Health and Safety Code — Part 68 | HSC — United States — California law | Esheria

Health and Safety Code

Part 68 of 87 · provisions 13,401–13,600

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

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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.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 40539.

    ## 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 AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957.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 5.5. South Coast Air Quality Management District [40400 - 40540] ( Chapter 5.5 added by Stats. 1976, Ch. 324. ) ## ARTICLE 8. Financial Provisions [40520 - 40540] ( Heading of Article 8 renumbered from Article 7 by Stats. 1980, Ch. 1085. )

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    If the district auditor is also a county auditor, the auditor must be given, on request, a monthly warrant listing and a fiscal-year-to-date statement.

    ## 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 AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957.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 5.5. South Coast Air Quality Management District [40400 - 40540] ( Chapter 5.5 added by Stats. 1976, Ch. 324. ) ## ARTICLE 8. Financial Provisions [40520 - 40540] ( Heading of Article 8 renumbered from Article 7 by Stats. 1980, Ch. 1085. ) ## 40539. If the auditor of the south coast district is a county auditor, he shall be provided, upon his request, a monthly listing of the warrants issued under this section reporting the warrant number, the date and amount of the warrant, the name of the payee and the fund on which the warrant is drawn and a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances, and unencumbered balances. The form of the listing and statement shall be as prescribed by the south coast district board and approved by the county auditor. (Added by Stats. 1981, Ch. 705.)
  2. 40540.

    ## 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 5.5. South Coast Air Quality Management District [40400 - 40540] ( Chapter 5.5 added by Stats. 1976, Ch. 324. ) ## ARTICLE 8. Financial Provisions [40520 - 40540] ( Heading of Article 8 renumbered from Article 7 by Stats. 1980, Ch. 1085. )

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    The South Coast district board may implement a warrant-issuance procedure by resolution, and the procedure starts on the first day of the second month after the resolution is adopted. The board may also revoke that authorization if it finds the district’s accounting controls are inadequate, with revocation effective at the start of the next 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. South Coast Air Quality Management District [40400 - 40540] ( Chapter 5.5 added by Stats. 1976, Ch. 324. ) ## ARTICLE 8. Financial Provisions [40520 - 40540] ( Heading of Article 8 renumbered from Article 7 by Stats. 1980, Ch. 1085. ) ## 40540. Upon adoption of a resolution by the south coast district board to implement the procedure to issue warrants pursuant to this article, the procedure shall be implemented on the first day of the second month following the date of adoption of the resolution. If, at any time, the south coast district board determines that the accounting controls of the south coast district have become inadequate, it may revoke its authorization effective at the beginning of the next fiscal year. (Added by Stats. 1981, Ch. 705.)
  3. 40600.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    This section sets up the San Joaquin Valley unified air pollution control district’s board structure, appointment rules, and operating duties.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40600. (a) The San Joaquin Valley Unified Air Pollution Control District formed by the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare pursuant to Chapter 3 (commencing with Section 40150), and consisting of the Counties of Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare, and that portion of the County of Kern that is within the San Joaquin Valley Air Basin, is a single integrated agency with all staff under one centralized management structure that is able to implement programs on a basinwide basis, and has all of the following: (1) An individual air pollution control officer who is responsible for the issuance of all permits by the unified district. (2) A single budget for the unified district with resources allocated based on the program needs of the San Joaquin Valley Air Basin. (3) A uniform fee structure. (4) Three hearing boards established pursuant to Section 40800. One hearing board shall serve the northern region, one shall serve the central region, and one shall serve the southern region. Identical policies governing the operation of each hearing board shall be established by the unified district board and shall be binding upon each hearing board. (5) A citizen’s advisory committee. (b) Rules and regulations adopted by the San Joaquin Valley Unified Air Pollution Control District are binding on all counties within the unified district. The unified district shall enforce all permits issued by the unified district and all permits issued by the individual county districts prior to formation of the unified district. The unified district shall review, revise, adopt, and implement any air pollution control plans required within the San Joaquin Valley Air Basin by state and federal law. (c) Notwithstanding any other provision of law, the San Joaquin Valley Unified Air Pollution Control District shall be governed by a district board composed of 15 voting members, appointed as follows: (1) Eight members, one of whom shall be appointed by each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The board of supervisors of each of those counties shall, by majority vote, appoint one of its members to serve as a member of the district board. (2) Five city council members appointed by the special city selection committee created pursuant to Section 40600.5. The special city selection committee shall not appoint more than one city council member representing a city located in the same county. Of the five city council members appointed pursuant to this paragraph, three shall be from a city having a population of less than 100,000, with one member selected from the northern region, one from the central region, and one from the southern region of the district. The other two city council members appointed pursuant to this paragraph shall be from a city having a population of 100,000 or more, with each member selected from different regions of the district. (3) The terms of office for members appointed pursuant to paragraph (2) after April 1, 2007, shall be three years. (4) Two public members appointed by the Governor, with the advice and consent of the Senate, as follows: (A) One public member who is a physician, actively practicing within the district, whose daily practice or research specialty lies in the health effects of air pollution on vulnerable populations. (B) One public member who has medical or scientific expertise in the health effects of air pollution. (5) The terms of office for the members initially appointed pursuant to subparagraphs (A) and (B) of paragraph (4) shall be as follows: (A) For the member appointed pursuant to subparagraph (A) of paragraph (4), the term shall be four years. (B) For the member appointed pursuant to subparagraph (B) of paragraph (4), the term shall be two years. (6) After the initial term of appointment, the terms of office for the members appointed pursuant to subparagraphs (A) and (B) of paragraph (4) shall be four years. (d) Each member shall be appointed on the basis of his or her 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 air pollution problems of the San Joaquin Valley Air Basin. (e) Each member shall be appointed on the basis of his or her ability to attend substantially all meetings of the district board, to discharge all duties and responsibilities of a member of the district board on a regular basis, and to participate actively in the affairs of the district. A member shall not designate an alternate for any purpose or otherwise be represented by another person in his or her capacity as a member of the district board. (f) All members shall be residents of the district. (g) Any vacancy in the office of a member of the district board shall be filled promptly by the appointing authority. (h) As used in this section, the following terms have the following meanings: (1) “Central region” means the Counties of Fresno, Kings, and Madera. (2) “Northern region” means the Counties of Merced, San Joaquin, and Stanislaus. (3) “Southern region” means the Counties of Kern and Tulare. (Amended by Stats. 2008, Ch. 622, Sec. 1. Effective January 1, 2009.)
  4. 40600.5.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    This section creates a special city selection committee to appoint city council members to the district board and sets rules for its membership, voting, officers, records, and meeting notice.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40600.5. (a) The special city selection committee is hereby created to appoint city council members to the district board. The membership of the special city selection committee shall consist of one member from each city council in each city located within the territory of the unified district, selected by a majority of each city council. The members of the special city selection committee shall serve without receiving compensation from the unified district, but a member may be compensated by the city that he or she represents. (b) If a member of the special city selection committee is unable to attend a meeting of the special city selection committee, he or she shall designate a member of that member’s city council to attend and vote at the meeting in his or her place. (c) A majority of the total membership of the special city selection committee shall constitute a quorum for the transaction of business. A majority vote of the total membership of the special city selection committee is required for the special city selection committee to take action. (d) The special city selection committee shall appoint from among its members a chair, one or more vice chairs, and any other officers that it deems necessary. The chair shall preside over the meetings of the special city selection committee and the vice chair shall preside in the chair’s absence. (e) The special city selection committee may adopt rules for the conduct of its activities. These rules may include, but are not limited to, the procedures for nominating and appointing city council members to the district board. (f) The meetings of the special city selection committee are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (g) The unified district’s air pollution control officer shall act as the special city selection committee’s permanent secretary and maintain the records of the actions of the special city selection committee. The minutes of the special city selection committee shall record the aye and no votes taken by its members for all motions and appointments. (h) At least two weeks before the date of any meeting of the special city selection committee, the air pollution control officer shall give notice of the meeting to each city that is located within the territory of the unified district. The notice shall contain the time, date, and place of the meeting, along with a brief general description of the business to be transacted or discussed at the meeting. The air pollution control officer shall also give notice to any person who has filed a written request for notice. The air pollution control officer may give notice in any other manner that he or she deems necessary or desirable. (Added by Stats. 2008, Ch. 622, Sec. 2. Effective January 1, 2009.)
  5. 40601.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district board may adopt rules requiring cleaner control technologies, alternative fuels, ridesharing, and rideshare programs for certain businesses.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40601. The district board may adopt rules and regulations by the earliest feasible date that do all of the following: (a) Require the use of best available control technology for new and modified sources, and the use of best available retrofit control technology for existing sources. (b) Promote the use of cleaner burning alternative fuels. (c) Encourage and facilitate ridesharing for commuter trips into, out of, and within the district. (d) Require all businesses described below within the district that employ at least 100 people to establish a rideshare program: (1) That are located within an incorporated city with a population of at least 10,000, as determined by the Demographic Research Unit of the Department of Finance. (2) That are located within an incorporated city with a population of less than 10,000, as determined by the Demographic Research Unit of the Department of Finance, or that are located within the unincorporated area of a county, of which more than 50 percent of their employees work at least 2,040 hours per year. (Added by Stats. 2003, Ch. 483, Sec. 2. Effective January 1, 2004.)
  6. 40602.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district must expand its small business office to include agriculture assistance and the office must provide services and information to small businesses, farmers, and the public.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40602. (a) The district shall expand the office of small business, established by the district, to include agriculture assistance, in order to provide administrative and technical services and information to small businesses, farmers, and the public. (b) The office shall do all of the following: (1) Facilitate and encourage compliance with district rules and regulations by small businesses and farmers. (2) Assist small businesses and farmers in applying for permits and variances, and facilitate the participation of small businesses and farmers in the development of rules and regulations and in other proceedings of the district. (3) Provide information on the public health, environmental, and economic effects of district rules and regulations on small businesses and farmers in the district. (4) Make available to small businesses and farmers information regarding alternative processes, cleaner fuels and solvents, and low-cost financing for air pollution control equipment. (Added by Stats. 2003, Ch. 483, Sec. 2. Effective January 1, 2004.)
  7. 40603.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district must set up expedited permit review and project assistance for certain electric and clean fuel vehicle research, demonstration, and commercialization projects.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40603. (a) The district shall establish expedited permit review and project assistance mechanisms for facilities or projects that are directly related to research and development, demonstration, or commercialization of electric and other clean fuel vehicle technologies. (b) The mechanisms shall include all of the following: (1) The issuance of consolidated permits, for both construction and operation, in order to expedite the permitting process. (2) The review and processing of permits on a facility or project basis rather than on an equipment basis, to ensure a single point of contact for the applicant and to allow entire projects to be reviewed and evaluated on a single, consolidated schedule. (3) The establishment of a “fast track” permitting procedure to approve permits in an average of 30 days from receipt of all information requested by the district, except for any of the following facilities: (A) Facilities that may emit significant amounts of toxic air contaminants. (B) Facilities that require public notice. (C) Facilities that require additional review to meet the requirements of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988). (4) The development and implementation of postconstruction enforcement procedures to ensure that new and modified sources are constructed according to permit requirements. (5) The establishment of a liaison program to assist facilities participating in research and development, demonstration, or commercialization of electric and other clean fuel vehicle technologies with preparing permit applications, complying with other district administrative procedures, and identifying and applying for state, federal, district, or other available funds set aside for electric and other clean fuel vehicle related projects. (c) For purposes of this chapter, “clean fuels” are fuels designated by the state board for use in zero emission or partial zero emission vehicles and include, but are not limited to, electricity, hydrogen, liquefied petroleum gas, methanol, and natural gas. (Added by Stats. 2003, Ch. 483, Sec. 2. Effective January 1, 2004.)
  8. 40604.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district board must adopt a fee schedule for certain regulated emission sources, and applicants must pay the fees set by that schedule.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40604. (a) The district board shall adopt, by regulation, a schedule of fees to be assessed on areawide or indirect sources of emissions that are regulated, but for which permits are not issued, by the district to recover the costs of district programs related to these sources. (b) That fee schedule shall be designed to yield a sum not exceeding the estimated cost of the administration of this chapter and mitigation of emissions, and for the filing of applications for variances or to revoke or modify variances. All applicants shall pay the fees required by the schedule, including, notwithstanding Section 6103 of the Government Code, an applicant that is a publicly owned utility. (Added by Stats. 2003, Ch. 483, Sec. 2. Effective January 1, 2004.)
  9. 40605.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district board must adopt a surcharge on certain motor vehicle registration fees, use the money only for emissions-reduction activities, keep administrative spending at or below 2 percent, and adopt accounting procedures to avoid commingling revenues.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40605. (a) The district board shall adopt a surcharge on the registration fees applicable to all motor vehicles registered in those counties within the district, as specified in Section 9250.16 of the Vehicle Code. (b) Fees generated by the surcharge imposed pursuant to Section 9250.16 of the Vehicle Code shall only be used to reduce emissions from vehicular sources, including, but not limited to, the following activities: (1) The establishment of a clean fuels program. (2) The adoption and implementation of motor vehicle use reduction measures. (c) No more than 2 percent of the funds collected pursuant to the surcharge shall be used by the district for administrative expenses. (d) The district board shall adopt accounting procedures to ensure that revenues from motor vehicle registration fees are not commingled with other program revenues. (Added by Stats. 2003, Ch. 483, Sec. 2. Effective January 1, 2004.)
  10. 40606.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district board may monitor emissions from all stationary agricultural pumps in the district, including certain EPA-designated nonroad engines.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40606. The district board has the authority to monitor emissions from all stationary agricultural pumps in the district, including, but not limited to, those designated by the federal Environmental Protection Agency as “nonroad” engines that are subject to the requirements of Title II of the federal Clean Air Act (42 U.S.C. Sec. 7521 et seq.). (Added by Stats. 2003, Ch. 483, Sec. 2. Effective January 1, 2004.)
  11. 40607.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district must install one or more PM2.5 monitors in primarily low-income and underserved areas in the western region of Fresno County.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40607. The district shall install one or more monitors for monitoring airborne fine particles smaller than 2.5 microns in diameter (PM 2.5) in primarily low-income and underserved areas in the western region of the County of Fresno. (Added by Stats. 2005, Ch. 569, Sec. 1. Effective January 1, 2006.)
  12. 40608.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. )

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    The district may adopt a regulation-based program to offset or mitigate increased air emissions from the F-35 Joint Strike Fighter program, and if it does, it must give grants to projects that measurably reduce emissions.

    ## 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 5.7. San Joaquin Valley Unified Air Pollution Control District [40600 - 40608] ( Chapter 5.7 added by Stats. 2003, Ch. 483, Sec. 2. ) ## 40608. (a) The district may develop and adopt by regulation, not later than January 1, 2008, a program to offset or mitigate the increased emissions of air contaminants resulting from the operation of the F-35 Joint Strike Fighter program within the district. If the district implements a program under this subdivision, the district shall provide grants to projects that the district determines will provide measurable reductions in emissions of air contaminants in the district, and may include projects that reduce emissions from stationary or mobile sources within the district. Any emission reductions achieved pursuant to this program shall be surplus, quantifiable, permanent, and enforceable and shall not otherwise be required by law or regulation. (b) For purposes of this section: (1) “Joint Strike Fighter Impact Zone” means Kings County. (2) “Base fiscal year” means the 2003–04 fiscal year. (3) “State tax revenues” includes revenues derived from the imposition of taxes under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code), and the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). (c) (1) The California Research Bureau, in consultation with the State Board of Equalization and the Franchise Tax Board, shall, no later than December 31, 2004, calculate the state tax revenues derived from, or attributable to, the Joint Strike Fighter Impact Zone during the base fiscal year. (2) The California Research Bureau, in consultation with the State Board of Equalization and the Franchise Tax Board, shall, no later than December 31, 2007, and no later than December 31 of each following year, calculate the state tax revenues derived from, or attributable to, the Joint Strike Fighter Impact Zone during the preceding fiscal year. (Added by Stats. 2004, Ch. 885, Sec. 2. Effective January 1, 2005.)
  13. 40610.

    ## 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 5.8. San Joaquin Valley Clean Air Attainment Program [40610 - 40613] ( Chapter 5.8 added by Stats. 2008, Ch. 677, Sec. 1. )

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    The Legislature states that San Joaquin Valley air quality is severely poor and sets the chapter’s purpose as creating a program to reach state and federal air quality standards as soon as practicable.

    ## 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 5.8. San Joaquin Valley Clean Air Attainment Program [40610 - 40613] ( Chapter 5.8 added by Stats. 2008, Ch. 677, Sec. 1. ) ## 40610. The Legislature finds and declares as follows: (a) Residents of the San Joaquin Valley suffer some of the worst air quality in the world. This poor air quality poses a significant threat to public health, the environment, and the economy of the valley. (b) The extreme difficulty for the valley to meet state and federal ambient air quality standards requires an urgent and unified program that combines more strict clean air rules and regulations and ongoing funding to clean up those sources that cannot be regulated effectively. (c) The purpose of this chapter is to establish a program for the San Joaquin Valley to achieve state and federal ambient air quality standards by the earliest practicable date. (Added by Stats. 2008, Ch. 677, Sec. 1. Effective January 1, 2009.)
  14. 40612.

    ## 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 5.8. San Joaquin Valley Clean Air Attainment Program [40610 - 40613] ( Chapter 5.8 added by Stats. 2008, Ch. 677, Sec. 1. )

    Verify source ↗

    The district may raise a motor vehicle fee and adopt anti-vehicle-trip rules to fund air pollution control programs, but the fees and spending are subject to stated conditions, board findings, and a sunset date.

    ## 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 5.8. San Joaquin Valley Clean Air Attainment Program [40610 - 40613] ( Chapter 5.8 added by Stats. 2008, Ch. 677, Sec. 1. ) ## 40612. (a) In order to provide funding for air pollution control programs needed to achieve and maintain state and federal air quality, the district may do both of the following: (1) Notwithstanding the limits on the amount of the motor vehicle fee specified in Sections 44223 and 44225, increase the fee established pursuant to these sections to up to, but not exceeding, thirty dollars ($30) per motor vehicle per year for the purposes of establishing and implementing incentive-based programs to achieve surplus emissions reductions that the district determines are needed to remediate air pollution harms created by motor vehicles on which the fee is imposed and that are intended to achieve and maintain state and federal ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). Except for the amount of the fee, any increase shall be subject to Chapter 7 (commencing with Section 44220) of Part 5, including, but not limited to, the adoption of a resolution providing for both the fee increase and a corresponding program for expenditure of the moneys raised by the increased fees for the reduction of mobile source emissions. (2) Notwithstanding Section 40717.9, adopt rules and regulations to reduce vehicle trips in order to reduce air pollution from vehicular sources. (b) Fees adopted pursuant to this section are in addition to any other fees imposed by the district, and may be charged in any of fiscal years 2009–10 to 2033–34, inclusive. Fees may be assessed after the 2012–13 fiscal year only if the United States Environmental Protection Agency approves the district’s proposed reclassification of its nonattainment status for ozone from severe to extreme. The fees adopted pursuant to this section are for the district portion of the total amount needed to achieve and maintain state and federal ambient air quality standards. At least ten million dollars ($10,000,000) shall be used to mitigate the impacts of air pollution on public health and the environment in disproportionately impacted environmental justice communities in the San Joaquin Valley. The district board shall convene an environmental justice advisory committee, selected from a list given to the board by environmental justice groups from the San Joaquin Valley, to recommend the neighborhoods in the district that constitute environmental justice communities, and how to expend funds within these communities. (c) (1) The fees adopted pursuant to this section shall become effective after the state board makes both of the following findings: (A) The district has undertaken all feasible measures to reduce nonattainment air pollutants from sources within the district’s jurisdiction and regulatory control. (B) The district has notified the state board that fees have been adopted pursuant to this section and provided the state board with an estimate of the total funds that will be provided annually by each of those fees. (2) The state board shall file a written copy of its findings made pursuant to this subdivision with the Secretary of State within two days of its determination. (3) The fees adopted pursuant to this section shall be collected nine months after the requirements of paragraph (2) are met. (d) This section shall remain in effect only until June 30, 2034, and as of that date is repealed. (Amended by Stats. 2022, Ch. 355, Sec. 1. (AB 2836) Effective January 1, 2023. Repealed as of June 30, 2034, by its own provisions.)
  15. 40613.

    ## 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 5.8. San Joaquin Valley Clean Air Attainment Program [40610 - 40613] ( Chapter 5.8 added by Stats. 2008, Ch. 677, Sec. 1. )

    Verify source ↗

    The state board must assess district progress on using certain fees to meet air quality standards every two years and send the assessments to the Legislature within two weeks after completion.

    ## 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 5.8. San Joaquin Valley Clean Air Attainment Program [40610 - 40613] ( Chapter 5.8 added by Stats. 2008, Ch. 677, Sec. 1. ) ## 40613. The state board shall assess the district’s progress in using any fees assessed pursuant to Section 40612 to achieve and maintain state and federal ambient air quality standards every two years that the fee is assessed, and shall submit these assessments to the Legislature within two weeks of their completion. (Added by Stats. 2008, Ch. 677, Sec. 1. Effective January 1, 2009.)
  16. 40700.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district is treated as a body corporate, a politic entity, and a public agency of the state.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40700. A district is a body corporate and politic and a public agency of the state. (Added by Stats. 1975, Ch. 957.)
  17. 40701.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district has broad powers, and it may require owners or operators of air pollution emission sources to provide source descriptions and emissions data, except for noncommercial vehicular sources.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40701. A district shall have power: (a) To have perpetual succession. (b) To sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction. (c) To adopt a seal and alter it at its pleasure. (d) To take by grant, purchase, gift, devise, or lease, to hold, use, and enjoy, and to lease or dispose of any real or personal property within or without the district necessary to the full exercise of its powers. (e) To lease, sell, or dispose of any property, or any interest therein, whenever, in the judgment of the district board, such property, or any interest therein, or part thereof, is no longer required for the purposes of the district, or may be leased for any purpose without interfering with the use of the same for the purposes of the district, and to pay any compensation received therefor into the general fund of the district. (f) To cooperate and contract with any federal, state, or local governmental agencies, private industries, or civic groups necessary or proper to the accomplishment of the purposes of this division. (g) To require any owner or operator of any air pollution emission source, except a noncommercial vehicular source, to provide (1) a description of the source, and (2) disclosure of the data necessary to estimate the emissions of pollutants for which ambient air quality standards have been adopted, or their precursor pollutants, so that the full spectrum of emission sources can be addressed equitably pursuant to Section 40910. (Amended by Stats. 1990, Ch. 1034, Sec. 1.)
  18. 40701.5.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District funding may come from several sources, and uncovered expenses are financed by equitable annual per capita assessments; in San Diego County, the board must hold a public hearing at least 30 days before imposing the assessment.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40701.5. (a) Funding for a district may be provided by, but is not limited to, any one or any combination of the following sources: (1) Grants. (2) Subventions. (3) Permit fees. (4) Penalties. (5) A surcharge or fee pursuant to Section 41081 or 44223 on motor vehicles registered in the district. (b) Expenses of a district that are not met by the funding sources identified in subdivision (a) shall be provided by an annual per capita assessment on those cities that have agreed to have a member on the district board for purposes of Section 40100.5, 40100.6, 40152, 40322.5, 40704.5, or 40980 and on the county or counties included within the district. Any annual per capita assessment imposed by the district on those cities and counties included within the district shall be imposed on an equitable per capita basis. (c) Subdivision (b) does not apply to the San Joaquin Valley Unified Air Pollution Control District or, if that unified district ceases to exist, the San Joaquin Valley Air Quality Management District, if that district is created. (d) (1) Notwithstanding subdivision (b), expenses of the San Diego County Air Pollution Control District that are not met by the funding sources identified in subdivision (a) shall be provided by an annual per capita assessment imposed on an equitable per capita basis on each city and county included in the San Diego County Air Pollution Control District by the governing board of the San Diego County Air Pollution Control District created pursuant to Section 40100.6. (2) At least 30 days before the assessment is imposed, the governing board shall hold a public hearing which shall include data supporting the annual per capita assessment and any schedule that may apply. (e) This section shall become operative on March 1, 2021. (Repealed (in Sec. 8) and added by Stats. 2019, Ch. 744, Sec. 9. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.)
  19. 40702.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district must adopt rules and regulations and may take necessary or proper actions to carry out its powers and duties, but it may not use district orders, rules, or regulations to specify equipment design, construction type, or the particular method for reducing air contaminants from railroad locomotives.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40702. A district shall adopt rules and regulations and do such acts as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the district by this division and other statutory provisions. No order, rule, or regulation of any district shall, however, specify the design of equipment, type of construction, or particular method to be used in reducing the release of air contaminants from railroad locomotives. (Added by Stats. 1975, Ch. 957.)
  20. 40703.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    When adopting a regulation, the district must consider and publicly share its cost-effectiveness findings for a control measure, along with the basis and considerations behind them.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40703. In adopting any regulation, the district shall consider, pursuant to Section 40922, and make available to the public, its findings related to the cost effectiveness of a control measure, as well as the basis for the findings and the considerations involved. A district shall make reasonable efforts, to the extent feasible within existing budget constraints, to make specific reference to the direct costs expected to be incurred by regulated parties, including businesses and individuals. (Amended by Stats. 2000, Ch. 397, Sec. 2. Effective January 1, 2001.)
  21. 40704.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board must file any rule or regulation it adopts, amends, or repeals with the state board within 30 days.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40704. A district board shall file with the state board, within 30 days any rule or regulation the district board adopts, amends, or repeals. (Added by Stats. 1975, Ch. 957.)
  22. 40704.5.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section requires air quality management district boards to include specified city and county members, sets how they are selected and approved, and provides fallback composition rules if the district does not comply.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40704.5. (a) Notwithstanding any other provision of law, on and after July 1, 1994, the membership of the governing board of an air quality management 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 the city selection committee if the district only contains one county, or a majority of the cities within the district if the district contains more than one county. The members of the governing board who are county supervisors shall be selected by the county if the district only contains one county or a majority of counties within the district if the district contains more than one county. (e) If a district fails to comply with subdivisions (a) and (b), the composition 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 county 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. (Added by Stats. 1993, Ch. 961, Sec. 8. Effective January 1, 1994. Operative July 1, 1994, by Sec. 10 of Ch. 961.)
  23. 40705.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district board must decide how many personnel the district air pollution control officer may employ, what those personnel do, and when they are appointed.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40705. The district board shall provide for the number of personnel to be employed by the district air pollution control officer and for their duties and the times at which they shall be appointed. (Added by Stats. 1975, Ch. 957.)
  24. 40706.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district board must set compensation and pay it from district funds for the air pollution control officer, other district officers and employees, and hearing board members.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40706. The district board shall determine the compensation of, and shall pay from district funds, the air pollution control officer, all other officers and employees, and members of the hearing board, of the district. (Added by Stats. 1975, Ch. 957.)
  25. 40707.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Claims for money or damages against a district are governed by specified Government Code provisions, except where those provisions say otherwise or other applicable statutes or regulations apply.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40707. All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 1975, Ch. 957.)
  26. 40708.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The cited reorganization act does not apply to the districts.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40708. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code, shall not be applicable to the districts. (Amended by Stats. 2003, Ch. 296, Sec. 25. Effective January 1, 2004.)
  27. 40709.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District boards must create a regulation-based emissions banking system for certain air-contaminant reductions, and the system is subject to state board disapproval.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40709. (a) Every district board shall establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants shall be banked prior to use to offset future increases in emissions. The system shall provide that only those reductions in the emission of air contaminants that are not otherwise required by any federal, state, or district law, rule, order, permit, or regulation shall be registered, certified, or otherwise approved by the district air pollution control officer before they may be banked and used to offset future increases in the emission of air contaminants. The system shall be subject to disapproval by the state board pursuant to Chapter 1 (commencing with Section 41500) of Part 4 within 60 days after adoption by the district. (b) The system is not intended to recognize any preexisting right to emit air contaminants, but to provide a mechanism for districts to recognize the existence of reductions of air contaminants that can be used as offsets, and to provide greater certainty that the offsets shall be available for emitting industries. (c) Notwithstanding subdivision (a), emissions reductions proposed to offset simultaneous emissions increases within the same stationary source need not be banked prior to use as offsets, if those reductions satisfy all criteria established by regulation pursuant to subdivision (a). (d) This section does not apply to any district that is not required to prepare and submit a plan for attainment of state ambient air quality standards pursuant to Section 40911 if both of the following apply to the district: (1) The district is not in a federal nonattainment area for any national ambient air quality standard unless the sole reason for the nonattainment is due to air pollutant transport. (2) An owner or operator of a source or proposed source has not petitioned the district to establish a banking system. (Amended by Stats. 2000, Ch. 729, Sec. 5. Effective January 1, 2001.)
  28. 40709.5.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain air district programs must include emissions-credit tracking, analysis, verification, evaluation, and annual cost publication.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40709.5. Any district which has established a system pursuant to Section 40709 by which reductions in emissions may be banked or otherwise credited to offset future increases in the emissions of air contaminants, or which utilize a calculation method which enables internal emission reductions to be credited against increases in emissions, and as of January 1, 1988, is within a federally designated nonattainment area for one or more air pollutants, shall develop and implement a program which, at a minimum, provides for all of the following: (a) Identification and tracking of sources possessing emission credit balances accruing from the elimination or replacement of older, higher emitting equipment. (b) Periodic analysis of the increases or decreases in emissions which occur when credits are used to bring new or modified emission sources into operation. (c) Procedures for verifying the emission reductions credited to the bank or accruing to internal accounts, and for adjusting of credited emissions based on current district requirements. (d) Periodic evaluation of the extent to which the system has contributed or detracted from the goal of allowing economic growth and modification of existing facilities, and has contributed to or detracted from the district’s progress toward attainment of ambient air quality standards. (e) Annual publication of the costs, in dollars per ton, of emission offsets purchased for new or modified emission sources, excluding information on the identity of any party involved in the offset transactions. This publication shall specify, for each offset purchase transaction, the year the offset transaction occurred, the amount of offsets purchased, by pollutant, and the total cost, by pollutant, of the offsets purchased. Each application to use emissions reductions banked in a system established pursuant to Section 40709 shall provide sufficient information, as determined by the district, to perform the cost analysis. The information shall be a public record. (Amended by Stats. 1992, Ch. 612, Sec. 3. Effective January 1, 1993.)
  29. 40709.6.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section allows certain emissions increases at one stationary source to be offset by emission reductions from another district if the location and impact 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40709.6. (a) Increases in emissions of air pollutants at a stationary source located in a district may be offset by emission reductions credited to a stationary source located in another district if both stationary sources are located in the same air basin or, if not located in the same air basin, if both of the following requirements are met: (1) The stationary source to which the emission reductions are credited is located in an upwind district that is classified as being in a worse nonattainment status than the downwind district pursuant to Chapter 10 (commencing with Section 40910). (2) The stationary source at which there are emission increases to be offset is located in a downwind district that is overwhelmingly impacted by emissions transported from the upwind district, as determined by the state board pursuant to Section 39610. (b) The district, in which the stationary source to which emission reductions are credited is located, shall determine the type and quantity of the emission reductions to be credited. (c) The district, in which the stationary source at which there are emission increases to be offset is located, shall do both of the following: (1) Determine the impact of those emission reductions in mitigation of the emission increases in the same manner and to the same extent as the district would do so for fully credited emission reductions from sources located within its boundaries. (2) Adopt a rule or regulation to discount the emission reductions credited to the stationary source in the other district. The discount shall not be less than the emission reduction for offsets from comparable sources located within the district boundaries. (d) Any offset credited pursuant to subdivision (a) shall be approved by a resolution adopted by the governing board of the upwind district and the governing board of the downwind district, after taking into consideration the impact of the offset on air quality, public health, and the regional economy. Each district governing board may delegate to its air pollution control officer the board’s authority to approve offsets credited pursuant to subdivision (a). (Amended by Stats. 1996, Ch. 771, Sec. 1. Effective January 1, 1997.)
  30. 40709.7.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    This section sets rules for applying for, obtaining, banking, retiring, and using emission reduction credits tied to military base closures or realignments.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40709.7. (a) For the purposes of this section, “military base” means a military base that is designated for closure or downward realignment pursuant to the Defense Base Closure and Realignment Act of 1988 (P.L. 100-526) or the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Sec. 2687 et seq.). (b) For the purposes of this section, “base reuse authority” means the authority recognized pursuant to Section 65050 of the Government Code. (c) An appropriate entity of the federal government may apply to the district for emission reduction credits that result from reduced emissions from a military base by June 1, 1995, or within 180 days of the reduction in emissions, whichever occurs later, if the federal government is eligible under district regulations to file and receive emission reduction credits on December 31, 1994. (d) Not later than July 1, 1995, or six months from the date that the base closure or realignment decision becomes final, whichever occurs last, the district shall request and attempt to obtain all records maintained by a military base that are necessary to quantify emission reductions, including, but not limited to, records on the operation of any equipment that emits air contaminants, provided that the district either waives the payment of direct costs to obtain the records or enters into an agreement with the appropriate entity of the federal government or the base reuse authority for the payment of the direct costs to obtain the records. The district shall maintain these records. (e) (1) A base reuse authority may apply to a district, under the emission reductions banking system established pursuant to Section 40709, for any reductions in emissions related to the termination or reduction of operations at the military base under its jurisdiction. (2) The district shall quantify and bank the emission reductions for a closing or realigning military base within 180 days of a request by a base reuse authority and payment of any applicable fees, if one of the following events has occurred: (A) The federal government agrees in writing to allow the base reuse authority to apply for and receive the emission reduction credits. (B) The time period for the federal government to apply for emission reduction credits pursuant to subdivision (c) has expired and the federal government has not applied for the credits. (C) The base reuse authority has, pursuant to other legal means, obtained the authority to acquire the emission reduction credits. (f) The district shall permanently retire the emission reduction credits obtained pursuant to this section by 5 percent to improve air quality. (g) The baseline for quantifying emission reductions shall be the date that the base closure or realignment decision becomes final. The two-year period ending on the date that the base closure or realignment decision was made shall be used to determine average emissions from the military base unless this two-year period is not representative of normal operations, in which case an alternative, consecutive, two-year period that is within the five years prior to the baseline date may be used, as determined by the district. (h) After registration, certification, or other approval of the emission reductions by a district air pollution control officer pursuant to subdivision (a) of Section 40709 and this section, the base reuse authority shall be deemed the owner of the emissions source for purposes of the issuance of a certificate pursuant to Section 40710. Upon receipt of the certificate, or other approval, the base reuse authority may use, sell, or otherwise dispose of the emission reduction credits as determined by the base reuse authority, provided that the credits may only be used for base reuse within the jurisdiction of the district. (Amended by Stats. 2000, Ch. 890, Sec. 21. Effective January 1, 2001.)
  31. 40710.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    After approval, a certificate for approved emissions reductions is issued to the emissions-source owner, and the owner has the exclusive right to use or authorize use of those reductions.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40710. Upon receipt of approval and pursuant to Section 40709, a certificate evidencing all approved reductions in the emissions of air contaminants shall be issued to the owner or owners of the emissions source, and such reductions shall continue to be banked until they have been used according to district regulations. The owner or owners of such approved reductions have the exclusive right to use them and to authorize their use. Certificates evidencing ownership of approved reductions issued by a district shall not constitute instruments, securities, or any other form of property. (Amended by Stats. 1980, Ch. 692.)
  32. 40711.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district must maintain an emission-reductions registry, keep it open to public inspection, and promptly register interests and issue certificates when required documents and filing fees are provided.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40711. (a) A banking system established pursuant to Section 40709 shall provide for registration of all interests in approved emission reductions. The registry shall be maintained by the district and open to public inspection. Upon payment of any required filing fee, and receipt of the documents required in subdivision (b), the district shall promptly register all interests in approved emission reductions and issue a certificate evidencing such ownership. The district may adopt by rule or regulation a schedule of fees for the issuance of certificates to cover the cost of confirming emission reductions and operating an emission reduction registry. (b) Approved emission reductions may be transferred in whole or in part by written conveyance or by operation of law from one person to another. A sale, option, pledge, or other voluntary transfer of approved emission reductions shall be enforceable against third parties provided a copy of the written conveyance or a memorandum describing the transaction, signed by the transferor, is filed with the district. An involuntary transfer of approved emission reductions shall be enforceable against third parties provided the transferee files with the district a certified copy of the document effecting such transfer or a memorandum describing the nature of such transfer. Notwithstanding any other provision of law, conflicting interests in approved emission reductions shall rank in priority according to the time of filing with the district. (Amended by Stats. 1980, Ch. 692.)
  33. 40712.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a source of approved air-pollution reduction has more than one owner, the initial title to the approved reductions is treated as being held by the co-owners in the same way they hold title to the source.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40712. If there is more than one owner of the source of the approved reductions in emission of air contaminants, initial title to such approved reductions shall be deemed held by such co-owners in the same manner as they hold title to the source of such reductions at the time such reductions are approved by the district air pollution control officer. (Added by Stats. 1979, Ch. 1111.)
  34. 40713.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A system under Section 40709 must include procedures for approving emission-reduction applications, including public comment procedures. If an application is refused, the applicant may ask for a district hearing board hearing within 30 days of the refusal notice.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40713. Any system established pursuant to Section 40709 shall contain procedures for the approval of reductions in emissions of air contaminants comparable to district permit procedures established pursuant to Section 42300, including, without limitation, procedures for public comment within 30 days after notice of any proposed approval. In the event the district air pollution control officer refuses to register, certify, or otherwise approve an application for a reduction in the emission of air contaminants pursuant to Section 40709, such applicant may, within 30 days after receipt of the notice of refusal, request the hearing board of the district to hold a hearing on whether the application was properly refused. (Added by Stats. 1979, Ch. 1111.)
  35. 40714.5.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Districts must grant emission reduction credits or marketable trading credits for qualifying exempt-source emission reductions without discount, and the credits must satisfy listed legal limits.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40714.5. (a) The Legislature hereby finds and declares all of the following: (1) Because of policy considerations, certain sources of air pollution are exempt from district permitting requirements or are not otherwise controlled by districts. (2) Emissions from some of these sources can be reduced through cost-effective measures, thereby creating additional emission reduction credits. (3) An increased supply of emission reduction credits is beneficial to local economies. (4) The purpose of this section is to provide an incentive to generate additional and fully valued emission reduction credits by encouraging emission reductions from these sources without subjecting them to a district permitting process. (b) (1) With respect to any emission reduction that occurs on or after January 1, 1991, at a source that was and remains exempt from district rules and regulations, the district shall grant emission reduction credits or marketable trading credits without any discount or reduction in the quantity of the emissions reduced at the source unless otherwise provided by law. Emission reduction credits or marketable trading credits issued by the district for those exempt sources may be reduced only when applied to the permitting of other stationary sources as a result of new source review, or in accordance with any applicable requirement of a marketable trading credit program. (2) Any credits issued by a district pursuant to this subdivision shall meet all of the requirements of state and federal law, including, but not limited to, all of the following requirements: (A) The credits shall not result in the crediting of air emissions which are already contemporaneously required by an emission control measure in a plan necessary to achieve state and federal ambient air standards. (B) The credits shall not provide for an additional discount of credits solely as a result of emission reduction credits trading if a district has already discounted the credit as part of its process of identifying and granting those credits to sources. (C) The credits shall not, in any manner, result in double-counting of emission reductions. (D) The credits shall be permanent, enforceable, quantifiable, and surplus. (3) This subdivision applies statewide in any area not otherwise excluded under subdivision (d) of Section 40709. (Amended by Stats. 2000, Ch. 729, Sec. 6. Effective January 1, 2001.)
  36. 40715.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Each district must establish and run supplemental toxic air contaminant monitoring networks, with fee funding capped at 50% of costs.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40715. (a) Every district shall establish and implement supplemental toxic air contaminant monitoring networks to supplement the existing monitoring capacity of the board and the districts as specified in the guidelines developed by the state board pursuant to Section 39668. The district may establish a schedule of fees to be paid to the district by sources of toxic air contaminants within the district which shall not exceed 50 percent of the costs of establishing and implementing these monitoring networks. Funds for the remaining 50 percent of the costs of establishing and implementing the supplemental toxic air contaminant monitoring networks shall be provided by the state board pursuant to subdivision (c) of Section 39668. Districts shall not be required to expend any district funds to establish and implement the supplemental toxic air contaminant monitoring program, as determined by Section 39668, that are in excess of the amount of state funds provided by the state board for that purpose. (b) It is the intent of the Legislature that this district supplemental toxic air contaminant monitoring program shall supplement existing laws and regulations to protect human health and safety from the adverse effects of toxic air contaminants and shall not limit the existing authority of any state or local agency to identify or control toxic air contaminants. (Added by Stats. 1987, Ch. 1219, Sec. 2.)
  37. 40716.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    A district may adopt and implement regulations to help attain state ambient air quality standards by reducing emissions and cutting vehicle trips.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40716. (a) In carrying out its responsibilities pursuant to this division with respect to the attainment of state ambient air quality standards, a district may adopt and implement regulations to accomplish both of the following: (1) Reduce or mitigate emissions from indirect and areawide sources of air pollution. (2) Encourage or require the use of measures which reduce the number or length of vehicle trips. (b) Nothing in this section constitutes an infringement on the existing authority of counties and cities to plan or control land use, and nothing in this section provides or transfers new authority over such land use to a district. (Amended by Stats. 1996, Ch. 777, Sec. 2. Effective January 1, 1997.)
  38. 40717.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Districts must adopt and enforce transportation control measures, and related plans must be developed, reviewed, and revised under specified conditions.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40717. (a) A district shall adopt, implement, and enforce transportation control measures for the attainment of state or federal ambient air quality standards to the extent necessary to comply with Section 40918, 40919, or 40920. (b) A district which has entered into an agreement with a council of governments or a regional agency to jointly develop a plan for transportation control measures shall develop the plan in accordance with all of the following: (1) The district shall establish the quantity of emission reductions from transportation sources necessary to attain state and federal ambient air standards. (2) The council of governments or regional agency, in cooperation with the district and any other person or entity authorized by the council of governments or regional agency, shall develop and adopt a plan to control emissions from transportation sources which will achieve the emission reductions established under paragraph (1). The plan shall include, at a minimum, a schedule for implementing transportation control measures, identification of potential implementing agencies and any agreements entered into by agencies to implement portions of the plan, and procedures for monitoring the effectiveness of and compliance with the measures in the plan. The council of governments or regional agency shall submit the plan to the district for its adoption according to a reasonable schedule developed by the district in consultation with the council of governments or regional agency. (3) Upon receipt of the plan submitted by the council of governments or regional agency, the district shall review and approve or disapprove the plan in the following manner: (A) The district shall review, adopt, and enforce the plan if it meets the criteria established by the district pursuant to paragraph (1) and has been submitted pursuant to the schedule established under paragraph (2). (B) If the district determines that the plan does not meet the criteria established pursuant to paragraph (1), the district shall return the plan to the council of governments or regional agency with comments which identify the reasons the plan does not meet the criteria established pursuant to paragraph (1). Within 45 days, the council of governments or regional agency shall review the district’s comments, revise the plan to meet the criteria established under paragraph (1), and resubmit the plan to the district. The district shall review and approve the revised plan if it meets the criteria established by the district pursuant to paragraph (1) and has been resubmitted to the district within 45 days. (C) If the plan is not submitted pursuant to the schedule established under paragraph (2), or if a plan revised by a council of governments or regional agency and resubmitted to a district pursuant to this subparagraph does not meet the criteria established under paragraph (1), the district shall develop, adopt, and enforce an alternative plan for transportation control measures. (4) Whenever the district revises its establishment of the quantity of emission reductions from transportation sources necessary to attain state and federal ambient air standards, the plan shall be revised, adopted, and enforced in accordance with paragraphs (1), (2), and (3). (c) Subdivision (b) shall not apply to the Sacramento district. Chapter 10 (commencing with Section 40950) shall govern preparation and enforcement of that plan for transportation control measures for the Sacramento district. (d) Notwithstanding subdivision (b), a district located in a county of the third class shall develop a plan for transportation control measures as follows: (1) The district, in consultation with the council of governments, shall develop, approve, and adopt criteria under which the plan shall be developed. (2) The council of governments shall develop and adopt a plan for transportation control measures which meets the criteria established by the district, and shall submit the plan to the district for its review and adoption according to a reasonable schedule developed by the district in consultation with the council of governments. (3) Upon receipt of the plan submitted by the council of governments, the district shall review and approve the plan if it meets the criteria established by the district pursuant to paragraph (1) and has been submitted pursuant to the schedule established under paragraph (2). If the district determines that the plan does not meet the criteria established pursuant to paragraph (1) or if the plan is not submitted pursuant to the schedule established under paragraph (2), the district shall develop and adopt an alternative plan for transportation control measures. (e) A district may delegate any function with respect to the implementation of transportation control measures to any local agency, if all of the following conditions are met: (1) The local agency submits to the district an implementation plan that provides adequate resources to adopt and enforce the measures, and the district approves the plan. (2) The local agency adopts and implements measures at least as stringent as those in the district plan. (3) The district adopts procedures to review the performance of the local agency in implementing the measures to ensure compliance with the district plan. (4) Multiple site employers with more than one regulated worksite in the district have the option of complying with the district rule and reporting directly to the district. Employers that exercise this option shall be exempt from the local agency trip reduction measure. (f) A district may revoke an authority granted under this section if it determines that the performance of the local agency is in violation of this section or otherwise inadequate to implement the district plan. (g) For purposes of this section, “transportation control measures” means any strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, or traffic congestion for the purpose of reducing motor vehicle emissions. (h) Nothing in this section shall preclude a local agency from implementing a transportation control measure that exceeds the requirements imposed by an air pollution control district or an air quality management district if otherwise authorized by law. (Amended by Stats. 1993, Ch. 1029, Sec. 2. Effective January 1, 1994.)
  39. 40717.5.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district that adopts or amends certain indirect-source air rules must first make specified feasibility, cost, and duplication findings. The district may delegate implementation to a city or county, and an indirect source may choose district-only implementation 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40717.5. (a) Any district that proposes to adopt or amend a rule or regulation pursuant to Section 40716 or 40717, which imposes any requirement on an indirect source to reduce vehicle trips or vehicle miles traveled, including, but not limited to, any rule or regulation affecting ridesharing or alternative transportation mode strategies, shall, prior to the adoption or amendment of the rule or regulation, do all of the following: (1) Ensure, to the extent feasible, and based upon the best available information, assumptions, and methodologies that are reviewed and adopted at a public hearing, that the proposed rule or regulation would require an indirect source to reduce vehicular emissions only to the extent that the district determines that the source contributes to air pollution by generating vehicle trips that would not otherwise occur. In complying with this paragraph, a district shall make reasonable and feasible efforts to assign responsibility for existing and new vehicle trips in a manner that equitably distributes responsibility among indirect sources. (2) Ensure that, to the extent feasible, the proposed rule or regulation does not require an indirect source to reduce vehicular trips that are required to be reduced by other rules or regulations adopted for the same purpose. (3) Take into account the feasibility of implementing the proposed rule or regulation. (4) Pursuant to Section 40922, consider the cost effectiveness of the proposed rule or regulation. (5) Determine that the proposed rule or regulation would not place any requirement on public agencies or on indirect sources that would duplicate any requirement placed upon those public agencies or indirect sources as a result of another rule or regulation adopted pursuant to Section 40716 or 40717. (b) A district may delegate to any city or county the responsibility to implement a rule or regulation that is subject to subdivision (a). However, if an indirect source subject to the rule or regulation has sites located both within and outside of the jurisdiction of a city or county to which that responsibility has been delegated, the indirect source may elect to be subject to the implementation of that rule or regulation only by the district. Notwithstanding Section 40454, an indirect source that elects to be regulated only by a district pursuant to this subdivision may also elect to include sites under district regulation that would not otherwise be subject to district regulation, and, in that event, shall not be subject to the implementation by a city or county of any requirement contained in that rule or regulation. (c) (1) Nothing in this section constitutes an infringement on the existing authority of counties and cities to plan, control, or condition land use, or on the ability of a city, county, or other public agency to impose trip reduction measures pursuant to a voter-mandated growth management program. (2) Nothing in this section provides or transfers new authority over land use to a district. (Amended by Stats. 2000, Ch. 890, Sec. 22. Effective January 1, 2001.)
  40. 40717.6.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Local or regional agencies generally may not require private entities or retail facilities to reduce shopping trips, add parking charges, or remove existing parking spaces, except as specifically allowed by another Government Code section.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40717.6. (a) No district or other local or regional agency shall impose any requirement on any private entity, including any requirement in any congestion management program adopted pursuant to Section 65089 of the Government Code, except as specifically provided in Section 65089.1 of the Government Code, to reduce shopping trips or to require the imposition of parking charges or the elimination of existing parking spaces at retail facilities. (b) Notwithstanding subdivision (a), nothing in this section shall be construed to prevent a city or county from doing any of the following: (1) Requiring retailers to make available to customers information concerning alternative transportation systems serving the retail site. (2) Imposing requirements on new development as a condition of development for the purpose of mitigation pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) Enacting requirements on retailers as a result of a voter imposed growth management initiative. (c) Nothing in this section shall be construed as a limitation on the land use authority of cities and counties. (Amended by Stats. 2006, Ch. 538, Sec. 400. Effective January 1, 2007.)
  41. 40717.8.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    This section limits what districts and certain local agencies may require of event centers, especially where an event center has high average vehicle ridership or has already reduced vehicle trips or miles traveled by 12.5% since 1987.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40717.8. (a) For purposes of this section, the following terms have the following meaning: (1) “Event center” means a community center, activity center, auditorium, convention center, stadium, coliseum, arena, sports facility, racetrack, pavilion, amphitheater, theme park, amusement park, fairgrounds, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of sporting events, athletic contests, contests of skill, exhibitions, conventions, meetings, spectacles, concerts, or shows, or for providing public amusement or entertainment. (2) “Average vehicle ridership” means the total number of attendees arriving in vehicles parking in areas controlled by the event center, divided by the total number of those vehicles parking in areas controlled by the event center. (b) (1) Notwithstanding Section 40717, or any other provision of this chapter, and to the extent consistent with federal law, no district, or regional or local agency to which a district has delegated the authority to implement transportation control measures pursuant to Section 40717, and which is acting pursuant to that delegated authority, shall do either of the following: (A) Require an event center which achieves an average vehicle ridership greater than 2.20 to implement any transportation control requirements that are intended to achieve reductions in vehicle trips or vehicle miles traveled by event center attendees. (B) Require an event center which, since 1987, has achieved a 12.5 percent reduction in vehicle trips or vehicle miles traveled, to implement additional transportation control requirements that are also intended to achieve reductions in vehicle trips or vehicle miles traveled by event center attendees. (2) A district, or regional or local agency, may require event centers which achieve an average vehicle ridership greater than 2.20, or which, since 1987, has achieved a 12.5 percent reduction in vehicle trips or vehicle miles traveled, to implement approved alternative strategies which will achieve emission reductions that are equivalent to those that would be achieved by the imposition of transportation control requirements intended to reduce vehicle trips or vehicle miles traveled by event center attendees, including, but not limited to, those strategies specified in subdivision (c). (c) A district or regional or local agency may impose requirements on any event center, without permitting that event center to implement alternative strategies to achieve equivalent emissions reductions, for any of the following purposes: (1) Traffic management before and after events. (2) Parking management and vehicle flow within parking areas controlled by the event center. (3) Reducing the amount of vehicle idling before and after events. (4) Implementing marketing or education programs designed to educate attendees on mass transit or other alternative transportation methods for transit to and from the event center. (5) Achieving a designated average vehicle ridership for vehicles which carry persons who are traveling to or from their employment at an event center. (6) Other emission reduction strategies not relating to reductions in vehicle trips or vehicle miles traveled by event center attendees. (Added by renumbering Section 40928 by Stats. 1998, Ch. 485, Sec. 108. Effective January 1, 1999.)
  42. 40717.9.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Public agencies generally may not require an employer to implement an employee trip reduction program, unless federal law expressly requires it and removing the program would trigger federal sanctions.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40717.9. (a) Notwithstanding Section 40454, 40457, 40717, 40717.1, or 40717.5, or any other provision of law, a district, congestion management agency, as defined in subdivision (b) of Section 65088.1 of the Government Code, or any other public agency shall not require an employer to implement an employee trip reduction program unless the program is expressly required by federal law and the elimination of the program will result in the imposition of federal sanctions, including, but not limited to, the loss of federal funds for transportation purposes. (b) Nothing in this section shall preclude a public agency from regulating indirect sources in any manner that is not specifically prohibited by this section, where otherwise authorized by law. (Added by renumbering Section 40929 by Stats. 1998, Ch. 485, Sec. 109. Effective January 1, 1999.)
  43. 40718.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    The state board must publish air-quality maps and criteria, and districts may prepare maps and submit them for review if they choose to do so.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40718. (a) Not later than January 1, 1990, the state board shall publish maps identifying those cities, counties, or portions thereof which have measured one or more violations of any state or federal ambient air quality standard. The state board shall produce at least one separate map for each pollutant. (b) A district may prepare the maps required under subdivision (a) for the area within its jurisdiction. If a district chooses to prepare maps, the district shall provide the maps to the state board for review not less than four months prior to the date when the state board is required to publish the maps, and pursuant to a schedule established by the state board for any subsequent maps. (c) The maps produced pursuant to subdivision (a) shall be based upon the most recent monitoring results, using the best technological capabilities and the best scientific judgment. The maps produced pursuant to subdivision (a) shall clearly identify portions of each district which have or have not measured one or more violations of any state or federal ambient air quality standard. The maps shall be representative of the actual air quality in each portion of the district. (d) The state board shall publish its criteria for preparing the maps pursuant to this section not later than January 31, 1989. To the extent applicable, the state board shall identify any criteria relating to meterological impact on monitored air quality data; reliability of monitored data; magnitude, frequency, and duration of periods when ambient air quality standards are exceeded; and the area within the district in which the standards are exceeded. (e) Any person may petition the state board to hold a public hearing on any proposed, adopted, amended, or revised map. If the petition is granted by the state board, the public hearing may be held at a regularly scheduled public hearing in Sacramento. Notice of the time and place of any hearing shall be given not less than 30 days prior to the hearing by publication in the district pursuant to Section 6061 of the Government Code. If a district includes portions of more than one county, the notice shall be published in each county not less than 30 days prior to the date of the hearing. The notice shall include a description of the map proposed to be adopted, amended, or repealed and a summary description of the effect of the proposal. (f) The state board shall review annually, and as appropriate revise, the maps required by this section, using the criteria developed pursuant to subdivision (c). (g) Nothing in this section is intended to prevent a district board from enacting and enforcing rules or regulations designed to prevent interference with or maintenance of state and federal air quality standards, or to prevent significant deterioration of air quality in any area of the district. (Added by Stats. 1988, Ch. 1225, Sec. 1.)
  44. 40719.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    District boards with ozone or oxidant emergency plans may hold hearings on intermittent transportation controls, and the board must define the controls, report to the Legislature within one year, and add its findings to the air quality management plan.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40719. (a) Except as provided in subdivision (d), every district board which has adopted an emergency episode plan for ozone or oxidant may conduct hearings on the adoption and implementation of intermittent transportation controls which shall be applicable, upon order of the district board, during periods in the months of June to October, inclusive, when an air pollution emergency, as defined in the Air Pollution Emergency Plan of the state board, has been called. (b) The district board, in cooperation with representatives of industry, transportation, and local governments in the district, shall conduct the hearings pursuant to subdivision (a) to define and designate the necessary transportation controls. The district board shall prepare and submit to the Legislature within one year a report on the findings from the hearings. (c) The district board shall incorporate its findings and determinations into the district air quality management plan. (d) Notwithstanding subdivisions (a) to (c), inclusive, in that portion of the bay district which is subject to the jurisdiction of the Metropolitan Transportation Commission, the commission, at the request of the bay district, shall undertake those duties and responsibilities set forth in subdivisions (a) to (c), inclusive, that relate to the conduct of hearings and the adoption and implementation of intermittent transportation controls and that relate to making recommended findings and determinations for the bay district for incorporation into the bay district’s air quality management plan. (Added by renumbering Section 40716 (as added by Stats. 1988, Ch. 160) by Stats. 1990, Ch. 216, Sec. 77.)
  45. 40720.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Marine terminals must avoid causing trucks to idle or queue for more than 30 minutes at the gate, unless an exception applies.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40720. (a) Each marine terminal in the state shall operate in a manner that does not cause trucks to idle or queue for more than 30 minutes while waiting to enter the gate into the marine terminal. (1) Any owner or operator of a marine terminal that operates in violation of this subdivision is subject to a two hundred fifty dollar ($250) fine per vehicle per violation. (2) Marine terminals in the state shall be monitored by the district with jurisdiction over that terminal to ensure compliance with this subdivision. (3) Citations for violations of this subdivision shall be issued by the applicable district, and shall include the truck license plate number or other unique identifier, which may include, but is not limited to, the cargo container number, the name of the marine terminal and port at which the violation occurred, and the date and time of the violation. (4) Any action taken by the marine terminal to assess, or seek reimbursement from, the driver or owner of a truck for a violation of this subdivision shall constitute a violation of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4. (5) Any owner or operator of a marine terminal or port, or any agent thereof, who takes any action intended to avoid or circumvent the requirements of this subdivision or to avoid or circumvent the reduction of emissions of particulate matter from idling or queuing trucks is subject to a seven hundred fifty dollar ($750) fine per vehicle per violation, including, but not limited to, either of the following actions: (A) Diverting an idling or queuing truck to area freeways or alternate staging areas, including, but not limited to, requiring a truck to idle or queue inside the gate of a marine terminal. (B) Requiring or directing a truckdriver to turn on and off an engine on a truck while that truck is idling or queuing. (6) The owner or operator of a marine terminal does not violate this subdivision by causing a truck to idle or queue for more than 30 minutes while waiting to enter the gate into the marine terminal, if the delay is caused by acts of God, strikes, or declared state and federal emergencies, or if the district finds that an unavoidable or unforeseeable event caused a truck to idle or queue and that the terminal is in good faith compliance with this section. (7) Failure to pay a fine imposed pursuant to paragraph (1) or (5) shall constitute a violation of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4. (b) (1) Subdivision (a) does not apply to any marine terminal that provides, as determined by the district, two continuous hours of uninterrupted, fully staffed receiving and delivery gates two hours prior to and after, peak commuter hours each day, at least five days per week. (2) For the purposes of this subdivision, “peak commuter hours” shall be those hours determined by the district, in consultation with the owners and operators of the marine terminals within the jurisdiction of each district and any labor union that is represented at those marine terminals. The district shall notify the marine terminals of the final determination of the peak commuter hours. (c) Subdivision (a) does not apply to any marine terminal that operates fully staffed receiving and delivery gates for 65 hours, five days per week, if that marine terminal is located at a port that processes less than 3 million containers (20-foot equivalent units (TEUs)) annually. (d) Subdivision (a) does not apply to any marine terminal that operates fully staffed receiving and delivery gates for 70 hours, five days per week, if that marine terminal is located at a port that processes more than 3 million containers (20-foot equivalent units (TEUs)) annually. (e) The district shall determine the necessary level of monitoring and enforcement commensurate with the level of the truck idling or queuing problem existing within its jurisdiction. (f) For the purposes of this section, “marine terminal” means a facility that meets all of the following criteria: (1) Is located at a bay or harbor. (2) Is primarily used for loading or unloading containerized cargo onto or off of a ship or marine vessel. (3) Contains one or more of the following: (A) Piers. (B) Wharves. (C) Slips. (D) Berths. (E) Quays. (4) Is located at a port that processes 100,000 or more containers (20-foot equivalent units (TEUs)) annually. (g) Notwithstanding paragraph (1) of subdivision (a), if a marine terminal implements a scheduling or appointment system for trucks to enter the terminal, the terminal shall be subject to a fine pursuant to subdivision (a) only for a truck that makes use of the system and that idles or queues for more than 30 minutes while waiting to enter the gate into the terminal, commencing from the start of the appointment or the time the truck arrives, whichever is later. The scheduling or appointment system shall meet all of the following requirements: (1) Provide appointments on a first-come-first-served basis. (2) Provide appointments that last at least 60 minutes and are continuously staggered throughout the day. (3) Not discriminate against any motor carrier that conducts transactions at the marine terminal in scheduling appointments. (4) Not interfere with a double transaction once inside the gate. (5) Not turn away or fine a motor carrier if that motor carrier misses an appointment. (Amended by Stats. 2004, Ch. 580, Sec. 1. Effective January 1, 2005.)
  46. 40723.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    An air district must review and, if needed, revise certain emissions-control requirements when an equipment owner or operator asks for review and shows specific supporting conditions.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40723. (a) It is the intent of the Legislature that, when an air district establishes best available control technology or lowest achievable emission rate requirements based in part on vendor representations, the requirements be achievable for the applicable source category. (b) Upon the request of any owner or operator of equipment that is subject to best available control technology or lowest achievable emission rate requirements, the district shall review whether the applicable requirements have been achieved and whether the requirements should be required for the source category or source if the owner or operator demonstrates that all of the following conditions are true: (1) The owner or operator purchased equipment that was subject to or intended by the manufacturer or vendor to satisfy federal, state, or local air district rules or permitting requirements that impose best available control technology or lowest achievable emission rate requirements. (2) An express warranty was provided to the owner or operator by the manufacturer or vendor that the equipment would achieve the best available control technology or lowest achievable emission rate requirements, or any specified emission rate or standard intended to satisfy those requirements. (3) The owner or operator made a reasonable effort, for a reasonable period of time, to operate the equipment in accordance with the operating conditions specified by the equipment manufacturer or vendor. (4) The equipment failed to meet the best available control technology or lowest achievable emission rate requirements covered by the warranty provided by the equipment manufacturer or vendor. (5) The applicable best available control technology or lowest achievable emission rate requirements were established primarily on the basis of the representations and data provided by the equipment manufacturer or vendor. (c) (1) If, after conducting a review pursuant to subdivision (b), the district determines that the applicable best available control technology or lowest achievable emission rate requirements are not achievable by a source, the district shall revise those requirements to a level achievable by that source. (2) If, after conducting a review pursuant to subdivision (b), the district determines that the applicable best available control technology or lowest achievable emission rate requirements are not achievable by a source category, the district shall revise those requirements to a level achievable by that source category. (d) This section shall be implemented in a manner consistent with applicable federal and state statutes, regulations, and requirements for the establishment of best available control technology and lowest achievable emission rate requirements. (Added by Stats. 2000, Ch. 501, Sec. 1. Effective January 1, 2001.)
  47. 40724.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Certain air districts must adopt, implement, and submit rules requiring BACM and BARCT for applicable agricultural sources, and follow a set schedule for workshop, adoption, and implementation.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40724. (a) Each district that is designated as a serious federal nonattainment area for an applicable ambient air quality standard for particulate matter as of January 1, 2004, shall adopt, implement, and submit for inclusion in the state implementation plan, a rule or regulation requiring best available control measures (BACM) for sources for which those measures are applicable and best available retrofit control technology (BARCT) to reduce air pollutants from sources for which that technology is applicable for agricultural practices, including, but not limited to, tilling, discing, cultivation, and raising of animals, and for fugitive emissions from those agricultural practices a manner similar to other source categories by the earliest feasible date, but not later than January 1, 2006. The rule or regulation shall also include BACM and BARCT to reduce precursor emissions in a manner commensurate to other source categories that the district show cause or contribute to a violation of an ambient air quality standard. Each district that is subject to this subdivision shall comply with the following schedule with respect to the rule or regulation imposing BACM and BARCT: (1) On or before September 1, 2004, notice and hold at least one public workshop for the purpose of accepting public testimony on the proposed rule or regulation. (2) On or before July 1, 2005, adopt the final rule or regulation at a noticed public hearing. (3) On or before January 1, 2006, commence implementation of the rule or regulation. (b) Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed on a district or a source of air pollution pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (c) In adopting a rule or regulation pursuant to this section, a district shall do all of the following: (1) Ensure the size and duration of use of an internal combustion engine subject to BARCT pursuant to this section is commensurate to the size and duration of use of internal combustion engines subject to regulation by a district or the state board regulated at other stationary sources. (2) Ensure that BARCT established pursuant to this section for an internal combustion engine is similar to BARCT for other stationary source engines subject to regulation by a district or the state board. (3) Ensure that the cost-effectiveness of BARCT for an internal combustion engine subject to this section is similar to the cost-effectiveness of BARCT for other internal combustion engines subject to regulation by a district or the state board. (4) Compare the cost-effectiveness of BARCT for an internal combustion engine subject to this section to the list of available and proposed control measures prepared pursuant to Section 40922. (5) Adopt control measures pursuant to this section in order of their cost-effectiveness, unless a district determines that a different order of adoption is necessary due to the enforceability, public acceptability, or technological feasibility of a given control measure, or to expeditiously attain or maintain a national or state ambient air quality standard. (6) Except as otherwise provided under this section, ensure that any rule or regulation adopted pursuant to this section complies with all applicable requirements of this division, including, but not limited to, any applicable requirements established pursuant to Sections 40703, 40727, 40728.5, and 40920.6. (7) Hold at least one public meeting that is conducted at a time and location that the district determines is convenient to the public at which the district reviews the comparison prepared pursuant to paragraph (4). (d) Nothing in this section limits the authority of a district to regulate a source including, but not limited to, a stationary source that is an agricultural source over which it otherwise has jurisdiction pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act. Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed upon a district or a source of air pollution pursuant to the federal Clean Air Act. This section may not be interpreted to delay or otherwise affect the adoption, implementation, or enforcement of any measure that was adopted, or included in a rulemaking calendar or air quality implementation plan that was adopted, by the district prior to January 1, 2004. (Added by Stats. 2003, Ch. 479, Sec. 4. Effective January 1, 2004.)
  48. 40724.5.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    Certain air pollution control districts must adopt and implement control measures for agricultural and fugitive emissions by the earliest feasible date, no later than January 1, 2007, unless a public hearing shows agricultural practices do not significantly contribute to violations.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40724.5. (a) By the earliest feasible date, but no later than January 1, 2007, each district that is designated a moderate federal nonattainment area for an applicable ambient air quality standard for particulate matter as of January 1, 2004, and that is not subject to the requirements of Section 40724, shall adopt and implement control measures necessary to reduce emissions from agricultural practices, including, but not limited to, tilling, discing, cultivation, and raising of animals, and from fugitive emissions in a manner similar to other source categories from those activities by the earliest feasible date. Control measures adopted and implemented pursuant to this section shall also be implemented by the district to reduce precursor emissions in a manner commensurate to other source categories that the district show cause or contribute to a violation of an ambient air quality standard. (b) A district is not required to adopt and implement control measures pursuant to this section if it determines in a public hearing that agricultural practices do not significantly cause or contribute to a violation of state or federal standards. (c) In adopting a rule or regulation pursuant to this section, a district shall do all of the following: (1) Ensure the size and duration of use of an internal combustion engine subject to BARCT pursuant to this section is commensurate to the size and duration of use of internal combustion engines subject to regulation by a district or the state board regulated at other stationary sources. (2) Ensure that BARCT established pursuant to this section for an internal combustion engine is similar to BARCT for other stationary source engines subject to regulation by a district or the state board. (3) Ensure that the cost-effectiveness of BARCT for an internal combustion engine subject to this section is similar to the cost-effectiveness of BARCT for other internal combustion engines subject to regulation by a district or the state board. (4) Compare the cost-effectiveness of BARCT for an internal combustion engine subject to this section to the list of available and proposed control measures prepared pursuant to Section 40922. (5) Adopt control measures pursuant to this section in order of their cost-effectiveness, unless a district determines that a different order of adoption is necessary due to the enforceability, public acceptability, or technological feasibility of a given control measure, or to expeditiously attain or maintain a national or state ambient air quality standard. (6) Except as otherwise provided under this section, ensure that any rule or regulation adopted pursuant to this section complies with all applicable requirements of this division, including, but not limited to, any applicable requirements established pursuant to Sections 40703, 40727, 40728.5, and 40920.6. (7) Hold at least one public meeting that is conducted at a time and location that the district determines is convenient to the public at which the district reviews the comparison prepared pursuant to paragraph (4). (d) Nothing in this section limits the authority of a district to regulate a source including, but not limited to, a stationary source that is an agricultural source over which it otherwise has jurisdiction pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act. Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed upon a district or a source of air pollution pursuant to the federal Clean Air Act. This section may not be interpreted to delay or otherwise affect the adoption, implementation, or enforcement of any measure that was adopted, or included in a rulemaking calendar or air quality implementation plan that was adopted, by the district prior to January 1, 2004. (e) Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any requirements imposed on a district or a source of air pollution pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (Added by Stats. 2003, Ch. 479, Sec. 5. Effective January 1, 2004.)
  49. 40724.6.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

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    This section requires certain air district rules for large confined animal facilities, sets permit and review deadlines, and gives permit holders an appeal right.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40724.6. (a) On or before July 1, 2005, the state board shall review all available scientific information, including, but not limited to, emissions factors for confined animal facilities, and the effect of those facilities on air quality in the basin and other relevant scientific information, and develop a definition for the source category of a “large confined animal facility” for the purposes of this section. In developing that definition, the state board shall consider the emissions of air contaminants from those sources as they may affect the attainment and maintenance of ambient air quality standards. (b) Not later than July 1, 2006, each district that is designated as a federal nonattainment area for ozone as of January 1, 2004, shall adopt, implement, and submit for inclusion in the state implementation plan, a rule or regulation that requires the owner or operator of a large confined animal facility, as defined by the state board pursuant to subdivision (a), to obtain a permit from the district to reduce, to the extent feasible, emissions of air contaminants from the facility. (c) A district may require a permit for a large confined animal facility with actual emissions that are less than one-half of any applicable emissions threshold for a major source in the district for any air contaminant, including, but not limited to, fugitive emissions in a manner similar to other source categories, if prior to imposing that requirement the district makes both of the following determinations in a public hearing: (1) A permit is necessary to impose or enforce reductions in emissions of air pollutants that the district show cause or contribute to a violation of a state or federal ambient air quality standard. (2) The requirement for a source or category of sources to obtain a permit would not impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution. (d) The rule or regulation adopted pursuant to subdivision (b) shall do all of the following: (1) Require the owner or operator of each large confined animal facility to submit an application for a permit within six months from the date the rule or regulation is adopted by the district that includes both of the following: (A) The information that the district determines is necessary to prepare an emissions inventory of all regulated air pollutants emitted from the operation, including, but not limited to, precursor and fugitive emissions, using emission factors approved by the state board in a public hearing. (B) An emissions mitigation plan that demonstrates that the facility will use reasonably available control technology in moderate and serious nonattainment areas, and best available retrofit control technology in severe and extreme nonattainment areas, to reduce emissions of pollutants that contribute to the nonattainment of any ambient air quality standard, and that are within the district’s regulatory authority. (2) Require the district to act upon an application for permit submitted pursuant to paragraph (1) within six months of a completed application, as determined by the district. (3) Require the owner or operator to implement the plan contained in the permit approved by the district, and establish a reasonable period, of not more than three years, after which each permit shall be reviewed by the district and updated to reflect changes in the operation or the feasibility of mitigation measures. The updates required by this paragraph are not required to be submitted for inclusion into the state implementation plan. (4) Establish a reasonable compliance schedule for facilities to implement control measures within one year of the date on which the permit is approved by the district, and shall provide for 30 days’ public notice and comment on any draft permit. (e) Prior to adopting a rule or regulation pursuant to subdivision (b), a district shall, to the extent data are available, perform an assessment of the impact of the rule or regulation. The district shall consider the impacts of the rule or regulation in a public hearing, and make a good faith effort to minimize any adverse impacts. The assessment shall include all of the following: (1) The category of sources affected, including, but not limited to, the approximate number of affected sources, and the size of those sources. (2) The nature and quantity of emissions from the category, and the significance of those emissions in adversely affecting public health and the environment and in causing or contributing to the violation of a state or federal ambient air quality standard. (3) The emission reduction potential. (4) The impact on employment in, and the economy of, the region affected. (5) The range of probable costs to affected sources and businesses. (6) The availability and cost-effectiveness of alternatives. (7) The technical and practical feasibility. (8) Any additional information on impacts that is submitted to the district board for consideration. (f) Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed on a district or a source of air pollution pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (g) In adopting a rule or regulation pursuant to this section, a district shall comply with all applicable requirements of this division, including, but not limited to, the requirements established pursuant to Sections 40703, 40727, and 40728.5. (h) A permitholder may appeal any district determination or decision required by this section pursuant to Section 42302.1, in addition to any other applicable remedy provided by law. (i) Nothing in this section authorizes a district to adopt a rule or regulation that is duplicative of a rule or regulation adopted pursuant to Sections 40724 and 40724.5. (j) Nothing in this section limits the authority of a district to regulate a source, including, but not limited to, a stationary source that is an agricultural source over which it otherwise has jurisdiction pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or any rules or regulations adopted pursuant to that act. Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed upon a district or a source of air pollution pursuant to the federal Clean Air Act. This section may not be interpreted to delay or otherwise affect adoption, implementation, or enforcement of any measure that was adopted, or included in a rulemaking calendar or air quality implementation plan that was adopted, by the district prior to January 1, 2004. (Amended by Stats. 2004, Ch. 183, Sec. 219. Effective January 1, 2005.)
  50. 40724.7.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain ozone-attainment districts must adopt a specified rule or regulation by July 1, 2006, unless a district board makes a qualifying public-hearing finding.

    ## 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 6. General Powers and Duties [40700 - 40724.7] ( Chapter 6 added by Stats. 1975, Ch. 957. ) ## 40724.7. (a) A district that is designated as being in attainment for the federal ambient air standard for ozone shall adopt a rule or regulation as described in Section 40724.6 shall fulfill both of the following conditions: (1) The regulation shall be adopted not later than July 1, 2006, unless a district board makes a determination in a public hearing, based on substantial scientific evidence in the record, that large confined animal facilities will not contribute to a violation of any state or federal ambient air quality standard. (2) The regulation may not be submitted for inclusion in the state implementation plan. (b) Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed on a district or a source of air pollution pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (c) In adopting a rule or regulation pursuant to this section, a district shall comply with all applicable requirements of this division, including, but not limited to, the requirements established pursuant to Section 40703, 40727, and 40728.5. (d) Nothing in this section authorizes a district to adopt a rule or regulation that is duplicative of a rule or regulation adopted pursuant to Section 40724. (e) The rule or regulation adopted by a district pursuant to this section is not required to be submitted for inclusion into the state implementation plan. (Added by Stats. 2003, Ch. 479, Sec. 7. Effective January 1, 2004.)
  51. 40725.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    A district board may not change a rule or regulation unless it first holds a public hearing, and it must give advance notice and invite public comment.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40725. (a) A district board shall not adopt, amend, or repeal any rule or regulation without first holding a public hearing thereon. (b) Notice of the time and place of a public hearing to adopt, amend, or repeal any rule or regulation shall be given not less than 30 days prior thereto to the state board, which notice shall include a copy of the rule or regulation proposed to be adopted, amended, or repealed, as the case may be, and a summary description of the effect of the proposal, and by publication in the district pursuant to Section 6061 of the Government Code. In addition, in the case of a district which includes portions of more than one county, the notice shall be published in each county not less than 30 days prior to the date of the hearings. (c) Notice published pursuant to subdivision (b) shall invite written public comment and indicate the name, address, and telephone number of the district officer to whom these comments are to be addressed, and the date by which comments are to be received. (Added by Stats. 1986, Ch. 758, Sec. 2.)
  52. 40726.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    A district board may continue or postpone the public hearing, and may adopt, amend, or repeal a rule or regulation after considering relevant matters.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40726. The public hearing held pursuant to Section 40725 shall provide for the submission of statements, arguments, or contentions, either oral, written, or both. A district board may continue or postpone the hearing from time to time, to a time and place as it shall determine. Following consideration of all relevant matter presented, a district board may adopt, amend, or repeal a rule or regulation, unless the board makes changes in the text originally made available to the public that are so substantial as to significantly affect the meaning of the proposed rule or regulation. The board shall not take action on a changed text before its next regular meeting, and shall allow further statements, arguments, and contentions, either written, oral, or both, to be made and considered prior to taking final action. (Added by Stats. 1986, Ch. 758, Sec. 2.)
  53. 40727.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    Before changing a rule or regulation, the district board must make findings on necessity, authority, clarity, consistency, nonduplication, and reference.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40727. (a) Before adopting, amending, or repealing a rule or regulation, the district board shall make findings of necessity, authority, clarity, consistency, nonduplication, and reference, as defined in this section, based upon information developed pursuant to Section 40727.2, information in the rulemaking record maintained pursuant to Section 40728, and relevant information presented at the hearing. (b) As used in this section, the following terms have the following meaning: (1) “Necessity” means that a need exists for the regulation, or for its amendment or repeal, as demonstrated by the record of the rulemaking authority. (2) “Authority” means that a provision of law or of a state or federal regulation permits or requires the regional agency to adopt, amend, or repeal the regulation. (3) “Clarity” means that the regulation is written or displayed so that its meaning can be easily understood by the persons directly affected by it. (4) “Consistency” means that the regulation is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state or federal regulations. (5) “Nonduplication” means that a regulation does not impose the same requirements as an existing state or federal regulation unless a district finds that the requirements are necessary or proper to execute the powers and duties granted to, and imposed upon, a district. (6) “Reference” means the statute, court decision, or other provision of law that the district implements, interprets, or makes specific by adopting, amending, or repealing a regulation. (Amended by Stats. 1997, Ch. 519, Sec. 1. Effective January 1, 1998.)
  54. 40727.2.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    A district must prepare a written analysis when complying with Section 40727 and use it to compare applicable air pollution control requirements for the same equipment or source type.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40727.2. (a) In complying with Section 40727, the district shall prepare a written analysis as required by this section. In the analysis, the district shall identify all existing federal air pollution control requirements, including, but not limited to, emission control standards constituting best available control technology for new or modified equipment, that apply to the same equipment or source type as the rule or regulation proposed for adoption or modification by the district. The analysis shall also identify any of that district’s existing or proposed rules and regulations that apply to the same equipment or source type, and all air pollution control requirements and guidelines that apply to the same equipment or source type and of which the district has been informed pursuant to subdivision (b). The analysis shall be in a format that minimizes paperwork and, at the option of the district, may be in matrix form. (b) Within 60 days from the date of a district’s publication, pursuant to Section 40923, of the list of regulatory measures proposed for adoption in the following year, any person may inform the district of any existing federal or state air pollution control requirement or guideline or proposed or existing district air pollution control requirement or guideline that applies to the same type of source or equipment in that district as any proposed new or amended district rule or regulation on that district’s list of regulatory measures. If any person informs the district of any requirement or guideline that does not apply to the same type of source or equipment, the district shall notify the person to that effect and shall not be required to review that requirement or guideline. (c) The analysis prepared pursuant to subdivision (a) shall compare the elements of each of the identified air pollution control requirements to the corresponding element or elements of the district’s proposed new or amended rule or regulation. (d) Air pollution control requirement elements to be reviewed pursuant to subdivision (c) are all of the following: (1) Averaging provisions, units, and any other pertinent provisions associated with emission limits. (2) Operating parameters and work practice requirements. (3) Monitoring, reporting, and recordkeeping requirements, including test methods, format, content, and frequency. (4) Any other element that the district determines warrants review. (e) If one or more elements of a district’s proposed new or amended rule or regulation differs from corresponding elements of any existing air pollution control requirement or guideline applicable to the same equipment or source type, the analysis prepared pursuant to subdivision (a) shall note the difference or differences. (f) The public hearing notice given to the state board pursuant to subdivision (b) of Section 40725, and any notice mailed to interested persons, shall include a statement indicating that the analysis required by this section has been prepared, and shall provide the name, address, and telephone number of a district officer from whom copies may be requested. The analysis required by this section shall be provided to the public upon request. (g) If a district’s proposed new or amended rule or regulation does not impose a new emission limit or standard, make an existing emission limit or standard more stringent, or impose new or more stringent monitoring, reporting, or recordkeeping requirements, or if the proposed new or amended rule or regulation is a verbatim adoption or incorporation by reference of a federal New Source Performance Standard adopted pursuant to Section 111 of the federal Clean Air Act (42 U.S.C. Sec. 7411) or an airborne toxic control measure established by the state board pursuant to Section 39658, a district may elect to comply with subdivision (a) by finding that the proposed new or amended rule or regulation falls within one or more of the categories specified in this subdivision. (h) Nothing in this section limits the existing authority of districts to determine the form, content, and stringency of their rules and regulations. In implementing this section, it is the intent of the Legislature that the districts retain their existing authority and flexibility to tailor their air pollution emission control requirements to local circumstances. (i) For purposes of this section, a district rule or regulation shall be considered “proposed” if the rule or regulation has been made available to the general public in connection with a request for comments. (j) To the extent that the district board determines that there are additional costs imposed by this section, the district board shall recover those additional costs through the imposition of fees on regulated entities. (Amended by Stats. 2000, Ch. 729, Sec. 7. Effective January 1, 2001.)
  55. 40728.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    Every district must keep a file for each regulation, and that file is the record of the rulemaking proceeding.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40728. Every district shall maintain a file of each regulation which shall be deemed to be the record for that rulemaking proceeding. The file shall include all of the following: (a) Copies of any petitions received by the district from interested persons proposing the adoption, amendment, or repeal of the regulation. (b) Copies of published notices of proposed adoption, amendment, or repeal of the regulation. (c) All data and other factual information, any studies or reports, and written comments submitted to the district in connection with the adoption, amendment, or repeal of the regulation. (d) A transcript, recording, or minutes of any public hearing connected with the adoption, amendment, or repeal of the regulation. (e) The text of regulations as originally proposed, and the modified text of regulations, if any, that were made available to the public prior to the adoption. (Added by Stats. 1986, Ch. 758, Sec. 2.)
  56. 40728.5.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    Districts covered by this section must assess socioeconomic impacts before proposing major air-quality or emissions rules, and district boards must consider those impacts and try to minimize harm.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40728.5. (a) Whenever a district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality or emissions limitations, that agency shall, to the extent data are available, perform an assessment of the socioeconomic impacts of the adoption, amendment, or repeal of the rule or regulation. The district board shall actively consider the socioeconomic impact of regulations and make a good faith effort to minimize adverse socioeconomic impacts, as defined below. This section does not apply to the adoption, amendment, or repeal of any rule or regulation that results in any less restrictive emissions limit if the action does not interfere with the district’s adopted plan to attain ambient air quality standards, or does not result in any significant increase in emissions. (b) For purposes of this section, “socioeconomic impact” means the following: (1) The type of industries or business, including small business, affected by the rule or regulation. (2) The impact of the rule or regulation on employment and the economy of the region affected by the adoption of the rule or regulation. (3) The range of probable costs, including costs to industry or business, including small business, of the rule or regulation. (4) The availability and cost-effectiveness of alternatives to the rule or regulation being proposed or amended. (5) The emission reduction potential of the rule or regulation. (6) The necessity of adopting, amending, or repealing the rule or regulation to attain state and federal ambient air standards pursuant to Chapter 10 (commencing with Section 40910). (c) To the extent that information on the socioeconomic impact of a regulation is required to be developed by a district pursuant to other provisions of this division, that information may be used or referenced in the assessment in order to comply with the requirements of this section. (d) This section does not apply to any district with a population of less than 500,000 persons. (e) Upon the approval by a majority vote of the district board, a county district is not required to include the analysis specified in paragraphs (2) and (4) of subdivision (b) in any assessment of socioeconomic impacts for any rule or regulation that only adopts a requirement that is substantially similar to, or is required by, a state or federal statute, regulation, or applicable formal guidance document. Examples of state or federal formal guidance documents include, but are not limited to, federal Control Techniques Guidelines, state and federal reasonably available control technology determinations, state best available retrofit control technology determinations, and state air toxic control measures. (Amended by Stats. 2000, Ch. 729, Sec. 8. Effective January 1, 2001.)
  57. 40730.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    A district may run compliance-assistance programs and may share factual, nonconfidential compliance information, but it may not include recommendations.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40730. (a) A district may establish programs to assist the public, government agencies, and businesses in complying with district regulations. (b) For the purposes of a program established pursuant to subdivision (a), a district may provide to any person any factual nonconfidential information regarding any product or service that is in compliance with district regulations, and regarding the air emissions associated with a particular use of that product or service. The provision of that information, upon request or otherwise, shall not include any recommendation to any person with respect to any product or service. (Added by Stats. 1994, Ch. 247, Sec. 1. Effective January 1, 1995.)
  58. 40731.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. )

    Verify source ↗

    The California Air Pollution Control Officers Association must develop a clearinghouse of control measures and strategies for agricultural air-pollution sources by January 1, 2005.

    ## 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 6.5. Regulations of Air Pollution Control and Air Quality Management Boards [40725 - 40731] ( Chapter 6.5 added by Stats. 1986, Ch. 758, Sec. 2. ) ## 40731. In order to assist in the development of the BACM, RACM, and BARCT measures specified in Sections 40724, 40724.5, and 40724.6, and to reduce or eliminate emissions of regulated air pollutants and their precursors, the California Air Pollution Control Officers Association, in consultation with the state board and other interested parties, shall, not later than January 1, 2005, develop a clearinghouse of available control measures and strategies for agricultural sources of air pollution and emissions from agricultural operations, including, but not limited to, the following sources: (a) Operations that create fugitive dust emissions, including, but not limited to, discing, tilling, material handling and storage, and travel on unpaved roads. (b) Confined animal facilities, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, or milking parlor, including, but not limited to, a system for the collection, storage, treatment, and distribution of liquid or solid manure from domestic animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks, if those animals are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes, and feeding is by means other than grazing. (c) Internal combustion engines used in the production of crops or the raising of animals or fowl, except an engine that is used to propel an implement of husbandry, as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003. (d) Other equipment, operations, or activities associated with the growing of crops or the raising of fowl or animals, that emit, or cause to be emitted, any regulated air pollutant, or any precursor to any regulated air pollutant. (Added by Stats. 2003, Ch. 479, Sec. 8. Effective January 1, 2004.)
  59. 40750.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Each district board must appoint an air pollution control officer for 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 40750. Each district board shall appoint an air pollution control officer for the district. (Added by Stats. 1975, Ch. 957.)
  60. 40751.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The air pollution control officer must appoint district personnel, including necessary deputies, and must do so subject to the direction of the district board.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 40751. Subject to the direction of the district board, the air pollution control officer shall appoint district personnel, including any deputies necessary for the prompt and faithful discharge of the air pollution control officer’s duties. (Amended by Stats. 2010, Ch. 699, Sec. 29.5. (SB 894) Effective January 1, 2011.)
  61. 40752.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The air pollution control officer must observe and enforce this part, Part 4 starting at Section 41500, district board orders/regulations/rules, district hearing board variances/standards, and permit conditions under Sections 42301 and 42301.10.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 40752. The air pollution control officer shall observe and enforce all of the following: (a) This part and Part 4 (commencing with Section 41500). (b) All orders, regulations, and rules prescribed by the district board. (c) All variances and standards which the district hearing board has prescribed. (d) All permit conditions imposed pursuant to Sections 42301 and 42301.10. (Amended by Stats. 1994, Ch. 727, Sec. 2. Effective January 1, 1995.)
  62. 40753.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The air pollution control officer may enforce certain Vehicle Code emission-control provisions and may stop, detain, and inspect vehicles on a public highway. A person who interferes or refuses to stop a vehicle when ordered is guilty of a misdemeanor.

    ## 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 7. Air Pollution Control Officer [40750 - 40753] ( Chapter 7 added by Stats. 1975, Ch. 957. ) ## 40753. The air pollution control officer may observe and enforce all provisions of Division 12 (commencing with Section 24000) of the Vehicle Code relating to the emission or control of air contaminants, except Sections 27157, 27157.5, 27158, and 27158.5. In observing and enforcing such provisions of the Vehicle Code, the air pollution control officer may stop, detain, and inspect any vehicle on a public highway. Any person who interferes with such action, or who refuses to stop a vehicle under his control upon the order, of the air pollution control officer is guilty of a misdemeanor. (Added by Stats. 1975, Ch. 957.)
  63. 40800.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Each district must have one or more five-member hearing boards appointed by the district board, and the board may appoint alternates.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40800. There is continued in existence and shall be, in each district, one or more hearing boards consisting of five members each, as specified in Section 40801, appointed by the district board. The district board may also appoint one alternate for each member. The alternate shall have the same qualifications, specified in Section 40801, as the member for whom such person is the alternate. The alternate may serve only in the absence of the member, and for the same term as the member. An alternate shall not hold any of the single member hearings authorized by subdivision (c) of Section 40824, subdivision (c) of Section 40825, Section 42351.5, or Section 42359.5. (Amended by Stats. 1979, Ch. 239.)
  64. 40800.5.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may designate its hearing board as a district hearing panel, and the laws and regulations that apply to hearing boards under this chapter also apply to that designated panel.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40800.5. Any district board may designate the hearing board appointed by it as the “district hearing panel.” Every provision of every statute and every regulation that relates to hearing boards appointed pursuant to this chapter shall be fully applicable to any district hearing panel that is so designated pursuant to this section. (Added by Stats. 1988, Ch. 1412, Sec. 5.)
  65. 40801.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board must be made up of four specified members: a lawyer, a registered professional engineer, a medical professional with certain specialty interests, and two public members.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40801. A hearing board shall consist of: (a) One member admitted to the practice of law in this state. (b) One member who is a professional engineer registered as such pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (c) One member from the medical profession whose specialized skills, training, or interests are in the fields of environmental medicine, community medicine, or occupational/toxicologic medicine. (d) Two public members. (Added by Stats. 1975, Ch. 957.)
  66. 40802.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a district with fewer than 750,000 people cannot appoint a qualified, willing, and able person under Section 40801 and a vacancy results, the county district board may appoint any person to the hearing board.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40802. If the district board, in the case of a district with a population of less than 750,000, is unable to appoint a person with the qualifications specified in Section 40801 who is willing and able to serve, and for that reason a vacancy exists on the hearing board, the county district board may, in order to fill that vacancy, appoint any person to the hearing board. (Amended by Stats. 1990, Ch. 150, Sec. 1.)
  67. 40803.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District or county officers and employees may not serve as members of the district hearing board.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40803. No officer or employee of the district, or of the county in the case of a county district, shall be a member of the district hearing board. (Added by Stats. 1975, Ch. 957.)
  68. 40804.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Members of a hearing board generally serve three-year terms, but initial members appointed after January 1, 1974 are staggered into one-, two-, and three-year terms.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40804. The terms of the members of a hearing board shall be three years. In the case of the initial members of a hearing board appointed subsequent to January 1, 1974, two shall serve for a term of one year, two for a term of two years, and one for a term of three years. (Added by Stats. 1975, Ch. 957.)
  69. 40805.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The regional district board must appoint a hearing board within 30 days after the regional district begins functioning and exercising its powers.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40805. Within 30 days after a regional district begins to function and exercise its powers, the regional district board shall appoint a hearing board. (Added by Stats. 1975, Ch. 957.)
  70. 40806.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board must choose a chairman from among its members.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40806. A hearing board shall select a chairman from its members. (Added by Stats. 1975, Ch. 957.)
  71. 40807.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board may adopt rules for conducting its hearings.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40807. A hearing board may adopt rules for the conduct of its hearings. The rules shall be consistent with this division and, so far as practicable, shall conform to the rules for administrative adjudication by state agencies in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. Where a district has two or more hearing boards, the rules shall be the same for all the hearing boards. (Amended by Stats. 1976, Ch. 1063.)
  72. 40808.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board may not issue, modify, or revoke an abatement order, permit, or variance unless it has held a public hearing under this chapter, except as Section 42359 allows.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40808. Except as provided for in Section 42359, no abatement order, permit, or variance may be issued, modified, or revoked by a hearing board, unless a public hearing thereon has been held by the hearing board pursuant to this chapter. (Added by Stats. 1975, Ch. 957.)
  73. 40809.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The county counsel may represent both the district and the hearing board for a matter before the hearing board, if the same individual attorney does not represent both.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [40800 - 40809] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 40809. (a) The office of the county counsel may represent both the district and the hearing board on a matter relating to a hearing before the hearing board as long as the same individual attorney does not represent both the district and the hearing board. (b) This section does not apply to the bay district or the south coast district. (Added by Stats. 1986, Ch. 28, Sec. 1.)
  74. 40820.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board quorum is three members, and the board may act only when a quorum is present and a majority of members vote yes, subject to listed exceptions.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40820. Except as provided in Section 40501.1, subdivision (c) of Section 40824, subdivision (c) of Section 40825, Section 42351.5, and Section 42359.5, three members of the hearing board shall constitute a quorum, and no action shall be taken by the hearing board except in the presence of a quorum and upon the affirmative vote of a majority of the members of the hearing board. (Repealed and added by Stats. 1988, Ch. 1412, Sec. 7.)
  75. 40821.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board may, in its discretion, rehear any matter if at least four members are present and it acts within 30 days of the decision’s effective date.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40821. A hearing board, with not fewer than four members present, may, in its discretion, within 30 days of the effective date of the decision, rehear any matter. (Amended by Stats. 1988, Ch. 1412, Sec. 8.)
  76. 40822.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board must hold any hearing in a location that is readily accessible to the public.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40822. Any hearing conducted by a hearing board shall be held in a location readily accessible to the public. (Added by Stats. 1975, Ch. 957.)
  77. 40823.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board must give hearing notice to the district air pollution control officer and the affected applicant or permittee at least 10 days before the hearing, and also notify requesting persons and publish the notice in a local daily newspaper, unless Sections 40824, 40825, or 40826 apply.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40823. (a) Except as otherwise provided in Sections 40824, 40825, and 40826, a hearing board shall serve a notice of the time and place of a hearing upon the district air pollution control officer, and upon the applicant or permittee affected, not less than 10 days prior to such hearing. (b) Except as otherwise provided in Sections 40824, 40825, and 40826, the hearing board shall also send notice of the hearing to every person who requests such notice and obtain publication of such notice in at least one daily newspaper of general circulation within the district. The notice shall state the time and place of the hearing and such other information as may be necessary to reasonably apprise the people within the district of the nature and purpose of the meeting. (Added by Stats. 1975, Ch. 957.)
  78. 40824.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    For interim variance hearings, the hearing board must give reasonable notice to the district air pollution control officer and the applicant; in smaller districts, a designated board member may hear the application, and contested single-member decisions must be reheard by the full board within 10 days.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40824. In case of a hearing to consider an application for an interim variance, as authorized under Section 42351: (a) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant. (b) Subdivision (b) of Section 40823 shall not apply. (c) In districts with a population of less than 750,000, the chairperson of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. (Amended by Stats. 1987, Ch. 362, Sec. 1.)
  79. 40825.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    For certain variance or schedule-modification hearings, the hearing board must give at least 10 days’ notice to specified parties, and in smaller districts a designated board member may hear the application unless a public contest requires rehearing by the full board.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40825. In case of a hearing to consider an application for a variance, or a series of variances, to be in effect for a period of not more than 90 days, or an application for modification of a schedule of increments of progress: (a) The hearing board shall serve a notice of the time and place of a hearing to grant such a variance or modification upon the air pollution control officer, all other districts within the air basin, the state board, the Environmental Protection Agency, and upon the applicant or permittee, not less than 10 days prior to such hearing. (b) Subdivision (b) of Section 40823 shall not apply. (c) In districts with a population of less than 750,000, the chairman of the hearing board, or any other member of the hearing board designated by the board, may hear such an application. If any member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. (Amended by Stats. 1987, Ch. 362, Sec. 2.)
  80. 40826.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    For certain variance-related hearings, the hearing board must give and publish notice before the hearing, with different minimum notice periods depending on the district size.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40826. In case of a hearing to consider an application for a variance, other than an interim variance or a 90-day variance, or an application for a modification of a final compliance date in a variance previously granted, the notice requirements for the hearing shall be as follows: (a) The hearing board shall serve a notice of the time and place of a hearing to grant a variance upon the air pollution control officer, all other districts within the air basin, the state board, the Environmental Protection Agency, and upon the applicant or permittee, not less than 30 days prior to the hearing, except as provided in subdivision (d). (b) The hearing board shall also publish a notice of the hearing in at least one daily newspaper of general circulation in the district, and shall send the notice to every person who requests the notice, not less than 30 days prior to the hearing, except as provided in subdivision (d). (c) The notice shall state the time and place of the hearing; the time when, commencing not less than 30 days, or, under subdivision (d), not less than 15 days, prior to the hearing, and place where the application, including any proposed conditions or schedule of increments of progress, is available for public inspection; and any other information that may be necessary to reasonably apprise the people within the district of the nature and purpose of the meeting. (d) In districts with a population of 750,000 or less, the hearing board shall serve, publish, and send the notice pursuant to subdivisions (a) and (b) not less than 15 days prior to the hearing. (Amended by Stats. 1992, Ch. 1096, Sec. 2. Effective September 29, 1992.)
  81. 40827.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board must give notice of a hearing’s time and place by personal service or first-class mail; if a person’s identity or address is unknown, notice must be published in 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40827. A hearing board shall serve a notice of the time and place of a hearing either by personal service or by first-class mail, postage prepaid. If either the identity or address of any person entitled to notice is unknown, the hearing board shall serve such person by publication of notice in the district pursuant to Section 6061 of the Government Code. (Added by Stats. 1975, Ch. 957.)
  82. 40828.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board must let the public testify, consider that testimony, prepare a hearing record, and keep the record while the variance lasts or for one year, whichever is longer.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40828. (a) A hearing board shall allow interested members of the public a reasonable opportunity to testify with regard to the matter under consideration, and shall consider that testimony in making its decision. (b) The hearing board shall prepare a record of the witnesses and the testimony of each witness at the hearing. The record may be an audio recording. The record shall be retained by the hearing board while the variance is in effect, or for the period of one year, whichever is longer. (Amended by Stats. 2009, Ch. 88, Sec. 66. (AB 176) Effective January 1, 2010.)
  83. 40829.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board member may administer oaths in hearings where they are participating as a board member.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40829. Any member of a hearing board may administer oaths in any hearing in which he participates as a member of the hearing board. (Added by Stats. 1975, Ch. 957.)
  84. 40830.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    At any hearing, the hearing board must require each witness to be sworn before testifying.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Procedure [40820 - 40830] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 40830. At any hearing, a hearing board shall require any witness to be sworn before testifying. (Added by Stats. 1975, Ch. 957.)
  85. 40840.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If the hearing board needs to examine someone as a witness, the chairman must issue a subpoena.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 40840. Whenever the members of a hearing board conducting any hearing deem it necessary to examine any person as a witness at the hearing, the chairman of the hearing board shall issue a subpoena, in proper form, commanding such person to appear before it at a time and place specified to be examined as a witness. The subpoena may require such person to produce all books, papers, and documents in his possession, or under his control, material to the hearing. (Added by Stats. 1975, Ch. 957.)
  86. 40841.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A subpoena to appear before a hearing board must be served the same way as a subpoena in a civil action.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 40841. A subpoena to appear before a hearing board shall be served in the same manner as a subpoena in a civil action. (Added by Stats. 1975, Ch. 957.)
  87. 40842.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A person who is duly subpoenaed before a hearing board must appear, produce requested books and papers, and testify or answer proper questions; otherwise the person is deemed in contempt.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 40842. Whenever any person duly subpoenaed to appear and give evidence, or to produce any books and papers, before a hearing board neglects or refuses to appear, or to produce any books and papers, as required by the subpoena, or refuses to testify or to answer any question which the hearing board decides is proper and pertinent, he shall be deemed in contempt, and the hearing board shall report the fact to the superior court of the county in which the hearing is held. (Added by Stats. 1975, Ch. 957.)
  88. 40843.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a report is submitted under Section 40842, the superior court must proceed as directed by Government Code Section 11455.20.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 40843. Upon receipt of a report submitted pursuant to Section 40842, the superior court shall proceed as specified in Section 11455.20 of the Government Code. (Amended by Stats. 1995, Ch. 938, Sec. 71.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  89. 40844.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The superior court gets jurisdiction after the attachment is returned and the defendant’s body is produced; the person charged may then purge the contempt.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Subpoenas [40840 - 40844] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 40844. On the return of the attachment and the production of the body of the defendant, the superior court has jurisdiction of the matter. The person charged may purge himself of the contempt in the same way, and the same proceeding shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court. (Added by Stats. 1975, Ch. 957.)
  90. 40860.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board must announce its decision in writing.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 40860. A hearing board shall announce its decision in writing. Copies of the decision shall immediately be filed with its clerk and mailed to all of the parties or their attorneys. (Added by Stats. 1975, Ch. 957.)
  91. 40861.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board may rehear a decision if a party petitions within 10 days after the decision copy is mailed.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 40861. A hearing board may rehear a decision if a party petitions for a rehearing within 10 days after a copy of the decision has been mailed to him. (Added by Stats. 1975, Ch. 957.)
  92. 40862.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board’s decision must include the reasons for the decision.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 40862. The decision of a hearing board shall include the reasons for the decision. (Added by Stats. 1975, Ch. 957.)
  93. 40863.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A hearing board decision becomes effective when it is filed, unless the hearing board orders 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 40863. The decision shall become effective upon filing, unless the hearing board orders otherwise. (Amended by Stats. 1976, Ch. 1113.)
  94. 40864.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A petitioner may seek judicial review of a hearing board decision by filing a writ petition, generally within 30 days after mailing of the decision.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 40864. (a) Judicial review may be had of a decision of a hearing board by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure. Except as otherwise provided in this section, any such petition shall be filed within 30 days after the decision has been mailed pursuant to Section 40860. The right to petition shall not be affected by the failure to seek a rehearing before the hearing board. (b) The complete record of the proceedings, or such parts thereof as are designated by the petitioner, shall be prepared by the hearing board and shall be delivered to the petitioner within 30 days after a request therefor by him, upon payment of the fee specified in Section 69950 of the Government Code for the transcript, the cost of preparation of other portions of the record, and for certification thereof. (c) The complete record includes the pleadings, all notices and orders issued by the hearing board, any proposed decision by the hearing board, the final decision, a transcript of all proceedings, the exhibits admitted or rejected, the written evidence, and any other papers in the case. (d) Where the petitioner, within 10 days after the last day on which a rehearing can be ordered, requests the hearing board to prepare all or any part of the record, the time within which a petition may be filed shall be extended until five days after its delivery to him. The hearing board may file with the court the original of any document in the record in lieu of a copy thereof. (Amended by Stats. 1976, Ch. 1113.)
  95. 40865.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    In proceedings under Section 40864, the court must accept specified district board orders, rules, regulations, and hearing board transcripts as evidence, and may accept additional evidence it considers proper.

    ## 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 8. Hearing Boards [40800 - 40865] ( Chapter 8 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Decisions [40860 - 40865] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 40865. In any proceeding pursuant to Section 40864, the court shall receive in evidence any order, rule, or regulation of the district board, any transcript of the proceedings before the hearing board, and such further evidence as the court, in its discretion, deems proper. (Added by Stats. 1975, Ch. 957.)
  96. 40900.

    ## 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 9. Basinwide Air Pollution Control Councils [40900- 40900.] ( Chapter 9 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    In each air basin made up of all or part of two or more districts, a basinwide air pollution control council continues to exist.

    ## 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 9. Basinwide Air Pollution Control Councils [40900- 40900.] ( Chapter 9 added by Stats. 1975, Ch. 957. ) ## 40900. There is continued in existence and shall be, in each air basin which is comprised of all or part of two or more districts, a basinwide air pollution control council. The council shall consist of an elected official of, and designated by, the district board of each district which is included, in whole or in part, within the air basin. Any officer or employee of a district within the air basin may act in an advisory capacity for and on behalf of the basinwide air pollution control council. (Amended by Stats. 1981, Ch. 172.)
  97. 40910.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Districts must work toward state air quality standards for specified pollutants and prioritize efficient, cost-effective air pollution control.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40910. It is the intent of the Legislature in enacting this chapter that districts shall endeavor to achieve and maintain state ambient air quality standards for ozone, carbon monoxide, sulfur dioxide, and nitrogen dioxide by the earliest practicable date. In developing attainment plans and regulations to achieve this objective, districts shall consider the full spectrum of emission sources and focus particular attention on reducing the emissions from transportation and areawide emission sources. Districts shall also consider the cost-effectiveness of their air quality programs, rules, regulations, and enforcement practices in addition to other relevant factors, and shall strive to achieve the most efficient methods of air pollution control. However, priority shall be placed upon expeditious progress toward the goal of healthful air. It is also the intent of the Legislature that redundant work shall be avoided. (Amended by Stats. 2000, Ch. 729, Sec. 9. Effective January 1, 2001.)
  98. 40911.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Certain air districts must prepare and submit an air quality plan to the state board by December 31, 1990, or by June 30, 1991 for specified transported-pollution districts.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40911. (a) Except as provided in subdivision (b), each district which has been designated a nonattainment area for state ambient air quality standards for ozone, carbon monoxide, sulfur dioxide, or nitrogen dioxide shall prepare and submit a plan for attaining and maintaining the standards to the state board not later than December 31, 1990. (b) Notwithstanding subdivision (a), any district which is a receptor or contributor of transported air pollutants, as determined by the state board pursuant to subdivision (a) of Section 39610, shall prepare and submit its plan to the state board not later than June 30, 1991. (Added by Stats. 1988, Ch. 1568, Sec. 11.)
  99. 40912.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    District plans affected by air pollutant transport must ensure attainment and maintenance of state and federal air quality standards.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40912. The plans for districts responsible for or affected by air pollutant transport shall provide for attainment and maintenance of the state and federal standards in both the upwind and downwind district. Each upwind district’s plan shall contain, at a minimum, all mitigation requirements established by the state board pursuant to subdivision (b) of Section 39610. Each downwind district’s plan shall contain sufficient measures to reduce emissions originating in the district below the level at which violations of state ambient air quality standards would occur in the absence of the transport contribution. (Added by Stats. 1988, Ch. 1568, Sec. 11.)
  100. 40913.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Each district plan must be designed to achieve and maintain state standards as early as practicable, and it must be approved by the state board.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40913. (a) Each district plan shall be designed to achieve and maintain the state standards by the earliest practicable date, as determined by the district and subject to the approval of the state board, and in consideration of all relevant factors, including, but not limited to, the following: (1) Present and projected maximum ambient pollutant concentration. (2) Distribution and frequency of violations. (3) Transport contributions. (4) Projected emission increases based on industrial, vehicular, or population growth. (5) Emission inventory characteristics. (6) Anticipated effectiveness of available and potential control measures. (7) Emission reductions occurring in, or expected to occur in, the district. (8) In districts where military bases have closed or are scheduled for closure, the reuse plans for the closing base. (b) Each district plan shall be based upon a determination by the district board that the plan is a cost-effective strategy to achieve attainment of the state standards by the earliest practicable date. (Amended by Stats. 1994, Ch. 1162, Sec. 2. Effective January 1, 1995.)
  101. 40914.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    District plans must be designed to reduce districtwide emissions by at least 5% per year on average over consecutive three-year periods, unless an approved alternative measure is used.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40914. (a) Each district plan shall be designed to achieve a reduction in districtwide emissions of 5 percent or more per year for each nonattainment pollutant or its precursors, averaged every consecutive three-year period, unless an alternative measure of progress is approved pursuant to Section 39607. (b) A district may use an alternative emission reduction strategy which achieves less than an average of 5 percent per year reduction in districtwide emissions if the district demonstrates to the state board, and the state board concurs in, either of the following: (1) That the alternative emission reduction strategy is equal to or more effective than districtwide emission reductions in improving air quality. (2) That despite the inclusion of every feasible measure in the plan, and an expeditious adoption schedule, the district is unable to achieve at least a 5-percent annual reduction in districtwide emissions. (c) For purposes of this section and Section 41503.1, for each district that is designated nonattainment for a state ambient air quality standard but is designated attainment for the federal air quality standard for the same pollutant, reductions in emissions shall be calculated with respect to the actual level of emissions that exist in each district during 1990, as determined by the state board. All reductions in emissions occurring after December 31, 1990, including, but not limited to, reductions in emissions resulting from measures adopted prior to December 31, 1990, shall be included in this calculation. For each district that is designated nonattainment for both state and federal ambient air quality standards for a single pollutant, reductions in emissions shall be calculated with respect to the actual level of emissions that exist in each district during the baseline year used in the state implementation plan required by the federal Clean Air Act. All reductions in emissions occurring after December 31 of the baseline year, including, but not necessarily limited to, reductions in emissions resulting from measures adopted prior to December 31 of the baseline year, shall be included in this calculation. (Amended by Stats. 2000, Ch. 729, Sec. 10. Effective January 1, 2001.)
  102. 40915.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Each district plan must include contingency measures, and the district must adopt any needed implementing regulations within 180 days after the state board finds inadequate progress.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40915. Each district plan shall contain contingency measures to be implemented upon a finding by the state board, pursuant to Section 41503.3, that the district is failing to achieve interim goals or maintain adequate progress toward attainment. Any regulations necessary to implement the contingency measures shall be adopted by the district within 180 days following the state board’s determination of inadequate progress. (Added by Stats. 1988, Ch. 1568, Sec. 11.)
  103. 40916.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    The state board must provide technical assistance and issue guidelines for districts, and it may recommend certain control measures for architectural paint or coatings if specific 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40916. (a) The state board shall make technical assistance available to a district, at the district’s request, to support attainment planning and air pollutant transport planning and associated analyses. If the state board lacks sufficient resources to make technical assistance available to each district that requests assistance, the state board shall give priority to those districts that have limited financial or technical capabilities. (b) The state board shall develop guidelines for use by the districts to prepare emission inventories, develop monitoring networks, and develop methods for the validation of air quality models. (c) The state board shall develop and periodically update guidelines for use by the districts to establish equivalent emission reductions for mobile source emission control strategies and transportation control measures. (d) (1) The state board may recommend a suggested control measure for adoption by a district to meet the requirements of the district’s plan adopted pursuant to this chapter for any architectural paint or coating, if the state board determines all of the following: (A) The control measure will achieve a feasible reduction in volatile organic compounds emitted by the architectural paint or coating. For purposes of this paragraph, “feasible reduction in volatile organic compounds emitted” means an emission limitation that is achievable, taking into account environmental, energy, and economic impacts. (B) Adequate data exist to establish that the control measure is necessary to attain state and federal ambient air quality standards. (C) The control measure is commercially and technologically feasible and necessary. (2) Nothing in this subdivision shall limit or affect the ability of a district to adopt or enforce rules related to architectural paint or coatings. Every rule adopted by a district regarding architectural paint or coatings shall be adopted by the governing board of the district in accordance with existing law, and shall include at least one public workshop. (Amended by Stats. 2001, Ch. 456, Sec. 1. Effective January 1, 2002.)
  104. 40917.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Districts in the same air basin must cooperate, as reasonably and appropriately as possible, when developing plan elements they both care about.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40917. Two or more districts within the same air basin shall cooperate to the extent reasonable and appropriate in developing plan elements of mutual concern. These elements may include, but are not limited to, emission inventories, air quality models, and growth projections. (Added by Stats. 1988, Ch. 1568, Sec. 11.)
  105. 40918.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Districts with moderate air pollution must include specified air-quality measures in their attainment plans.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40918. (a) Each district with moderate air pollution shall, to the extent necessary to meet the requirements of the plan developed pursuant to Section 40913, include the following measures in its attainment plan: (1) A stationary source control program designed to achieve no net increase in emissions of nonattainment pollutants or their precursors from new or modified stationary sources which emit or have the potential to emit 25 tons per year or more of nonattainment pollutants or their precursors. The program shall require the use of best available control technology for any new or modified stationary source which has the potential to emit 25 pounds per day or more of any nonattainment pollutant or its precursors. (2) The use of reasonably available control technology for all existing stationary sources, except that stationary sources permitted to emit five tons or more per day or 250 tons or more per year shall be equipped with the best available retrofit control technology. (3) Reasonably available transportation control measures sufficient to substantially reduce the rate of increase in passenger vehicle trips and miles traveled per trip if the district contains an urbanized area with a population of 50,000 or more. (4) Provisions to develop areawide source and indirect source control programs. (5) Provisions to develop and maintain an emissions inventory system to enable analysis and progress reporting and a commitment to develop other analytical techniques to carry out its responsibilities pursuant to subdivision (b) of Section 40924. (6) Provisions for public education programs to promote actions to reduce emissions from transportation and areawide sources. (b) Any district with moderate air pollution that is not below the pollutant concentrations for a moderate classification pursuant to Sections 40921 and 40921.5 by December 31, 1997, shall comply with Section 40919 if the state board demonstrates that the additional requirements of Section 40919 will substantially expedite the district’s attainment of the state ambient air quality standards. Any actions taken by the state board pursuant to this subdivision are subject to Section 41503.4. (Amended by Stats. 1996, Ch. 777, Sec. 7. Effective January 1, 1997.)
  106. 40918.5.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    A district without extreme air pollution may omit a no-net-increase permitting program from its attainment plan only if specified board findings, reviews, compliance steps, and state board procedures are completed.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40918.5. (a) Notwithstanding Sections 40918, 40919, and 40920, a district that does not have extreme air pollution may elect to not include a no-net-increase permitting program in its attainment plan if all of the following actions are taken: (1) The governing board of the district finds, at a public hearing, that the no-net-increase permitting program is not necessary to achieve and maintain the state ambient air quality standards by the earliest practicable date. (2) Prior to making the finding specified in paragraph (1), the governing board does both of the following: (A) Reviews an estimate of the growth in emissions, if any, that is likely to occur as a result of the elimination of a no-net-increase permitting program. (B) Complies with Section 40914 either by having adopted, or having scheduled for adoption, all feasible measures to achieve and maintain state ambient air quality standards, or by the use of an alternative emission reduction strategy. (3) The governing board of the district submits its finding to the state board, and, within 60 days from the date of the submittal of the finding, the state board makes a determination based on quantifiable and substantial evidence that a no-net-increase permitting program is not necessary to comply with the mitigation requirements established pursuant to Section 39610 and that the no-net-increase permitting program is not necessary to achieve and maintain the state ambient air quality standards by the earliest practicable date. If the state board does not make any determination within that 60-day period, and the district does not agree to an extension of that time period, the district may make the election authorized by this subdivision. (b) Nothing in this section shall relieve a district from the obligation to require the use of the best available control technology pursuant to Section 40918, 40919, or 40920. (Added by Stats. 1996, Ch. 1092, Sec. 2. Effective January 1, 1997.)
  107. 40918.6.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    After Section 40918.5 is implemented, the district finding becomes part of the attainment plan, and the state board must review whether a no-net-increase permitting program is needed. If the state board finds it necessary, the district must adopt and implement that program.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40918.6. Following the implementation of Section 40918.5, both of the following shall occur: (1) The district governing board’s finding pursuant to paragraph (1) of subdivision (a) of Section 40918.5 shall, by operation of law, become part of the district’s attainment plan. (2) The state board shall, during any subsequent review of the district’s attainment plan pursuant to subdivision (a) of Section 41500, determine based on quantifiable and substantial evidence whether or not a no-net-increase permitting program is necessary to comply with mitigation requirements established pursuant to Section 39610 or to achieve and maintain state ambient air quality standards by the earliest practicable date. If the state board determines that a no-net-increase permitting program is necessary to comply with those requirements, the district shall then adopt and implement a no-net-increase permitting program pursuant to Section 40918, 40919, or 40920. (Added by Stats. 1996, Ch. 1092, Sec. 3. Effective January 1, 1997.)
  108. 40918.7.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    Offset credits may be approved for use by a stationary source in another district if the stated 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40918.7. (a) Emission reduction offset credits created pursuant to subdivision (p) of Section 41865 shall be approved for use by a stationary source in another district if all of the following conditions are met: (1) The district containing the source providing the offset credits does not have a no-net-increase permitting program in its attainment plan. (2) The district where the offset credits are to be used is designated as having moderate air pollution. (3) The district where the offset credits are to be used is located within the same air basin as, or within an air basin that is contiguous to, the air basin in which the district containing the source providing the offsets is located. (4) The site where the offset credits will be used is located within 200 linear air miles from the source providing the offset credits. (b) If all of the conditions specified in subdivision (a) are met, the district receiving the offset credit shall do both of the following: (1) Determine the type and quantity of the emission reductions to be credited. (2) Adopt a rule or regulation to discount the emission reductions credited to the stationary source. The discount shall not be less than the emission reduction for offsets from comparable sources located within the district boundaries. (Added by Stats. 1996, Ch. 1092, Sec. 4. Effective January 1, 1997.)
  109. 40919.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Districts with serious air pollution must put specified measures into their attainment plans, including emissions controls and retrofit technology 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40919. (a) Each district with serious air pollution shall, to the extent necessary to meet the requirements of the plan adopted pursuant to Section 40913, include the following measures in its attainment plan: (1) All measures required for moderate nonattainment areas, as specified in Section 40918. (2) A stationary source control program designed to achieve no net increase in emissions of nonattainment pollutants or their precursors from all new or modified stationary sources which emit, or have the potential to emit, 15 tons or more per year. The program shall require the use of best available control technology for any new or modified stationary source which has the potential to emit 10 pounds per day or more of any nonattainment pollutant or its precursors. (3) The use of the best available retrofit control technology, as defined in Section 40406, for all existing permitted stationary sources. (4) Measures to achieve the use of a significant number of low-emission motor vehicles by operators of motor vehicle fleets. (b) Any district with serious air pollution that has not met the criteria for a moderate classification by December 31, 1997, shall comply with Section 40920 if the state board demonstrates that the additional requirements of Section 40920 will substantially expedite the district’s attainment of the state ambient air quality standards. Any actions taken by the state board pursuant to this subdivision are subject to Section 41503.4. (Amended by Stats. 1996, Ch. 777, Sec. 8. Effective January 1, 1997.)
  110. 40920.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Districts with severe air pollution must include specified measures in their attainment plans.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40920. Each district with severe air pollution shall, to the extent necessary to meet the requirements of Section 40913, include the following measures in its attainment plan: (a) All measures required for moderate and serious nonattainment areas, as specified in Sections 40918 and 40919. (b) A stationary source control program designed to achieve no net increase in emissions of nonattainment pollutants or their precursors from all new or modified stationary sources which emit, or have the potential to emit, 10 tons or more per year. (c) Measures sufficient to reduce overall population exposure to ambient pollutant levels in excess of the standard by at least 25 percent by December 31, 1994, 40 percent by December 31, 1997, and 50 percent by December 31, 2000, based on average per capita exposure and the severity of the exposure, so as to minimize health impacts, using the average level of exposure experienced during 1986 through 1988 as the baseline. (Amended by Stats. 1996, Ch. 777, Sec. 9. Effective January 1, 1997.)
  111. 40920.5.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

    Verify source ↗

    Districts with extreme air pollution must include specified measures in their attainment plans.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40920.5. Each district with extreme air pollution shall, to the extent necessary to meet the requirements of the plan developed pursuant to Section 40913, include the following measures in its attainment plan: (a) All measures required for moderate, serious, and severe areas. (b) A stationary source control program designed to achieve no net increase in emissions from new or modified stationary sources of nonattainment pollutants or their precursors. (c) Any other feasible controls that can be implemented, or for which implementation can begin, within 10 years of the adoption date of the most recent air quality plan. (Amended by Stats. 1996, Ch. 777, Sec. 10. Effective January 1, 1997.)
  112. 40920.6.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    Districts must take several steps before adopting BARCT-related rules, including identifying control options, reviewing cost-effectiveness, holding a public meeting, and making findings; they must also adopt an expedited BARCT schedule for certain nonattainment areas.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40920.6. (a) Prior to adopting rules or regulations to meet the requirement for best available retrofit control technology pursuant to Sections 40918, 40919, 40920, and 40920.5, or for a feasible measure pursuant to Section 40914, districts shall, in addition to other requirements of this division, do all of the following: (1) Identify one or more potential control options which achieves the emission reduction objectives for the regulation. (2) Review the information developed to assess the cost-effectiveness of the potential control option. For purposes of this paragraph, “cost-effectiveness” means the cost, in dollars, of the potential control option divided by emission reduction potential, in tons, of the potential control option. (3) Calculate the incremental cost-effectiveness for the potential control options identified in paragraph (1). To determine the incremental cost-effectiveness under this paragraph, the district shall calculate the difference in the dollar costs divided by the difference in the emission reduction potentials between each progressively more stringent potential control option as compared to the next less expensive control option. (4) Consider, and review in a public meeting, all of the following: (A) The effectiveness of the proposed control option in meeting the requirements of this chapter and the requirements adopted by the state board pursuant to subdivision (b) of Section 39610. (B) The cost-effectiveness of each potential control option as assessed pursuant to paragraph (2). (C) The incremental cost-effectiveness between the potential control options as calculated pursuant to paragraph (3). (5) Make findings at the public hearing at which the regulation is adopted stating the reasons for the district’s adoption of the proposed control option or options. (b) A district may establish its own best available retrofit control technology requirement based upon consideration of the factors specified in subdivision (a) and Section 40406 if the requirement complies with subdivision (d) of Section 40001 and is consistent with this chapter, other state law, and federal law, including, but not limited to, the applicable state implementation plan. (c) (1) On or before January 1, 2019, each district that is a nonattainment area for one or more air pollutants shall adopt an expedited schedule for the implementation of best available retrofit control technology (BARCT), by the earliest feasible date, but in any event not later than December 31, 2023. (2) The schedule shall apply to each industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562. (3) The schedule shall give highest priority to those permitted units that have not modified emissions-related permit conditions for the greatest period of time. The schedule shall not apply to an emissions unit that has implemented BARCT due to a permit revision or a new permit issuance since 2007. (d) Prior to adopting the schedule pursuant to paragraph (1) of subdivision (c), a district shall hold a public meeting and take into account: (1) The local public health and clean air benefits to the surrounding community. (2) The cost-effectiveness of each control option. (3) The air quality and attainment benefits of each control option. (e) A district shall allow the retirement of marketable emission reduction credits under a program which complies with all of the requirements of Section 39616, or emission reduction credits which meet all of the requirements of state and federal law, including, but not limited to, the requirements that those emission reduction credits be permanent, enforceable, quantifiable, and surplus, in lieu of any requirement for best available retrofit control technology, if the credit also complies with all district rules and regulations affecting those credits. (f) After a district has established the cost-effectiveness, in a dollar amount, for any rule or regulation adopted pursuant to this section or Section 40406, 40703, 40914, 40918, 40919, 40920, 40920.6, or 40922, the district, consistent with subdivision (d) of Section 40001, shall allow alternative means of producing equivalent emission reductions at an equal or lesser dollar amount per ton reduced, including the use of emission reduction credits, for any stationary source that has a demonstrated compliance cost exceeding that established dollar amount. (Amended by Stats. 2017, Ch. 136, Sec. 2. (AB 617) Effective January 1, 2018.)
  113. 40920.8.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    The state board must maintain a statewide clearinghouse, and districts must use it when updating best available control technology determinations.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40920.8. (a) The state board shall establish and maintain a statewide clearinghouse that identifies the best available control technology and best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants. (b) When updating best available control technology determinations, a district shall use the information in the statewide clearinghouse established and maintained by the state board. (Added by Stats. 2017, Ch. 136, Sec. 3. (AB 617) Effective January 1, 2018.)
  114. 40921.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    For certain district-plan sections, a district’s air-pollution designation must be based only on violations of state ambient air quality standards that would occur without counting transported air-pollution 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40921. For the purposes of Sections 40918, 40919, 40920, and 40920.5, the designation of a district’s air pollution as “moderate,” “serious,” “severe,” or “extreme” for an area which is a receptor of transported air pollutants shall be based on violations of state ambient air quality standards which would occur without regard to the transport contribution. (Amended by Stats. 1992, Ch. 945, Sec. 9. Effective January 1, 1993.)
  115. 40921.5.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    This section defines ozone and carbon monoxide nonattainment classification levels and requires the state board to determine each nonattainment area’s ambient concentration under the specified criteria.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40921.5. (a) For purposes of classifying ozone nonattainment areas pursuant to Sections 40918, 40919, 40920, and 40920.5, the terms moderate, serious, severe, and extreme shall be defined as follows: (1) Moderate ........................ greater than 0.09 to not more than 0.12 parts per million, inclusive. (2) Serious ........................ 0.13 to 0.15 parts per mil- lion, inclusive. (3) Severe ........................ 0.16 to 0.20 parts per mil- lion, inclusive. (4) Extreme ........................ greater than 0.20 parts per million. (b) For the purposes of classifying carbon monoxide nonattainment areas under Sections 40918 and 40919, the terms moderate and serious shall be defined as follows: (1) Moderate ........................ greater than 9.0 to 12.7 parts per million, inclusive. (2) Serious ........................ greater than 12.7 parts per million. (c) The state board shall determine the ambient concentration of each nonattainment area consistent with the designation criteria established pursuant to subdivision (e) of Section 39607. Classifications for ozone shall be based upon the calendar years 1989 to 1991, inclusive. Classifications for carbon monoxide shall be based upon the 1989–90 and 1990–91 winter seasons. (Amended by Stats. 1993, Ch. 1028, Sec. 6. Effective January 1, 1994.)
  116. 40922.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    Plans under this chapter must assess the cost effectiveness of control measures and list them from least to most 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40922. (a) Each plan prepared pursuant to this chapter shall include an assessment of the cost effectiveness of available and proposed control measures and shall contain a list which ranks the control measures from the least cost-effective to the most cost-effective. (b) In developing an adoption and implementation schedule for a specific control measure, the district shall consider the relative cost effectiveness of the measure, as determined under subdivision (a), as well as other factors including, but not limited to, technological feasibility, total emission reduction potential, the rate of reduction, public acceptability, and enforceability. (Added by Stats. 1988, Ch. 1568, Sec. 11.)
  117. 40923.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    The district must publish a yearly list of planned or tentatively planned regulatory measures, and it generally may not bring forward a measure unless it is on the latest published list.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40923. (a) Upon the state board’s approval of a district’s attainment plan, and each January 1 thereafter, the district shall publish a list of regulatory measures scheduled or tentatively scheduled for consideration during the following year. The district shall not propose a regulatory measure for consideration during any year that is not contained in the district’s most recently published list of proposed regulatory measures unless earlier consideration is necessary to satisfy federal requirements, to abate a substantial endangerment to public health or welfare, or to comply with Section 39666 or 40915. (b) Subdivision (a) does not apply to any modification of existing rules that the district finds and determines is necessary to do either of the following: (1) Preserve the original intent of the rules, as stated upon their adoption. (2) Increase opportunities for alternative compliance methodology pursuant to subdivision (d) of Section 40001. (Amended by Stats. 1996, Ch. 442, Sec. 3. Effective January 1, 1997.)
  118. 40924.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    The district must file annual progress reports and periodic triennial assessments on its air-quality attainment plan.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40924. (a) On or before December 31 of each year following the state board’s approval of a district’s attainment plan, the district shall prepare and submit a report to the state board summarizing its progress in meeting the schedules for developing, adopting, and implementing the air pollution control measures contained in the district’s plan. Those annual reports shall contain, at a minimum, the proposed and actual dates for the adoption and implementation of each measure. (b) On or before December 31, 1994, and once every three years thereafter, the district shall assess its progress toward attainment of the state ambient air quality standards. Each triennial assessment shall be incorporated into the district’s triennial plan revision prepared pursuant to Section 40925. Each triennial assessment shall contain, at a minimum, both of the following: (1) The extent of air quality improvement achieved during the preceding three years, based upon ambient pollutant measurements, best available modeling techniques, and air quality indicators identified by the state board for that purpose under subdivision (f) of Section 39607. (2) The expected and revised emission reductions for each measure scheduled for adoption in the preceding three-year period. (Amended by Stats. 1996, Ch. 777, Sec. 10.5. Effective January 1, 1997.)
  119. 40925.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    Districts must regularly review and revise their attainment plans, and submit revisions to the state board after adoption at 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40925. (a) On or before December 31, 1994, and at least once every three years thereafter, every district shall review and revise its attainment plan to correct for deficiencies in meeting the interim measures of progress incorporated into the plan pursuant to Section 40914, and to incorporate new data or projections into the plan, including, but not limited to, the quantity of emission reductions expected from the control measures adopted in the preceding three-year period and the dates that those emission reductions will be achieved, and the rates of population-related, industry-related, and vehicle-related emissions growth actually experienced in the district and projected for the future. This data shall be compared to the rate of emission reductions and growth projected in the previous triennial plan revision. Upon adoption of each triennial plan revision at a public hearing, the district board shall submit the revision to the state board. (b) A district may modify the emission reduction strategy or alternative measure of progress for subsequent years based on this assessment if the district demonstrates to the state board, and the state board finds, that the modified strategy is at least as effective in improving air quality as the strategy which is being replaced. (c) Each district which cannot demonstrate attainment by December 31, 1999, shall prepare and submit a comprehensive update of its plan to the state board not later than December 31, 1997, unless the state board determines, by not later than February 1, 1997, that a comprehensive plan update is unnecessary. The revised plan shall include an interim air quality improvement goal or an equivalent emission reduction strategy, subject to review and approval by the state board, to be achieved in the subsequent five-year period. (Amended by Stats. 2000, Ch. 729, Sec. 11. Effective January 1, 2001.)
  120. 40925.3.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    The state board must publish a quarterly list of district rule revisions sent to the EPA, including specified dates and details if available, and may remove a revision 30 days after EPA final action.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40925.3. (a) The state board shall publish on a quarterly basis, or on a more frequent basis if determined necessary by the state board, a list of each district’s rules or rule amendments that are submitted during that quarter to the United States Environmental Protection Agency as revisions to the state implementation plan. The list shall include the following dates and information, if available: (1) The date the district adopted the revision. (2) The date the revision was submitted to the state board. (3) The date the state board submitted the revision to the United States Environmental Protection Agency. (4) The date the United States Environmental Protection Agency published notice of a proposed action on the revision in the Federal Register and the nature of that proposed final action. (5) The date the United States Environmental Protection Agency took final action of the revision and the nature of that final action. (b) The state board may remove a revision from the list published pursuant to subdivision (a) 30 days after the United States Environmental Protection Agency takes final action on the revision. (c) For the purposes of this section, “publish” means to post the information on the state board’s Internet website, or to make the information available to any party in writing upon request. (Added by Stats. 1999, Ch. 451, Sec. 1. Effective January 1, 2000.)
  121. 40925.5.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    Certain ozone-nonattainment districts are automatically reclassified as “nonattainment-transitional” if the state standard is exceeded no more than three times in a year at any monitoring location.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40925.5. (a) A district which is nonattainment for the state ozone standard shall be designated “nonattainment-transitional” by operation of law if, during a single calendar year, the state standard is not exceeded more than three times at any monitoring location within the district. (b) Any district which is designated nonattainment-transitional under subdivision (a) shall review its plan for attaining the state ozone standard and shall determine whether the stationary source control measures scheduled for adoption or implementation within the next three years by the district are needed to accomplish expeditious attainment or to maintain the state standard following the projected attainment date. In making that determination, the district shall consider air quality trends, the effect of the state’s adopted and proposed motor vehicle and area source control programs, turnover of the vehicle fleet, the impact of measures previously adopted by the district, the state board, and the Environmental Protection Agency which are in the process of being implemented, and other significant factors influencing emissions trends. (c) If a nonattainment-transitional district determines that one or more of the stationary source control measures scheduled for adoption or implementation within the next three years are no longer necessary to accomplish expeditious attainment or to maintain the state standard, the district shall shift those measures to the contingency category. (d) If a nonattainment-transitional district determines that delaying one or more stationary source control measures will not retard the achievement of the state ozone standard, it may delay that measure. (e) Subdivisions (c) and (d) shall not apply to any stationary source control measures required by Section 39610. In addition, subdivisions (c) and (d) shall be suspended at any time that the district ceases to qualify for a nonattainment-transitional designation under subdivision (a). (f) Actions of any district pursuant to this section are effective immediately. The state board may disapprove any action of the district pursuant to this section within 90 days of the action. The state board shall not disapprove district actions pursuant to this section unless it finds that the actions will delay expeditious attainment of the state ozone standard. Actions taken by the state board pursuant to this subdivision are subject to Section 41503.4. (g) Actions of any district pursuant to subdivisions (c) or (d) shall be reviewed by the district in connection with its next review and revision of its attainment plan pursuant to Section 40925. (Amended by Stats. 1996, Ch. 777, Sec. 14. Effective January 1, 1997.)
  122. 40926.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    The chapter does not limit the state board’s or a district’s authority to adopt regulations for controlling certain air pollutants and their precursors.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40926. Nothing in this chapter restricts the authority of the state board or a district to adopt regulations to control suspended particulate matter, visibility reducing particles, lead, hydrogen sulfide, or sulfates, or their precursors. (Added by Stats. 1988, Ch. 1568, Sec. 11.)
  123. 40930.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. )

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    Air districts with adopted plans must file an annual report, and in certain low-violation cases they may not adopt new or stricter control measures until a required analysis is prepared and approved.

    ## 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 10. District Plans to Attain State Ambient Air Quality Standards [40910 - 40930] ( Chapter 10 added by Stats. 1988, Ch. 1568, Sec. 11. ) ## 40930. (a) Each district that has adopted a plan pursuant to this chapter shall, on or before January 31 of each year, prepare and submit to the state board a report identifying the number of days during the preceding calendar year that air quality in the district violated each state ambient air quality standard for which the district’s status is nonattainment. (b) For any pollutant for which the report indicates that the applicable state ambient air quality standard was not violated during more than three days during the calendar year at any one or more monitoring locations within the district, the district shall not adopt any new or more stringent control measure until after preparation, and approval by the district board, of an analysis that does all of the following: (1) Assesses the costs and benefits of all additional district, state, and federal regulatory actions that would be necessary to achieve attainment of the applicable state ambient air quality standard, taking into account only the additional costs and benefits attributable to achieving the state standard for the remaining three or fewer days each year. (2) Includes consideration of all of the socioeconomic impacts specified in Section 40728.5. (3) Identifies, if the district is an upwind district, the benefits of the additional regulatory actions in the district on the air quality in any downwind district, and identifies the costs attributable to those regulatory actions. (c) The state board shall review the district analyses prepared pursuant to subdivision (b) to ensure expeditious progress towards attainment in both the district that prepared the analysis and any downwind district and to ensure that any resulting action of the district that prepared the analysis does not adversely affect any downwind district. (Added by Stats. 1996, Ch. 603, Sec. 1. Effective January 1, 1997.)
  124. 40950.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. )

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    The Legislature states that the Sacramento region has serious air pollution problems and needs stronger coordinated air quality action.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40950. The Legislature finds and declares as follows: (a) The Sacramento metropolitan region is a geographical and meteorological entity not reflected by political boundaries. (b) The region has serious air pollution problems caused by the operation of more than 1,000,000 vehicles in the region, numerous stationary sources of air pollution, and atmospheric and meteorological conditions which are conducive to the formation of a variety of air pollutants. (c) Despite the implementation of improved emission controls on motor vehicles and stationary sources, rapid population growth and increases in vehicle miles traveled in the region are likely to result in worsening air pollution in future years. (d) The state and federal governments have adopted ambient air quality standards in order to protect public health, and it is in the public interest that those standards be attained as expeditiously as possible. (e) In order to achieve and maintain air quality standards and protect public health, a metropolitan air quality improvement strategy is required to be implemented in order to provide the maximum achievable reduction in emissions from existing sources and to provide for the maximum feasible reduction or mitigation of emissions resulting from population growth, increased vehicle mileage, and other new sources of emissions. (f) In order to successfully achieve improvements in air quality throughout the region, there is a need for greater coordination between land use and transportation planning decisions and the achievement of air quality goals. (g) In order to successfully develop and implement a comprehensive program for the attainment and maintenance of state and federal ambient air quality standards in the region, the air quality management district in the region must be delegated additional authority and responsibility from the state, particularly with respect to reducing motor vehicle emissions and expanding the use of cleaner burning fuels. (h) In order to successfully implement a coordinated air quality plan for the region, the responsibilities of local and regional authorities with respect to the implementation of air pollution control strategies, clean fuels programs, and motor vehicle use reduction measures should be fully integrated into an agency with countywide or regional authority, as determined by representatives of the affected county and city governments. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  125. 40951.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This section defines “best available control technology” for this chapter by referring to Section 40405.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40951. As used in this chapter, “best available control technology” has the meaning provided in Section 40405. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  126. 40952.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This section defines “best available retrofit control technology” by referring to Section 40406.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40952. As used in this chapter, “best available retrofit control technology” has the meaning given in Section 40406. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  127. 40953.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This section defines “strategy” to mean the Sacramento district air quality improvement strategy.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 1. General Provisions [40950 - 40953] ( Article 1 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40953. As used in this chapter, “strategy” means the Sacramento district air quality improvement strategy. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  128. 40960.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This section creates the Sacramento Metropolitan Air Quality Management District and sets its boundaries.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40960. There is hereby created the Sacramento Metropolitan Air Quality Management District. The boundaries of the Sacramento district shall include all of the County of Sacramento and, pursuant to Section 40963, if the board of supervisors of the County of Placer requests to become part of the Sacramento district, shall also include all or a portion of that county, as specified in the resolution of the board of supervisors requesting inclusion in the Sacramento district. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  129. 40961.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district is the local agency for its area and must represent local citizens when influencing other agencies on air quality matters.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40961. The Sacramento district is the local agency within the boundaries of the Sacramento district with the primary responsibility for the development, implementation, monitoring, and enforcement of air pollution control strategies, clean fuels programs, and motor vehicle use reduction measures, and shall represent the citizens of the Sacramento district in influencing the decisions of other public and private agencies whose actions may have an adverse impact on air quality within the Sacramento district. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  130. 40962.5.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This section says Article 2 of Chapter 2 does not apply to the Sacramento district starting July 1, 1996.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40962.5. Notwithstanding any other provision of law, as of July 1, 1996, Article 2 (commencing with Section 40120) of Chapter 2 shall not be applicable to the Sacramento district. (Added by Stats. 2000, Ch. 729, Sec. 12. Effective January 1, 2001.)
  131. 40963.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district board may include all or part of Placer County in the district if it receives a requesting resolution from the county board of supervisors, and the included territory must be contiguous.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District [40960 - 40963] ( Article 2 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40963. (a) The Sacramento district board may, by resolution, include all or a portion of the County of Placer within the Sacramento district, upon receipt of a resolution from the board of supervisors of the county requesting inclusion and specifying the portion of the county to be included in the Sacramento district. All territory included within the Sacramento district shall be contiguous. (b) The inclusion of any county, or portion thereof, in the Sacramento district shall become effective on the July 1 immediately following the adoption of the resolution of inclusion by the Sacramento district board. (c) A copy of the resolution of inclusion shall be transmitted by the Sacramento district board to the board of supervisors and to the state board. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  132. 40980.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 3. Governing Body [40980 - 40982] ( Article 3 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This section sets the required makeup and selection rules for the Sacramento district board.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 3. Governing Body [40980 - 40982] ( Article 3 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40980. (a) The Sacramento district shall, at a minimum, be governed by a district board composed of the Board of Supervisors of the County of Sacramento. (b) If the County of Placer submits a resolution of inclusion, pursuant to Section 40963, one or more elected officials from that county shall be included on the Sacramento district board, pursuant to agreement between that county and the Sacramento district board. (c) (1) The membership of the Sacramento district board shall include one or more members who are mayors or city council members, or both, and one or more members who are county supervisors. (2) 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 that contain a majority of the population in the incorporated area of the district. (d) 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. (e) (1) Except as provided in paragraph (2), the members of the governing board who are mayors or city council members shall be selected by the city council of the city that they represent. The members of the governing board who are county supervisors shall be selected by the county if the district only contains one county or a majority of counties within the district if the district contains more than one county. (2) The city selection committee shall be convened to select a member of the governing board from nominees who are mayors or city council members only if there is to be a change in a board member designated to represent more than one city, and only if more than one of those cities submits nominees for that board member position. (3) When selecting a member of the governing board, a city council and the city selection committee may also appoint a 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. (f) (1) If the district fails to comply with subdivision (c), one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors. The number of those members shall be determined as provided in paragraph (2) of subdivision (c), and the members shall be selected pursuant to subdivision (e). (2) For purposes of paragraph (1), if any number which is not a whole number results from the application of the term “one-third” 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. (Amended by Stats. 2007, Ch. 343, Sec. 17. Effective January 1, 2008.)
  133. 40981.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 3. Governing Body [40980 - 40982] ( Article 3 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district board must elect a chairperson from its membership every two years.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 3. Governing Body [40980 - 40982] ( Article 3 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40981. The Sacramento district board shall elect a chairperson every two years from its membership. (Amended by Stats. 2007, Ch. 664, Sec. 3. Effective January 1, 2008.)
  134. 40982.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 3. Governing Body [40980 - 40982] ( Article 3 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    Sacramento district board members must be reimbursed for actual and necessary expenses, may receive compensation set by the board at an open regular meeting, and that compensation is capped.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 3. Governing Body [40980 - 40982] ( Article 3 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 40982. (a) Each member of the Sacramento district board shall receive actual and necessary expenses incurred while performing board duties. In addition, members may receive compensation for their service, as determined by the Sacramento district board at an open regular meeting. The compensation shall not exceed two hundred dollars ($200) per day of attending board and committee meetings, or for conducting official business as authorized by the board. However, the compensation shall not exceed twelve thousand dollars ($12,000) in any one year. (b) The Sacramento district board may, by resolution adopted at an open regular meeting, increase the amount of compensation provided by this section not more than once every 12 months. An increase in compensation shall be in an amount equal to the percent change in the California Consumer Price Index for the most recent calendar year, rounded to the nearest one-tenth of 1 percent, except that if that change is greater than 10 percent, the increase in compensation shall be no more than 10 percent. (c) The Sacramento district board shall not provide for automatic future increases in compensation for its members. (Amended by Stats. 2024, Ch. 406, Sec. 5. (AB 2522) Effective January 1, 2025.)
  135. 41010.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district board must adopt air quality rules that comply with state and federal law and use specified best available control technologies.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41010. (a) The Sacramento district board shall adopt rules and regulations that are not in conflict with state and federal laws and rules and regulations that reflect the best available technological and administrative practices. Upon adoption and approval of the air quality improvement strategy, the rules and regulations shall be amended, if necessary, to conform to the strategy. (b) The rules and regulations adopted pursuant to subdivision (a) shall require the use of best available control technology for new and modified sources and the use of best available retrofit control technology for existing sources. (c) The rules and regulations of the Sacramento County Air Pollution Control District shall remain in effect and shall be enforced by the Sacramento district, until superseded or amended by the Sacramento district board. (d) In adopting any regulation, the Sacramento district board shall comply with Section 40703. (Amended by Stats. 1990, Ch. 1457, Sec. 4.)
  136. 41011.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district may, after a public hearing, adopt regulations for certain vehicle fleets to report information and to buy low-emission vehicles, with cleaner-fuel operation required to the extent feasible or appropriate.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41011. (a) After a public hearing, the Sacramento district may adopt regulations to require owners or operators of public or commercial motor vehicle fleets, or both, including those operated by the state, to periodically submit information to the Sacramento district on the number and type of vehicles operated within the Sacramento district, including, but not limited to, the amount and type of fuel used, for use by the Sacramento district in ascertaining the contribution of these vehicles to air pollution emissions within the Sacramento district. (b) After a public hearing, the Sacramento district may adopt regulations to require operators of public and commercial fleet vehicles, when adding vehicles to, or replacing vehicles in, an existing fleet or when purchasing vehicles to form a new fleet, to purchase low-emission motor vehicles and to require, to the maximum extent feasible or appropriate, that those vehicles be operated on a cleaner burning alternative fuel. Rules and regulations adopted under this section shall be applicable to vehicles operated by the state only when funds necessary to pay the costs to the state to comply with those rules and regulations have been appropriated for that purpose. (c) For purposes of this section, “motor vehicle fleet” means 15 or more vehicles under common ownership or operation. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  137. 41012.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district may adopt regulations, after consultation and a public hearing, to encourage ridesharing, van pooling, peak shifting, or flexible work hours for air quality improvement.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41012. In consultation with the Department of Transportation and other appropriate state and local public agencies, after a public hearing, the Sacramento district may adopt regulations to encourage ridesharing, van pooling, peak shifting, or flexible work hours, in order to improve air quality within the Sacramento district. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  138. 41013.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district may adopt regulations to limit or reduce the air-quality impact of indirect or areawide sources.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41013. The Sacramento district may adopt regulations to limit or mitigate the impact on air quality of indirect or areawide sources. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  139. 41014.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district may run public education, marketing, demonstration, monitoring, research, and evaluation programs or projects about transportation emission control measures.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41014. The Sacramento district may conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to transportation emission control measures. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  140. 41015.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    This chapter does not take away local governments’ existing authority to plan or control land use, and it does not give the Sacramento district new land-use 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41015. This chapter does not constitute an infringement on the existing authority of local governments to plan or control land use, and nothing in this chapter provides or transfers new authority over such land use to the Sacramento district. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  141. 41016.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district and the City of Sacramento may contract to implement transportation system improvement or air quality improvement programs, and this chapter does not limit the City of Sacramento’s authority to adopt and implement those programs.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 4. General Powers and Duties [41010 - 41016] ( Article 4 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41016. This chapter does not limit or restrict any authority of the City of Sacramento to adopt and implement any transportation system improvement program or air quality improvement program. The Sacramento district and the City of Sacramento may enter into a contract to implement any such program. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  142. 41040.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 5. Sacramento Metropolitan Air Quality Coordinating Council [41040- 41040.] ( Article 5 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district may create a coordinating council if it has an agreement with one or more local agencies in 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 5. Sacramento Metropolitan Air Quality Coordinating Council [41040- 41040.] ( Article 5 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41040. The Sacramento district may, pursuant to agreement with one or more local agencies within the district, establish the Sacramento Metropolitan Air Quality Coordinating Council to provide for coordinated air quality planning within the Sacramento district. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  143. 41060.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district must adopt an air quality improvement strategy by January 1, 1990.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41060. Not later than January 1, 1990, the Sacramento district shall adopt an air quality improvement strategy to reduce public exposure to air pollution and toxic air contaminants and to achieve and maintain state and federal ambient air quality standards by the earliest practicable date. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  144. 41061.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The strategy must provide for enforcement of certain regulations and for implementing and enforcing transportation control measures in the state implementation plan.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41061. The strategy shall provide for the enforcement of regulations adopted pursuant to Section 41011 or 41013 and shall provide for the implementation and enforcement of the transportation control measures included in the state implementation plan, as required by state and federal law. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  145. 41062.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The district’s air quality strategy must include a clean fuels program and may not be used to require the sale or supply of a specific motor vehicle fuel.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41062. (a) The strategy shall include a clean fuels program to provide, to the extent feasible and necessary to carry out the purposes of this chapter, a schedule for the introduction of cleaner burning alternative fuels and low-emission motor vehicles or control measures providing equivalent emission reductions within the district, a program to encourage the establishment of the necessary infrastructure to support the introduction of cleaner burning fuels, and demonstration programs and incentives to encourage the purchase of clean fueled vehicles and the use of cleaner burning fuels. (b) In developing the clean fuels program, the district shall consider projects utilizing methanol fuel; fuel cells; liquid petroleum gas; natural gas, including compressed natural gas; combination fuels; synthetic fuels; electricity, including electric vehicles; ethanol; and other cleaner burning fuels. (c) Nothing in this section authorizes the Sacramento district to require the sale or supply of any specific motor vehicle fuel. (Amended by Stats. 1990, Ch. 216, Sec. 80.)
  146. 41063.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The strategy must provide for implementing all feasible measures to improve transportation system management and reduce or limit increases in motor vehicle use in the Sacramento Valley region.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41063. The strategy shall provide for the implementation of all feasible measures to improve transportation system management and reduce or mitigate increases in motor vehicle use within the Sacramento Valley region. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  147. 41064.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The district may hire the Sacramento Area Council of Governments, a private organization, or a consultant to prepare analyses for the air quality strategy.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41064. In preparing, evaluating, and amending the strategy, the district may contract with the Sacramento Area Council of Governments or with any private organization or consultant for the preparation of analyses of the availability and effectiveness of transportation controls and motor vehicle use reduction measures. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  148. 41065.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The strategy must include a public education program aimed at helping implement feasible transportation system management measures.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41065. The strategy shall include a public education program designed to achieve effective implementation of all feasible transportation system management measures. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  149. 41066.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The air quality strategy must be consistent with required nonattainment area plans and related local agency planning 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 6. Air Quality Improvement Strategy [41060 - 41066] ( Article 6 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41066. The strategy shall be consistent with any nonattainment area plan required by state or federal law, or any requirement imposed on a local agency with respect to the preparation or administration of a plan. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  150. 41080.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 7. Financial Provisions [41080 - 41082] ( Article 7 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The Sacramento district may set fees for air-pollution sources to recover its implementation costs, and may contract 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 7. Financial Provisions [41080 - 41082] ( Article 7 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41080. (a) The Sacramento district may adopt a schedule of fees, levied on permitted and other sources of air pollution, subject to regulation by the Sacramento district, to recover its costs of implementing this chapter. (b) The Sacramento district may contract with a county or counties, in which the Sacramento 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 Sacramento district prior to July 1, 1994. (Amended by Stats. 1994, Ch. 260, Sec. 7. Effective July 21, 1994.)
  151. 41082.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 7. Financial Provisions [41080 - 41082] ( Article 7 added by Stats. 1988, Ch. 1541, Sec. 3. )

    Verify source ↗

    The district may run programs that can include financial assistance and incentives for low-emission vehicles, cleaner-burning fuels, and ridesharing vehicles.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 7. Financial Provisions [41080 - 41082] ( Article 7 added by Stats. 1988, Ch. 1541, Sec. 3. ) ## 41082. Pursuant to Section 41081, the district may undertake programs which may include, but are not limited to, financial assistance to fleet operators for the purchase, conversion, or operation of low-emission motor vehicles, financial assistance or other incentives to encourage the sale and distribution of cleaner burning fuels, and financial assistance or other incentives for the purchase and operation of ridesharing vehicles. (Added by Stats. 1988, Ch. 1541, Sec. 3.)
  152. 41090.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan [41090 - 41093] ( Article 8 added by Stats. 2019, Ch. 392, Sec. 1. )

    Verify source ↗

    The Sacramento district must prepare a wildfire smoke air pollution emergency plan and develop it with specified local and state stakeholders.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan [41090 - 41093] ( Article 8 added by Stats. 2019, Ch. 392, Sec. 1. ) ## 41090. (a) (1) The Sacramento district shall prepare a wildfire smoke air pollution emergency plan as an informational source for local agencies and the public during a wildfire smoke air pollution emergency. (2) The Sacramento district shall develop the wildfire smoke air pollution emergency plan in coordination with its county health officer and in consultation with all of the following: (A) Local offices of emergency management or emergency services. (B) School districts. (C) Regional planning agencies. (D) The state board. (b) The plan prepared pursuant to this section shall include, but need not be limited to, all of the following: (1) Recommendations and guidelines that will be health protective during wildfire smoke air pollution emergencies that include all of the following: (A) Specific recommendations based on different tiers of air quality during a wildfire smoke event. (B) Strategies, protocols, and guidelines for the monitoring at schools of air quality using low-cost sensors and other air quality monitoring information. (C) A short-term air quality metric that is advisory and provides details of the health effects of the wildfire smoke that occur on a time scale of less than 24 hours, subject to the approval of the state board. (2) An identification of the local agency statutorily responsible to take action at different thresholds. (3) Recommendations and best practices for private businesses and public agencies to reduce or modify certain activities that contribute to the worsening of air pollution during a wildfire smoke air pollution emergency. (4) Specific strategies to address vulnerable populations, including, but not limited to, all of the following: (A) Schoolage children. (B) The elderly. (C) People experiencing homelessness. (D) People who work outdoors. (E) People with health issues that are exacerbated by a wildfire smoke air pollution emergency. (Added by Stats. 2019, Ch. 392, Sec. 1. (AB 661) Effective January 1, 2020.)
  153. 41092.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan [41090 - 41093] ( Article 8 added by Stats. 2019, Ch. 392, Sec. 1. )

    Verify source ↗

    The Sacramento district board must adopt the wildfire smoke plan to be eligible for available funding, and the Sacramento district may work with local agencies to carry out the plan’s recommendations.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan [41090 - 41093] ( Article 8 added by Stats. 2019, Ch. 392, Sec. 1. ) ## 41092. (a) The Sacramento district board shall adopt the plan prepared pursuant to Section 41090 to be eligible for any available funding to implement the plan. (b) The Sacramento district may work with local agencies to implement recommendations in the plan prepared pursuant to Section 41090. (Added by Stats. 2019, Ch. 392, Sec. 1. (AB 661) Effective January 1, 2020.)
  154. 41093.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan [41090 - 41093] ( Article 8 added by Stats. 2019, Ch. 392, Sec. 1. )

    Verify source ↗

    The Sacramento district may run education, marketing, demonstration, monitoring, research, and evaluation programs or projects about wildfire smoke impact control measures.

    ## 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 11. Sacramento Metropolitan Air Quality Management District [40950 - 41093] ( Heading of Chapter 11 renumbered from Chapter 10 (as added by Stats. 1988, Ch. 1541) by Stats. 1990, Ch. 216, Sec. 79. ) ## ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan [41090 - 41093] ( Article 8 added by Stats. 2019, Ch. 392, Sec. 1. ) ## 41093. The Sacramento district may conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to wildfire smoke impact control measures. (Added by Stats. 2019, Ch. 392, Sec. 1. (AB 661) Effective January 1, 2020.)
  155. 41200.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 1. General Provisions [41200- 41200.] ( Article 1 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Legislature states that the Mojave Desert region has serious air pollution problems and that local governments need additional delegated authority to help control air pollution and improve air quality.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 1. General Provisions [41200- 41200.] ( Article 1 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41200. The Legislature finds and declares as follows: (a) The Mojave Desert region has serious air pollution problems caused by the transport of air pollution from upwind districts and by the operation of growing numbers of motor vehicles and numerous stationary sources, and atmospheric and meteorological conditions which are conducive to the formation of a variety of air pollutants. (b) To effectively control air pollution within the region pursuant to the requirements of state and federal law, it is necessary to establish an institutional structure which reflects the demographic and political makeup of the region. (c) To successfully achieve required improvements in air quality and the protection of existing levels of air quality within the region, there is a need for greater coordination between air quality management decisions and the land use and transportation decisions of local governments in the region. (d) To successfully develop and implement a comprehensive program for the attainment and maintenance of state and federal ambient air quality standards, local governments in the region must be delegated additional authority and responsibility from the state, particularly with respect to reducing motor vehicle emissions and expanding the use of cleaner burning alternative fuels. (Amended by Stats. 1995, Ch. 113, Sec. 2. Effective January 1, 1996.)
  156. 41210.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 2. Creation of the Mojave Desert Air Quality Management District [41210 - 41211] ( Article 2 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    This section creates the Mojave Desert Air Quality Management District and sets its boundaries.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 2. Creation of the Mojave Desert Air Quality Management District [41210 - 41211] ( Article 2 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41210. (a) There is hereby created the Mojave Desert Air Quality Management District. (b) The boundaries of the Mojave Desert district shall include all of the County of San Bernardino and the County of Riverside that is not included within the boundaries of the south coast district, and any other area included pursuant to subdivision (c). (c) The Mojave Desert district board may, by resolution, include in the Mojave Desert district any other area upon receipt of a resolution from the district that currently includes the area requesting inclusion and specifying the area to be included. All territory included within the Mojave Desert district shall be contiguous. (Amended by Stats. 1996, Ch. 872, Sec. 100. Effective January 1, 1997.)
  157. 41211.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 2. Creation of the Mojave Desert Air Quality Management District [41210 - 41211] ( Article 2 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district must manage air pollution control and vehicle use reduction measures, and represent local citizens in related agency decisions.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 2. Creation of the Mojave Desert Air Quality Management District [41210 - 41211] ( Article 2 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41211. The Mojave Desert district is the local agency with the primary responsibility for the development, implementation, monitoring, and enforcement of air pollution control strategies and motor vehicle use reduction measures, and shall represent the citizens of the Mojave Desert district in influencing the decisions of other public and private agencies whose actions may have an adverse impact on air quality within the Mojave Desert district. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  158. 41220.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    This section sets out who sits on the Mojave Desert district board and who may appoint alternates.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41220. (a) The Mojave Desert district shall be governed by a district board composed of the following members: (1) The members of the San Bernardino County Board of Supervisors who represent the first and third supervisorial districts of the county, or who, after reapportionment affecting the county supervisorial districts, represent any supervisorial district of the county that lies in whole or in part within the Mojave Desert district. (2) One member of the city council of each incorporated city within the Mojave Desert district, who shall be appointed by the city council. (3) One public member who shall be appointed by a majority of the Mojave Desert district governing board for a term of two years and who shall be a resident of an incorporated city or a supervisorial district that lies in whole or in part within the Mojave Desert district. (4) Upon the incorporation of any new city within the boundaries of the Mojave Desert district, the city council of that city shall appoint one member of the city council to the Mojave Desert district board. (5) If a district submits a resolution of inclusion pursuant to subdivision (c) of Section 41210, one or more members of the county board of supervisors or of a city council from the area to be included shall be appointed to the Mojave Desert district board, pursuant to agreement between the county board of supervisors or the city council, or both, and the Mojave Desert district board. (6) At the time of the appointment of a member of the city council of a newly incorporated city to the Mojave Desert district board, as specified in paragraph (4), or upon making an agreement to appoint a member from an area included in the Mojave Desert district pursuant to paragraph (5), the Mojave Desert district board may revise the remaining membership of the Mojave Desert district board, as previously constituted, by adding or removing one or more members of the board of supervisors of a county having territory in the district, adding or removing one or more members of the city councils of previously incorporated cities within the district, or both. (b) The city council or a board of supervisors appointing a member may appoint an alternate who shall be an elected official and who shall be a resident of an incorporated city or a supervisorial district that lies in whole or in part within the Mojave Desert district. (c) As used in this section, “city” means any city, town, or municipal corporation incorporated under the laws of this state. (Amended by Stats. 1996, Ch. 872, Sec. 101. Effective January 1, 1997.)
  159. 41221.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board must elect a chairperson every year from among its members.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41221. The Mojave Desert district board shall elect a chairperson every year from its membership. (Amended by Stats. 2007, Ch. 664, Sec. 4. Effective January 1, 2008.)
  160. 41222.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board must vote by rollcall on agenda items, and a substitute rollcall may be used unless a board member objects.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41222. Voting by the Mojave Desert district board on the adoption of all items on its agenda shall be by rollcall. Unless any board member objects, a substitute rollcall may be used on any agenda item. For purposes of this requirement, any consent calendar is a single item. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  161. 41223.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board must give at least 30 days’ notice of the time and place of a public hearing before adopting, amending, or repealing a rule or regulation about an air quality objective.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 3. Governing Body [41220 - 41223] ( Article 3 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41223. Notice of the time and place of a public hearing of the Mojave Desert district board to adopt, amend, or repeal any rule or regulation relating to an air quality objective shall be given not less than 30 days prior to the hearing and shall be published in each county in the Mojave Desert district in accordance with Section 6066 of the Government Code. The period of notice shall commence on the first day of publication. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  162. 41230.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board must adopt district rules and regulations that do not conflict with state or federal law and that reflect best available practices.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41230. (a) The Mojave Desert district board shall adopt rules and regulations that are not in conflict with state and federal laws, rules, and regulations and that reflect the best available technological and administrative practices. (b) The rules and regulations shall require the level of control necessary to achieve the emission reduction requirements of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), pursuant to Sections 40913, 40914, and 40915. (c) The rules, regulations, and resolutions of the San Bernardino County Air Pollution Control District shall remain in effect and shall be enforced by the Mojave Desert district, until superseded or amended by the Mojave Desert district board. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  163. 41231.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    After a public hearing, the Mojave Desert district may adopt regulations requiring certain fleet vehicle operators to buy low-emission vehicles and, where feasible or appropriate, use cleaner-burning alternative fuel.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41231. (a) After a public hearing, the Mojave Desert district may adopt regulations to require operators of public and commercial fleet vehicles, when adding vehicles to, or replacing vehicles in, an existing fleet or when purchasing vehicles to form a new fleet, to purchase low-emission motor vehicles, and to require, to the maximum extent feasible or appropriate, that those vehicles be operated on a cleaner burning alternative fuel. (b) For purposes of this section, “motor vehicle fleet” means 10 or more vehicles under common ownership or operation. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  164. 41232.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district must conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects about transportation control measures.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41232. The Mojave Desert district shall conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to transportation control measures. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  165. 41233.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district may adopt regulations to reduce or limit air-quality impacts from indirect or area-wide sources.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 4. General Powers and Duties [41230 - 41233] ( Article 4 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41233. The Mojave Desert district may adopt regulations to limit or mitigate the impact on air quality of indirect or areawide sources pursuant to Section 40716. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  166. 41240.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district may adopt a fee schedule for permitted and other sources of air pollution to recover its costs of implementing 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41240. The Mojave Desert district may adopt a schedule of fees, levied on permitted and other sources of air pollution to recover its costs of implementing this chapter, pursuant to Section 42311 and Chapter 7 (commencing with Section 44220) of Part 5. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  167. 41241.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The district may run programs that can include financial assistance or incentives for low-emission vehicles, cleaner-burning fuels, and ridesharing vehicles.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41241. Pursuant to Section 41231, the district may undertake programs which may include, but are not limited to, financial assistance to fleet operators for the purchase, conversion, or operation of low-emission motor vehicles, financial or other assistance to encourage the sale and distribution of cleaner burning fuels, and financial assistance or other incentives for the purchase and operation of ridesharing vehicles. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  168. 41243.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board may borrow money and incur debt in advance of expected revenue, but the debt cannot exceed the estimated revenue for the current year or the next year.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41243. The Mojave Desert district board may borrow money and incur indebtedness in anticipation of the revenue for the current year in which the indebtedness is incurred or for the ensuing year. That indebtedness shall not exceed the total amount of the estimated revenue for either the current year or the ensuing year. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  169. 41244.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    If the Mojave Desert district board adopts a resolution, the warrant-issuing procedure must start on the first day of the second month after adoption. The board may also revoke its authorization if it finds the district’s accounting controls are inadequate.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41244. Upon adoption of a resolution by the Mojave Desert district board to implement the procedure to issue warrants pursuant to Sections 41245 to 41256, inclusive, the procedure shall be implemented on the first day of the second month following the date of adoption of the resolution. If, at any time, the Mojave Desert district board determines that the accounting controls of the Mojave Desert district have become inadequate, it may revoke its authorization effective at the beginning of the next fiscal year. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  170. 41245.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board must appoint a treasurer, and the treasurer must control district funds, pay only on properly signed warrants, and keep an account of all receipts and disbursements.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41245. The Mojave Desert district board shall appoint a treasurer, who may be a county treasurer, who shall be the custodian of funds of the Mojave Desert district and who shall make payments only upon warrants duly and regularly signed by the person authorized by the Mojave Desert district board. The treasurer shall keep an account of all receipts and disbursements. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  171. 41246.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district must appoint a controller, who may be a county auditor.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41246. The Mojave Desert district shall appoint a controller, who may be a county auditor, who shall be the accounting officer for the Mojave Desert district and who shall exercise general supervision over the accounting forms and methods of keeping the accounts of the Mojave Desert district. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  172. 41247.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board may, by resolution, direct warrants to be drawn on the treasurer from district funds, except debt service funds, to pay district salaries and expenses.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41247. The Mojave Desert district board may, by resolution, cause to be drawn all warrants on the treasurer against all funds, except funds for debt service, of the Mojave Desert district in the treasury for the payment of salaries and expenses of the Mojave Desert district. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  173. 41248.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board may authorize the controller in writing to issue separate payroll warrants for individual 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41248. The Mojave Desert district board may authorize, in writing, the controller to draw separate payroll warrants in the names of the individual Mojave Desert district employees for the respective amounts due each employee so that each employee may be furnished with a statement of the amount earned and an itemization of the amounts withheld. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  174. 41249.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The district board may authorize the controller in writing to issue warrants, and the controller must issue warrants on the treasurer for qualifying claims.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41249. The Mojave Desert district board may authorize, in writing, the controller to issue warrants in favor of the persons entitled to payment of all claims chargeable against the Mojave Desert district which have been legally examined, allowed, and ordered paid by the Mojave Desert district board. The controller shall issue warrants on the treasurer for all those claims against the Mojave Desert district. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  175. 41250.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board prescribes the form of warrants, and the treasurer must approve 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41250. The form of the warrants shall be prescribed by the Mojave Desert district board and approved by the treasurer. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  176. 41251.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    County officers are generally not responsible for producing reports, statements, or other data about salary payments or claims of the Mojave Desert district, except as this article 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41251. Except as specified in this article, no county officer shall be responsible for producing reports, statements, and other data relating to or based upon payments of salaries or claims of the Mojave Desert district pursuant to this article. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  177. 41252.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district must provide specified data to the officials of the San Bernardino County Employees Retirement Association in the form they prescribe.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41252. The Mojave Desert district shall provide the officials of the San Bernardino County Employees Retirement Association, in the form prescribed by them, the data necessary to make retirement reports and maintain records required by law. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  178. 41253.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district must keep all warrants, vouchers, and supporting documents.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41253. All warrants, vouchers, and supporting documents shall be kept by the Mojave Desert district. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  179. 41254.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    If the district treasurer is a county treasurer, the county treasurer must pay a warrant when funds are available and the warrant has been properly signed. The county treasurer may also charge the district for fiscal services provided.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41254. Notwithstanding Section 27005 of the Government Code, or any other section requiring warrants or orders for warrants to be signed by the county auditor, if the Mojave Desert district treasurer is a county treasurer, the county treasurer shall pay the warrant if money is available and a person authorized to sign the warrant has signed it. The county treasurer may charge the Mojave Desert district for the cost of fiscal services he or she renders. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  180. 41255.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The controller must execute an official bond set by the Mojave Desert district board, and the section says a county auditor is not liable for warrants issued under 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41255. The controller shall execute an official bond in an amount fixed by the Mojave Desert district board conditioned upon the faithful performance of his or her duties. A county auditor shall not be liable under the terms of his or her bond or otherwise for a warrant issued pursuant to this article. This section shall not be applied so as to impair the obligation of any contract in the bond of the officers in effect on July 1, 1993. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  181. 41256.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    If the district auditor is a county auditor, the district must provide that auditor a monthly warrant listing on request, and the listing form must be prescribed by the district board and approved by the county auditor.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 5. Financial Provisions [41240 - 41256] ( Article 5 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41256. If the auditor of the Mojave Desert district is a county auditor, he or she shall be provided, upon his or her request, a monthly listing of the warrants issued under this section reporting the warrant number, the date and amount of the warrant, the name of the payee, the name of the fund on which the warrant is drawn, and a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances, and unencumbered balances. The form of the listing and statement shall be as prescribed by the Mojave Desert district board and approved by the county auditor. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  182. 41260.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district board must hire the staff it needs and appoint an air pollution control officer (APCO).

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41260. (a) The Mojave Desert district board shall employ the necessary staff to carry out its powers and duties. (b) The Mojave Desert district board shall appoint an air pollution control officer (APCO) to direct the staff, subject to the direction and policy of the Mojave Desert district board. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  183. 41261.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The APCO and designated deputies serve at the pleasure of the Mojave Desert district board, which also sets their compensation.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41261. The air pollution control officer (APCO) and designated deputies of the Mojave Desert District shall serve at the pleasure of the Mojave Desert district board, and shall receive the compensation that is determined by the Mojave Desert district board. (Amended by Stats. 2000, Ch. 890, Sec. 26. Effective January 1, 2001.)
  184. 41262.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district must appoint a legal counsel who is admitted to practice law 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41262. The Mojave Desert district shall appoint a legal counsel who is admitted to the practice of law in this state. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  185. 41264.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    Most officers and employees of the Mojave Desert district are entitled to County Employees Retirement Law of 1937 benefits, except board members.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41264. All officers and employees of the Mojave Desert district, other than members of the Mojave Desert district board, are entitled to the benefits of the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code). (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  186. 41265.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    When employees transfer to the Mojave Desert district, prior employment time must count toward certain employment-related benefits, and they keep accrued sick leave, vacation, and retirement benefits.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41265. For the purpose of, but not limited to, retirement benefits, salary rates, seniority, and all fringe benefits, all time of employment with the San Bernardino County Air Pollution Control District immediately prior to employment with the Mojave Desert district, and any time of employment immediately prior thereto with the county, a county district, or both, whose authority, functions, and responsibilities have been assumed by the San Bernardino County Air Pollution Control District, shall be considered time of employment with the Mojave Desert district. Upon transfer to the Mojave Desert district, employees shall retain all their accumulated sick leave, vacation, and retirement benefits. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  187. 41266.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district civil service commission may, at the APCO’s request, certify a person as eligible for a district position without an examination if the person previously worked for the San Bernardino County Air Pollution Control District in a substantially similar or more demanding position.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41266. If the civil service commission, or body performing the functions thereof, in the Mojave Desert district finds that any person has been employed by the San Bernardino County Air Pollution Control District, in a position with duties and qualifications which are substantially the same as, or are greater than those of any position in the Mojave Desert district, the civil service commission or other body, at the request of the APCO, may certify, without examination, that person as eligible to hold that Mojave Desert district position. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  188. 41267.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. )

    Verify source ↗

    The Mojave Desert district may contract for professional assistance when it is necessary or convenient to carry out its powers and duties.

    ## 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 13. Mojave Desert Air Quality Management District [41200 - 41267] ( Chapter 13 added by Stats. 1992, Ch. 642, Sec. 4. ) ## ARTICLE 6. Officers and Employees [41260 - 41267] ( Article 6 added by Stats. 1992, Ch. 642, Sec. 4. ) ## 41267. The Mojave Desert district may contract for any professional assistance that may be necessary or convenient for the exercise of its powers and duties. (Added by Stats. 1992, Ch. 642, Sec. 4. Effective January 1, 1993.)
  189. 41300.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 1. Creation of the Antelope Valley Air Quality Management District [41300 - 41302] ( Article 1 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    This section creates the Antelope Valley Air Quality Management District and sets its boundaries.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 1. Creation of the Antelope Valley Air Quality Management District [41300 - 41302] ( Article 1 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41300. (a) Notwithstanding Section 40410 or any other provision of this part, that portion of the Antelope Valley that is located in northern Los Angeles County shall not be within the south coast district. That territory shall constitute the territory of the Antelope Valley Air Quality Management District, which is hereby created. (b) The territory of the Antelope Valley district has the following boundaries: the San Bernardino County line to the east, the Kern County line to the north, the San Gabriel Mountains to the south, and the Sierra Nevada Mountains to the west. The south and west boundaries shall coincide with the boundaries of the Southeast Desert Air Basin, as determined by the state board, by regulation. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  190. 41301.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 1. Creation of the Antelope Valley Air Quality Management District [41300 - 41302] ( Article 1 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    The Antelope Valley district is the local agency responsible for air pollution control strategies and motor vehicle use reduction measures, and it must represent district residents in influencing other agencies’ decisions affecting air quality.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 1. Creation of the Antelope Valley Air Quality Management District [41300 - 41302] ( Article 1 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41301. The Antelope Valley district is the local agency with the primary responsibility for the development, implementation, monitoring, and enforcement of air pollution control strategies and motor vehicle use reduction measures, and shall represent the citizens of the Antelope Valley district in influencing the decisions of other public and private agencies whose actions may have an adverse impact on air quality within the Antelope Valley district. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  191. 41302.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 1. Creation of the Antelope Valley Air Quality Management District [41300 - 41302] ( Article 1 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district must begin operations on January 1, 2002.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 1. Creation of the Antelope Valley Air Quality Management District [41300 - 41302] ( Article 1 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41302. The Antelope Valley district shall commence operations on January 1, 2002, and on that date shall assume the authority and duties of the Antelope Valley Air Pollution Control District which shall cease to exist on that date. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  192. 41310.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district is governed by a seven-member district board with specified seats for Lancaster, Palmdale, a Los Angeles County supervisor appointee, and a public member.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41310. The Antelope Valley district shall be governed by a district board consisting of seven members, as follows: (a) Two members of the City Council of the City of Lancaster appointed by the city council. (b) Two members of the City Council of the City of Palmdale appointed by the city council. (c) Two persons appointed by the member of the Board of Supervisors of the County of Los Angeles who represents a majority of the population of the Antelope Valley district, one of whom may be that supervisor. (d) A public member who shall be appointed by the members appointed pursuant to subdivisions (a) to (c), inclusive. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  193. 41311.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district board must vote by rollcall on agenda items, with substitute rollcall allowed unless a board member objects.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41311. Voting by the Antelope Valley district board on the adoption of all items on its agenda shall be by rollcall. Unless any board member objects, a substitute rollcall may be used on any agenda item. For purposes of this requirement, any consent calendar is a single item. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  194. 41312.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. )

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    Before a public hearing on certain air quality rules, notice of the time and place must be given at least 30 days in advance and published in each county in the Antelope Valley 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41312. Notice of the time and place of a public hearing of the Antelope Valley district board to adopt, amend, or repeal any rule or regulation relating to an air quality objective shall be given not less than 30 days prior to the hearing and shall be published in each county in the Antelope Valley district in accordance with Section 6066 of the Government Code. The period of notice shall commence on the first day of publication. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  195. 41313.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. )

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    Board members are entitled to expense reimbursement, and the board may authorize compensation, but with limits and no duplication from other entities.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 2. Governing Body [41310 - 41313] ( Article 2 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41313. (a) (1) Each member of the Antelope Valley district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties. (2) The Antelope Valley 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 the Antelope Valley district board at an open regular meeting, each member of the Antelope Valley district board shall receive compensation of up to two hundred dollars ($200) per day attending meetings of the Antelope Valley district board or any committee of the Antelope Valley district board, or, upon authorization of the Antelope Valley district board, while engaged in the official business of the 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 Antelope Valley district board may be increased beyond the amounts provided in paragraph (1) by the Antelope Valley 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 Antelope Valley district board is located. (3) The Antelope Valley district board shall not provide for automatic future increases in compensation for its members. (4) The Antelope Valley 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) (1) If the Antelope Valley district board elects to provide compensation to its board pursuant to this section, it 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 Antelope Valley 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. 2. (AB 471) Effective January 1, 2026.)
  196. 41320.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district board must adopt rules and regulations that comply with state and federal law, reflect best available practices, and require enough control to meet specified emission-reduction 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41320. (a) The Antelope Valley district board shall adopt rules and regulations that are not in conflict with state and federal laws, rules, and regulations and that reflect the best available technological and administrative practices. (b) The rules and regulations shall require the level of control necessary to achieve the emission reduction requirements of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), pursuant to Sections 40913, 40914, and 40915. (c) The rules, regulations, and resolutions of the Antelope Valley Air Pollution Control District shall remain in effect on December 31, 2001, and shall remain in effect and be enforced on and after January 1, 2002, by the Antelope Valley district, until superseded or amended by the Antelope Valley district board. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  197. 41321.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. )

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    After a public hearing, the Antelope Valley district may adopt regulations requiring certain fleet operators to buy low-emission vehicles and, where feasible or appropriate, use cleaner-burning alternative fuel.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41321. (a) After a public hearing, the Antelope Valley district may adopt regulations to require operators of public and commercial fleet vehicles, when adding vehicles to, or replacing vehicles in, an existing fleet or when purchasing vehicles to form a new fleet, to purchase low-emission motor vehicles, and to require, to the maximum extent feasible or appropriate, that those vehicles be operated on a cleaner burning alternative fuel. (b) For purposes of this section, “motor vehicle fleet” means 10 or more vehicles under common ownership or operation. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  198. 41322.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district must conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects related to transportation control measures.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41322. The Antelope Valley district shall conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to transportation control measures. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  199. 41323.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district may adopt regulations to limit or mitigate air-quality impacts from indirect or areawide sources.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 3. General Powers and Duties [41320 - 41323] ( Article 3 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41323. The Antelope Valley district may adopt regulations to limit or mitigate the impact on air quality of an indirect or areawide source pursuant to Section 40716. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  200. 41330.

    ## 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 4. Financial Provisions [41330 - 41346] ( Article 4 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district may adopt a fee schedule for permitted and other air-pollution sources to recover implementation costs 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 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 4. Financial Provisions [41330 - 41346] ( Article 4 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41330. The Antelope Valley district may adopt a schedule of fees, levied on permitted and other sources of air pollution to recover the cost of implementing this chapter, pursuant to Section 42311 and Chapter 7 (commencing with Section 44220) of Part 5. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)

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