or (b), upon the request of the Department of General Services, the district shall prepare reimbursement to the General Fund for the amount of the benefit accrued. (e) (1) A district that attempts to negotiate for benefits pursuant to this section shall report annually to the Legislature. The report shall include all of the following: (A) The number of district-funded projects and the number of district-funded projects for which a benefit was negotiated, regardless of the outcome of the negotiation. (B) The outcome of all negotiations regarding intellectual property pursuant to this section, including agreed terms for revenue sharing. (C) A list of all district-funded projects from previous years that have resulted in a benefit pursuant to this section, if any, and the total amount of that benefit to date. (2) A district may include a report required by this section as part of another report submitted to the Legislature by the district. (f) This section does not apply to a contract governed by Chapter 14.27 (commencing with Section 67325) of Part 40 of Division 5 of Title 3 of the Education Code. (g) Subdivisions (a) to (f), inclusive, of this section shall become inoperative on January 1, 2017. An agreement made pursuant to this section prior to January 1, 2017, shall remain in effect for the duration of the agreement. (Added by Stats. 2011, Ch. 586, Sec. 2. (SB 170) Effective January 1, 2012. Inoperative January 1, 2017, as provided in subd. (g).)
  166. 40006.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may send required public notices electronically instead of by mail, but it must mail notices to anyone who asked for mail delivery.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [40000 - 40006] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 40006. (a) A district may send electronically instead of by mail a public notice required pursuant to this division. (b) A district shall send a public notice by mail to any person who has requested the notices to be sent by mail. (c) If a district does send a public notice electronically pursuant to subdivision (a), the district board shall adopt, and update as needed, procedures for a person to request public notices to be sent by mail and to update an electronic mail address. (Added by Stats. 2018, Ch. 59, Sec. 2. (SB 1502) Effective January 1, 2019.)
  167. 40100.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county board of supervisors serves as the county district board, except where Sections 40100.5 and 40100.6 provide otherwise.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40100. (a) Except as provided in Sections 40100.5 and 40100.6, a county board of supervisors shall be ex officio the county district board of the county. (b) The section shall become operative on March 1, 2021. (Repealed (in Sec. 2) and added by Stats. 2019, Ch. 744, Sec. 3. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.)
  168. 40100.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    County district governing boards must include city and county representatives, with set selection rules and population-based fallback composition rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40100.5. (a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors. (b) The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county and by a majority of the cities that contain a majority of the population in the incorporated area of the district. (c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district. (d) (1) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating. (2) In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to serve and vote in place of the member who is absent or is disqualified from participating. (3) The members of the governing board who are county supervisors shall be selected by the county. (e) (1) This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994. (2) The membership of the governing board for the San Diego County Air Pollution Control District shall be determined pursuant to Section 40100.6. (f) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows: (1) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors. (2) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors. (3) The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision (d). (4) For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer. (g) This section shall become operative on March 1, 2021. (Repealed (in Sec. 4) and added by Stats. 2019, Ch. 744, Sec. 5. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.)
  169. 40100.5.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    County district board members are entitled to expense reimbursement, and the board may approve limited compensation and later increases within stated caps.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40100.5.5. (a) (1) Each member of a county district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties. (2) The county district board shall not provide reimbursement for expenses pursuant to this subdivision to a member of the board if the member receives any reimbursement for the expenses covered by paragraph (1) by another entity. (b) (1) In addition to the reimbursement for expenses provided pursuant to subdivision (a), upon adoption of a resolution by a county district board at an open regular meeting, each member of the county district board shall receive compensation of up to two hundred dollars ($200) per day attending meetings of the county district board or any committee of the county district board, or, upon authorization of the county district board, while engaged in the official business of the county district, but that compensation shall not exceed seven thousand two hundred dollars ($7,200) per board member in any one year. (2) The compensation of each member of the county district board may be increased beyond the amounts provided in paragraph (1) by the county district board at an open regular meeting, but the amount of the increase shall not exceed the greater of either of the following: (A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation. (B) Beginning January 1, 2026, an amount not to exceed 10 percent for each calendar year that is equal to the annual change in inflation as determined by the California Consumer Price Index for the area where the district board is located. (3) The county district board shall not provide for automatic future increases in compensation for its members. (4) The county district board shall not provide compensation pursuant to this subdivision to a member of the board if the member receives any compensation specifically provided for activities described in paragraph (1) from another entity. (c) The reimbursement for expenses and compensation provided for in this section only applies to members of a county district board whose membership is determined pursuant to Section 40100.5. (d) (1) Each county district board that elects to provide compensation to its board pursuant to subdivision (b) shall submit a report to the relevant committees of the Legislature within three years of the commencement of that compensation. (2) The report shall include, but is not limited to, the following information: (A) An assessment of whether providing the compensation changed the composition of the board membership and their backgrounds. (B) An assessment of whether providing compensation improved the engagement and ability of board members to carry out their responsibilities on matters pertaining to the county district. (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 366, Sec. 1. (AB 471) Effective January 1, 2026.)
  170. 40100.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section sets how the San Diego County Air Pollution Control District governing board is appointed, who may serve, how long members serve, how much they may be paid, and when the board must consult and designate a liaison for the military.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40100.6. (a) The 11 members of the San Diego County Air Pollution Control District governing board shall be appointed as follows: (1) Two members representing the board of supervisors as appointed by a majority of the board of supervisors. (2) The mayor or a city council member at large from the City of San Diego. (3) (A) One mayor or city council member from each of the five supervisorial districts. Notwithstanding Sections 50272 and 50275 of the Government Code, those five members shall be selected by city selection committee members representing the cities of that supervisorial district. (B) A city shall not have more than two members appointed pursuant to the process described in this paragraph. (4) Three public members shall be appointed by the members appointed pursuant to paragraphs (1) to (3), inclusive, at a public hearing. The public members shall be appointed according to the following: (A) One public member shall be a physician or public health professional actively practicing within the boundaries of the San Diego County Air Pollution Control District. The member’s specialty shall be in the health effects of air pollution on vulnerable populations. (B) One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the San Diego County Air Pollution Control District that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations. This member may be a resident of that community and have a demonstrated record of community leadership. (C) One public member shall be a person with a scientific or technical background in air pollution, such as an environmental engineer, chemist, meteorologist, or air pollution specialist. (b) All members shall be appointed on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with the air pollution problems of the San Diego Air Basin. (c) All members shall reside within the boundaries of the San Diego County Air Pollution Control District. (d) (1) Each member of the San Diego County Air Pollution Control District shall serve a four-year term and until that member’s successor is appointed. (2) Notwithstanding paragraph (1), on the first board meeting in the 2029 calendar year, the governing board clerk shall conduct a random drawing to select two members appointed pursuant to paragraph (3) of subdivision (a) and two members appointed pursuant to paragraph (4) of subdivision (a) to serve a two-year term and until that member’s successor is appointed. (e) (1) Each member of the San Diego County Air Pollution Control District governing board shall receive compensation of up to two hundred dollars ($200) for each day, or a portion thereof, but not to exceed two thousand dollars ($2,000) per month, while attending meetings of the district governing board or any committee of the district governing board or, upon authorization of the district governing board, while on official business of the San Diego County Air Pollution Control District, and the actual and necessary expenses incurred in performing the member’s official duties. An increase in compensation to an amount greater than one hundred dollars ($100) for each day or one thousand dollars ($1,000) per month shall be approved by the district governing board at an open regular meeting. (2) The compensation of each member of this district governing board may be increased beyond the amount provided in paragraph (1) by the district governing board at an open regular meeting by an amount not to exceed the greater of either of the following: (A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation. (B) Beginning January 1, 2025, an amount not to exceed 10 percent for each calendar year that is equal to the annual change in inflation as determined by the California Consumer Price Index. (3) The district governing board shall not provide for automatic future increases in compensation for its members. (f) Each appointing authority described in subdivision (a) may designate an alternate member to serve in place of the regular member when the regular member is absent or disqualified from participating. When serving in place of the appointed member, the alternate member may vote and may receive compensation and expenses pursuant to subdivision (e). An alternate member may be designated pursuant to this subdivision only if the alternate member meets the same qualifications applicable to the regular member. (g) (1) A vacancy on the San Diego County Air Pollution Control District governing board shall be filled by appointment in the same manner as the vacating member was appointed. (2) A member of the San Diego County Air Pollution Control District governing board may be removed at any time in the same manner as the member was appointed. (h) (1) The San Diego County Air Pollution Control District governing board shall consult with the United States Navy, the United States Marine Corps, and the United States Coast Guard on all permitting, rules, regulations, and planning issues that have the potential to impact the mission of the United States Navy, the United States Marine Corps, and the United States Coast Guard. (2) The San Diego County Air Pollution Control District governing board shall designate, after consultation with the United States Armed Forces, one member to serve as the liaison to the United States Navy, the United States Marine Corps, and the United States Coast Guard. The liaison shall report to the San Diego County Air Pollution Control District governing board as necessary to inform the governing board of any issues with the activities described in paragraph (1) and of any potential resolution to those issues. (Amended by Stats. 2025, Ch. 160, Sec. 1. (AB 652) Effective January 1, 2026.)
  171. 40100.6.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district must create and maintain a separate website and post or publish specified permit, enforcement, complaint, monitoring, and report information on deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40100.6.5. (a) The San Diego County Air Pollution Control District, in addition to all other duties required of the San Diego County Air Pollution District pursuant to this division and any other law, shall do all of the following: (1) Create and maintain an internet website separate from the County of San Diego internet website and migrate all of the existing data by December 2021, including all of the following: (A) Agendas and minutes of the governing board of the San Diego County Air Pollution Control District. (B) All current permit information in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process. Permitted potential maximum emissions shall be included along with actual emissions if available. (C) (i) All applications for an authority to construct or a permit to operate. (ii) By July 1, 2020, the San Diego County Air Pollution Control District shall post all applications for an authority to construct or a permit to operate within three business days of their receipt and shall accept and consider all public comments received before the district takes final action on the approval of the applications. This clause does not require the San Diego County Air Pollution Control District to respond to comments except as otherwise provided by law. (D) All settled enforcement actions in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process. (E) (i) The face sheets of notices of violation or notices to comply. (ii) The district shall post the face sheets 30 days after the issuance of the notices. Notices found to be issued in error within 30 days of issuance shall not be posted. (F) All documents related to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Part 6 (commencing with Section 44300)), including all of the following: (i) Air toxics emissions inventory reports and plans submitted by each facility pursuant to Chapter 3 (commencing with Section 44340) of Part 6 that are completed and approved by the district. (ii) Completed health risk assessments submitted by each facility pursuant to Chapter 4 (commencing with Section 44360) of Part 6. (iii) A copy of the public notification provided by facility, as required by the San Diego County Air Pollution Control District’s rules and guidelines, and documentation of the required notice to exposed persons. (iv) Airborne toxic risk reduction audit and plans submitted by each facility pursuant to Chapter 6 (commencing with Section 44390) of Part 6 that are completed and approved by the district. (G) The San Diego County Air Pollution Control District budget, including revenue and expense projections and actuals. (2) Apply for statewide grant and incentive programs, including, but not limited to, all of the following: (A) Programs allocating moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (B) Programs administered by the state board. (C) Programs administered by the United States Environmental Protection Agency. (D) Enhanced Fleet Modernization Program (Article 11 (commencing with Section 44124) of Chapter 5 of Part 5). (3) Evaluate the current public complaint process and provide, by December 2021, a recommended plan for updating that public complaint process, including all of the following components: (A) A 24-hour hotline. (B) Response to complaints within 48 hours or less. (C) Whistleblower and public complainant protections. (D) (i) The posting of complaints and their resolution on the San Diego County Air Pollution Control District internet website, required pursuant to paragraph (1). (ii) Information regarding the complaints that are posted shall consist of all the following: (I) The date and time of the complaint. (II) The general nature of the complaint. (III) The closest intersection to the site of the complaint. (iii) The name of the company or facility that is the subject of the complaint shall not be posted. (4) (A) Develop, no later than December 2021, a plan for a comprehensive air monitoring program. The plan shall include an evaluation of monitor locations in the most impacted communities and the monitoring of other air pollutants, such as speciated carbon particulate matter and toxic air contaminants, including metals. (B) Air monitoring data shall be made available to the public on the San Diego Air Pollution Control District’s internet website within a reasonable period of time not to exceed 14 months from the date of collection. The governing board of the San Diego County Air Pollution Control District shall establish an air monitoring data program that will define reasonable timeframes for the posting of all air monitoring data based on testing methodology and ensure data is accessible and understandable to the public. (5) Publish an annual air quality report that includes all of the following: (A) Levels of criteria and noncriteria air pollutants, air toxics from monitors, and other sources of information. (B) Enforcement actions. (C) Revenue secured. (D) Program outcomes. (E) Emissions reduction progress. (6) Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers. (7) (A) Prepare, no later than July 1, 2021, a report for consideration by the San Diego County Air Pollution Control District governing board that summarizes all of the actions taken on applications for an authority to construct or a permit to operate in the 2020 calendar year, including the number of applications, timing of actions on applications, and number of public comments submitted. (B) Consider, based upon the report prepared pursuant to subparagraph (A), amendments to San Diego County Air Pollution Control District’s rules to ensure adequate opportunity for public comment on applications within the district’s deadline for action on those applications. (b) No later than June 1, 2021, the state board shall complete a program audit of the San Diego County Air Pollution Control District for the years 2013 to 2018, inclusive. (Amended by Stats. 2020, Ch. 370, Sec. 203. (SB 1371) Effective January 1, 2021.)
  172. 40100.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county district is exempt from Section 40100.5 if every city in the county consents by ordinance or resolution, but it must form an advisory committee within 60 days if the cities request it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40100.7. (a) Section 40100.5 shall not apply to a county district if each city in the county consents, by the adoption of an ordinance or resolution, to the exclusion of the county district from the requirements of Section 40100.5. (b) Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the county to exclude the county district from the requirements of Section 40100.5, if requested by a majority of the cities in the county, the county district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the county. The members shall be selected by the city selection committee. (c) Subdivision (a) shall become inapplicable, and Section 40100.5 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the county, as established by the most recent census data, have adopted resolutions requesting the application of Section 40100.5. (Amended by Stats. 1995, Ch. 91, Sec. 80. Effective January 1, 1996.)
  173. 40101.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county board of supervisors may give funds to its county air pollution control district, and the district may enter agreements with the county for support services.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40101. (a) (1) The board of supervisors of a county in which a county district is functioning may appropriate funds to the county district, which funds shall be deposited in the treasury of the county district. (2) All such appropriations are legal charges against the county. (b) A county district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with the county in which the county district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county provided to the county district prior to July 1, 1994. (Amended by Stats. 1994, Ch. 260, Sec. 2. Effective July 21, 1994.)
  174. 40102.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county district entirely inside another qualifying district must stop operating and stop exercising its powers when the other district starts operating.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40102. A county district which is included entirely within another district created by special law, or pursuant to Chapter 5 (commencing with Section 40300), shall cease to function and exercise its powers upon the date the other district commences to function and exercise its powers. (Added by Stats. 1975, Ch. 957.)
  175. 40103.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a county district stops functioning because it is entirely inside a regional district, the regional district takes over the county district’s funds, property, and obligations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40103. When a county district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5 (commencing with Section 40300), the regional district shall succeed to all the funds, property, and obligations of the county district. Where the county district is included within two or more such regional districts, the funds, property, and obligations of the county district shall be apportioned to the regional districts as agreed upon by the regional districts and county district. (Added by Stats. 1975, Ch. 957.)
  176. 40104.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county may delegate air pollution rulemaking and enforcement duties to a qualifying joint powers authority.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Administration [40100 - 40104] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40104. Notwithstanding any other provision of law, a county may delegate air pollution rulemaking and enforcement duties to a duly created joint powers authority established for air pollution control purposes of which the county is a member. (Added by Stats. 1991, Ch. 1201, Sec. 6. Conditionally operative by Sec. 1 of Ch. 1201, as amended by Stats. 1992, Ch. 765.)
  177. 40120.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    County officers and employees are treated as officers and employees of the county district, and they must do those district duties without extra pay, unless this division says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40120. All county officers and employees shall be ex officio officers and employees, respectively, of the county district in the county by which they are employed. Except as otherwise provided in this division, they shall perform, without additional compensation, for the county district such duties as they perform for the county. (Added by Stats. 1975, Ch. 957.)
  178. 40121.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    When setting compensation for a civil service employee covered by this article, the county district board must set a salary or wage equal to that paid to a county employee for the same quality of service.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40121. In fixing compensation to be paid to a person subject to the civil service provisions of this article, the county district board shall provide a salary or wage equal to the salary or wage paid to a county employee for the same quality of service. This section shall be operative only in a county which is operating under a freeholders’ charter which requires that, in the fixing of salaries or wages for persons employed by the county subject to the civil service system of the county, the board of supervisors shall provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered by private persons under similar employment in case such prevailing salary or wage can be ascertained. (Added by Stats. 1975, Ch. 957.)
  179. 40122.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Officers and employees of a county district are entitled to the benefits of the County Employees Retirement Law of 1937, at the same level as county employees.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40122. All officers and employees of a county district are entitled to the benefits of the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450), Part 3, Division 4, Title 3 of the Government Code) to the same extent as employees of the county. A county district is a district as defined in Section 31468 of the Government Code. (Added by Stats. 1975, Ch. 957.)
  180. 40123.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a person is hired by a county district after certification without examination due to similar prior county or city duties, that earlier service must count as county district service for retirement benefits and salary.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40123. If any person is employed by a county district after certification without examination by the civil service commission or similar body because of his employment in a position of similar duties by the county or by a city within the county district, the time such person was employed in such county or city position shall be considered as time such person was employed by the county district in determining his retirement benefits and salary. (Added by Stats. 1975, Ch. 957.)
  181. 40124.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    In counties with civil service, the county district board must appoint the hearing board members and the air pollution control officer, and that officer must appoint the other county district officers and employees, except as Section 40126 provides.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40124. In any county having a system of civil service, the county district board shall, nevertheless, appoint the members of the county district hearing board and the air pollution control officer, and the air pollution control officer shall appoint all other officers and employees of the county district pursuant to that system, except as provided in Section 40126. (Added by Stats. 1975, Ch. 957.)
  182. 40125.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    People who may take promotional exams for county classified civil service positions must be allowed to take the comparable promotional exams for county district classified civil service positions, and they may also be certified and appointed under the county civil service rules in force at the time.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40125. Any person entitled to participate in promotional examinations for positions in the county classified civil service shall similarly be entitled to participate in promotional examinations for positions in the classified civil service of the county district, pursuant to the county civil service commission rules in effect at the time, and to be certified for such county positions by the county civil service commission, or other body performing the functions thereof, and to be appointed to such county district positions. (Added by Stats. 1975, Ch. 957.)
  183. 40126.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The county civil service commission or similar body may, on request of the air pollution control officer, certify a person without examination as eligible for a county district position if the person has already held a substantially similar or more demanding job in county or city service.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Officers and Employees [40120 - 40126] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40126. If the civil service commission, or body performing the functions thereof, in the county finds that any person has been employed by the county, or by any city within a county district, in a position the duties of which, and the qualifications for which, are substantially the same as, or are greater than and include qualifications which are substantially the same as, those of any position in the county district, the civil service commission or such other body, at the request of the air pollution control officer, may certify, without examination, such person as eligible to hold such county district position. (Added by Stats. 1975, Ch. 957.)
  184. 40130.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. District Budget Adoption [40130 - 40131] ( Article 3 added by Stats. 1993, Ch. 1028, Sec. 2. )

    Verify source ↗

    The Legislature states that district budgets should be adopted in an open process with public participation and accountability.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. District Budget Adoption [40130 - 40131] ( Article 3 added by Stats. 1993, Ch. 1028, Sec. 2. ) ## 40130. The Legislature hereby finds and declares as follows: (a) It is in the public interest to ensure that districts adopt their budgets in an open process in order to educate the public of the costs and benefits of air quality improvement. (b) The process required by this article shall be separate from other budget processes to ensure full opportunity for the public to participate in, and comment upon, a district’s budget prior to adoption. (c) This process also shall provide accountability to district boards and to districts in their budget processes. (Added by Stats. 1993, Ch. 1028, Sec. 2. Effective January 1, 1994.)
  185. 40131.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. District Budget Adoption [40130 - 40131] ( Article 3 added by Stats. 1993, Ch. 1028, Sec. 2. )

    Verify source ↗

    County air pollution control districts must adopt an annual budget and follow notice, disclosure, and public hearing requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. County Air Pollution Control Districts [40100 - 40131] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. District Budget Adoption [40130 - 40131] ( Article 3 added by Stats. 1993, Ch. 1028, Sec. 2. ) ## 40131. (a) Each district shall adopt its annual budget in accordance with the following requirements: (1) The district shall prepare, and make available to the public at least 30 days prior to public hearing, a summary of its budget and any supporting documents, including, but not limited to, a schedule of fees to be imposed by the district to fund its programs. (2) The district shall notify each person who was subject to fees imposed by the district in the preceding year of the availability of the information described in paragraph (1). (3) (A) The district shall notice and hold a public hearing for the exclusive purpose of reviewing its budget and of providing the public with the opportunity to comment upon the proposed district budget. (B) The public hearing required to be held pursuant to this paragraph shall be held separately, by a period of not less than two weeks, from the hearing at which the district adopts its budget. (C) In districts with a population of 1,000,000 persons or less, the hearing required under this paragraph may include other matters in addition to those required under subparagraph (A). (b) This article does not apply to the south coast district, which shall be governed by Article 8 (commencing with Section 40520) of Chapter 5.5. (Amended by Stats. 2002, Ch. 132, Sec. 1. Effective January 1, 2003.)
  186. 40150.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Two or more contiguous counties, including county districts, may merge those districts into one unified district under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40150. Two or more contiguous counties, all or part of which are county districts, may merge those county districts into one unified district pursuant to this chapter. (Added by Stats. 1975, Ch. 957.)
  187. 40151.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county board of supervisors may appoint two of its members to work with members from other counties to form a unified district; the district is created when the boards of supervisors ratify the agreement.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40151. The board of supervisors of any county may, by a vote of its members, appoint two of its members to meet with an equal number appointed in a like manner from other counties and agree to form a unified district, which agreement, upon ratification by the boards of supervisors, shall create a unified district out of the county districts under their jurisdiction. (Added by Stats. 1975, Ch. 957.)
  188. 40152.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Each unified district’s governing board must include both city-side members and county supervisors, with the mix and selection method set by local counties and cities, subject to population-based fallback rules and an exception for certain preexisting boards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40152. (a) On and after July 1, 1994, the membership of the governing board of each unified district, including any district formed on or after that date, shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors. (b) The number of those members and their composition shall be determined jointly by the counties and cities within the district, and shall be approved by a majority of the counties, and by a majority of the cities which contain a majority of the population in the incorporated area of the district. (c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district. (d) The members of the governing board who are mayors or city council members shall be selected by a majority of the cities in the district. The members of the governing board who are county supervisors shall be selected by a majority of the counties in the district. (e) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows: (1) In districts in which the population in the incorporated areas represents 35 percent or less of the total district population, one-fourth of the members of the governing board shall be mayors or city council members, and three-fourths shall be county supervisors. (2) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors. (3) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors. (4) The number of those members shall be determined as provided in subdivision (b) and the members shall be selected pursuant to subdivision (d). (5) For purposes of paragraphs (1) to (3), inclusive, if any number which is not a whole number results from the application of the term “one-fourth,” “one-third,” “one-half,” “two-thirds,” or “three-fourths,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer. (f) This section does not apply to a district if the membership of the governing board of the district includes both county supervisors and mayors or city council members on June 30, 1994. (Repealed and added by Stats. 1993, Ch. 961, Sec. 4. Effective January 1, 1994. Operative July 1, 1994, by Sec. 10 of Ch. 961.)
  189. 40152.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A unified district may be excluded from Section 40152 if every city consents, and the district must form an advisory committee if requested by a majority of the cities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40152.5. (a) Section 40152 shall not apply to a unified district if each city in the district consents, by the adoption of an ordinance or resolution, to the exclusion of the district from the requirements of Section 40152. (b) Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the district to exclude the district from the requirements of Section 40152, if requested by a majority of the cities in the district, the district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the district. Each city shall select its representative to the advisory committee. (c) Subdivision (a) shall become inapplicable, and Section 40152 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the district, as established by the most recent census data, have adopted resolutions requesting the application of Section 40152. (Amended by Stats. 1995, Ch. 91, Sec. 81. Effective January 1, 1996.)
  190. 40154.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Unified district board members may receive expenses and limited compensation, but only under stated conditions and caps; the board may increase compensation within capped limits and may not create automatic future increases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40154. (a) Each member of the unified district board shall, upon the adoption of a resolution by the unified district board at an open regular meeting, receive the actual and necessary expenses incurred in the performance of their duties, plus a compensation of up to two hundred dollars ($200) for each day attending the meetings of the unified district board or any committee of the unified district board or basin control council or, upon authorization by the unified district board, while engaged in official business of the unified district, but that compensation shall not exceed seven thousand two hundred dollars ($7,200) in any one year. (b) The compensation of each member of the unified district board may be increased beyond the amount provided in this section by the unified district board at an open regular meeting, but the amount of the increase shall not exceed the greater of either of the following: (1) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation. (2) Beginning January 1, 2025, an amount not to exceed 10 percent for each calendar year that is equal to the annual change in inflation as determined by the California Consumer Price Index. (c) The unified district board shall not provide for automatic future increases in compensation for its members. (Amended by Stats. 2024, Ch. 406, Sec. 2. (AB 2522) Effective January 1, 2025.)
  191. 40155.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The boundaries of a unified district must match the counties it includes, the part of a county not in another district, or an agreed county portion.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40155. The boundaries of a unified district shall be the same as the boundaries of the counties of which it is comprised, or the balance of a county not included in another district, or such portion of a county as may be agreed upon. (Added by Stats. 1975, Ch. 957.)
  192. 40156.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The unified district board may designate zones within the unified district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40156. The unified district board may designate zones within the unified district. (Added by Stats. 1975, Ch. 957.)
  193. 40157.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain county officers and employees become ex officio officers and employees of the unified district, but only within the county where they work.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40157. All county officers and employees of the counties entirely within the unified district, and all other county employees of the zones within the unified district where the county is not entirely therein, shall be ex officio officers and employees of the unified district only within the county in which they are employed. (Added by Stats. 1975, Ch. 957.)
  194. 40158.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    County boards of supervisors must appropriate necessary funds for the unified district, and the unified district may enter agreements with counties for support services.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40158. (a) The board of supervisors of each county included, in whole or in part, within the unified district shall appropriate such funds as are necessary to carry out the purposes of the unified district, as determined by the unified district board, in accordance with the funding provisions specified in the agreement which created the unified district under Section 40151. (b) A unified district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with a county or counties in which the unified district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county or counties provided to the unified district prior to July 1, 1994. (Amended by Stats. 1994, Ch. 260, Sec. 4. Effective July 21, 1994.)
  195. 40159.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    County appropriations under Section 40158(a) are charged to the county, and the county treasurer must pay the appropriated amount into the unified district treasury.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40159. (a) All appropriations made pursuant to subdivision (a) of Section 40158 are legal charges against the county in which the board of supervisors voted the appropriation. (b) The treasurer of the county shall pay the amount so appropriated into the treasury of the unified district. (Added by Stats. 1975, Ch. 957.)
  196. 40160.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A county treasurer of a member county must be designated and act as the unified district treasurer when the agreement is ratified under Section 40151 or by resolution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40160. By the agreement ratified pursuant to Section 40151 or by resolution, a county treasurer of a member county shall be designated and shall act as the unified district treasurer. (Added by Stats. 1975, Ch. 957.)
  197. 40161.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a unified district stops operating because it is fully inside a regional district, that regional district takes over the unified district’s funds, property, and obligations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40161. When a unified district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5 (commencing with Section 40300), the regional district shall succeed to all the funds, property, and obligations of the unified district. Where the unified district is included within two or more such regional districts, the funds, property, and obligations of the unified district shall be apportioned to the regional districts as agreed upon by the regional districts and unified district. (Added by Stats. 1975, Ch. 957.)
  198. 40162.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district may be funded by several sources, and counties or cities in the district cannot be required to make funding contributions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Unified Air Pollution Control Districts [40150 - 40162] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## 40162. Funding of the San Joaquin Valley Unified Air Pollution Control District, or, if the unified district ceases to exist, of the valley district if created pursuant to Section 5 of Chapter 915 of the Statutes of 1994, may be provided by, but is not limited to, grants, subventions, permit fees, penalties, and vehicle license fees. Notwithstanding any other provision of law, no funding contribution shall be required from the counties or cities included in the unified district or valley district. (Amended by Stats. 2000, Ch. 890, Sec. 10. Effective January 1, 2001.)
  199. 40200.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Bay Area Air Quality Management District [40200 - 40276] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1025. ) ## ARTICLE 1. Jurisdiction [40200 - 40201] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Bay Area Air Quality Management District is continued in existence within specified county boundaries, and prior references to the former district are treated as references to the current district.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Bay Area Air Quality Management District [40200 - 40276] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1025. ) ## ARTICLE 1. Jurisdiction [40200 - 40201] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40200. A district, which is called the Bay Area Air Quality Management District, which was formerly known as the Bay Area Air Pollution Control District, is hereby continued in existence within the boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara and those portions of the Counties of Solano and Sonoma within the boundaries of the Bay Area Air Pollution Control District as it existed on January 1, 1976. Any reference to the Bay Area Air Pollution Control District shall be deemed to be a reference to the Bay Area Air Quality Management District. (Amended by Stats. 1978, Ch. 1025.)
  200. 40201.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Bay Area Air Quality Management District [40200 - 40276] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1025. ) ## ARTICLE 1. Jurisdiction [40200 - 40201] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The bay district must continue operating and may exercise its powers in the counties and portions of counties listed in Section 40200.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Bay Area Air Quality Management District [40200 - 40276] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1025. ) ## ARTICLE 1. Jurisdiction [40200 - 40201] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40201. The bay district shall continue to transact business and exercise its powers under this division in the counties, and portions of counties, specified in Section 40200. (Added by Stats. 1975, Ch. 957.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.