Health and Safety Code — Part 69 | HSC — United States — California law | Esheria

Health and Safety Code

Part 69 of 87 · provisions 13,601–13,800

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

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About this statute

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

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 41331.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957.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 run programs, including financial assistance and incentives for low-emission vehicles, cleaner 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 AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957.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 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. ) ## 41331. The Antelope Valley district may undertake programs that 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. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  2. 41332.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    On January 1, 2002, the Antelope Valley district must take over all funds, property, and obligations of the Antelope Valley Air Pollution Control 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 4. Financial Provisions [41330 - 41346] ( Article 4 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41332. On January 1, 2002, the Antelope Valley district shall succeed to all funds, property, and obligations of the Antelope Valley Air Pollution Control District. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  3. 41333.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 board may borrow money and incur debt in anticipation of current or next year revenue, but the debt cannot exceed the estimated revenue for either 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 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. ) ## 41333. The Antelope Valley 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 estimated revenue for either the current year or the ensuing year. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  4. 41334.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    If the district board adopts a resolution to use a warrant-issuance procedure, the procedure must start on the first day of the second month after the resolution. The board may also revoke that authorization if it decides the district’s accounting controls have become inadequate, with revocation taking effect 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 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. ) ## 41334. Upon adoption of a resolution by the Antelope Valley district board to implement a procedure to issue warrants pursuant to Sections 41335 to 41346, 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 Antelope Valley district board determines that the accounting controls of the Antelope Valley district have become inadequate, it may revoke its authorization effective at the beginning of the next fiscal year. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  5. 41335.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 district board must appoint a treasurer, and the treasurer must handle district funds, pay only on properly signed warrants, and keep records of 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 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. ) ## 41335. The Antelope Valley district board shall appoint a treasurer, who may be a county treasurer, who shall be the custodian of funds of the Antelope Valley district and who shall make payments only upon warrants duly and regularly signed by the person authorized by the Antelope Valley district board. The treasurer shall keep an account of all receipts and disbursements. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  6. 41336.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 must appoint a controller. The controller may be a county auditor and must serve as the district’s accounting officer and supervise its accounting methods.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 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. ) ## 41336. The Antelope Valley district shall appoint a controller, who may be a county auditor, who shall be the accounting officer for the Antelope Valley district and who shall exercise general supervision over the accounting forms and methods of keeping the accounts of the Antelope Valley district. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  7. 41337.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 board may, by resolution, direct warrants to be drawn on the treasurer for district salaries and expenses, except for debt service funds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 41337. The Antelope Valley district board may, by resolution, cause to be drawn all warrants on the treasurer against all funds, except funds for debt service, of the Antelope Valley district in the treasury for the payment of salaries and expenses of the Antelope Valley district. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  8. 41338.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 board may, in writing, authorize the controller 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 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. ) ## 41338. The Antelope Valley district board may authorize, in writing, the controller to draw separate payroll warrants in the names of the individual Antelope Valley 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. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  9. 41339.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 district board may authorize the controller in writing to issue warrants for certain allowed claims, and the controller must issue warrants on the treasurer for those 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 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. ) ## 41339. The Antelope Valley district board may authorize the controller, in writing, to issue warrants in favor of the persons entitled to payment of all claims chargeable against the Antelope Valley district that have been legally examined, allowed, and ordered paid by the Antelope Valley district board. The controller shall issue warrants on the treasurer for all those claims against the Antelope Valley district. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  10. 41340.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 board must prescribe the form of warrants, and the treasurer must approve that form.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 41340. The form of the warrants shall be prescribed by the Antelope Valley district board and approved by the treasurer. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  11. 41341.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    County officers are generally not responsible for producing certain reports, statements, or other data about Antelope Valley district salary payments or claims, except as this article specifically provides.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 3. AIR POLLUTION CONTROL DISTRICTS [40000 - 41357] ( Part 3 added by Stats. 1975, Ch. 957. ) ## CHAPTER 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. ) ## 41341. 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 Antelope Valley district pursuant to this article. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  12. 41342.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 must provide retirement-related data to the officials of the Los Angeles County Employees Retirement Association, using 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 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. ) ## 41342. The Antelope Valley district shall provide the officials of the Los Angeles 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. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  13. 41343.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 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 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. ) ## 41343. All warrants, vouchers, and supporting documents shall be kept by the Antelope Valley district. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  14. 41344.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    If the Antelope Valley district treasurer is a county treasurer, the county treasurer must pay a warrant when money is available and an authorized signer has signed it. 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 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. ) ## 41344. 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 Antelope Valley 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 Antelope Valley district for the cost of fiscal services he or she renders. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  15. 41345.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 controller must obtain an official bond set by the Antelope Valley district board, and a county auditor is not liable for a warrant issued under this article.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 41345. The controller shall execute an official bond in an amount fixed by the Antelope Valley 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 January 1, 2002. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  16. 41346.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    If the district auditor is a county auditor, the district must provide a monthly warrants listing and fiscal-year-to-date statement on request. The board prescribes the form, and the county auditor approves 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 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. ) ## 41346. If the auditor of the Antelope Valley 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 Antelope Valley district board and approved by the county auditor. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  17. 41350.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

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    The Antelope Valley district board must hire the staff it needs and appoint an APCO to direct that staff.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41350. (a) The Antelope Valley district board shall employ the necessary staff to carry out its powers and duties. (b) The Antelope Valley district board shall appoint an air pollution control officer (APCO) to direct the staff, subject to the direction and policy of the Antelope Valley district board. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  18. 41351.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    Certain district officers and exempt employees must be employed by the Antelope Valley district, and the APCO and designated deputies serve at the board’s pleasure and receive board-determined 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41351. On January 1, 2002, the APCO, deputies designated by the APCO, and other exempt employees of the Antelope Valley Air Pollution Control District shall be employed by the Antelope Valley district and shall serve in the same capacity for the Antelope Valley district. The APCO and deputies designated by the APCO shall serve at the pleasure of the Antelope Valley district board, and shall receive the compensation that is determined by the board. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  19. 41352.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    The Antelope Valley 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41352. The Antelope Valley district shall appoint a legal counsel who is admitted to the practice of law in this state. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  20. 41353.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    The district board must employ the personnel of the Antelope Valley Air Pollution Control District, and those employees are to become district employees with similar positions 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41353. In the appointment of persons to the Antelope Valley district staff, the Antelope Valley district board shall employ the personnel of the Antelope Valley Air Pollution Control District. On January 1, 2002, all employees of the Antelope Valley Air Pollution Control District shall be employed by the Antelope Valley district and shall be entitled to similar positions and duties on the Antelope Valley district staff. Except as otherwise provided in this article, an employee shall have permanent merit system employee status. A period of time as specified by the Los Angeles County Board of Supervisors shall be allowed to employees of the Antelope Valley County Air Pollution Control District to transfer to other appropriate county employment before July 1, 2002. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  21. 41354.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    Most Antelope Valley district officers and employees are entitled to benefits under the County Employees Retirement Law of 1937.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41354. All officers and employees of the Antelope Valley district, other than members of the Antelope Valley 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. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  22. 41355.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    When employees transfer to the Antelope Valley district, their prior service counts as district service for benefit and seniority purposes, 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41355. For the purpose of, but not limited to, retirement benefits, salary rates, seniority, and all fringe benefits, all time of employment with the Antelope Valley Air Pollution Control District immediately prior to employment with the Antelope Valley 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 Antelope Valley Air Pollution Control District, shall be considered time of employment with the Antelope Valley district. Upon transfer to the Antelope Valley district, employees shall retain all of their accumulated sick leave, vacation, and retirement benefits. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  23. 41356.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    The civil service commission or similar body in the Antelope Valley district may certify a person without examination as eligible for a district position if certain employment and job-duty conditions are met, and the APCO requests 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41356. If the civil service commission, or body performing the functions thereof, in the Antelope Valley district finds that any person has been employed by the Antelope Valley Air Pollution Control District in a position with duties and qualifications that are substantially the same as, or are greater than those of any position in the Antelope Valley 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 Antelope Valley district position. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  24. 41357.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. )

    Verify source ↗

    The Antelope Valley 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 14. Antelope Valley Air Quality Management District [41300 - 41357] ( Chapter 14 added by Stats. 2001, Ch. 163, Sec. 4. ) ## ARTICLE 5. Officers and Employees [41350 - 41357] ( Article 5 added by Stats. 2001, Ch. 163, Sec. 4. ) ## 41357. The Antelope Valley district may contract for any professional assistance that may be necessary or convenient for the exercise of its powers and duties. (Added by Stats. 2001, Ch. 163, Sec. 4. Effective January 1, 2002.)
  25. 41500.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must review district plans, rules, programs, and enforcement practices to help ensure statewide compliance with 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41500. To coordinate air pollution control activities throughout the state, and to ensure that the entire state is, or will be, in compliance with the standards adopted pursuant to Section 39606, the state board shall do all of the following: (a) Review the district attainment plans submitted pursuant to Section 40911, and the revised plans submitted pursuant to Section 40925, to determine whether the plans will achieve and maintain the state’s ambient air quality standards by the earliest practicable date. (b) Review the rules and regulations and programs submitted by the districts pursuant to Section 40704 to determine whether they are sufficiently effective to achieve and maintain the state ambient air quality standards. (c) Review the enforcement practices of the districts and local agencies delegated authority by districts pursuant to Section 40717 to determine whether reasonable action is being taken to enforce their programs, rules, and regulations. (Amended by Stats. 2000, Ch. 890, Sec. 28. Effective January 1, 2001.)
  26. 41500.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Any plan required by this division must comply with Article 5.5 of the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41500.5. Notwithstanding any other provision of law, any plan required by this division shall be subject to Article 5.5 (commencing with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2000, Ch. 890, Sec. 29. Effective January 1, 2001.)
  27. 41502.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must hold a public hearing and give notice before taking certain air-pollution actions, with a shorter emergency notice rule 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41502. (a) Before taking any action pursuant to Section 41503, 41504, 41505, or 41652, the state board shall hold a public hearing within the air basin affected, upon a 45-day written notice given to the basinwide air pollution control council, if any, the affected districts, the affected air quality planning agencies, and the public. However, except with respect to action taken pursuant to Section 41652, upon receipt of evidence that a concentration of air contaminants in any place is presenting an imminent and substantial endangerment to the health of persons, and that the districts affected are not taking reasonable action to abate the concentration of air contaminants, the state board shall give, orally if necessary, as much notice as possible, but not less than 24 hours. The state board shall, in the action taken, include a statement of the facts which prevented the state board from giving a 45-day written notice. (b) In addition to any other statutory requirements, interested persons shall have the right, at the public hearing, to present oral and written evidence and to question and solicit testimony of qualified representatives of the state board on the matter being considered. The state board may, at the public hearing, place reasonable limits on such right to question and solicit testimony. (c) If, after conducting the public hearing required by subdivision (a), the state board determines to take action pursuant to any section enumerated in subdivision (a), the state board shall, based on the record of the public hearing, adopt written findings which explain the action to be taken by the state board, why the state board decided to take the action, and why the action is authorized by, and meets the requirements of, the statutory provisions pursuant to which it was taken. In addition, the findings shall address the significant issues raised or written evidence presented by interested persons or the staff of the state board. The transcript of testimony and exhibits, together with all papers and requests filed in the proceedings, shall constitute the exclusive record for decision by the state board. (d) Subdivisions (a), (b), and (c) shall be applicable to the executive officer of the state board acting pursuant to Section 39515, or to his delegates acting pursuant to Section 39516, with respect to any action taken pursuant to any section enumerated in subdivision (a). (Amended by Stats. 1981, Ch. 564.)
  28. 41503.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must review district attainment plans, hold a public hearing in each affected air basin, and decide whether the plans are sufficient to meet 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503. (a) Within 12 months of receiving each district’s attainment plan developed pursuant to Section 40911, the state board shall determine whether the attainment date specified in the plan represents the earliest practicable date and whether the measures contained in the plan are sufficient to achieve and maintain state ambient air quality standards. (b) The state board shall conduct its review to include the plans of every district in the air basin, and shall determine whether the combination of measures in all the plans is sufficient to achieve and maintain state ambient air quality standards throughout the air basin. The state board shall hold at least one public hearing in each affected air basin prior to reaching a final determination of the sufficiency of the plans. The state board shall require control measures for the same emission sources to be uniform throughout the air basin to the maximum extent feasible, unless a district demonstrates to the satisfaction of the state board that adoption of the measure within its jurisdiction is not necessary to achieve or maintain the state ambient air quality standard. (c) Where air pollutant transport is a factor, the state board shall determine whether the attainment plan is sufficient to satisfy the requirements of Section 40912. (d) If a district is unable to specify an attainment date and the state board concurs that projecting an attainment date is not feasible, the state board shall determine whether the plan contains every feasible control strategy or measure to ensure progress toward attainment is maintained. (e) In making determinations under subdivisions (a), (b), (c), and (d), the state board shall consider any emission reductions occurring in, or expected to occur in, the district or air basin. (Amended by Stats. 1989, Ch. 559, Sec. 4.)
  29. 41503.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may approve an attainment plan with lower emission reductions if it makes one of the required findings.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503.1. The state board may approve an attainment plan which achieves less emission reductions than 5 percent per year, or less than 15 percent every three years, as specified in Section 40914, if the state board determines that the district is unable to meet these requirements, despite the expeditious adoption of all feasible controls, or if the state board determines that the equivalent air quality improvement will be achieved through an alternate level of emissions reduction. (Added by Stats. 1988, Ch. 1568, Sec. 15.)
  30. 41503.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a district’s plan does not meet Section 41503, the state board must notify the district of the deficiencies, and the district must fix them and resubmit the plan.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503.2. (a) If the state board concludes that a district’s plan does not meet the requirements of Section 41503, the state board shall notify the district of all deficiencies in writing. The district shall correct the deficiencies identified by the state board, and shall submit its revised plan to the state board for approval. (b) If the district does not concur with the state board’s findings and determinations of deficiency, or the state board determines that the district’s plan revisions are inadequate to remedy identified deficiencies, the state board and the district shall attempt to resolve the differences within three months of the board’s disapproval. The state board and the districts shall develop a uniform conflict resolution procedure, for purposes of this subdivision, prior to any district’s submittal of its attainment plan to the state board. (c) If a conflict between the state board and district cannot be resolved, the state board shall take all of the following actions: (1) Conduct a public hearing in the air basin containing the affected district for purposes of hearing testimony on the plan and the deficiencies identified by the state board pursuant to subdivision (a). (2) Prior to conducting the hearing, provide a 45-day written notice to the affected district and to the public of the date, time, location, and subject of the hearing. (3) After conducting the public hearing on the plan and the deficiencies identified by the state board, revise the district’s plan as it finds and determines necessary. (Added by Stats. 1988, Ch. 1568, Sec. 16.)
  31. 41503.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must decide whether a district has met the minimum rate of progress, and if not, must require one or more contingency measures unless the district proves the shortfall will be fixed in the next reporting period.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503.3. Upon receipt of a district’s triennial progress report and plan revisions prepared pursuant to subdivision (b) of Section 40924, the state board shall determine whether the district has achieved the minimum rate of progress under Section 40914 or as adjusted by the board pursuant to Section 41503.1. The state board shall require the adoption of one or more contingency measures when the minimum rate of progress has not been achieved, unless the district demonstrates to the satisfaction of the state board that the discrepancy will be corrected and the deficiency restored during the next reporting period. (Added by Stats. 1988, Ch. 1568, Sec. 17.)
  32. 41503.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must take its actions on a district attainment plan or plan revision at a noticed 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503.4. All actions of the state board to approve, revise and approve, or disapprove a district’s attainment plan or plan revision shall be taken at a noticed public hearing. (Added by Stats. 1988, Ch. 1568, Sec. 18.)
  33. 41503.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must make sure district attainment plans and revisions meet the listed requirements and that every reasonable action is taken to reach the state air quality standards for the specified pollutants as early 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503.5. The state board shall ensure that a district’s attainment plan and plan revisions meet the requirements of this part and of Part 3 (commencing with Section 40000), and that every reasonable action is taken to achieve the state ambient air quality standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at the earliest practicable date. (Added by Stats. 1988, Ch. 1568, Sec. 19.)
  34. 41503.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Treasurer and the Capital Programs and Climate Financing Authority must work with districts and provide feasible assistance to help small businesses comply with district rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41503.6. (a) The Legislature finds and declares that the Capital Programs and Climate Financing Authority, working with the south coast district, has established successful programs to assist small businesses in complying with district rules and financing the purchase of pollution control equipment. (b) The Treasurer and the Capital Programs and Climate Financing Authority shall work with, and provide all feasible assistance to, districts to increase opportunities for small businesses to comply with the rules and regulations of the district. That assistance may include loans, loan guarantees, and other forms of financial assistance. (Amended by Stats. 2025, Ch. 710, Sec. 5. (AB 786) Effective January 1, 2026.)
  35. 41504.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If a district’s air program is unlikely to meet state ambient air quality standards, the state board may set needed rules or a program after a public hearing, and the district must enforce them.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41504. (a) If, after a public hearing, the state board finds that the program or the rules and regulations of a district will not likely achieve and maintain the state’s ambient air quality standards, the state board may establish a program, or portion thereof, or rules and regulations it deems necessary to enable the district to achieve and maintain such ambient air quality standards. (b) Any program, or portion thereof, or rule or regulation established by the state board for the district shall have the same force and effect as a program, rule, or regulation adopted by the district and shall be enforced by the district. (Amended by Stats. 1976, Ch. 1063.)
  36. 41505.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    After a public hearing, if the state board finds a district is not enforcing air-quality laws reasonably, the board may use that district’s powers to help achieve and maintain ambient 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41505. If, after a public hearing, the state board finds that a district is not taking reasonable action to enforce the statutory provisions, rules, and regulations relating to air quality in such a manner that will likely achieve and maintain the state’s ambient air quality standards, the state board may exercise any of the powers of that district to achieve and maintain such ambient air quality standards. (Amended by Stats. 1976, Ch. 1063.)
  37. 41508.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Local or regional authorities may adopt additional, stricter standards for nonvehicular sources, unless another specific provision in this division says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41508. Except as otherwise specifically provided in this division, including, but not limited to, Sections 41809, 41810, and 41904, any local or regional authority may establish additional, stricter standards than those set forth by law or by the state board for nonvehicular sources. (Added by Stats. 1975, Ch. 957.)
  38. 41509.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section says the division does not limit certain nuisance-related powers and rights.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41509. No provision of this division, or of any order, rule, or regulation of the state board or of any district, is a limitation on: (a) The power of any local or regional authority to declare, prohibit, or abate nuisances. (b) The power of the Attorney General, at the request of a local or regional authority, the state board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance. (c) The power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer. (d) The right of any person to maintain at any time any appropriate action for relief against any private nuisance. (Added by Stats. 1975, Ch. 957.)
  39. 41510.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Air pollution officers may enter premises to inspect emission sources and related records, with credentials or an inspection warrant if needed.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41510. For the purpose of enforcing or administering any state or local law, order, regulation, or rule relating to air pollution, the executive officer of the state board or any air pollution control officer having jurisdiction, or an authorized representative of such officer, upon presentation of his credentials or, if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50), Part 3 of the Code of Civil Procedure, shall have the right of entry to any premises on which an air pollution emission source is located for the purpose of inspecting such source, including securing samples of emissions therefrom, or any records required to be maintained in connection therewith by the state board or any district. (Added by Stats. 1975, Ch. 957.)
  40. 41511.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board or a district may make rules requiring owners or operators of air pollution emission sources to take reasonable steps to determine emission amounts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41511. For the purpose of carrying out the duties imposed upon the state board or any district, the state board or the district, as the case may be, may adopt rules and regulations to require the owner or the operator of any air pollution emission source to take such action as the state board or the district may determine to be reasonable for the determination of the amount of such emission from such source. (Amended by Stats. 1976, Ch. 1063.)
  41. 41511.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must study manganese levels in ambient air and report the study’s conclusions and recommendations to the Legislature by January 1, 2010.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41511.5. The state board shall conduct a study of ambient air concentrations of manganese in the state to determine if there are areas in the state that have unhealthy concentrations of manganese. No later than January 1, 2010, the state board shall submit a report to the Legislature that describes the conclusions of this study and provides recommendations for reducing manganese exposures as needed. (Added by Stats. 2007, Ch. 680, Sec. 1. Effective January 1, 2008.)
  42. 41512.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board or a district board may set fee schedules for certain air-pollution testing, but only within the estimated cost and only when testing is required for compliance. Late payment can lead to permit revocation or suspension. The state board must also create a process for independent testing requests by April 1, 1981.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41512. (a) The state board or a district board may adopt, by regulation, after a public hearing, a schedule of fees not exceeding the estimated cost of planning, preliminary evaluation, sampling, sample analysis, calculations, and report preparation with respect to samples of emissions secured from air pollution emission sources. However, such fees may be imposed or assessed only when such samples are required to determine compliance with permit conditions or with any state or local law, order, rule, or regulation relating to air pollution. Such fees shall not include charges for the reasonable time exclusively spent by the owner or operator of the source constructing testing facilities or preparing for such testing. The failure to pay any such fee in a timely manner shall constitute grounds for the revocation or suspension, and may be made a condition for the issuance, of any permit. Any such revocation or suspension shall be in accordance with the procedures set forth in Sections 42304 to 42309, inclusive. (b) Nothing contained in this part shall be construed to include or restrict the use of construction equipment such as portable sandblasting equipment or portable spraying or spray painting equipment, or any similar equipment, used on a temporary basis in connection with new construction, or on maintenance or repairs of existing structures, machinery, or equipment; provided, such equipment is operated in accordance with the requirements of this division and applicable district and state board rules and regulations. (c) Where testing to demonstrate compliance with permit conditions or with any state or local law, order, rule, or regulation relating to air pollution is required by the state board, the state board, not later than April 1, 1981, shall establish procedures under which the operator may request that such testing be performed by an independent testing service. The state board may, for good cause, reject such a request. (Amended by Stats. 1980, Ch. 1283, Sec. 1.)
  43. 41512.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    A district board may adopt certain fees, but the fees cannot exceed estimated costs and a public hearing must be held at least 30 days before the board considers adopting or revising the fee schedule.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41512.5. A district board may adopt a schedule of fees applicable to emission sources not included within a permit system adopted pursuant to Section 42300 to cover the estimated reasonable costs of evaluating plans required by law or by district rule or regulation, including, but not limited to, review, inspection, and monitoring related thereto. The fees shall not exceed the estimated costs of reviewing, monitoring, and enforcing the plan for which the fees are charged. The district board shall hold a public hearing at least 30 days prior to the meeting of the district board at which the adoption or revision of the fee schedule is to be considered, and supporting data on the actual or estimated costs required to provide the service for which the fee is proposed to be charged shall be made available at that public hearing. (Added by Stats. 1987, Ch. 510, Sec. 1.)
  44. 41512.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Districts are limited in how much they can raise certain permit fees each year, with different caps based on budget size and special rules for San Diego County.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41512.7. (a) No district with an annual budget of less than one million dollars ($1,000,000) shall increase any existing fees for authority-to-construct permits or permits to operate by more than 30 percent in any calendar year, unless required to comply with the minimum fee requirements of Title V. (b) No district with an annual budget of one million dollars ($1,000,000) or more shall increase any existing fees for authority-to-construct permits or permits to operate by more than 15 percent in any calendar year. (c) Notwithstanding subdivision (b), this section shall not apply to the south coast district. (d) (1) Notwithstanding subdivision (b), effective January 1, 1998, any of the San Diego County Air Pollution Control District’s individual fees for authority-to-construct permits and permits to operate may reflect the district’s actual costs, as determined by the district’s fee-for-service calculations. (2) Notwithstanding paragraph (1) or subdivision (b), on and after January 1, 1999, the San Diego County Air Pollution Control District may increase any individual fees for authority-to-construct permits and permits to operate by more than 15 percent in any fiscal year only if the total, aggregate increase in existing fees for authority-to-construct permits and permits to operate does not exceed 15 percent in that fiscal year. (3) (A) This subdivision shall remain operative so long as the San Diego County Air Pollution Control District continues to determine fees for authority-to-construct permits and permits to operate pursuant to a cost-based fee system in which all of the following requirements are met: (i) Fees for authority-to-construct permits and permits to operate are specified for a minimum of 120 separate equipment and process categories. (ii) Labor expended to issue authority-to-construct permits and permits to operate is tracked in increments of 0.5 hours or less for each of those categories. (iii) The fees for authority-to-construct permits and permits to operate are determined from the costs of labor tracked in increments of 0.5 hours or less and other actual and projected costs related to permitted stationary sources. (B) This subdivision shall become inoperative if, and at the time that, the San Diego district ceases to determine fees for authority-to-construct permits and permits to operate as specified in subparagraph (A). (Amended by Stats. 1997, Ch. 406, Sec. 1. Effective January 1, 1998.)
  45. 41513.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Violations of this part, or of state board or district orders, rules, or regulations, may be stopped by a civil court action brought in the name of the people of California.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41513. Any violation of any provision of this part, or of any order, rule, or regulation of the state board or of any district, may be enjoined in a civil action brought in the name of the people of the State of California, except that the plaintiff shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law or to show, or tending to show, irreparable damage or loss. (Added by renumbering Section 41512 by Stats. 1976, Ch. 1056.)
  46. 41514.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section says certain nonvehicular-emissions requirements do not apply to equipment carried by or attached to motor vehicles covered by Vehicle Code Section 27156.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41514. Notwithstanding any other provision of law, no provision of this division, and no rule or regulation of the state board or of a district adopted pursuant to this division, imposing any requirement pertaining to the control of nonvehicular emissions shall apply to any equipment carried by, or affixed to, any motor vehicle described in Section 27156.3 of the Vehicle Code. (Added by Stats. 1995, Ch. 235, Sec. 1. Effective January 1, 1996.)
  47. 41514.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    A health facility must test and maintain its diesel backup generators and standby systems to the required NFPA 110 standard.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41514.1. (a) For purposes of this section, “health facility” has the same meaning as defined in Section 1250, but includes only those facilities described in subdivision (a), (b), (c), (d), (f), (g), or (k) of that section. (b) A health facility shall test and maintain each of its diesel backup generators and standby systems in conformance with the edition of the National Fire Protection Association 110: Standard for Emergency and Standby Power Systems adopted by the Life Safety Code and the federal Centers for Medicare and Medicaid Services. (c) Nothing in this section affects the authority of the state board or a district to regulate diesel backup generators owned by a health facility. (Added by Stats. 2017, Ch. 145, Sec. 1. (AB 1014) Effective January 1, 2018.)
  48. 41514.10.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must issue guidance to districts about permitting or certifying electrical generation technologies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41514.10. On or before January 1, 2003, the state board shall issue guidance to districts on the permitting or certification of electrical generation technologies under the districts regulatory jurisdiction. The guidance shall address best available control technology determinations, as defined by Section 40405, for electrical generation technologies and, by the earliest practicable date, shall make those equivalent to the level determined by the state board to be the best available control technology for permitted central station powerplants in California. The guidance shall also address methods for streamlining the permitting and approval of electrical generation units, including the potential for precertification of one or more types of electrical generation technologies. (Added by Stats. 2000, Ch. 741, Sec. 3. Effective January 1, 2001.)
  49. 41514.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Certain districts must create fence-line air quality monitoring requirements for metal shredding facilities, and covered facilities must implement the monitoring.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section. (b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following: (1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available. (2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1). (3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions. (4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded. (5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department. (c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section. (d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section. (e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d). (f) Any reasonable regulatory costs incurred by a district in implementing this section may be reimbursed pursuant to its fee authority. (g) The Office of Environmental Health Hazard Assessment’s costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84. (Added by Stats. 2024, Ch. 743, Sec. 3. (AB 2851) Effective January 1, 2025.)
  50. 41514.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Before adopting air rules affecting existing powerplants, the state board or a district must prepare written findings based on specified supporting information, and later-adopted rules must take those findings into account.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41514.8. (a) Prior to adopting rules or regulations which would affect the operation of existing powerplants, the state board or any district shall consider and adopt written findings that specify the supporting information relied upon with regard to all of the following: (1) The need for the emission reductions expected to be achieved from the implementation of the proposed rule or regulation, and the extent to which the rule or regulation is necessary solely for the attainment of a state ambient air quality standard. (2) The relative cost of achieving the emission reductions from the proposed rule or regulation compared to the cost of feasible reductions from sources other than powerplants. (3) The availability and technological feasibility of control technologies required by the proposed rule or regulation. (b) Rules and regulations affecting the operation of existing powerplants adopted after January 1, 1982 by the state board or any district shall take into consideration the findings under subdivision (a). (Added by Stats. 1981, Ch. 580.)
  51. 41514.9.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt a certification program and uniform emission standards by January 1, 2003, and electrical generation technologies must be certified or permitted before use in 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [41500 - 41514.10] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 41514.9. (a) On or before January 1, 2003, the state board shall adopt a certification program and uniform emission standards for electrical generation technologies that are exempt from district permitting requirements. (b) The emission standards for electrical generation technologies shall reflect the best performance achieved in practice by existing electrical generation technologies for the electrical generation technologies referenced in subdivision (a) and, by the earliest practicable date, shall be made equivalent to the level determined by the state board to be the best available control technology for permitted central station powerplants in California. The emission standards for state certified electrical generation technology shall be expressed in pounds per megawatt hour to reflect the expected actual emissions per unit of electricity and heat provided to the consumer from each permitted central powerplant as compared to each state certified electrical generation technology. (c) Commencing on January 1, 2003, all electrical generation technologies shall be certified by the state board or permitted by a district prior to use or operation in the state. This section does not preclude a district from establishing more stringent emission standards for electrical generation technologies than those adopted by the state board. (d) The state board may establish a schedule of fees for purposes of this section to be assessed on persons seeking certification as a distributed generator. The fees charged, in the aggregate, shall not exceed the reasonable cost to the state board of administering the certification program. (e) As used in this section, the following definitions shall apply: (1) “Best available control technology” has the same meaning as defined in Section 40405. (2) “Distributed generation” means electric generation located near the place of use. (Added by Stats. 2000, Ch. 741, Sec. 2. Effective January 1, 2001.)
  52. 41515.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects [41515 - 41517] ( Chapter 1.5 added by Stats. 1979, Ch. 922. )

    Verify source ↗

    The Legislature declares that California wastes energy, that cogeneration can improve efficiency and benefits, and that cogeneration facilities should be recognized for air-quality benefits when setting requirements for new projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects [41515 - 41517] ( Chapter 1.5 added by Stats. 1979, Ch. 922. ) ## 41515. The Legislature finds and declares (a) that present methods of generating and using energy in California result in substantial waste of such energy through the loss of exhaust steam and heat which is not recovered or otherwise put to use, and that this waste of energy results in adverse environmental and economic impacts and accelerates the need for new powerplant construction, and increases dependence upon imported oil, (b) that the use of cogeneration technology can substantially increase the efficiency of energy use in California and can also result in environmental and economic benefits for the people of the state, (c) that the expanded use of cogeneration technology is specifically encouraged as a matter of national energy policy through the tax and regulatory incentives provided in the National Energy Act, and through state legislation which encourages the expeditious approval of cogeneration projects, and (d) the construction and operation of cogeneration facilities will result in an incremental air quality emissions benefit to the extent they reduce demand on existing utility combustion generation facilities in the same air basin and that such benefit should be recognized in determining requirements for new cogeneration projects. (Amended by Stats. 1981, Ch. 952.)
  53. 41516.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects [41515 - 41517] ( Chapter 1.5 added by Stats. 1979, Ch. 922. )

    Verify source ↗

    The Legislature finds that municipal waste disposal causes serious problems and that resource recovery projects should be encouraged as state policy.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects [41515 - 41517] ( Chapter 1.5 added by Stats. 1979, Ch. 922. ) ## 41516. The Legislature further finds and declares (a) that the disposal of liquid and solid waste poses serious environmental and economic problems for local governments in California, (b) that resource recovery technology presently exists which can convert municipal waste to energy while also recovering substantial quantities of raw materials, (c) that the construction of resource recovery projects can help alleviate the environmental and economic problems associated with municipal waste disposal, while at the same time producing additional supplies of energy and raw materials, and (d) that such projects should therefore be encouraged as a matter of state policy. (Added by Stats. 1979, Ch. 922.)
  54. 41517.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects [41515 - 41517] ( Chapter 1.5 added by Stats. 1979, Ch. 922. )

    Verify source ↗

    The Legislature states that local governments may help mitigate the air quality impact of certain communitywide-benefit projects, such as cogeneration and resource recovery projects, through regional growth increments 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects [41515 - 41517] ( Chapter 1.5 added by Stats. 1979, Ch. 922. ) ## 41517. The Legislature further finds and declares that the 1977 amendments to the federal Clean Air Act specifically authorize local governments to provide for the mitigation of the air quality impact of projects with communitywide benefits, such as cogeneration technology and resource recovery projects, by providing regional growth increments in the state implementation plan. (Added by Stats. 1979, Ch. 922.)
  55. 416.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The Director of Developmental Services may be appointed as guardian or conservator for certain developmentally disabled persons.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416. The Director of Developmental Services may be appointed as either guardian or conservator of the person and estate, or person or estate, of any developmentally disabled person, who is either of the following: (1) Eligible for the services of a regional center. (2) A patient in any state hospital, and who was admitted or committed to such hospital from a county served by a regional center. Any reference in this article to the Director of Health shall be deemed a reference to the Director of Developmental Services. (Amended by Stats. 1977, Ch. 1252.)
  56. 416.1.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    Unless this article says otherwise, Probate Code Division 4 applies to guardianship and conservatorship appointments made under this article.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.1. Unless exceptions are expressly made in this article, the provisions of Division 4 (commencing with Section 1400) of the Probate Code shall apply to guardianship and conservatorship appointments made under this article. (Amended by Stats. 1979, Ch. 730.)
  57. 416.10.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    A private guardian or conservator cannot be appointed together with the Director of Developmental Services for the same person or estate. The Director may be appointed as a successor in the situations listed.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.10. No appointment of both the Director of Developmental Services and a private guardian or conservator shall be made for the same person and estate, or person or estate. The Director of Developmental Services may be appointed as provided in this article to succeed an existing guardian or conservator upon the death, resignation or removal of such guardian or conservator. (Amended by Stats. 1977, Ch. 1252.)
  58. 416.11.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The county clerk may not charge or collect costs or fees for filing conservatorship or guardianship petitions, or for official services performed in the proceeding under this article.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.11. No costs or fees shall be charged or received by the county clerk for the filing of any conservatorship or guardianship petition as provided in this article, or for any official services performed by him in the course of the proceeding under this article. (Added by Stats. 1968, Ch. 1099.)
  59. 416.12.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The Director of Developmental Services must file an official bond of at least $25,000, and does not have to file separate bonds in individual cases.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.12. The Director of Developmental Services shall file an official bond in no event less than twenty-five thousand dollars ($25,000), which bond shall inure to the joint benefit of the several guardianship or conservatorship estates and the State of California, and the Director of Developmental Services shall not be required to file bonds in individual cases. (Amended by Stats. 1978, Ch. 429.)
  60. 416.13.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The court must appoint the Director of Developmental Services as conservator or guardian under the Director’s office title, and the Director cannot resign without court approval.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.13. The appointment by the court of the Director of Developmental Services as conservator or guardian shall be by the title of his office. The authority of the Director of Developmental Services as conservator or guardian shall cease upon the termination of his term of office as such Director of Developmental Services and his authority shall vest in his successor or successors in office without further court proceedings. The Director of Developmental Services shall not resign as conservator or guardian unless his resignation is approved by the court. (Amended by Stats. 1977, Ch. 1252.)
  61. 416.14.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The Director of Developmental Services must consult with developmentally disabled persons and their families, serve as adviser when requested or for their benefit, and accept appointment as guardian or conservator when the person needs assistance and protection.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.14. The Director of Developmental Services shall: (a) Consult with developmentally disabled persons and their families with respect to the services the director offers. (b) Act as adviser for those developmentally disabled persons who request the director’s advice and guidance or for whose benefit it is requested. (c) Accept appointment as guardian or conservator of the person and estate, or person or estate, of those developmentally disabled persons who need the director’s assistance and protection. (Amended by Stats. 1979, Ch. 730.)
  62. 416.15.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The Director of Developmental Services may give advice and guidance to a developmentally disabled person even without a prior court appointment.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.15. The Director of Developmental Services, when acting as adviser, may provide advice and guidance to the developmentally disabled person without prior appointment by a court. The provision for such services shall not be dependent upon a finding of incompetency, nor shall it abrogate any civil right otherwise possessed by the developmentally disabled person. (Amended by Stats. 1977, Ch. 1252.)
  63. 416.16.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The Director of Developmental Services has the same powers and duties as guardians and conservators under the Probate Code, and takes over as guardian or conservator for certain developmentally disabled individuals.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.16. The Director of Developmental Services shall have the same powers and duties as those established for guardians and conservators in Division 4 (commencing with Section 1400) of the Probate Code and shall succeed the State Director of Health as guardian or conservator of developmentally disabled individuals for whom the State Director of Health was appointed guardian or conservator. (Amended by Stats. 1979, Ch. 730.)
  64. 416.17.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    When the director acts as guardian or conservator for a developmentally disabled person, the director must keep close contact, act like a wise parent, encourage maximum self-reliance, and work on less restrictive alternatives where possible.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.17. It is the intent of this article that the director, when acting as guardian or conservator of the person of a developmentally disabled person, shall maintain close contact with the developmentally disabled person no matter where the person is living in this state; shall act as a wise parent would act in caring for the parent’s developmentally disabled child; shall permit and encourage maximum self-reliance on the part of the developmentally disabled person under their protection; and shall work with regional centers and the person, to the greatest extent possible, to develop and implement less restrictive alternatives to conservatorship. (Amended by Stats. 2022, Ch. 894, Sec. 1. (AB 1663) Effective January 1, 2023.)
  65. 416.18.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The director must arrange a written annual review of each covered developmentally disabled person’s physical, mental, and social condition, and the related records are confidential.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.18. The director shall provide for at least an annual review in writing of the physical, mental, and social condition of each developmentally disabled person for whom he has been appointed conservator or guardian, or for whom he is otherwise acting in his official capacity under this article. These records shall be confidential but may be made available to persons approved by the director or the court. (Amended by Stats. 1973, Ch. 546.)
  66. 416.19.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The Director of Developmental Services must issue guidelines by January 1, 2024, to reduce conflicts involving regional centers and to provide a process for conservatees or their representatives to ask for help. The director’s services as adviser, guardian, or conservator must be carried out through regional centers or other designees.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.19. (a) The services to be rendered by the director as adviser or as guardian or conservator of the person shall be performed through the regional centers or by other agencies or individuals designated by the regional centers. (b) No later than January 1, 2024, the Director of Developmental Services shall develop guidelines to mitigate conflicts that may arise when a regional center is acting as the designee of the director for a conservatee, while at the same time is also responsible for service coordination activities pursuant to Section 4647 of the Welfare and Institutions Code for that same person. The guidelines shall also include a process for any conservatee or their legal representative to request assistance from the director or their designee if they are dissatisfied with a regional center’s performance in carrying out its responsibilities under this section. (Amended by Stats. 2022, Ch. 894, Sec. 2. (AB 1663) Effective January 1, 2023.)
  67. 416.20.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The director may receive reasonable fees for serving as guardian or conservator of the estate, if the court allows.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.20. The director shall receive such reasonable fees for his services as guardian or conservator of the estate as the court allows and such fees shall be paid into the General Fund of the State Treasury. (Added by Stats. 1968, Ch. 1099.)
  68. 416.23.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    This section says the article does not authorize care, treatment, supervision, or other control over a developmentally disabled person unless the person's parent, guardian, or conservator gives written consent.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.23. This article does not authorize the care, treatment, or supervision or any control over any developmentally disabled person without the written consent of his parent or guardian or conservator. (Amended by Stats. 1979, Ch. 730.)
  69. 416.5.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    A nomination of the director as guardian or conservator must be in writing, and the director must promptly accept or reject it in writing.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.5. The director may be nominated by any one of the following to act as guardian or conservator for any developmentally disabled person; (1) who is or may become eligible for the services of a regional center, or (2) who is a patient in any state hospital, and who was admitted or committed to such hospital from a county served by a regional center: (a) A parent, relative or friend. (b) The guardian or conservator of the person or estate, or person and estate, of the developmentally disabled person to act as his successor. (c) The developmentally disabled person. Such nomination shall be in writing and may provide that the authority of the director is to take effect at some date or occurrence in the future that may be fixed in the nomination. The director shall promptly accept or reject such nomination in writing. His acceptance shall be binding upon him and his successors. Any nomination to take effect in the future may be withdrawn by the nominator before its effective date. (Amended by Stats. 1973, Ch. 546.)
  70. 416.6.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    If the director has agreed to do so, the director may petition the superior court to be appointed as conservator or guardian for the alleged developmentally disabled person and related estate or person/estate.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.6. In every case in which he has agreed to do so, the director may petition for his appointment to act as conservator or guardian of the alleged developmentally disabled person and his estate or his person or estate in the superior court of the county where the main administrative office of the regional center serving such developmentally disabled person is located. (Amended by Stats. 1973, Ch. 546.)
  71. 416.7.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    If the alleged developmentally disabled person is in the state and can attend, they must be present at the hearing.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.7. If the alleged developmentally disabled person is within the state and is able to attend, he shall be present at the hearing. If he is unable to attend by reason of physical or other inability, such inability shall be evidenced by the affidavit or certificate of a duly licensed medical practitioner as provided in Section 1825 of the Probate Code. Such affidavit or certificate shall be filed no later than 10 days prior to the time of the hearing. (Amended by Stats. 1979, Ch. 730.)
  72. 416.8.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    The court must receive a complete evaluation from the regional center, and the report is confidential except for specified persons. If the person cannot attend the hearing and the required affidavit or certificate has been filed, the assisting psychologist or social worker must visit the person and be ready to testify about current condition.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.8. In addition to the requirements of Division 4 (commencing with Section 1400) of the Probate Code, the court shall be provided by the regional center with a complete evaluation of the developmentally disabled person for whose protection the appointment is sought. The report shall include a current diagnosis of his physical condition prepared under the direction of a licensed medical practitioner and a report of his current mental condition and social adjustment prepared by a licensed and qualified social worker or psychologist. The evaluation report required by this section shall not be made part of the public record of the guardianship or conservatorship proceedings and shall be open to inspection only by court personnel, the person who is the subject of the proceeding, his parents, guardian or conservator, the attorneys for such parties, and such other persons as may be designated by the court. If an affidavit or certificate has been filed as provided in Section 416.7 evidencing the inability of the alleged developmentally disabled person to be present at the hearing, the psychologist or social worker who assists in preparing the report shall visit the alleged developmentally disabled person and be prepared to testify as to his present condition. (Amended by Stats. 1979, Ch. 730.)
  73. 416.9.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    A court may appoint the Director of Developmental Services as guardian or conservator for a minor or adult developmentally disabled person.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.9. The court may appoint the Director of Developmental Services as guardian or conservator of the person and estate or person or estate of a minor or adult developmentally disabled person. The preferences established in Section 1812 of the Probate Code for appointment of a conservator shall not apply. An appointment of the Director of Developmental Services as conservator shall not of itself constitute a judicial finding that the developmentally disabled person is legally incompetent. The petition for the appointment of the Director of Developmental Services as conservator of an adult developmentally disabled person may include a request that the court adjudge the developmentally disabled person to be legally incompetent or such an adjudication may be made subsequently upon a petition made, noticed, and heard by the court in the same manner as a petition for the appointment of the director as conservator. If the Director of Developmental Services is serving as the guardian of an adult developmentally disabled person on December 31, 1980, after that date such appointment shall be deemed to be the appointment of a conservator and the conservatee shall be deemed to have been adjudged to be legally incompetent. (Amended by Stats. 1979, Ch. 730.)
  74. 416.95.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. )

    Verify source ↗

    Before appointing the Director of Developmental Services as guardian or conservator, the court must explain the proceeding and consult the person. Adult developmentally disabled persons must also be told they have a right to counsel, and if they have no lawyer the court must appoint one immediately.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1. STATE DEPARTMENT OF HEALTH SERVICES [137 - 429.997] ( Heading of Part 1 amended by Stats. 1980, Ch. 676. ) ## CHAPTER 2. Powers and Duties [416 - 429.997] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons [416 - 416.23] ( Heading of Article 7.5 amended by Stats. 1973, Ch. 546. ) ## 416.95. Prior to the appointment of the Director of Developmental Services as guardian or conservator of the person or estate of a minor or adult developmentally disabled person, the court shall inform the person of the nature and purpose of the guardianship or conservatorship proceedings and the effect of the proceedings on the basic rights of the person. After communicating the information to the alleged developmentally disabled person and prior to the appointment of the Director of Developmental Services as guardian or conservator, the court shall consult with the person to determine the person’s opinion concerning the appointment. Any adult developmentally disabled person for whom guardianship or conservatorship is sought pursuant to this article shall be informed by a member or designee of the regional center and by the court of the person’s right to counsel; and if the person does not have an attorney for the proceedings the court shall immediately appoint the public defender or other attorney to represent the person. The person shall pay the cost for such legal service if able. If an affidavit or certificate has been filed, as provided in Section 416.7, evidencing the inability of the alleged developmentally disabled person to be present at the hearing, the psychologist or social worker assisting in preparing the report and who is required to visit each person as provided in Section 416.8 shall communicate such information to the person during the visit, consult the person to determine the person’s opinion concerning the appointment, and be prepared to testify as to the person’s opinion, if any. (Amended by Stats. 1979, Ch. 730.)
  75. 41600.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. )

    Verify source ↗

    Districts must provide and periodically update growth allowances for certain cogeneration and resource recovery projects, and they may be restricted from doing so until attainment demonstrations 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. ) ## 41600. (a) The districts shall provide for, and shall periodically revise as appropriate, the growth allowances necessary to accommodate the net air quality impact, if any, of cogeneration technology projects and resource recovery projects permitted pursuant to Section 42314, so that state and federal ambient air quality standards may be achieved and maintained or that reasonable further progress be made toward attainment. (b) If appropriate, the districts shall submit to the state board, for inclusion in the next state implementation plan revisions, the necessary control measures for the growth allowances for federally approved nonattainment pollutants and precursors required by subdivision (a). (c) Any district that lacks a federally approved demonstration of attainment with the national ambient air quality standard for ozone or nitrogen dioxide is not required to provide a growth allowance for any pollutant under this section until two years after the district makes both demonstrations. Federal approval shall be determined, based on regulations adopted by the Environmental Protection Agency, after public notice and opportunity for comment. After a district demonstrates attainment, the district may establish a growth allowance by allocating an air quality increment within the ambient air quality standard or through adoption of further control measures. (Amended by Stats. 2000, Ch. 890, Sec. 34. Effective January 1, 2001.)
  76. 41605.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. )

    Verify source ↗

    Districts must create and maintain a yearly procedure for calculating utility displacement credits, and they must use those credits in permit review and emissions-offset decisions for qualifying cogeneration projects and facilities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. ) ## 41605. (a) The districts, in cooperation with the state board, shall develop, adopt, and update, as necessary, a procedure to determine the magnitude of the emissions from the existing electric generating system in the air basin which would be displaced if cogeneration technology projects and qualifying facilities were constructed. The procedure shall be used once each year to determine the utility displacement credits which shall be used in reviewing the permit applications for new cogeneration technology projects and qualifying facilities during the following year, and shall ensure that the credits are real, permanent, quantifiable, enforceable, and surplus. (b) A district may reduce the emission offset requirement for a cogeneration technology project or qualifying facility by the utility displacement credits determined pursuant to subdivision (a). In all cases in which a cogeneration technology project or qualifying facility satisfies subdivision (c), a district shall reduce the offset requirement for the project or facility by the utility displacement credits determined pursuant to subdivision (a). A district shall allocate at least 90 percent of the pounds of emissions available in the form of utility displacement credits to projects and facilities which satisfy the requirements of subdivision (c). (c) Utility displacement credits shall be granted to cogeneration technology projects and qualifying facilities for those pollutants for which net project or facility emissions, after offsets provided pursuant to paragraphs (3) and (4) of subdivision (a) of Section 42314, are lower, on a pounds of pollutant per unit of energy produced basis, than the emissions which would be generated by the fossil-fuel fired existing electric generating system in the air basin in the absence of the project or facility. (d) Utility displacement credits shall be credited to a project or facility only to the extent necessary to satisfy district offset requirements, and only after credit has been granted for offsets provided pursuant to paragraphs (3) and (4) of subdivision (a) of Section 42314. (e) The cogeneration technology project or qualifying facility proponent, and the owner or operator of the purchasing utility, shall provide to the state board or the district, as the case may be, the information not publicly available from state or local agencies which is necessary to make the determinations required by this section. The information shall include, but is not limited to, all of the following: (1) Emission source test data. (2) Chronological fuel use data. (3) Chronological electric load data. (f) In providing the utility displacement credits required by this section, and for purposes of this section only, the utility, if not an applicant, shall not be required to furnish emission offsets on a case-by-case basis for the project. This section does not permit a district on a case-by-case basis to limit the ability of the utility to operate its existing hydrocarbon combustion facilities in accordance with the requirements of the Public Utilities Commission or the governing body of a public utility owned by a municipality or other political subdivision of the state. (Amended by Stats. 1985, Ch. 978, Sec. 3.)
  77. 41605.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. )

    Verify source ↗

    This section requires districts to count certain biomass-related emissions benefits when evaluating offset requirements, sets offset ratios based on distance, and requires applicants to provide needed nonpublic information.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. ) ## 41605.5. (a) In considering the offset requirement for a project facility which utilizes agricultural waste products, forest waste products, or similar organic wastes as biomass fuel in a steam generator (boiler), to produce electrical energy, or to be used as a digester feedstock in a cogeneration facility, the district shall include the incremental emissions benefit that occurs because those wastes are not disposed of by open field burning or by forest land burning if the biomass fuel would ordinarily or otherwise be burned in that manner in the same air basin. The emissions credit shall be offset at a ratio of 1.2 to 1 for nonattainment pollutants if within 15 miles, and at a ratio of 2 to 1 if further than 15 miles within the same air basin. (b) The districts and the state board, in cooperation, shall develop and, on or before July 1, 1988, and at least once every two years thereafter, reevaluate a procedure to determine the availability and magnitude of the offsets resulting from the incremental emissions benefits, including an accounting of the quantity of biomass material credits calculated for purposes of Section 42314.5 as necessary to ensure that state and federal ambient air quality standards may be achieved and maintained, or that reasonable further progress be made toward attainment. (c) The applicant shall provide the state board or a district, as the case may be, the information not publicly available from state or local agencies which is necessary to make the determinations required by this section. The information shall include, but is not limited to, the following: (1) The quality of fuel or waste to be burned or used in the facility. (2) The type of fuel or waste to be burned or used in the facility. (3) The source of the fuel or waste to be burned or used in the facility. (Amended by Stats. 1987, Ch. 565, Sec. 1.)
  78. 41606.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. )

    Verify source ↗

    This section creates biomass-to-energy incentives for eligible California facilities and sets limits on overlapping emission reduction credits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects [41600 - 41606] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1568, Sec. 20. ) ## 41606. (a) (1) It is the intent of the Legislature to reduce air pollution from open field burning in the state and to improve air quality and protect the public health through new incentives for biomass facilities to increase their use of agricultural waste that would otherwise be burned in open fields in the state. (2) It is the further intent of the Legislature that the initial incentives paid pursuant to this section provide an effective incentive for the use of qualified agricultural biomass purchased from July 1, 2003, through December 31, 2003, inclusive, in order to maximize air quality benefits during the 2003–04 fiscal year. (b) For purposes of this section: (1) “Qualified agricultural biomass” means agricultural residues that are purchased after July 1, 2003, that historically have been open-field burned in the jurisdiction of the air district from which the agricultural residues are derived, as determined by the air district, excluding urban and forest wood products, that include either of the following: (A) Field and seed crop residues, including, but not limited to, straws from rice and wheat. (B) Fruit and nut crop residues, including, but not limited to, orchard and vineyard pruning and removals. (2) “Facility” means any facility located in California that meets all of the following criteria: (A) As of July 1, 2003, converted and continues to convert qualified agricultural biomass to energy. (B) Is permitted with best available control technology to reduce emissions, has emissions control equipment in good working order, and is in compliance with its operating permit, as determined by the air pollution control district or air quality management district in which the facility operates. (C) Demonstrates a significant net increase in utilization of qualified agricultural biomass as compared to usage without grant moneys pursuant to this section. A “significant net increase” means an increase of at least 10 percent in purchases of qualified agricultural biomass above the average annual tonnage purchased by the facility in the previous five years of operation prior to the implementation of the Agricultural Biomass-to-Energy Incentive Grant Program pursuant to former Part 3 (commencing with Section 1101) of Division 1 of the Food and Agricultural Code, as repealed by the act adding this section. (c) (1) The State Energy Resources Conservation and Development Commission shall, upon determining that a facility is eligible for funding, provide incentives to the facility, consistent with this section. (2) The State Energy Resources Conservation and Development Commission shall complete the issuance of incentive payments for qualified agricultural biomass purchased from July 1, 2003, through December 31, 2003, inclusive, within 90 days of the effective date of this section. (3) In providing incentives pursuant to this section, the State Energy Resources Conservation and Development Commission shall provide incentive payments in the amount of ten dollars ($10) for each ton of qualified agricultural biomass received by a facility and converted into energy. The State Energy Resources Conservation and Development Commission may increase the incentive payment for types or sources of qualified agricultural biomass that require greater incentives to achieve meaningful increases in usage by facilities, as determined by the State Energy Resources Conservation and Development Commission. (4) Notwithstanding any other provision of law, the receipt of incentives pursuant to this section does not make a facility ineligible for any other production subsidy, rebate, buydown, or other incentive funded through electricity surcharges, except that receipt of incentives funded through electricity surcharges shall preclude receipt of biomass-to-energy incentives financed by the General Fund. (5) The State Energy Resources Conservation and Development Commission, in consultation with the California Environmental Protection Agency, may adopt guidelines governing the incentives authorized under this section at a publicly noticed meeting offering all interested parties an opportunity to comment. Substantive changes to the guidelines may not be adopted without at least 10 days’ written notice to the public. The public notice of meetings required by this paragraph may not be less than 30 days. Notwithstanding any other provision of law, any guidelines adopted pursuant to this section shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. Adoption of guidelines shall not delay the timing of the payment of incentives that are required by paragraph (2). (6) Awards made pursuant to this section are grants, subject to appeal to the State Energy Resources Conservation and Development Commission upon a showing that factors other than those contained in this section, and any guidelines adopted pursuant to this section, were a substantial factor in making the award. Any actions taken by an applicant to apply for, become, or remain eligible for an award, shall not be the rendering of goods, services, or a direct benefit to the State Energy Resources Conservation and Development Commission. (d) Facilities receiving incentive payments pursuant to this section are not eligible to receive emission reduction credits for any qualified agricultural biomass for which a facility has received an incentive payment. Generators or suppliers of qualified agricultural biomass may not receive emission reduction credits for any qualified agricultural biomass for which a facility has received an incentive payment. For purposes of this section, “emission reduction credits” means a credit for a reduction in the emission of an air contaminant that is banked and is available to offset increases in emissions pursuant to Section 40709, and the regulations adopted pursuant to that section. (Added by Stats. 2003, Ch. 480, Sec. 2. Effective January 1, 2004.)
  79. 41650.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2.5. Nonattainment Area Plans [41650 - 41652] ( Chapter 2.5 added by Stats. 1979, Ch. 810. )

    Verify source ↗

    The state board must adopt an approved nonattainment area plan unless, after a public hearing, it finds the plan would not meet Clean Air Act requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2.5. Nonattainment Area Plans [41650 - 41652] ( Chapter 2.5 added by Stats. 1979, Ch. 810. ) ## 41650. (a) The state board shall adopt the nonattainment area plan approved by a designated air quality planning agency as part of the state implementation plan, unless the state board finds, after a public hearing, that the nonattainment area plan will not meet the requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (b) The primary responsibility for determining whether a control measure is reasonably available shall be vested in the public agency which has the primary responsibility for implementation of that control measure. The determination of reasonably available control measure by the public agency responsible for implementation shall be conclusive, unless the state board finds after public hearing that such determination will not meet the requirements of the Clean Air Act. (Added by Stats. 1979, Ch. 810.)
  80. 41651.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2.5. Nonattainment Area Plans [41650 - 41652] ( Chapter 2.5 added by Stats. 1979, Ch. 810. )

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    At the Section 41650 public hearing, the affected districts, the planning agency, and the public may present oral and written evidence, and the districts and agency may question state board staff representatives, subject to reasonable limits the state board may set by a four-member affirmative vote.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2.5. Nonattainment Area Plans [41650 - 41652] ( Chapter 2.5 added by Stats. 1979, Ch. 810. ) ## 41651. In addition to any other statutory requirements, at the public hearing held pursuant to Section 41650, the districts included, in whole or in part, within the nonattainment area, the designated air quality planning agency, and members of the public shall have the opportunity to present oral and written evidence. In addition, the districts and the agency shall have the right to question and solicit testimony of qualified representatives of the state board staff on the matter being considered. The state board may, by an affirmative vote of four members, place reasonable limits on the right to question and solicit testimony of qualified representatives of the state board staff. (Added by Stats. 1979, Ch. 810.)
  81. 41652.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2.5. Nonattainment Area Plans [41650 - 41652] ( Chapter 2.5 added by Stats. 1979, Ch. 810. )

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    After a public hearing, the state board may adopt revisions to a nonattainment area plan if it finds the plan does not comply with the Clean Air Act, unless Article 5.5 of the Government Code 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2.5. Nonattainment Area Plans [41650 - 41652] ( Chapter 2.5 added by Stats. 1979, Ch. 810. ) ## 41652. If, after the public hearing, the state board finds that the nonattainment area plan approved by the designated air quality planning agencies does not comply with the requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the state board may adopt such revisions as necessary to comply with such requirements, except as otherwise provided in Article 5.5 (commencing with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 1981, Ch. 564.)
  82. 41700.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    A person must not discharge air contaminants or other material from any source if they cause injury, nuisance, annoyance, or harm to people, the public, business, or property, except as provided in Section 41705.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41700. (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property. (b) This section shall become operative on January 1, 2014. (Repealed (in Sec. 1) and added by Stats. 2010, Ch. 411, Sec. 2. (SB 1224) Effective January 1, 2011. Section operative January 1, 2014, by its own provisions.)
  83. 41701.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Except where other provisions apply, no person may discharge visible air contaminants into the atmosphere for more than three minutes in any one hour.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41701. Except as otherwise provided in Section 41704, or Article 2 (commencing with Section 41800) of this chapter other than Section 41812, or Article 2 (commencing with Section 42350) of Chapter 4, no person shall discharge into the atmosphere from any source whatsoever any air contaminant, other than uncombined water vapor, for a period or periods aggregating more than three minutes in any one hour which is: (a) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or (b) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subdivision (a). (Amended by Stats. 1977, Ch. 644.)
  84. 41701.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Local air districts and the state board cannot require stricter visible-smoke controls for diesel pile-driving hammers than this section allows, and districts must issue permits when 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41701.5. (a) Neither the state board nor any district shall impose a discharge requirement on emissions of visible smoke from diesel pile-driving hammers which is more stringent than the requirements of this section, except as provided in subdivisions (b) and (c). (b) A district shall issue a permit to the operator of a diesel pile-driving hammer if the operator submits a completed application for a permit to the district and the district determines, on the basis of information provided in the application, that the proposed use will comply with one of the following requirements: (1) Meets the Ringelmann 1 limit, as published by the United States Bureau of Mines, and does not exceed that limit for more than four minutes during the driving of a single pile. (2) Meets the Ringelmann 2 limit, as published by the United States Bureau of Mines, does not exceed that limit for more than four minutes during the driving of a single pile, and uses kerosene fuel, smoke suppressing fuel additives, and synthetic lubricating oil. A district may establish other requirements for compliance with this paragraph if the requirements are technologically and economically feasible. A district may consider the type of soil in which the pile driving is to occur and the number of blows required to drive a pile in determining the technological and economic feasibility of other conditions to be imposed by the district. (c) A permit issued by a district shall be valid until the pile-driving work has been approved or accepted by the person or entity for which the work is being performed. Upon request of an operator or of a person or entity for which the pile-driving work is performed, a district may extend the time period for which the permit is valid if the operator continues to comply with this section. (Amended by Stats. 1996, Ch. 25, Sec. 1. Effective April 8, 1996.)
  85. 41701.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board and any district may not set a smoke-emission discharge requirement for certain diesel auxiliary engines or generators used only for drinking water systems that is stricter than the Ringelmann 2 limit.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41701.6. Neither the state board nor any district shall impose a discharge requirement on emissions of visible smoke from any diesel auxiliary engine or generator used exclusively to operate a drinking water system which is more stringent than the Ringelmann 2 limit, as published by the United States Bureau of Mines on January 1, 1995, when operated under emergency circumstances, or operated not more than 30 minutes each week, or two hours each month, under nonemergency circumstances. (Added by Stats. 1996, Ch. 25, Sec. 2. Effective April 8, 1996.)
  86. 41702.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    A person may not operate a covered article, machine, equipment, or other contrivance that is under a variance and out of compliance with the required schedule of increments of progress, unless a hearing board authorizes the operation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41702. No person shall operate any article, machine, equipment, or other contrivance which is the subject of a variance if that article, machine, equipment, or other contrivance, as may be the case, is not in compliance with a required schedule of increments of progress, unless such operation is authorized by a hearing board. (Added by Stats. 1975, Ch. 957.)
  87. 41703.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    If a district board sets future-dated emission standards, it must require affected operators to submit a schedule for reaching compliance, and a later schedule may require modification if the operator cannot meet it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41703. If a district board adopts a rule or regulation of emission standards to take effect as of a future date, the rule or regulation shall also require any person who owns or operates a source of air contaminants whose emissions exceed such standards to submit to the hearing board, for a public hearing, after notice pursuant to Section 40826, a schedule of increments of progress by which the source emissions will be brought into compliance by the time such standards take effect. If the rule or regulation itself includes a schedule of increments of progress, the person shall apply for a modification in accordance with Section 42357 in the event he cannot comply with the schedule in the rule or regulation, except that an application for a change in the final compliance date shall be subject to the requirements for a variance, as provided in Section 42352. (Amended by Stats. 1979, Ch. 239.)
  88. 41704.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Section 41701 does not apply to several listed kinds of fires, emissions, equipment use, and agricultural or military activities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41704. Section 41701 does not apply to any of the following: (a) Fires set pursuant to Section 41801. (b) Agricultural burning for which a permit has been granted pursuant to Article 3 (commencing with Section 41850). (c) Fires set or permitted by any public officer in the performance of his or her official duty for the improvement of watershed, range, or pasture. (d) Use of any aircraft to distribute seed, fertilizer, insecticides, or other agricultural aids over lands devoted to the growing of crops or raising of fowl or animals. (e) Open outdoor fires used only for cooking of food for human beings or for recreational purposes. (f) The use of orchard and citrus grove heaters which are in compliance with the requirements set forth in Section 41860. (g) Agricultural operations necessary for the growing of crops or raising of fowl or animals. (h) The use of other equipment in agricultural operations necessary for the growing of crops or raising of fowl or animals. (i) Fugitive dust emissions from rock crushing facilities within the Southeast Desert Air Basin, where the facilities were in existence prior to January 1, 1970, at a location where the population density is less than 10 persons per square mile in each square mile within a seven-mile radius of the facilities; provided, however, that under no circumstances shall the emissions cause a measurable degradation of the ambient air quality or create a nuisance. This subdivision does not apply to any rock crushing facilities which (1) process in excess of 100 tons of rock in any 24-hour period, averaged over any period of 30 consecutive days, (2) have 25 or more employees, (3) fail to operate and maintain in good working order any emission control equipment installed prior to January 1, 1978, or (4) undergo a change of ownership after January 1, 1977. (j) Emissions from vessels using steam boilers during emergency boiler shutdowns for safety reasons, safety and operational tests required by governmental agencies, and where maneuvering is required to avoid hazards. (k) Emissions from vessels during a breakdown condition, as long as the discharge is reported in accordance with district requirements. ( l) The use of visible emission generating equipment in training sessions conducted by governmental agencies necessary for certifying persons to evaluate visible emissions for compliance with Section 41701 or applicable district rules and regulations. Any local or regional authority rule or regulation relating to visible emissions are not applicable to the equipment. (m) Smoke emissions from teepee burners operating in compliance with Section 4438 of the Public Resources Code during the disposal of forestry and agricultural residues or forestry and agricultural residues with supplementary fossil fuels when the emissions result from the startup or shutdown of the combustion process or from the malfunction of emission control equipment. This subdivision does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24-hour period. This subdivision does not apply to emissions which result from the failure to operate and maintain in good working order any emission control equipment. (n) Smoke emissions from burners used to produce energy and fired by forestry and agricultural residues with supplementary fossil fuels when the emissions result from startup or shutdown of the combustion process or from the malfunction of emission control equipment. This subdivision does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24-hour period, or which result from the failure to operate and maintain in good working order any emission control equipment. (o) Emissions from methanol fuel manufacturing plants which manufacture not more than 2,000,000 gallons of methanol fuel per day from wood, agricultural waste, natural gas, or coke (exclusive of petroleum coke). As used in this subdivision, “manufacturing plant” includes all necessary support systems, including field operations equipment that provide feed stock. However, this subdivision shall apply to not more than one methanol fuel manufacturing plant in each air basin and each plant shall be located in an area designated as an “attainment area” pursuant to the Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and shall meet all applicable standards required by the district board. This subdivision shall remain in effect with respect to a plant until five years after construction of the plant and shall have no force and effect with respect to the plant on and after that date. (p) The use of an obscurant for the purpose of training military personnel and the testing of military equipment by the United States Department of Defense on any military reservation. (Amended by Stats. 1996, Ch. 299, Sec. 2. Effective January 1, 1997.)
  89. 41706.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Districts must set emission standards for lead compounds from nonvehicular sources, and the state board must do so for a district that fails to act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41706. (a) The Legislature hereby finds and declares that recent evidence indicates that lead compounds emitted into the air by nonvehicular sources accumulate in and upon vegetation in the vicinity of such sources, pose a grave threat to the health of animals which consume such vegetation, and constitute a potential human health hazard. (b) Every district shall establish emission standards for lead compounds emitted into the air from nonvehicular sources. Where a district has failed to establish such standards, the state board shall establish such standards for that district. (Added by Stats. 1975, Ch. 957.)
  90. 41707.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board may issue permits for experimental burning after consulting the local district, if the burning is meant to develop better techniques that 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41707. Notwithstanding the provisions of this chapter restricting burning, the state board, after consultation with the district in which the burning is to take place, may issue permits for experimental burning designed to develop new or improved techniques of burning to reduce emissions, except that no experimental burning may create a nuisance. (Added by Stats. 1975, Ch. 957.)
  91. 41708.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    A district may adopt rules to control volatile organic compound emissions from cutback asphalt paving material. The state board may not override or amend district action on the use of cutback asphalts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41708. Any district may adopt a rule or regulation for the control of volatile organic compound emissions from cutback asphalt paving material based on local considerations, including, but not limited to, the degree of air pollution resulting from such paving material, the economic impact of the rule and regulation, and the feasibility of implementing the rule and regulation. The state board shall not override or otherwise amend any action taken by a district relating to the use of cutback asphalts. (Added by Stats. 1979, Ch. 967.)
  92. 41712.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt VOC-reduction regulations for consumer products and aerosol paints when specified conditions are met, and districts are restricted from adopting conflicting aerosol-paint or disinfectant rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Limitations [41700 - 41712] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 41712. (a) For purposes of this section, the following terms have the following meaning: (1) “Consumer product” means a chemically formulated product used by household and institutional consumers, including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. (2) “Health benefit product” means an antimicrobial product registered with the Environmental Protection Agency. (3) “Maximum feasible reduction in volatile organic compounds emitted” means at least a 60-percent reduction in the emissions of volatile organic compounds resulting from the use of aerosol paints, calculated with respect to the 1989 baseline year, including acetone in that baseline year. (4) “Medical expert” means a physician, including a pediatrician, a microbiologist, or a scientist involved in research related to infectious disease and infection control. (b) The state board shall adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, if the state board determines that adequate data exists to establish both of the following: (1) The regulations are necessary to attain state and federal ambient air quality standards. (2) The regulations are commercially and technologically feasible and necessary. (c) A regulation shall not be adopted which requires the elimination of a product form. (d) The state board shall not adopt regulations pursuant to subdivision (b) unless the regulations are technologically and commercially feasible, and necessary to carry out this division. The state board shall consider the effect that the regulations proposed for health benefit products will have on the efficacy of those products in killing or inactivating agents of infectious diseases such as viruses, bacteria, and fungi, and the impact the regulations will have on the availability of health benefit products to California consumers. (e) Prior to adopting regulations pursuant to this section governing health benefit products, the state board shall consider any recommendations received from federal, state, or local public health agencies and medical experts in the field of public health. (f) A district shall adopt no regulation pertaining to disinfectants, nor any regulation pertaining to a consumer product that is different than any regulation adopted by the state board for that purpose. (g) A consumer product manufactured prior to each effective date specified in regulations adopted by the state board pursuant to this section that applies to that consumer product may be sold, supplied, or offered for sale for a period of three years from the specified effective date if the date of manufacture or a representative date code is clearly displayed on the product at the point of sale. An explanation of the date code shall be filed with the state board. (h) (1) It is the intent of the Legislature that, prior to January 1, 2000, air pollution control standards affecting the formulation of aerosol adhesives and limiting emissions of reactive organic compounds resulting from the use of aerosol adhesives be set solely by the state board to ensure uniform standards applicable on a statewide basis. (2) The Legislature recognizes that the current state board volatile organic compound (VOC) limit for aerosol adhesives is 75 percent by weight. Effective January 1, 1997, the state board’s 75-percent standard shall apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses, and any district regulations limiting the VOC content of, or emissions from, aerosol adhesives, are null and void. After that date, a district may adopt and enforce the state board’s 75-percent standard for aerosol adhesives, or a subsequently adopted state board standard, in the same manner as a district regulation limiting the issuance of air contaminants. (3) Notwithstanding any other provision of this section, on and after January 1, 2000, a district may adopt and enforce a regulation setting an emission standard or standards for VOC emissions for the use of aerosol adhesives that is more stringent than the standards adopted by the state board. (i) (1) It is the intent of the Legislature that air pollution control standards affecting the formulation of aerosol paints and limiting the emissions of volatile organic compounds resulting from the use of aerosol paints be set solely by the state board to ensure uniform standards applicable on a statewide basis. A district shall not adopt or enforce any regulation regarding the volatile organic compound content of, or emissions from, aerosol paints until the state board has adopted a regulation regarding those paints, and any district regulation shall not be different than the state board regulation. A district may observe and enforce a state board regulation regarding aerosol paints in the same manner as a district regulation limiting the issuance of air contaminants. This subdivision shall not apply to any district that has adopted a rule or regulation regarding aerosol paints pursuant to an order of a federal court, until the federal court has authorized the district to observe and enforce the state board regulation in lieu of the district regulation. (2) The state board shall adopt regulations requiring the maximum feasible reduction in volatile organic compounds emitted from the use of aerosol paints. The regulations shall establish final limits and require full compliance, and shall establish interim limits prior to that date resulting in reductions in reactive organic compounds. (3) The state board shall conduct a public hearing on the technological or commercial feasibility of achieving full compliance with the final limits. If the state board determines that a 60-percent reduction in emissions of reactive organic compounds from the use of aerosol paints is not technologically or commercially feasible, the state board may grant an extension of time not to exceed five years. During any extension of time, the most stringent interim limits shall be applicable. Any regulation adopted by the state board shall include a provision authorizing the time extension and requiring a public hearing on technological or commercial feasibility consistent with this subdivision. The state board shall seek to ensure that the final limits for aerosol paints established pursuant to this subdivision do not become federally enforceable prior to the effective date established by the state board for these limits, including any extension granted under this subdivision. (4) Reductions required for aerosol paints under this subdivision are not intended to apply to any other consumer product. (j) The state board shall not adopt a regulation pertaining to disinfectants any sooner than December 1, 2003. (k) The state board shall comply with its volatile organic compound emission reduction obligations under the 1994 State Implementation Plan, or any amendments thereto, and shall ensure that there is no loss of emission reductions as a result of its compliance with subdivision (j). (Amended by Stats. 2004, Ch. 644, Sec. 17. Effective January 1, 2005.)
  93. 41750.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. )

    Verify source ↗

    The Legislature says California needs a uniform, voluntary statewide system for registering and regulating portable equipment.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. ) ## 41750. The Legislature hereby finds and declares all of the following: (a) Existing law authorizes each district to impose separate and sometimes inconsistent emission control requirements for, and to require separate permits to operate, portable equipment that are used at various sites throughout the state. (b) That multiplicity of permits and regulatory requirements imposes a complex and costly burden on California businesses that use, hire, provide, and manufacture that equipment. (c) A uniform, voluntary system of statewide registration and regulation of portable equipment, consistent with current state and federal air quality law, is necessary to ensure consistent and reasonable regulation of that equipment without undue burden on their owners, operators, and manufacturers. (d) Portable equipment has attributes of both mobile sources and stationary sources of air pollution. A separate registration and emission control program is needed to reflect the unique operating characteristics of that equipment while providing authority for a statewide program of emission reduction measures to be applied to existing in-state, out-of-state, and newly manufactured portable equipment. (Amended by Stats. 1996, Ch. 429, Sec. 2. Effective January 1, 1997.)
  94. 41751.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. )

    Verify source ↗

    This section defines “portable equipment” and “portable internal combustion engine,” and sets exceptions for engines at fixed locations for more than 12 months or used to propel nonroad equipment or a motor vehicle.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. ) ## 41751. (a) (1) As used in this article, “portable equipment” includes any portable internal combustion engine and equipment that is associated with, and driven by, any portable internal combustion engine. (2) (A) As used in this article, and except as provided in subdivision (b), a “portable internal combustion engine” is any internal combustion engine that, by itself, or contained within or attached to a piece of equipment, is portable or transportable. (B) As used in this paragraph, “portable or transportable” means designed to be, and capable of being, carried or moved from one location to another. Indicia of portability or transportability include, but are not limited to, wheels, skids, carrying handles, or a dolly, trailer, or platform. (b) Any engine otherwise included in this section is not a portable internal combustion engine if either of the following applies: (1) The engine remains, or will remain, at a fixed location for more than 12 consecutive months. For purposes of this paragraph, a “fixed location” is any single site at a building, structure, facility, or installation. (2) The engine is used to propel nonroad equipment or a motor vehicle of any kind, including, but not limited to, a heavy-duty vehicle. (c) Portable equipment includes, but is not limited to, any of the following: (1) Confined and unconfined abrasive blasting equipment. (2) Portland concrete batch plants. (3) Sand and gravel screening, rock crushing, unheated pavement crushing, and recycling operations equipment. (4) Consistent with federal law, portable internal combustion engines used in conjunction with, but not limited to, the following types of operations or equipment: (A) Well drilling, including service equipment and work over rigs. (B) Power generation, excluding cogeneration. (C) Pumps. (D) Compressors. (E) Pile drivers. (F) Welding. (G) Cranes. (H) Wood chippers. (5) Equipment necessary for the operation of portable equipment. (Amended by Stats. 1997, Ch. 17, Sec. 81. Effective January 1, 1998.)
  95. 41752.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. )

    Verify source ↗

    The state board must evaluate portable equipment emissions and adopt regulations for emission limits, control requirements, and an optional registration program, with related fee rules and deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. ) ## 41752. (a) At the earliest feasible date, but not later than July 1, 1997, the state board shall do all of the following: (1) Evaluate the emissions from the operation of portable equipment and identify emission reduction technologies that may be applied to portable equipment. (2) After holding at least one public hearing, establish, by regulation, emission limits and emission control requirements, consistent with Section 41754, and an optional registration program for portable equipment that is, or may be, used in more than a single district. (b) The registration program shall take effect on the date specified by the state board in the regulation, but not later than 180 days from the date that the state board adopts the regulation. (c) The program shall provide for the voluntary registration of portable equipment, and may provide for the renewal of a registration not more than once every three years. (d) (1) The state board may establish a schedule of fees for purposes of this article to be assessed on persons seeking to register, or to renew the registration of, portable equipment. The state board may establish separate fees for the initial registration and for the renewal of a registration. The fees charged, in the aggregate, shall not exceed the reasonable cost to the state board of administering the registration program, and adopting the regulations specified in Section 41754. (2) The state board shall, in adopting the regulations specified in Section 41754, include a uniform statewide district fee schedule for the recovery of the reasonable costs of enforcement pursuant to Section 41755. (e) Notwithstanding Section 41754, the state board may periodically revise and update the regulations adopted pursuant to this section, including, but not limited to, revising and updating a determination of best available control technology (BACT) for portable internal combustion engines. (Amended by Stats. 1996, Ch. 429, Sec. 4. Effective January 1, 1997.)
  96. 41753.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. )

    Verify source ↗

    Portable equipment registered under the statewide program is generally exempt from district permitting, fees, and emission-control requirements; unregistered equipment remains subject to district permitting rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. ) ## 41753. (a) (1) It is the intent of the Legislature that the registration of, and the regulation of emissions from, portable equipment that is operated in more than one district and that is subject to the registration program be done on a uniform, statewide basis by the state board and that the permitting, registration, and regulation of portable equipment by the districts be preempted. (2) Notwithstanding paragraph (1), if the owner or operator of portable equipment elects not to register under the statewide registration program, the unregistered portable equipment shall be subject to district permitting requirements pursuant to district regulations. (b) On and after the effective date of the statewide registration program established by the state board pursuant to subdivision (a) of Section 41752 and upon the registration of portable equipment by the portable equipment owner or operator, a district shall not, with respect to the affected portable equipment, do any of the following: (1) Require a permit for the construction or operation of the portable equipment. (2) Assess any fee related to the construction or operation of the portable equipment, other than that specified in paragraph (2) of subdivision (d) of Section 41752. (3) Adopt any emission limit or emission control requirement applicable to the portable equipment. (4) Except as provided in Section 41755, enforce any emission limit or emission control requirement applicable to the portable equipment. (c) The state board, in consultation with affected districts, shall amend the state implementation plan as necessary to include the statewide registration program and conform the state implementation plan to its requirements. (Amended by Stats. 1996, Ch. 429, Sec. 5. Effective January 1, 1997.)
  97. 41754.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. )

    Verify source ↗

    The state board must adopt portable-equipment registration regulations that protect air quality, set or preserve emission controls, and keep recordkeeping and testing requirements to the minimum necessary.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. ) ## 41754. (a) The regulations adopted by the state board, on or before July 1, 1997, shall include, but need not be limited to, provisions that ensure all of the following: (1) That emissions from portable equipment subject to the statewide registration program will not, in the aggregate, interfere with the attainment or maintenance of state or federal ambient air quality standards and the emissions from any one portable equipment engine, exclusive of background concentration, shall not cause an exceedance of any ambient air quality standard. This paragraph shall not be construed as requiring portable equipment operators to provide emission offsets for portable equipment registered under the program. (2) (A) That, to the extent not in conflict with federal law, the registration program preserves the most stringent requirements adopted by a district which require the use of best available control technology (BACT) for each class or category of portable equipment determined appropriate by the state board, and which requirements were in effect on January 1, 1995. In determining the appropriate emission limits or emission control technology requirements for classes and categories of portable equipment, the state board may set different requirements for portable equipment that is defined by the state board as California resident portable equipment. (B) Notwithstanding subparagraph (A) and, to the extent not in conflict with federal law, the state board may consider technical and economic feasibility in establishing emission limits or control equipment requirements for any category or class of existing California resident portable equipment, if all portable equipment in that category or class is required to be modified or replaced to meet BACT or the more stringent of a state or federal emission standard, at a date determined by the state board. (3) That any registered portable equipment, including any turbine, used by the Department of Defense or the National Guard exclusively for military technical support or other federal emergency purposes, as specified in the regulations adopted by the state board, is not subject to any statewide or district emission control or emission limit. (b) No emission limit or emission control requirement shall be established for any portable equipment defined by the state board as California resident portable equipment unless the state board determines that the emission limit or emission control requirement is technologically and economically feasible and is necessary to carry out the express terms of this division, including, but not limited to, Section 43013, or to attain or maintain state or federal ambient air quality standards. (c) Prior to adopting any emission limit or emission control requirement, the state board shall consider the magnitude of the resultant air quality benefits and the potential effects of the regulation on the costs to businesses that use the portable equipment. (d) The emission limits established for any portable equipment or class of portable equipment shall reflect the effectiveness of all control equipment installed and operated on the portable equipment or particular class of portable equipment. (e) No emission limits other than those established by the state board for any portable equipment or class of portable equipment shall be used by a district for purposes of calculating and reporting emissions from portable equipment subject to this article. (f) Any recordkeeping and reporting requirements prescribed by the state board for the purpose of tracking portable equipment utilization and movement shall be the minimum that is necessary to provide sufficient emission inventory data and allow adequate enforcement of the registration program. (g) Source testing of portable equipment emissions for registration purposes shall not be required if there is no emission standard applicable to portable equipment, or if acceptable emissions data is available. For purposes of this subdivision, “acceptable emissions data” means emissions data representative of current portable equipment operations that is either reliable emissions data from the portable equipment manufacturer or a source test performed within three years prior to the date that the emissions data is requested. (Amended by Stats. 1996, Ch. 429, Sec. 6. Effective January 1, 1997.)
  98. 41755.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. )

    Verify source ↗

    Districts must enforce the statewide registration program and related emission rules. Source testing for compliance cannot be required more often than once every three years, with limited exceptions, and districts may test when there is an indication of noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Portable Equipment [41750 - 41755] ( Heading of Article 1.5 amended by Stats. 1996, Ch. 429, Sec. 1. ) ## 41755. (a) Districts shall enforce the statewide registration program, emission limitations, and emission control requirements established by the state board pursuant to this article in the same manner as a district rule or regulation. (b) (1) Source testing of engines for compliance purposes shall not be required more frequently than once every three years, except where evidence of engine tampering, lack of proper engine maintenance, or other problems or operating conditions that could affect emissions from the engine are identified. (2) A district may conduct source testing to determine compliance with mass emission limits where there is an indication of noncompliance. (3) Except as required for purposes of paragraph (2), source testing of engine emissions for compliance purposes shall not be required of engines for which there is no applicable emission limit. (Amended by Stats. 1996, Ch. 429, Sec. 7. Effective January 1, 1997.)
  99. 41800.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Except as otherwise provided in this chapter, no person may use open outdoor fires to dispose of or burn the listed wastes or to salvage metal or burn motor vehicle bodies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41800. Except as otherwise provided in this chapter, no person shall use open outdoor fires for the purpose of disposal or burning of petroleum wastes, demolition debris, tires, tar, trees, wood waste, or other combustible or flammable solid or liquid waste; or for metal salvage or burning of motor vehicle bodies. (Added by Stats. 1975, Ch. 957.)
  100. 41801.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section says the article does not limit a public officer’s authority, under other law, to set or permit a fire for specified safety, training, backfire, pest/disease, or oil spill purposes.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41801. Nothing in this article shall be construed as limiting the authority granted under other provisions of law to any public officer to set or permit a fire when such fire is, in his or her opinion, necessary for any of the following purposes: (a) The prevention of a fire hazard which cannot be abated by any other means. (b) The instruction of public employees in the methods of fighting fire. (c) The instruction of employees in methods of fighting fire, when such fire is set, pursuant to permit, on property used for industrial purposes. (d) The setting of backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code. (e) The abatement of fire hazards pursuant to Section 13055. (f) Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning. (g) The remediation of an oil spill pursuant to Section 8670.7 of the Government Code. (Amended by Stats. 1995, Ch. 265, Sec. 5. Effective January 1, 1996.)
  101. 41802.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may authorize open outdoor burning of certain wood waste or brush cuttings, subject to Section 41804 conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41802. Notwithstanding Section 41800, with respect to wood waste from trees, vines, or bushes on property being developed for commercial or residential purposes, or with respect to the disposal of brush cuttings on the property where the brush was grown when the cuttings resulted from brush clearance done in compliance with local ordinances to reduce fire hazard, a district board may, upon its own motion or the request of any person, authorize the disposal, by open outdoor fires, of such waste, on the property where it was grown, under the conditions specified in Section 41804. (Added by Stats. 1975, Ch. 957.)
  102. 41803.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may set the date after which no authorization under Section 41802 or 41804.5 can be granted, once it finds an alternative disposal method is technologically and economically feasible.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41803. No authorization, however, under Section 41802 or 41804.5 shall be granted after such date as the state board may determine, based upon a finding that an alternative method of disposal has been developed which is technologically and economically feasible. (Amended by Stats. 1979, Ch. 196.)
  103. 41804.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Burning under Section 41802 may be authorized only if specified findings, criteria, and approvals are in place, and any permit must be issued by the district air pollution control officer.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41804. Burning may be authorized under Section 41802 only if: (a) The district board finds that it is more desirable to dispose of such waste by burning than to dispose of it by other available means, such as, but not limited to, by removing it to sanitary fills. (b) The district has developed criteria for such disposal, which shall include provisions to improve the combustibility of such waste to reduce its smoke level. (c) The state board has approved the criteria developed pursuant to subdivision (b). (d) Such authorization, if granted, shall be in the form of a permit issued by the district air pollution control officer, and such permit shall allow burning only on days during which agricultural burning is not prohibited by the state board pursuant to Section 41855. (e) The district board may adopt rules and regulations to authorize any burning authorized under Section 41802, to review each proposed burn prior to authorizing its air pollution control officer to issue a permit for the burn, or to delegate to its air pollution control officer the authority to approve or disapprove each proposed burn after consideration of the amount of waste to be burned, the season of the year, the ambient air quality, the proximity of the waste to developed areas, or such other or additional criteria as the district board may establish. (Added by Stats. 1975, Ch. 957.)
  104. 41804.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may authorize certain city or county open burning of nonindustrial wood waste, but permits are limited and require landowner approval.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41804.5. (a) Notwithstanding Section 41800, a district board may authorize, subject to the limitations in Section 41803 and this section, the use of open outdoor fires by a city or county to dispose of nonindustrial wood waste from trees, vines, and brush at disposal sites located above 1,500 feet elevation mean sea level anywhere in the state, or at any elevation in the area designated as the North Coast Air Basin by the state board pursuant to Section 39606. (b) Authorization for such burning, if granted, shall be in the form of permits issued by the district and by the fire protection agency having jurisdiction over the area in which the disposal site is located. The permits shall allow burning only on days during which agricultural burning is not prohibited by the state board pursuant to Section 41855. (c) No permit shall be issued until there is filed with the district a written statement by the owner of the land on which the disposal site is located, or his agent, or if some other person is lawfully in possession of such land, by such other person, approving the burning on such land by the city or county. (d) Prior to issuing a permit, the district may inspect the wood waste to be burned to verify that it is exclusively nonindustrial wood waste from trees, vines, and brush. (e) The state board shall approve the use of open outdoor fires at a designated disposal site to dispose of such wood waste if such an operation of the disposal site will not prevent the achievement and maintenance of ambient air quality standards. The approval shall be granted for a minimum of one year. (f) In seeking approval from the state board to use open outdoor fires at disposal sites throughout the county to dispose of such wood waste, a county may submit its plan for the disposal of such wood waste in the county by the use of open outdoor fires at the disposal sites. (Amended by Stats. 1982, Ch. 230, Sec. 1.)
  105. 41805.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must study alternative ways to dispose of wood waste from trees, vines, or bushes instead of using open outdoor fires.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41805. (a) The Legislature hereby finds and declares that, because sanitary landfill sites are very difficult to obtain, these valuable sites should be reserved for high-priority waste such as garbage and low-volume rubbish, and that the disposal, by open outdoor fires of high-volume wood waste will help prolong the life of such landfill sites. However, it is the intent of the Legislature that the disposal, by open outdoor fires, of such waste be reasonably regulated so as to not create a nuisance or significantly reduce the quality of the ambient air. (b) Therefore, the state board shall conduct studies of alternative methods of disposing of wood waste from trees, vines, or bushes, other than by open outdoor fires. (Added by Stats. 1975, Ch. 957.)
  106. 41805.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Operators of solid waste disposal sites must submit air quality assessment reports, and operators of inactive sites must first complete a screening questionnaire 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41805.5. (a) Except as provided in subdivisions (b) and (c), the operator of a solid waste disposal site shall submit to the district on or before July 1, 1987, a solid waste air quality assessment test report that contains all of the following: (1) Test results to determine if there is any underground landfill gas migration beyond the solid waste disposal site’s perimeter. (2) Analyses for specified air contaminants in the ambient air adjacent to the solid waste disposal site to determine the effect of the site on air quality. (3) Chemical characterization test results to determine the composition of gas streams immediately above the solid waste disposal site, or immediately above the solid waste disposal site and within the solid waste disposal site, as appropriate, as determined by the district. (4) Any other information that the district board requires, by emergency regulation. The solid waste air quality assessment test report shall be prepared in accordance with the guidelines developed by the state board pursuant to subdivision (d). (b) The operator of an inactive solid waste disposal site shall complete and submit the screening questionnaire, developed pursuant to subdivision (e), to the district on or before November 1, 1986, unless the operator is required to submit a report containing the same information specified in subdivision (a) pursuant to a federal, state, or district order, or unless exempted pursuant to subdivision (c). The district shall evaluate the submitted screening questionnaires in accordance with the guidelines developed pursuant to subdivision (e) and shall determine whether the operator of the site is required to submit all, or a portion of, the information required to be reported in a solid waste air quality assessment test report. The district shall notify the operator in writing on or before January 1, 1987, of the information identified in subdivision (a) to be submitted for the site. After receiving this notification, the operator of the inactive solid waste disposal site shall submit a solid waste air quality assessment test report containing the required information on or before January 1, 1988, to the district. (c) A district may exempt from subdivisions (a) and (b) a solid waste disposal site or inactive solid waste disposal site that has accepted or now contains only inert and nondecomposable solids. To receive an exemption, the operator of the site shall submit, on or before November 1, 1986, a copy of all permits, all waste discharge requirements pertinent to the site, and any other data necessary for the district to determine whether an exemption should be granted to the site. (d) On or before February 1, 1987, the state board, in coordination with the districts, shall develop and publish test guidelines for the solid waste air quality assessment report specifying the air contaminants to be tested for and identifying acceptable testing, analytical, and reporting methods to be employed in completing the report. (e) On or before October 1, 1986, the state board, in coordination with the districts, shall develop and publish a screening questionnaire for inactive solid waste disposal sites and guidelines for evaluating the questionnaire by the districts pursuant to subdivision (b). The screening questionnaire and guidelines shall require an inactive solid waste disposal site to be evaluated based on the nature and age of materials in the site, the quantity of materials in the site, the size of the site, and other appropriate factors. The guidelines for evaluating the screening questionnaire shall require a district to weigh heavily the proximity of the site to residences, schools, and other sensitive areas, and to pay particular attention to potential adverse impacts on facilities such as hospitals and schools, and on residential areas, within one mile of the site’s perimeter. (f) A district may reevaluate the status of a solid waste disposal site, including sites exempted pursuant to subdivision (c), and require the operator to submit or revise a solid waste air quality assessment test report after January 1, 1987. The district shall give written notification to the operator of the solid waste disposal site that a solid waste air quality assessment test report is to be submitted, or that the existing report is to be revised, and the date by which the report is to be submitted. (g) A district shall evaluate any solid waste air quality assessment test reports submitted pursuant to subdivisions (a), (b), and (f), and determine if the report’s testing, analytical, and reporting methods comply with the guidelines developed pursuant to subdivision (d). If the district determines that the solid waste air quality assessment test report complies with the guidelines, it shall evaluate the data. If the district determines, after evaluation of the report and consultation with the state department and the California Integrated Waste Management Board, that levels of one or more specified air contaminants pose a health risk to human beings or a threat to the environment, the district shall take appropriate remedial action. (h) If a district determines that a solid waste air quality assessment test report does not comply with the guidelines developed pursuant to subdivision (d), the district shall provide the operator of the site with a written notice specifying the inadequacies of the report and shall require the operator to correct the deficiencies and resubmit the report by a date determined by the district. (i) For the purpose of this section, the following definitions apply: (1) “Inactive solid waste disposal site” means a solid waste disposal site that has not received any solid waste for disposal after January 1, 1984. (2) “Landfill gas” means any untreated, raw gas derived through a natural process from the decomposition of organic waste deposited in a solid waste disposal site or from the evolution of volatile species in the waste. (3) “Operator” means the person who operates or manages, or who has operated or managed, the solid waste disposal site. If the operator of the solid waste disposal site no longer exists, or is unable, as determined by the district, to comply with the requirements of this section, “operator” means any person who owns or who has owned the solid waste disposal site. (4) “Perimeter” means the outer boundary of the entire solid waste disposal site property. (5) “Solid waste disposal site” means a place, location, tract of land, area, or premises in use, or which has been used, for the landfill disposal of solid waste, as defined in Section 40191 of the Public Resources Code, or hazardous waste, as defined in Section 40141 of the Public Resources Code, or both. (6) “Specified air contaminants” means substances determined to be air contaminants by the state board in coordination with the districts. The state board and the districts shall consider determining the following compounds to be air contaminants for purposes of this paragraph: benzene, chloroethene, 1,2-dibromoethane, 1,2-dichloroethane benzyl chloride, chlorobenzene, dichlorobenzene, 1,1-dichloroethene, dichloromethane, formaldehyde, hydrogen sulfide, tetrachloroethylene, tetrachloromethane, toluene, 1,1,1-trichloroethan e, trichloroethylene, trichloromethane, xylene, and any other substance deemed appropriate by the state board or a district. (Amended by Stats. 2000, Ch. 343, Sec. 18. Effective January 1, 2001.)
  107. 41805.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

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    A qualifying small city operating a Class III solid waste disposal site does not have to submit certain questionnaire or air quality report documents.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41805.6. Notwithstanding Section 41805.5, a small city which operates a Class III solid waste disposal site is not required to submit a screening questionnaire or a solid waste air quality assessment test report pursuant to Section 41805. 5 if the city has a population of less than 20,000 persons, the solid waste disposal site receives less than 20,000 tons of waste per year, the water table of the highest aquifer under the disposal site is 250 or more feet below the base of the disposal site and the water in the highest aquifer is not potable, and the site receives less than an average of 12 inches of rainfall per year. This section applies only if the disposal site is operational and has been granted all required permits as of January 1, 1991, and if the site is located in Kings County. (Added by Stats. 1990, Ch. 1361, Sec. 1.)
  108. 41806.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section says the article should not be read to prohibit certain kinds of burning, including some household waste burning, cooking or recreational open fires, and respectful disposal burning of an unserviceable American flag.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41806. Nothing in this article shall be construed as prohibiting any of the following: (a) Burning for the disposal of the combustible or flammable solid waste of a single- or two-family dwelling on its premises. (b) Open outdoor fires used only for cooking food for human beings or for recreational purposes. (c) The burning, in a respectful and dignified manner, of an unserviceable American flag that is no longer fit for display. (Amended by Stats. 1997, Ch. 538, Sec. 1. Effective January 1, 1998.)
  109. 41807.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The article does not prohibit burning for right-of-way clearing by a public entity or utility, or for levee, reservoir, and ditch maintenance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41807. Nothing in this article shall be construed to prohibit burning for right-of-way clearing by a public entity or utility or for levee, reservoir, and ditch maintenance. No such material may be burned pursuant to this section unless (a) agricultural burning is not prohibited on the day pursuant to Section 41855, and (b) the material has been prepared by stacking, drying, or other methods to promote combustion as specified by the air pollution control officer having jurisdiction. (Added by Stats. 1975, Ch. 957.)
  110. 41808.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must allow a city or county to use open outdoor fires at a solid waste dump for a limited time if it finds the site should be operated that way because of sparse population and economic and technical difficulties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41808. The state board shall permit a city or county to use open outdoor fires, for a limited time only, in its operation of a solid waste dump, upon the finding that, because of sparse population in the geographical area and economic and technical difficulties, the solid waste dump should be so operated. (Added by Stats. 1975, Ch. 957.)
  111. 41809.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Open outdoor fires may be used to dispose of Russian thistle if authorized by one of the listed fire or agricultural officials.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41809. Notwithstanding Sections 41508 and 41800, open outdoor fires may be used to dispose of Russian thistle (Salsola kali) when authorized by a chief of a fire department or fire protection agency of a city, county, or fire protection district, the Director of Forestry and Fire Protection or his or her duly authorized representative, a county agricultural commissioner, or an air pollution control officer. (Amended by Stats. 1992, Ch. 427, Sec. 106. Effective January 1, 1993.)
  112. 41810.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    On islands at least 15 miles from the mainland coast, Section 41701 does not apply to smoke from fires there, and districts may not adopt rules on open outdoor fires that are stricter than those provided by law.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41810. For islands located 15 or more miles from the mainland coast: (a) The provisions of Section 41701 shall not apply to smoke from fires set thereon. (b) No district shall adopt any rule or regulation stricter than those provided by law with respect to open outdoor fires. (Added by Stats. 1975, Ch. 957.)
  113. 41811.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This article does not override district rules or regulations that were already in effect for at least five years before September 19, 1970.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41811. The provisions of this article shall not supersede any rule or regulation of any district, which rule or regulation was in effect for five or more years prior to September 19, 1970. (Added by Stats. 1975, Ch. 957.)
  114. 41812.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district air pollution control officer, if authorized by the district board, may permit certain open outdoor fires for disposing of agricultural or qualifying wood waste, and may attach necessary permit conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41812. (a) The air pollution control officer of any district, upon authorization of the district board, may authorize, by permit, open outdoor fires for the purpose of disposing of agricultural wastes, or wood waste from trees, vines, bushes, or other wood debris free of nonwood materials, in a mechanized burner so that no air contaminant is discharged into the atmosphere for a period or periods aggregating more than 30 minutes in any eight-hour period that is either of the following: (1) As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the former United States Bureau of Mines. (2) So opaque that it obscures observer’s view to a degree equal to or greater than does smoke described in paragraph (1). (b) In authorizing the operation of a mechanized burner, the air pollution control officer may make the permit subject to whatever conditions the officer determines are reasonably necessary to ensure conformance with the standards prescribed in this section. (Amended by Stats. 2018, Ch. 624, Sec. 6. (SB 1260) Effective January 1, 2019.)
  115. 41813.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section lets Group 2 solid waste be disposed of with an air curtain destructor for up to six months, subject to monitoring and reporting requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41813. Notwithstanding any other provision of this division, in the San Bernardino County Air Pollution Control District, Group 2 solid waste, as defined in Section 2521 of Title 23 of the California Administrative Code, for a period not to exceed six months from the effective date of this section, may be disposed of by means of an air curtain destructor. The authority provided by this section applies only to an existing solid waste disposal site in the upper desert area which receives less than 50 tons of solid waste for disposal per day. The use of the air curtain destructor shall be monitored by the San Bernardino County Air Pollution Control District and the state board. Within nine months after the effective date of this section, the district shall file a report with the County of San Bernardino and the state board regarding the extent to which the air curtain destructor meets the emission rules, regulations, and orders of the district and the state board. At the end of the six-month experimental period, the air curtain destructor may continue to be used if the state board makes a finding that the public health and safety will not be adversely affected by continued use. The state board, in cooperation with San Bernardino County, shall establish a list of toxic materials that will be removed from the solid waste prior to use of the air curtain destructor. There shall be no liability on the part of the state board for any injury occurring as a result of the use of the air curtain destructor under the provisions of this section. (Amended by Stats. 1981, Ch. 714.)
  116. 41815.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A wastewater treatment facility may burn gaseous byproducts from recycling water to generate power for the facility, if it follows district regulations and other applicable state law.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Nonagricultural Burning [41800 - 41815] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 41815. Notwithstanding any local ordinance adopted pursuant to Section 37100 of the Government Code or by charter provision to prohibit the burning of waste materials, the burning of the gaseous byproducts of the recycling of water by a waste water treatment facility as part of an energy conservation and cost reduction program to generate power to operate the facility shall be permitted if the burning operation complies with all regulations of the district having jurisdiction and any other applicable provisions of state law. (Added by Stats. 1991, Ch. 158, Sec. 1.)
  117. 41850.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Agricultural burning is intended to be regulated, but not banned, and the state board and districts must consider several factors when making rules for this article.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41850. It is the intent of the Legislature, by the enactment of this article, that agricultural burning be reasonably regulated and not be prohibited. The state board and the districts shall take into consideration, in adopting rules and regulations for purposes of this article, various factors, including, but not limited to, the population in an area, the geographical characteristics, the meteorological conditions, the economic and technical impact of such rules and regulations, and the importance of a viable agricultural economy in the state. (Added by Stats. 1975, Ch. 957.)
  118. 41851.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Section 41800 does not apply to burning regulated under this article.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41851. Section 41800 shall not apply to burning regulated pursuant to this article. (Added by Stats. 1975, Ch. 957.)
  119. 41852.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A person must not knowingly set or allow agricultural burning unless they have a valid permit from the designated agency.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41852. No person knowingly shall set or permit agricultural burning unless he has a valid permit from the agency designated by the state board to issue such permits in the area where the agricultural burning is to take place. (Amended by Stats. 1976, Ch. 1063.)
  120. 41852.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may, after a public hearing, exempt a district or part of a district from the permit requirement in Section 41852 if agricultural burning does not significantly affect 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41852.5. The state board may, after holding a public hearing, authorize an exemption from the permit requirement of Section 41852 for a district, or a portion of a district, where agricultural burning does not significantly affect air quality. (Added by Stats. 1981, Ch. 700.)
  121. 41853.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must designate agencies to issue certain permits and adopt rules for how the permits are issued.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41853. The state board shall designate public fire protection agencies or other equivalent agencies to issue permits under subdivision (a) of Section 41852, and shall adopt rules and regulations to provide a procedure for the issuance of the permits. Each agency so designated by the state board shall issue permits subject to the rules and regulations of the state board. (Added by Stats. 1975, Ch. 957.)
  122. 41853.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A permit for burning cotton-ginning waste cannot be issued unless the person pays a $0.15 fee per bale of cotton ginned.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41853.5. (a) No permit shall be issued pursuant to Section 41853 to a person for the burning of solid waste which is produced from the ginning of cotton, unless the person pays to the issuing agency a fee of fifteen cents ($0.15) for each bale of cotton ginned that will produce the solid waste that is to be burned. (b) Except as provided in subdivision (c), the issuing agency shall deposit monthly the collected fees in the Air Pollution Control Fund. (c) To pay for administrative costs of issuing the permits, the issuing agency may retain from the fees collected pursuant to this section an amount equal to either the estimated cost of issuing the permits, or 4 percent of the total fees collected, whichever is less. The state board may make an annual audit of the issuing agency to determine the amount of fees retained by an issuing agency. (Added by Stats. 1976, Ch. 1216.)
  123. 41854.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A permit under Section 41853 is not valid on days when agricultural burning is prohibited, and each permit must include a warning statement saying it is valid only on days when burning is not prohibited.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41854. (a) No permit issued pursuant to Section 41853 shall be valid for any day during which agricultural burning is prohibited by the state board pursuant to Section 41855 or by a district board pursuant to Section 41508. (b) Each permit shall bear a statement of warning containing the following words or words of like or similar import: “This permit is valid only on those days during which agricultural burning is not prohibited by the State Air Resources Board pursuant to Section 41855 of the Health and Safety Code.” (Added by Stats. 1975, Ch. 957.)
  124. 41855.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must use meteorological data to determine and designate the days when agricultural burning is prohibited in each air basin.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41855. The state board shall determine and designate from meteorological data the days when agricultural burning shall be prohibited within each air basin. (Added by Stats. 1975, Ch. 957.)
  125. 41855.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section restricts permits for burning certain agricultural waste in the San Joaquin Valley district and requires the district to adopt related rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41855.5. (a) Notwithstanding any other provision of law, no permit may be issued to a person to burn any of the following categories of agricultural waste within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District, commencing on the following dates: (1) Commencing June 1, 2005, for field crops, prunings, and weed abatement. (2) Commencing June 1, 2007, for orchard removals. (3) Commencing June 1, 2010, for other materials, vineyard removals, and surface harvested prunings. (b) The San Joaquin Valley Unified Air Pollution Control District, in consultation with the University of California Cooperative Extension, shall develop and adopt, not later than June 1, 2005, rules establishing best management practices for the control of other weeds and maintenance. The rules adopted pursuant to this subdivision shall be operative not later than June 1, 2006. (c) For the purposes of this section, the following terms have the following meanings: (1) “Field crops” means any of the following crops: (A) Alfalfa. (B) Asparagus. (C) Barley stubble. (D) Beans. (E) Corn. (F) Cotton. (G) Flower straw. (H) Hay. (I) Lemon grass. (J) Oat stubble. (K) Other field crops, as determined by the state board. (L) Pea vines. (M) Peanuts. (N) Rice stubble. (O) Safflower. (P) Sugar cane. (Q) Vegetable crops. (R) Wheat stubble. (2) “Orchard removals” includes, but is not limited to, any of the following: (A) Orchard removal matter. (B) Stumps. (C) Untreated sticks. (3) “Other materials” includes, but is not limited to, any of the following: (A) Brooder paper. (B) Deceased goats. (C) Diseased bee hives. (4) “Other weeds and maintenance” includes, but is not limited to, any of the following: (A) Ditch bank work. (B) Canal bank work. (C) Dodder weed. (D) Star thistle. (E) Tumbleweed. (F) Noxious weeds. (G) Pesticide sacks. (H) Fertilizer sacks. (5) “Prunings” means prunings from any of the following: (A) Apple crops. (B) Apricot crops. (C) Avocado crops. (D) Bushberry crops. (E) Cherry crops. (F) Christmas trees. (G) Citrus crops. (H) Date crops. (I) Eucalyptus crops. (J) Fig crops. (K) Kiwi crops. (L) Nectarine crops. (M) Nursery prunings. (N) Olive crops. (O) Other prunings, as determined by the state board. (P) Pasture or corral trees. (Q) Peach crops. (R) Pear crops. (S) Persimmon crops. (T) Pistachio crops. (U) Plum crops. (V) Pluot crops. (W) Pomegranate crops. (X) Prune crops. (Y) Quince crops. (Z) Rose prunings. (6) “Surface harvested prunings” includes, but is not limited to, any of the following: (A) Almond prunings. (B) Walnut prunings. (C) Pecan prunings. (D) Grape vines. (E) Vineyard removal materials. (7) “Vineyard materials” includes, but is not limited to, any of the following: (A) Grape canes. (B) Raisin trays. (8) “Weed abatement” includes, but is not limited to, any of the following: (A) Berms. (B) Bermuda grass. (C) Fence rows. (D) Grass. (E) Pasture. (F) Ponding or levee banks. (d) (1) The San Joaquin Valley Unified Air Pollution Control District shall develop and adopt, by January 1, 2005, rules to regulate the burning of diseased crops. The rules shall become operative no later than June 1, 2005. The rules shall provide for the issuance of a conditional crop burning permit if all of the following criteria are met: (A) The fields to be burned are specifically described. (B) The applicant has not been cited for a violation of burning rules or regulations in the past 3 years, unless the violation was of a de minimis nature, as determined by the district and the county agricultural commissioner. (C) The county agricultural commissioner has determined all of the following: (i) During the growing season for that crop, there is the presence of a disease that will cause a substantial, quantifiable reduction in yield or poses a threat to the health of adjacent vines, trees, or plants in the field proposed to be burned, during the current or next growing season. (ii) There is no economically feasible alternative means of eliminating the disease other than burning. (2) A conditional crop burning permit shall authorize the burning of only the identified diseased crop. (3) The holder of a permit may not transfer, sell, or trade the permit to any other individual. (4) A citation for a violation of burning rules or regulations may be appealed to the San Joaquin Air Pollution Control District Hearing Board. (Added by Stats. 2003, Ch. 481, Sec. 1. Effective January 1, 2004.)
  126. 41855.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district may postpone certain commencement dates for specified agricultural waste or crop categories if the listed findings are made and the state board concurs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41855.6. The district may postpone the commencement dates set forth in subdivision (a) of Section 41855.5 for any category of agricultural waste or crop described if all of the following applies: (a) The district determines that there is no economically feasible alternative means of eliminating the waste. (b) The district determines that there is no long-term federal or state funding commitment for the continued operation of biomass facilities in the San Joaquin Valley or development of alternatives to burning. (c) The district determines that the continued issuance of permits for that specific category or crop will not cause, or substantially contribute to, a violation of an applicable federal ambient air quality standard. (d) The state board concurs with the district’s determinations pursuant to this section. (Amended by Stats. 2004, Ch. 183, Sec. 221. Effective January 1, 2005.)
  127. 41855.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If money is appropriated under the cited budget item, the state board may run a program that supports alternatives to agricultural burning in the San Joaquin Valley.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41855.8. (a) Upon appropriation of moneys pursuant to Provision 1 of Item 3900-101-0001 of Section 2.00 of the Budget Act of 2021, the state board may administer a program to support incentives for alternatives to agricultural burning in the San Joaquin Valley. (b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to funding criteria or other guidelines expressly related to the granting of moneys under the program described in subdivision (a) adopted or used by the state board. (Added by Stats. 2021, Ch. 115, Sec. 60. (AB 148) Effective July 22, 2021.)
  128. 41856.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must issue guidelines to regulate and control agricultural burning for each air basin it has established.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41856. The state board shall promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board. (Added by Stats. 1975, Ch. 957.)
  129. 41857.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board’s agricultural burning guidelines must be based on weather data, the amount and type of material to be burned, and the likely effect on air quality in affected air basins.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41857. The guidelines promulgated by the state board shall be based on meteorological data, the nature and volume of materials to be burned, and the probable effect of such burning on the ambient air quality within the air basins affected. (Added by Stats. 1975, Ch. 957.)
  130. 41858.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    When adopting guidelines, the state board must consider economic and technical feasibility, including the likely effect on agricultural production in the affected air basin.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41858. In adopting such guidelines, the state board shall consider their economic and technical feasibility, including their probable effect on agricultural production in the air basin affected. (Added by Stats. 1975, Ch. 957.)
  131. 41859.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must continuously review the guidelines under this article. It may change them if scientific and technological data shows the changes are warranted, but before making changes it must hold a public hearing and consider the criteria in Section 41857.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41859. The state board shall continuously review the guidelines promulgated under this article, and may modify, repeal, or alter such guidelines if scientific and technological data indicates that such changes are warranted. Before adopting any such changes, the state board shall hold a public hearing and shall consider the criteria set forth in Section 41857. (Added by Stats. 1975, Ch. 957.)
  132. 41860.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must publish a list of approved low-emission orchard and citrus grove heaters, and unapproved heaters cannot be sold or used in certain situations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41860. The state board shall adopt and publish a list of orchard and citrus grove heaters which it finds produce no more than one gram per minute of unconsumed solid carbonaceous material. No new orchard or citrus grove heater produced or manufactured shall be sold for use against frost damage unless it has been approved by the state board. No person shall use any orchard or citrus grove heater after January 1, 1975, unless it has been approved by the state board or does not produce more than one gram per minute of unconsumed solid carbonaceous material. In addition to the penalties specified in Section 42400, the cost of putting out the fire caused by a violation of this section may be imposed on any person who violates this section. (Added by Stats. 1975, Ch. 957.)
  133. 41861.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Burning to improve land for wildlife or game habitat is not allowed until the person gets a written statement from the Department of Fish and Game and files it with the local air pollution control officer.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41861. No burning shall be conducted for the improvement of land for wildlife or game habitat until the person desiring to conduct such burning obtains from the Department of Fish and Game a written statement certifying that the burning is desirable and proper for the improvement of land for wildlife or game habitat and such statement is filed with the air pollution control officer having jurisdiction in the area in which the burning is to take place. As to burning conducted by the Department of Fish and Game, the department shall, on its own behalf, issue and file such statements. (Added by Stats. 1975, Ch. 957.)
  134. 41862.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may issue a permit for agricultural burning on designated nonburning days if denying it would cause imminent and substantial economic loss. The state board must require districts to report these permits regularly.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41862. A district may issue a permit to authorize agricultural burning on days designated by the state board pursuant to Section 41855 as nonburning days when denial of such a permit would threaten imminent and substantial economic loss. The state board shall require the districts to transmit regular reports of permits issued authorizing agricultural burning on nonburning days. The report shall include the number of such permits issued, the date of issuance of each permit, the person to whom each permit was issued, and any other information requested by the state board. (Added by Stats. 1975, Ch. 957.)
  135. 41863.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Basinwide coordinating councils and districts must include an agricultural burning regulation and control component in their implementation plans and programs, following state board guidelines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41863. Each basinwide coordinating council and district shall, as part of the implementation plans and programs prepared pursuant to Chapter 2 (commencing with Section 41600), include a component for the regulation and control of agricultural burning pursuant to guidelines adopted by the state board therefor. (Added by Stats. 1975, Ch. 957.)
  136. 41864.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This article does not override district rules or regulations that were already in effect for at least five years before September 19, 1970.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41864. The provisions of this article shall not supersede any rule or regulation of any district, which rule or regulation was in effect for five or more years prior to September 19, 1970. (Added by Stats. 1976, Ch. 1063.)
  137. 41865.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section phases down rice straw burning in the Sacramento Valley Air Basin and sets permit, acreage, fee, and penalty rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41865. (a) This section shall be known, and may be cited, as the Connelly-Areias-Chandler Rice Straw Burning Reduction Act of 1991. (b) As used in this section: (1) “Sacramento Valley Air Basin” means the area designated by the state board pursuant to Section 39606. (2) “Air pollution control council” means the Sacramento Valley Basinwide Air Pollution Control Council authorized pursuant to Section 40900. (3) “Conditional rice straw burning permit” means a permit to burn granted pursuant to subdivisions (f) and (h). (4) “Allowable acres to be burned” means the number of acres that may be burned pursuant to subdivision (c). (5) “Department” means the Department of Food and Agriculture. (6) “Maximum fall burn acres” means the maximum amount of rice acreage that may be burned from September 1 to December 31, inclusive, of each year. (7) “Maximum spring burn acres” means the maximum amount of rice acreage that may be burned from January 1 to May 31 of the following year, inclusive. (c) Notwithstanding Section 41850, rice straw burning in counties in the Sacramento Valley Air Basin shall be phased down, as follows: (1) From 1998 to 2000, the maximum spring and fall burn acres shall be the following number of acres planted prior to September 1 of each year: Year Maximum Fall Burn Acres Maximum Spring Burn Acres 1998 90,000 110,000 1999 90,000 110,000 2000 90,000 110,000 (2) Notwithstanding paragraph (1), any of the 90,000 acres allocated in the fall that are not burned may be added to the maximum spring burn acres, provided that the maximum spring burn acres does not exceed 160,000 acres. (3) Notwithstanding paragraph (1), the maximum acres burned between January 1, 1998, and August 31, 1998, shall be limited so that the total acres burned between September 1, 1997, and August 31, 1998, do not exceed 38 percent of the total acres planted prior to September 1, 1997. (4) In 2001 and thereafter, the maximum annual burn acres shall be the number of acres prescribed in subdivision (i), subject to subdivisions (f) and (h). (d) The number of allowable acres to be burned each day shall be determined by the state board and the air pollution control officers in the Sacramento Valley Air Basin and equitably allocated among rice growers in accordance with the annual agricultural burning plan adopted by the air pollution control council and approved by the state board. (e) On or before September 1, 2000, the state board, in consultation with the department and the air pollution control council, shall adopt regulations consistent with the criteria provided in subdivisions (f) and (h). On or before September 1, 1996, an advisory group shall be established by the state board and the department to assist in the adoption of those regulations. (f) Commencing September 1, 2001, the county air pollution control officers in the Sacramento Valley Air Basin may grant conditional rice straw burning permits once the county agricultural commissioner has determined that the applicant has met the conditions specified in subdivision (h). The county agricultural commissioner shall be responsible for all field inspections associated with the issuance of conditional rice straw burning permits. A conditional rice straw burning permit shall be valid for only one burn, per field, per year. (g) The county agricultural commissioner may charge the applicant a fee not to exceed the costs incurred by the county agricultural commissioner in making the determination specified in subdivision (f). This subdivision shall be operative only until January 1, 2009. (h) If the terms and conditions for issuing conditional rice straw burning permits specified in paragraphs (1) to (4), inclusive, are met, a conditional rice straw burning permit may be issued unless the state board and the department have jointly determined, based upon an annual review process, that there are other economically and technically feasible alternative means of eliminating the disease that are not substantially more costly to the applicant. The terms and conditions for issuing the conditional rice straw burning permits are: (1) The fields to be burned are specifically described. (2) The applicant has not violated any provision of this section within the previous three years. (3) During the growing season, the county agricultural commissioner has independently determined the significant presence of a pathogen in an amount sufficient to constitute a rice disease such as stem rot. (4) The county agricultural commissioner makes a finding that the existence of the pathogen as identified in paragraph (3) will likely cause a significant, quantifiable reduction in yield in the field to be burned during the current or next growing season. The findings of the county agricultural commissioner shall be based on recommendations adopted by the advisory group established pursuant to subdivision (e). (i) (1) The maximum annual number of acres burned in the Sacramento Valley Air Basin pursuant to paragraph (4) of subdivision (c) shall be the lesser of: (A) The total of 25 percent of each individual applicant’s planted acres that year. (B) A total of 125,000 acres planted in the Sacramento Valley Air Basin. (2) Each grower shall be eligible to burn up to 25 percent of the grower’s planted acres, as determined by the air pollution control officers in the Sacramento Valley Air Basin and subject to the maximum annual number of acres burned set forth in paragraph (1), if the grower has met the criteria for a conditional rice straw burning permit. (3) The air pollution control council shall annually determine which is the lesser of subparagraphs (A) and (B) of paragraph (1), and shall determine the maximum percentage applicable to all growers subject to the conditions set forth in subdivisions (f) and (h). (4) A grower who owns or operates 400 acres or less who has met the criteria for the issuance of a conditional rice straw burning permit may burn his or her entire acreage once every four years, provided that the limit prescribed in paragraph (1) is not exceeded. (5) Nothing in this subdivision shall permit an applicant to transfer, sell, or trade any permission to burn granted pursuant to this subdivision to another applicant or individual. (j) The state board and the department shall jointly determine if the allowable acres to be burned, as provided in subdivisions (c), (f), and (h), may be exceeded due to extraordinary circumstances, such as an act of God, that have an impact over a continuing duration and make alternatives other than burning unusable. (k) “Administrative burning” means burning of vegetative materials along roads, in ditches, and on levees adjacent to or within a rice field, or the burning of vegetative materials on rice research facilities authorized by the county agricultural commissioner, not to exceed 2,000 acres. Administrative burning conducted in accordance with Section 41852 is not subject to this section. (l) (1) On or before September 1, 1992, the state board and the department shall jointly establish an advisory committee composed of 10 members to assist with the identification and implementation of alternatives to rice straw burning. Members of the committee shall be from the Sacramento Valley Air Basin, and the committee shall consist of two rice growers, two representatives from the environmental community, two health officials, two county supervisors or their designees, one member from the air pollution control council, and one member from the business community with expertise in market or product development. The committee shall meet at least annually. General Fund moneys shall not be used to support the committee. (2) The committee shall develop a list of priority goals for the development of alternative uses of rice straw for the purpose of developing feasible and cost-effective alternatives to rice straw burning. These goals shall include, but not be limited to, research on alternatives, economic incentives to encourage alternative uses, and new product development. (m) On or before September 1, 1998, the state board, in consultation with the department, and the advisory committee, shall develop an implementation plan and a schedule to achieve diversion of not less than 50 percent of rice straw produced toward off-field uses by 2000. Off-field uses may include, but are not limited to, the production of energy and fuels, construction materials, pulp and paper, and livestock feed. (n) The Legislature hereby finds and declares as follows: (1) Because of the requirements imposed by this section, rice straw that was previously burned may present, as solid waste, a new disposal problem. (2) The state should assist local governments and growers in diverting rice straw from landfills by researching and developing diversion options. (o) It is the intent of the Legislature that all feasible alternatives to rice straw burning and options for diverting rice straw from landfills be encouraged. (p) This subdivision confirms that reductions in emissions from rice straw burning qualify for air quality offsets, in accordance with paragraphs (1) and (2). (1) These credits shall meet the requirements specified in state law and district rules and regulations, and shall comply with applicable district banking rules established pursuant to Sections 40709 to 40713, inclusive. Districts are urged to establish banking systems in accordance with Sections 40709 to 40713, inclusive. The state board may adopt regulations to implement this subdivision, including, but not limited to, consideration of the seasonal and intermittent nature of rice straw burning emissions. In developing the regulations, the state board shall consult with all concerned parties. However, emission reduction credits that would otherwise accrue from reductions in emissions from rice straw burning shall not be affected or negated by the phasedown of burning, as specified in subdivision (c). (2) Reductions in emissions achieved in compliance with subdivision (c) that are banked or used as credits shall not be credited for purposes of attainment planning and progress towards the attainment of any state or national ambient air quality standard as required by state and federal law. (q) (1) Any person who negligently or intentionally violates any provision of this article is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than nine months, or by both that fine and imprisonment. This subdivision applies only to agricultural burning in the Sacramento Valley Air Basin. (2) Any person who negligently or intentionally violates any provision in this article is liable for a civil penalty of not more than ten thousand dollars ($10,000). This subdivision applies only to agricultural burning in the Sacramento Valley Air Basin. (r) Districts in the Sacramento Valley Air Basin shall impose fees on growers to cover the cost of implementing this section pursuant to Section 42311. (s) To the extent that resources are available, the state board and the agencies with jurisdiction over air quality within the Sacramento Valley Air Basin shall do both of the following: (1) Improve responses to citizen complaints, and, to the extent feasible, immediately investigate and analyze smoke complaints from the public to identify factors that contribute to complaints and to develop better smoke control measures to be included in the agricultural burning plan, keep a record of all complaints, coordinate among other agencies on citizens’ complaints, and investigate the source of the pollution causing the complaint. (2) Respond more quickly to requests for update from county air pollution control officers to help maximize burning days when meteorological conditions are best suited for smoke dispersion. (Amended by Stats. 2004, Ch. 644, Sec. 18. Effective January 1, 2005.)
  138. 41865.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The State Air Resources Board must prepare and submit recommendations to the Legislature by January 1, 2001, with consultation and cooperation from specified agencies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41865.5. Notwithstanding Section 7550.5 of the Government Code, on or before January 1, 2001, the State Air Resources Board, in consultation with the Department of Food and Agriculture, and in cooperation with the State Energy Resources Conservation and Development Commission and the California Integrated Waste Management Board, shall prepare and submit to the Legislature recommendations for ensuring consistency and predictability in the supply of rice straw for cost-effective uses, including, but not limited to, recommendations for methods of harvesting, storing, and distributing rice straw for off-field uses. Off-field uses may include, but are not limited to, the production of energy and fuels, construction materials, pulp and paper, and livestock feed. (Added by Stats. 1999, Ch. 640, Sec. 1. Effective January 1, 2000.)
  139. 41866.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Sacramento Valley Basinwide Air Pollution Control Council may set a permit fee of up to $5 per year and may require districts to collect it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Agricultural Burning [41850 - 41866] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 41866. The Sacramento Valley Basinwide Air Pollution Control Council may impose, and may require that districts within the Sacramento Valley Air Basin collect, a fee not to exceed five dollars ($5) per permit, per year on each permit issued by a district within the Sacramento Valley Air Basin, for the purpose of administering all basinwide air pollution control efforts, and may adopt a budget to expend those funds at any noticed regularly scheduled meeting, allowing for public comment. (Amended by Stats. 1995, Ch. 529, Sec. 17. Effective October 4, 1995.)
  140. 41901.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The committee must have nine appointed members, including specified industry, public-entity, district-board, and public members, and it must choose its own 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 41901. The committee shall include nine members appointed by the chairman of the state board as follows: three contractors licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code for sandblasting services, three members from public entities which contract for such services, and three members from district boards. The committee shall also include two public members, one of whom shall be appointed by the Senate Rules Committee and one by the Speaker of the Assembly. The committee shall select a chairman from its membership, and he shall serve at the pleasure of the committee. (Added by Stats. 1975, Ch. 957.)
  141. 41902.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The committee must consider air pollution reduction and continued sandblasting for corrosion control, and must review current sandblasting procedures and equipment to identify improvements for the strictest reasonably achievable standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 41902. In developing the standards, the committee shall take into consideration the need to reduce air pollution from all sources and the need to also continue sandblasting operations as a means of corrosion control. The committee shall examine present sandblasting procedures and equipment, and determine where improvements can be made so that the standards reflect the strictest standards that can be reasonably achieved. (Added by Stats. 1975, Ch. 957.)
  142. 41903.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The committee must adjourn 30 days after air pollution standards for sandblasting operations are adopted. After that, it may meet at least once a year when called by the committee chairman to review the standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 41903. Thirty days after the adoption of air pollution standards for sandblasting operations, the committee shall adjourn. Thereafter, it may meet at least once annually upon the call of the chairman of the committee to review the standards in light of changes in sandblasting technology. (Added by Stats. 1975, Ch. 957.)
  143. 41904.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District rules for sandblasting operations cannot be stricter or more lenient than the statewide standards adopted 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 41904. The standards shall be statewide, and no rule or regulation of any district that is applicable to sandblasting operations shall be stricter or less strict than the standards adopted by the state board pursuant to the recommendations of the committee. (Added by Stats. 1975, Ch. 957.)
  144. 41905.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    These standards do not override older district rules or regulations covering permanent sandblasting operations or equipment.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Sandblasting [41901 - 41905] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 41905. The standards, however, shall not supersede any rule or regulation of any district governing permanent sandblasting operations or equipment, which rule or regulation was in effect on January 1, 1974. For purposes of this section, “permanent sandblasting operations or equipment” means sandblasting operations conducted, or sandblasting equipment located, in a building which is used, in whole or in part, for sandblasting operations. (Added by Stats. 1975, Ch. 957.)
  145. 41950.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    A person generally may not install or keep a stationary gasoline tank of 250 gallons or more unless it has a permanent submerged fill pipe, or is a pressure tank, vapor recovery system, floating roof, or other approved equal-efficiency apparatus.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41950. (a) Except as provided in subdivisions (b) and (e), no person shall install or maintain any stationary gasoline tank with a capacity of 250 gallons or more which is not equipped for loading through a permanent submerged fill pipe, unless such tank is a pressure tank as described in Section 41951, or is equipped with a vapor recovery system as described in Section 41952 or with a floating roof as described in Section 41953, or unless such tank is equipped with other apparatus of equal efficiency which has been approved by the air pollution control officer in whose district the tank is located. (b) Subdivision (a) shall not apply to any stationary tanks installed prior to December 31, 1970. (c) For the purpose of this section, “gasoline” means any petroleum distillate having a Reid vapor pressure of four pounds or greater. (d) For the purpose of this section, “submerged fill pipe” means any fill pipe which has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank. “Submerged fill pipe,” when applied to a tank which is loaded from the side, means any fill pipe which has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the tank. (e) Subdivision (a) shall not apply to any stationary tank which is used primarily for the fueling of implements of husbandry. (Added by Stats. 1975, Ch. 957.)
  146. 41951.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    A “pressure tank” means a tank that maintains enough working pressure at all times to prevent hydrocarbon vapor or gas from escaping to the atmosphere.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41951. A “pressure tank” is a tank which maintains working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere. (Added by Stats. 1975, Ch. 957.)
  147. 41952.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    This section defines “vapor recovery system” as equipment that collects hydrocarbon vapors and gases and processes them to prevent emissions into the atmosphere, with tank gauging and sampling devices kept gastight except during gauging or sampling.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41952. A “vapor recovery system” consists of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission into the atmosphere, with all tank gauging and sampling devices gastight except when gauging or sampling is taking place. (Added by Stats. 1975, Ch. 957.)
  148. 41953.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    This section defines “floating roof” and requires tank gauging and sampling devices to be gastight except during gauging or sampling; it also bars use of the section’s control equipment when vapor pressure is 11.0 psi absolute or higher under actual storage conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41953. A “floating roof” consists of a pontoon-type or double-deck-type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank wall. The control equipment required by this section shall not be used if the gasoline or petroleum distillate has a vapor pressure of 11.0 pounds per square inch absolute or greater under actual storage conditions. All tank gauging and sampling devices shall be gastight except when gauging or sampling is taking place. (Added by Stats. 1975, Ch. 957.)
  149. 41954.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    The state board must set and enforce gasoline vapor control certification procedures and standards, and districts are restricted from imposing stricter requirements in specified circumstances.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41954. (a) The state board shall adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, with performance standards that are reasonable and necessary to achieve or maintain any applicable ambient air quality standard. (b) The state board shall, after a public hearing, adopt additional performance standards that are reasonable and necessary to ensure that systems for the control of gasoline vapors resulting from motor vehicle fueling operations do not cause excessive gasoline liquid spillage and excessive evaporative emissions from liquid retained in the dispensing nozzle or vapor return hose between refueling events, when used in a proper manner. To the maximum extent practicable, the additional performance standards shall allow flexibility in the design of gasoline vapor recovery systems and their components. (c) (1) The state board shall certify, in cooperation with the districts, only those gasoline vapor control systems that it determines will meet the following requirements, if properly installed and maintained: (A) The systems will meet the requirements of subdivision (a). (B) With respect to any system designed to control gasoline vapors during vehicle refueling, that system, based on an engineering evaluation of that system’s component qualities, design, and test performance, can be expected, with a high degree of certainty, to comply with that system’s certification conditions over the warranty period specified by the board. (C) With respect to any system designed to control gasoline vapors during vehicle refueling, that system shall be compatible with vehicles equipped with onboard refueling vapor recovery (ORVR) systems. (2) The state board shall enumerate the specifications used for issuing the certification. After a system has been certified, if circumstances beyond the control of the state board cause the system to no longer meet the required specifications or standards, the state board shall revoke or modify the certification. (d) The state board shall test, or contract for testing, gasoline vapor control systems for the purpose of determining whether those systems may be certified. (e) The state board shall charge a reasonable fee for certification, not to exceed its actual costs therefor. Payment of the fee shall be a condition of certification. (f) No person shall offer for sale, sell, or install any new or rebuilt gasoline vapor control system, or any component of the system, unless the system or component has been certified by the state board and is clearly identified by a permanent identification of the certified manufacturer or rebuilder. (g) (1) Except as authorized by other provisions of law and except as provided in this subdivision, no district may adopt, after July 1, 1995, stricter procedures or performance standards than those adopted by the state board pursuant to subdivision (a), and no district may enforce any of those stricter procedures or performance standards. (2) Any stricter procedures or performance standards shall not require the retrofitting, removal, or replacement of any existing system, which is installed and operating in compliance with applicable requirements, within four years from the effective date of those procedures or performance standards, except that existing requirements for retrofitting, removal, or replacement of nozzles with nozzles containing vapor-check valves may be enforced commencing July 1, 1998. (3) Any stricter procedures or performance standards shall not be implemented until at least two systems meeting the stricter performance standards have been certified by the state board. (4) If the certification of a gasoline vapor control system, or a component thereof, is revoked or modified, no district shall require a currently installed system, or component thereof, to be removed for a period of four years from the date of revocation or modification. (h) No district shall require the use of test procedures for testing the performance of a gasoline vapor control system unless those test procedures have been adopted by the state board or have been determined by the state board to be equivalent to those adopted by the state board, except that test procedures used by a district prior to January 1, 1996, may continue to be used until January 1, 1998, without state board approval. (i) With respect to those vapor control systems subject to certification by the state board, there shall be no criminal or civil proceedings commenced or maintained for failure to comply with any statute, rule, or regulation requiring a specified vapor recovery efficiency if the vapor control equipment which has been installed to comply with applicable vapor recovery requirements meets both of the following requirements: (1) Has been certified by the state board at an efficiency or emission factor required by applicable statutes, rules, or regulations. (2) Is installed, operated, and maintained in accordance with the requirements set forth in the document certification and the instructions of the equipment manufacturer. (Amended by Stats. 2000, Ch. 729, Sec. 14. Effective January 1, 2001.)
  150. 41955.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    Before state board certification, the manufacturer must submit the gasoline vapor control system, or requested components, to the Division of Measurement Standards and the State Fire Marshal for certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41955. Prior to state board certification of a gasoline vapor control system pursuant to Section 41954, the manufacturer of the system shall submit the system to, or, if appropriate, the components of the system as requested by, the Division of Measurement Standards of the Department of Food and Agriculture and the State Fire Marshal for their certification. (Added by Stats. 1976, Ch. 1030.)
  151. 41956.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    The State Fire Marshal and the Division of Measurement Standards must adopt certification rules for gasoline vapor control systems, and the Division of Measurement Standards must adopt additional standards and test procedures within 120 days after the effective date of the subdivision.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41956. (a) As soon as possible after the effective date of this section, the State Fire Marshal and the Division of Measurement Standards, after consulting with the state board, shall adopt rules and regulations for the certification of gasoline vapor control systems and components thereof. (b) The State Fire Marshal shall be the only agency responsible for determining whether any component or system creates a fire hazard. The division shall be the only agency responsible for the measurement accuracy aspects, including gasoline recirculation of any component or system. (c) Within 120 days after the effective date of this subdivision, the Division of Measurement Standards, shall, after public hearing, adopt rules and regulations containing additional performance standards and standardized certification and compliance test procedures which are reasonable and necessary to prevent gasoline recirculation in systems for the control of gasoline vapors resulting from motor vehicle fueling operations. (Amended by Stats. 1981, Ch. 902.)
  152. 41956.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    Some certified gasoline system equipment may keep being used for four years after standards change or certification is revoked, but repair or replacement parts must be certified, and regulators may stop use in hazard or gasoline-recirculation cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41956.1. (a) Whenever the state board, the Division of Measurement Standards of the Department of Food and Agriculture, or the State Fire Marshal revises performance or certification standards or revokes a certification, any systems or any system components certified under procedures in effect prior to the adoption of revised standards or the revocation of the certification and installed prior to the effective date of the revised standards or revocation may continue to be used in gasoline marketing operations for a period of four years after the effective date of the revised standards or the revocation of the certification. However, all necessary repair or replacement parts or components shall be certified. (b) Notwithstanding subdivision (a), whenever the State Fire Marshal determines that a system or a system component creates a hazard to public health and welfare, the State Fire Marshal may prevent use of the particular system or component. (c) Notwithstanding subdivision (a), the Division of Measurement Standards may prohibit the use of any system or any system component if it determines on the basis of test procedures adopted pursuant to subdivision (c) of Section 41956, that use of the system or component will result in gasoline recirculation. (Amended by Stats. 1996, Ch. 426, Sec. 2. Effective January 1, 1997.)
  153. 41957.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    The Division of Occupational Safety and Health decides whether a gasoline vapor control system creates a non-fire safety hazard, and the system cannot be used until the division certifies it is safe on that point.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41957. The Division of Occupational Safety and Health of the Department of Industrial Relations is the only agency responsible for determining whether any gasoline vapor control system, or component thereof, creates a safety hazard other than a fire hazard. If the division determines that a system, or component thereof, creates a safety hazard other than a fire hazard, that system or component may not be used until the division has certified that the system or component, as the case may be, does not create that hazard. The division, in consultation with the state board, shall adopt the necessary rules and regulations for the certification if the certification is required. (Amended by Stats. 1981, Ch. 714.)
  154. 41958.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    Rules for gasoline vapor control systems must allow flexibility, set safety and measurement standards, and define testing procedures; the listed state agencies must certify compliant systems or components.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41958. To the maximum extent practicable, the rules and regulations adopted pursuant to Sections 41956 and 41957 shall allow flexibility in the design of gasoline vapor control systems and their components. The rules and regulations shall set forth the performance standards as to safety and measurement accuracy and the minimum procedures to be followed in testing the system or component for compliance with the performance standards. The State Fire Marshal, the Division of Occupational Safety and Health, and the Division of Measurement Standards shall certify any system or component which complies with their adopted rules and regulations. Any one of the state agencies may certify a system or component on the basis of results of tests performed by any entity retained by the manufacturer of the system or component or by the state agency. The requirements for the certification of a system or component shall not require that it be tested, approved, or listed by any private entity, except that certification testing regarding recirculation of gasoline shall include testing by an independent testing laboratory. (Amended by Stats. 1982, Ch. 466, Sec. 72.)
  155. 41959.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    Certification testing for gasoline vapor control systems and their components may be done at the same time by the listed state agencies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41959. Certification testing of gasoline vapor control systems and their components by the state board, the State Fire Marshal, the Division of Measurement Standards, and the Division of Occupational Safety and Health may be conducted simultaneously. (Amended by Stats. 1981, Ch. 714.)
  156. 41960.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    Certain certified gasoline vapor recovery systems may be installed statewide, and local or regional authorities generally may not block installation without state-agency concurrence.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960. (a) Certification of a gasoline vapor recovery system for safety and measurement accuracy by the State Fire Marshal and the Division of Measurement Standards and, if necessary, by the Division of Occupational Safety and Health shall permit its installation wherever required in the state, if the system is also certified by the state board. (b) Except as otherwise provided in subdivision (g) of Section 41954, no local or regional authority shall prohibit the installation of a certified system without obtaining concurrence from the state agency responsible for the aspects of the system which the local or regional authority disapproves. (Amended by Stats. 1996, Ch. 426, Sec. 3. Effective January 1, 1997.)
  157. 41960.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    Gasoline vapor control systems must be operated to the applicable standards, inspectors must act when a system fails testing, and a marked component cannot be used until repaired and rechecked or authorized.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960.1. (a) All vapor control systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be operated in accordance with the applicable standards established by the State Fire Marshal or the Division of Measurement Standards pursuant to Sections 41956 to 41958, inclusive. (b) When a sealer or any authorized employee of the Division of Measurement Standards determines, on the basis of applicable test procedures of the division, adopted after public hearing, that an individual system or component for the control of gasoline vapors resulting from motor vehicle fueling operations does not meet the applicable standards established by the Division of Measurement Standards, he or she shall take the appropriate action specified in Section 12506 of the Business and Professions Code. (c) When a deputy State Fire Marshal or any authorized employee of a fire district or local or regional firefighting agency determines that a component of a system for the control of gasoline vapors resulting from motor vehicle fueling operations does not meet the applicable standards established by the State Fire Marshal, he or she shall mark the component “out of order.” No person shall use or permit the use of the component until the component has been repaired, replaced, or adjusted, as necessary, and either the component has been inspected by a representative of the agency employing the person originally marking the component, or the person using or permitting use of the component has been expressly authorized by the agency to use the component pending reinspection. (Added by Stats. 1981, Ch. 902.)
  158. 41960.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

    Verify source ↗

    This section requires certain gasoline vapor control systems to be kept in good working order, marked after repairs by non-original repairers, reviewed for defects by the state board’s executive officer, and posted “Out of Order” when defected components are found.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960.2. (a) All installed systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be maintained in good working order in accordance with the manufacturer’s specifications of the system certified pursuant to Section 41954. (b) Whenever a gasoline vapor recovery control system is repaired or rebuilt by someone other than the original manufacturer or its authorized representative, the person shall permanently affix a plate to the vapor recovery control system that identifies the repairer or rebuilder and specifies that only certified equipment was used. In addition, a rebuilder of a vapor control system shall remove any identification of the original manufacturer if the removal does not affect the continued safety or performance of the vapor control system. (c) (1) The executive officer of the state board shall identify and list equipment defects in systems for the control of gasoline vapors resulting from motor vehicle fueling operations that substantially impair the effectiveness of the systems in reducing air contaminants. The defects shall be identified and listed for each certified system and shall be specified in the applicable certification documents for each system. (2) On or before January 1, 2001, and at least once every three years thereafter, the list required to be prepared pursuant to paragraph (1) shall be reviewed by the executive officer at a public workshop to determine whether the list requires an update to reflect changes in equipment technology or performance. (3) Notwithstanding the timeframes for the executive officer’s review of the list, as specified in paragraph (2), the executive officer may initiate a public review of the list upon a written request that demonstrates, to the satisfaction of the executive officer, the need for such a review. If the executive officer determines that an update is required, the update shall be completed no later than 12 months after the date of the determination. (d) When a district determines that a component contains a defect specified pursuant to subdivision (c), the district shall mark the component “Out of Order.” No person shall use or permit the use of the component until the component has been repaired, replaced, or adjusted, as necessary, and the district has reinspected the component or has authorized use of the component pending reinspection. (e) Where a district determines that a component is not in good working order but does not contain a defect specified pursuant to subdivision (c), the district shall provide the operator with a notice specifying the basis on which the component is not in good working order. If, within seven days, the operator provides the district with adequate evidence that the component is in good working order, the operator shall not be subject to liability under this division. (Amended by Stats. 1999, Ch. 501, Sec. 1. Effective January 1, 2000.)
  159. 41960.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

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    Certain districts must set up a public toll-free complaint line for gasoline vapor control systems, record complaints on a state-board form, and ensure station postings include the complaint number.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960.3. (a) Each district which requires the installation of systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall establish a toll free telephone number for use by the public in reporting problems experienced with the systems. Districts within an air basin or adjacent air basin may enter into a cooperative program to implement this requirement. All complaints received by a district shall be recorded on a standardized form which shall be established by the state board, in consultation with districts, the State Fire Marshal, and the Division of Measurement Standards in the Department of Food and Agriculture. The operating instructions required by Section 41960.4 shall be posted at all service stations at which systems for the control of gasoline vapors resulting from motor vehicle fueling operations are installed and shall include a prominent display of the toll free telephone number for complaints in the district in which the station is located. (b) Upon receipt of each complaint, the district shall diligently either investigate the complaint or refer the complaint for investigation by the state or local agency which properly has jurisdiction over the primary subject of the complaint. When the investigation has been completed, the investigating agency shall take such remedial action as is appropriate and shall advise the complainant of the findings and disposition of the investigation. A copy of the complaint and response to the complaint shall be forwarded to the state board. (Amended by Stats. 1986, Ch. 194, Sec. 1.)
  160. 41960.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

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    Service stations using gasoline vapor control systems must post operating instructions in the gasoline dispensing area.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960.4. The operator of each service station utilizing a system for the control of gasoline vapors resulting from motor vehicle fueling operations shall conspicuously post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel vehicles correctly with vapor recovery nozzles utilized at the station and shall include a warning that repeated attempts to continue dispensing, after the system having indicated that the vehicle fuel tank is full, may result in spillage or recirculation of gasoline. (Added by Stats. 1981, Ch. 902.)
  161. 41960.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

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    A retailer may not let a gasoline pump that dispenses or advertises leaded gasoline operate unless it has a nozzle spout meeting the specified federal requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960.5. (a) No retailer, as defined in Section 20999 of the Business and Professions Code, shall allow the operation of any gasoline pump from which leaded gasoline is dispensed, or which is labeled as providing leaded gasoline, unless the pump is equipped with a nozzle spout meeting the required specifications for leaded gasoline nozzle spouts set forth in Title 40, Code of Federal Regulations, Section 80.22(f)(1). (b) For the purpose of this section, “leaded gasoline” means gasoline which is produced with the use of any lead additive or which contains more than 0.05 gram of lead per gallon or more than 0.005 gram of phosphorus per gallon. (Added by Stats. 1987, Ch. 592, Sec. 2.)
  162. 41960.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

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    Retailers may not let certain fuel pumps operate unless the nozzle has an operating hold open latch, and inoperative latches must be repaired or replaced within 48 hours after notice.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41960.6. (a) No retailer, as defined in subdivision (g) of Section 20999 of the Business and Professions Code, shall, on or after July 1, 1992, allow the operation of a pump, including any pump owned or operated by the state, or any county, city and county, or city, equipped with a nozzle from which gasoline or diesel fuel is dispensed, unless the nozzle is equipped with an operating hold open latch. Any hold open latch determined to be inoperative by the local fire marshal or district official shall be repaired or replaced by the retailer, within 48 hours after notification to the retailer of that determination, to avoid any applicable penalty or fine. (b) For purposes of this section, a “hold open latch” means any device which is an integral part of the nozzle and is manufactured specifically for the purpose of dispensing fuel without requiring the consumer’s physical contact with the nozzle. (c) Subdivision (a) does not apply to nozzles at facilities which are primarily in operation to refuel marine vessels or aircraft. (d) Nothing in this section shall affect the current authority of any local fire marshal to establish and maintain fire safety provisions for his or her jurisdiction. (Added by Stats. 1991, Ch. 468, Sec. 2.)
  163. 41961.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

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    The State Fire Marshal, the Division of Measurement Standards, and the Division of Occupational Safety and Health may charge a reasonable certification fee for gasoline vapor control systems, limited to their estimated costs, and payment can be required as a condition of certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41961. The State Fire Marshal, the Division of Measurement Standards, and the Division of Occupational Safety and Health may charge a reasonable fee for certification of a gasoline vapor control system or a component thereof, not to exceed their respective estimated costs therefor. Payment of the fee may be made a condition of certification. All money collected by the State Fire Marshal pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137, and shall be available to the State Fire Marshal upon appropriation by the Legislature to carry out the purposes of this article. (Amended by Stats. 1992, Ch. 306, Sec. 5. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 306.)
  164. 41962.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. )

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    The state board must set and apply certification procedures for cargo tank vapor recovery systems on gasoline tank vehicles, charge a reasonable certification fee, and send certification copies and decals. People may not operate covered tank vehicles unless certified and compliant; districts generally may not add their own testing, certification, fees, or permits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Gasoline Vapor Control [41950 - 41962] ( Heading of Article 5 amended by Stats. 1976, Ch. 1095. ) ## 41962. (a) Notwithstanding Section 34002 of the Vehicle Code, the state board shall adopt test procedures to determine the compliance of vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline with vapor emission standards which are reasonable and necessary to achieve or maintain any applicable ambient air quality standard. The performance standards and test procedures adopted by the state board shall be consistent with the regulations adopted by the Commissioner of the California Highway Patrol and the State Fire Marshal pursuant to Division 14.7 (commencing with Section 34001) of the Vehicle Code. (b) The state board may test, or contract for testing, the vapor recovery system of any cargo tank of any tank vehicle used to transport gasoline. The state board shall certify the cargo tank vapor recovery system upon its determination that the system, if properly installed and maintained, will meet the requirements of subdivision (a). The state board shall enumerate the specifications used for issuing such certification. After a cargo tank vapor recovery system has been certified, if circumstances beyond control of the state board cause the system to no longer meet the required specifications, the certification may be revoked or modified. (c) Upon verification of certification pursuant to subdivision (b), which shall be done annually, the state board shall send a verified copy of the certification to the registered owner of the tank vehicle, which copy shall be retained in the tank vehicle as evidence of certification of its vapor recovery system. For each system certified, the state board shall issue a nontransferable and nonremovable decal to be placed on the cargo tank where the decal can be readily seen. (d) With respect to any tank vehicle operated within a district, the state board, upon request of the district, shall send to the district, free of charge, a certified copy of the certification and test results of any cargo tank vapor recovery system on the tank vehicle. (e) The state board may contract with the Department of the California Highway Patrol to carry out the responsibilities imposed by subdivisions (b), (c), and (d). (f) The state board shall charge a reasonable fee for certification, not to exceed its estimated costs therefor. Payment of the fee shall be a condition of certification. The fees may be collected by the Department of the California Highway Patrol and deposited in the Motor Vehicle Account in the State Transportation Fund. The Department of the California Highway Patrol shall transfer to the Air Pollution Control Fund the amount of those fees necessary to reimburse the state board for the costs of administering the certification program. (g) No person shall operate, or allow the operation of, a tank vehicle transporting gasoline and required to have a vapor recovery system, unless the system thereon has been certified by the state board and is installed and maintained in compliance with the state board’s requirements for certification. Tank vehicles used exclusively to service gasoline storage tanks which are not required to have gasoline vapor controls are exempt from the certification requirement. (h) Performance standards of any district for cargo tank vapor recovery systems on tank vehicles used to transport gasoline shall be identical with those adopted by the state board therefor and no district shall adopt test procedures for, or require certification of, cargo tank vapor recovery systems. No district may impose any fees on, or require any permit of, tank vehicles with vapor recovery systems. However, nothing in this section shall be construed to prohibit a district from inspecting and testing cargo tank vapor recovery systems on tank vehicles for the purposes of enforcing this section or any rule and regulation adopted thereunder that are applicable to such systems and to the loading and unloading of cargo tanks on tank vehicles. (i) The Legislature hereby declares that the purposes of this section regarding cargo tank vapor recovery systems on tank vehicles are (1) to remove from the districts the authority to certify, except as specified in subdivision (b), such systems and to charge fees therefor, and (2) to grant such authority to the state board, which shall have the primary responsibility to assure that such systems are operated in compliance with its standards and procedures adopted pursuant to subdivision (a). (Amended by Stats. 1982, Ch. 1255, Sec. 2. Operative July 1, 1983, or sooner, by Sec. 27.5 of Ch. 1255.)
  165. 41970.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. )

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    In certain gasoline cargo tank cases, an officer may use a notice to appear instead of criminal penalties, and the court must dismiss charges if proof of correction is timely shown.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. ) ## 41970. (a) As an alternative to the criminal penalties provided in Article 3 (commencing with Section 42400) of Chapter 4 in any case involving a gasoline cargo tank subject to Article 5 (commencing with Section 41950), if it appears that any person has violated any provision of this part, or any order, rule, or regulation of the state board or of a district adopted pursuant to this part, and all of the conditions set forth in subdivision (b) are met and the investigating officer or official decides to initiate enforcement action, he or she may prepare, in triplicate, and the alleged violator shall sign, a written notice to appear containing the following statement: “Cited in accordance with Section 41970 of the Health and Safety Code.” If the arrested person presents, by mail or in person, proof of correction as prescribed in Section 41971 on or before the date on which he or she promised to appear, the court shall dismiss the applicable charges. (b) Use of the notice to appear pursuant to this article is authorized when both of the following conditions exist: (1) The violation does not evidence intentional avoidance or persistent neglect. (2) The violation has not presented and does not present an immediate safety hazard. (Added by Stats. 1980, Ch. 1134.)
  166. 41971.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. )

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    Proof of correction must be shown by a verification under Section 41972 or by certification from an authorized representative of certain agencies that the violation has been corrected.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. ) ## 41971. Proof of correction shall consist either of a verification pursuant to Section 41972 or of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected: (a) The state board. (b) The State Fire Marshal. (c) The district board. (d) The Department of the California Highway Patrol. (Amended by Stats. 1982, Ch. 1255, Sec. 2.3. Operative July 1, 1983, or sooner, by Sec. 27.5 of Ch. 1255.)
  167. 41972.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. )

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    The owner or operator of a gasoline cargo tank must give the issuing agency at least 24 hours’ advance notice before the correction is inspected, and must provide a verification that the violation was corrected. If the agency does not appear for the inspection, the owner or operator must submit the verification under penalty of perjury. The state board must adopt regulations for these verifications.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. ) ## 41972. (a) Proof of correction by verification shall consist of a verification by the owner or operator of the gasoline cargo tank that the alleged violation has been corrected. The owner or operator shall notify the agency which issued the notice to appear at least 24 hours in advance of the time when the correction may be inspected, specifying the location of the gasoline cargo tank. If a representative of the issuing agency fails to appear to make the inspection at the designated place and time, the owner or operator shall prepare and submit a verification under penalty of perjury that the alleged violation has been corrected. The state board shall adopt regulations for the making and submission of verifications pursuant to this section. (Added by Stats. 1980, Ch. 1134.)
  168. 41973.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. )

    Verify source ↗

    A gasoline cargo tank that keeps operating without fixing a cited violation after a notice to appear creates a separate offense for each day.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. ) ## 41973. Each day that a gasoline cargo tank, which is the subject of a notice to appear issued pursuant to this article, is operated without correction of such violation subsequent to the date of the notice shall constitute a separate offense subject to the penalties provided in Article 3 (commencing with Section 42400) of Chapter 4. (Added by Stats. 1980, Ch. 1134.)
  169. 41974.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. )

    Verify source ↗

    Article 3 applies to gasoline cargo tanks subject to Article 5, except as subdivision (b) limits that application.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6. Gasoline Cargo Tanks [41970 - 41974] ( Article 6 added by Stats. 1980, Ch. 1134. ) ## 41974. (a) Except as provided in subdivision (b), Article 3 (commencing with Section 42400) of Chapter 4 shall apply to any gasoline cargo tank subject to Article 5 (commencing with Section 41950). (b) The other provisions of this article shall not apply to any gasoline cargo tank violation of that Article 5 occurring prior to January 1, 1981. (Added by Stats. 1980, Ch. 1134.)
  170. 41980.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. )

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    The Legislature states findings about toxic waste incineration and says its purpose is to study how to keep incineration emissions from endangering public health and welfare while considering its role in reducing landfilling 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. ) ## 41980. The Legislature finds and declares that: (a) Incineration has not been used extensively in California as a means of disposal of toxic waste materials, primarily because of the extensive area available for landfill, the low cost of landfill as a method of disposal, and problems with air pollution. (b) Because problems may result from disposing of certain toxic waste materials in landfills, incineration should be investigated as a method of disposal. (c) Incineration of certain toxic waste materials has the advantage, when compared to disposal by landfill, of breaking down toxic waste materials into harmless compounds or elements. (d) The incineration of certain toxic waste materials can result in the net production of energy, which can help to displace the combustion of fossil fuels and reduce dependence on imported energy supplies. (e) Improper or incomplete incineration of toxic waste materials can result in emissions of compounds in amounts or concentrations which may be hazardous to public health, and hazardous to economically or environmentally significant animal or plant life. Therefore, it is the intent and purpose of the Legislature to investigate the methods of ensuring that emissions from incineration of toxic wastes do not endanger public health and welfare, while determining what appropriate role incineration could play in reducing the landfilling of toxic waste materials in California. (Added by Stats. 1982, Ch. 1474, Sec. 1.)
  171. 41980.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. )

    Verify source ↗

    For this article, “toxic waste” means hazardous waste as defined in Section 25117.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. ) ## 41980.5. For purposes of this article, “toxic waste” means hazardous waste, as defined in Section 25117. (Added by Stats. 1982, Ch. 1474, Sec. 1.)
  172. 41982.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. )

    Verify source ↗

    The state board must create permit-issuance guidelines for incinerating toxic waste materials, after a study, consultations, and public hearings.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. ) ## 41982. The state board shall, after completing the study referred to in Section 41981, in consultation with the affected districts, the Department of Toxic Substances Control, and the Office of Environmental Health Hazard Assessment, and after public hearings, establish guidelines for the issuance of permits by the districts for the incineration of toxic waste materials. The guidelines shall take into consideration factors including, but not limited to, the following: (a) The characteristics of the toxic waste materials to be incinerated. (b) The methods or equipment available to minimize or eliminate the emission of air contaminants. (c) The applicable federal standards, including, but not limited to, the regulations in Part 264 of Title 40 of the Code of Federal Regulations (40 CFR 264) concerning standards for owners and operators of hazardous waste treatment, storage, and disposal facilities. Where the guidelines deviate from the adopted federal standards, the reason for the difference shall be noted by the state board. (Amended by Stats. 2000, Ch. 343, Sec. 19. Effective January 1, 2001.)
  173. 41983.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. )

    Verify source ↗

    Districts may set permit criteria stricter than Section 41982 guidelines, and the article does not limit the Department of Toxic Substances Control’s hazardous-waste authority.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 7. Incineration of Toxic Waste Materials [41980 - 41983] ( Article 7 added by Stats. 1982, Ch. 1474, Sec. 1. ) ## 41983. (a) This article shall not be construed as preventing any district from establishing permit criteria more stringent than the guidelines specified in Section 41982. (b) This article shall not be construed as limiting the authority of the Department of Toxic Substances Control concerning hazardous waste control (Chapter 6.5 (commencing with Section 25100) of Division 20), or any regulations adopted pursuant to those provisions. (Amended by Stats. 2000, Ch. 343, Sec. 20. Effective January 1, 2001.)
  174. 41985.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Indoor Air Cleaning Devices [41985 - 41986] ( Article 8 added by Stats. 2006, Ch. 770, Sec. 1. )

    Verify source ↗

    This section states legislative findings about ozone from indoor air cleaning devices and says the Legislature wants the state board to adopt regulations to reduce ozone emissions from these devices.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Indoor Air Cleaning Devices [41985 - 41986] ( Article 8 added by Stats. 2006, Ch. 770, Sec. 1. ) ## 41985. The Legislature finds and declares all of the following: (a) Ozone is a harmful air pollutant and lung irritant that has serious health impacts at current levels in outdoor air. The state board has determined that each year exposure to ozone results in significant numbers of premature deaths, hospitalizations due to respiratory and cardiac illnesses, emergency room visits for asthma for children under 18 years of age, school absences, and restricted activity days. (b) Ozone exposure poses a serious health hazard, whether exposure is from outdoor or indoor sources. (c) Research has demonstrated that long-term exposure to ozone may permanently damage lung tissue and reduce a person’s breathing ability. (d) According to recent studies, ozone-generating air cleaning devices have produced harmful levels of ozone indoors, up to three times the state outdoor air quality standard of 90 parts per billion within an hour or two of operation. (e) Ozone is not an effective cleaner for indoor air when operated at levels that are safe for human occupation. Independent studies cited by the United States Environmental Protection Agency and the Consumers Union have shown that ozone-generating air cleaning devices do not destroy microbes or reduce indoor air pollutants effectively enough to provide any measurable health benefits. (f) The state board, the State Department of Health Services, and other governmental agencies have issued warnings to advise the public not to use devices that are specifically designed to generate ozone indoors and advertised or marketed as air cleaning devices. (g) Ozone emitted from indoor air cleaning devices poses an unnecessary risk to public health, and, therefore, it is the intent of the Legislature that the state board establish regulations to promote improved public health by restricting ozone emissions generated by these devices. (Added by Stats. 2006, Ch. 770, Sec. 1. Effective January 1, 2007.)
  175. 41985.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Indoor Air Cleaning Devices [41985 - 41986] ( Article 8 added by Stats. 2006, Ch. 770, Sec. 1. )

    Verify source ↗

    This section defines two terms for the article: a federal ozone emissions limit for air cleaning devices, and “medical device.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Indoor Air Cleaning Devices [41985 - 41986] ( Article 8 added by Stats. 2006, Ch. 770, Sec. 1. ) ## 41985.5. For purposes of this article, the following terms have the following meanings: (a) “Federal ozone emissions limit for air cleaning devices” means the level of generation of ozone above which the device would be considered adulterated or misbranded pursuant to Section 801.415 of Title 21 of the Code of Federal Regulations, specifically the generation of ozone at a level in excess of 0.05 part per million by volume of air circulating through the device or causing an accumulation of ozone in excess of 0.05 part per million by volume of air when measured under standard conditions at 25 degrees Celsius (77 degrees Fahrenheit) and 760 millimeters of mercury in the atmosphere of enclosed space intended to be occupied by people for extended periods of time. (b) “Medical device” means “device” as defined in subsection (h) of Section 321 of Title 21 of the United States Code. (Added by Stats. 2006, Ch. 770, Sec. 1. Effective January 1, 2007.)
  176. 41986.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Indoor Air Cleaning Devices [41985 - 41986] ( Article 8 added by Stats. 2006, Ch. 770, Sec. 1. )

    Verify source ↗

    The state board must adopt ozone-control regulations for indoor air cleaning devices by December 31, 2008, and those regulations must include standards, testing, certification, and labeling requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 8. Indoor Air Cleaning Devices [41985 - 41986] ( Article 8 added by Stats. 2006, Ch. 770, Sec. 1. ) ## 41986. (a) On or before December 31, 2008, the state board shall develop and adopt regulations, consistent with federal law, to protect public health from ozone emitted by indoor air cleaning devices, including both medical and nonmedical devices, used in occupied spaces. (b) The regulations shall include all of the following elements: (1) An emission concentration standard for ozone emissions that is equivalent to the federal ozone emissions limit for air cleaning devices. (2) Testing procedures for manufacturers to utilize to determine ozone emissions from devices. In developing the procedures, the state board shall consider existing and proposed testing methods, including, but not limited to, those developed by the American National Standards Institute and Underwriters Laboratory. (3) Certification procedures that enable the state board to verify that an indoor air cleaning device meets the emission concentration standard for ozone emissions using the testing procedures adopted by the state board. (4) (A) Package labeling requirements that indicate that an indoor air cleaning device is certified as meeting the emission concentration standard for ozone emissions. (B) The state board shall consider recommendations of affected industries and the public in developing the labeling requirements. (C) The label for an indoor air cleaning device that is not a medical device shall include the following statement: “This air cleaner complies with the federal ozone emissions limit.” (D) The label for an indoor air cleaning device that is a medical device shall be labeled in compliance with federal law, including Section 801.415 of Title 21 of the Code of Federal Regulations. (c) The regulations may include any or all of the following elements: (1) A ban on the sale of air cleaning devices that exceed the emission concentration standard for ozone emissions from indoor air cleaning devices adopted by the state board. (2) Procedures for authorizing independent laboratories or other approved certification organizations to verify products as meeting the emission concentration standard for ozone emissions from indoor air cleaning devices adopted by the state board. Any authorization shall ensure that verification shall be conducted consistent with the testing procedures adopted by the state board. (3) An exemption for indoor air cleaning devices that, by design, emit de minimis levels of ozone during their operation, as determined by the state board. (4) Any other element the state board determines to be necessary to protect the public health from emissions of ozone from indoor air cleaning devices that exceed the emission concentration standard for ozone emissions from air cleaning devices and are used in occupied spaces. (d) Devices verified by the state board or the United States Food and Drug Administration as meeting the emission concentration standard for ozone emissions from indoor air cleaning devices and the labeling requirements adopted by the state board shall not be subject to further regulatory requirements for ozone pursuant to this article. (e) It is the intent of the Legislature that this section be interpreted and applied in a manner that is consistent with federal law. The regulations adopted by the state board pursuant to this section shall be consistent with federal law. The state board may, to the extent a waiver is required, seek a preemption waiver from the federal government to authorize the state board to adopt regulations that are more stringent than federal law. (Added by Stats. 2006, Ch. 770, Sec. 1. Effective January 1, 2007.)
  177. 41998.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 9.1. Nontoxic Dry Cleaning Incentive Program [41998 - 41999] ( Article 9.1 added by Stats. 2003, Ch. 821, Sec. 2. )

    Verify source ↗

    The state board must charge a per-gallon fee on perchloroethylene manufacturers and importers for dry-cleaning use, with annual increases through 2013, and use the money for specified trust-fund purposes.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 9.1. Nontoxic Dry Cleaning Incentive Program [41998 - 41999] ( Article 9.1 added by Stats. 2003, Ch. 821, Sec. 2. ) ## 41998. (a) (1) The state board shall impose a three dollar ($3.00) per gallon fee on every manufacturer of percholorethylene in the state and on every person that imports perchloroethylene into the state for use in dry cleaning. (2) The amount of the fee imposed pursuant to paragraph (1) shall increase by one dollar ($1.00) per gallon on January 1, 2005, and shall increase by one dollar ($1.00) each subsequent year, until January 1, 2013, inclusive. (b) Moneys generated by the fee imposed pursuant to subdivision (a) shall be deposited in the Nontoxic Dry Cleaning Incentive Trust Fund, which is hereby established in the State Treasury. (c) Moneys deposited in the Nontoxic Dry Cleaning Incentive Trust Fund are available for expenditure by the state board, upon appropriation by the Legislature, to fund the grant program described in Section 41999 and to fund the demonstration project described in subdivision (f) of Section 41999. The state board shall allocate, from the moneys derived from the imposition of the fee pursuant to this section, moneys that it determines are sufficient to fund the demonstration project described in subdivision (f) of Section 41999, and shall utilize the remaining moneys to fund the grant program. (d) Not more than 5 percent of the moneys in the fund, calculated annually, may be utilized by the state board to administer the grant and demonstration programs. (e) The state board shall expend moneys from the fund, upon appropriation by the Legislature, sufficient to repay any General Fund moneys expended to implement the requirements of this article. (Added by Stats. 2003, Ch. 821, Sec. 2. Effective January 1, 2004.)
  178. 41999.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 9.1. Nontoxic Dry Cleaning Incentive Program [41998 - 41999] ( Article 9.1 added by Stats. 2003, Ch. 821, Sec. 2. )

    Verify source ↗

    The state board must run a grant program for dry cleaners using perchloroethylene, award $10,000 grants to eligible operations that fully replace their system, reserve at least 50% of grant money for high-exposure communities, report to the Legislature every three years starting January 1, 2007, and run a demonstration program with 50% matching funds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Emission Limitations [41700 - 41999] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 9.1. Nontoxic Dry Cleaning Incentive Program [41998 - 41999] ( Article 9.1 added by Stats. 2003, Ch. 821, Sec. 2. ) ## 41999. (a) The state board shall develop and establish a grant program that provides incentives for dry cleaners in the state that utilize perchloroethylene in their operations to transition to utilizing dry cleaning systems determined by the state board, in consultation with the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Department of Toxic Substances Control, and any other entity the state board determines to be appropriate, to be nontoxic and nonsmog-forming. (b) To be eligible for a grant pursuant to this section, applicants shall completely replace their perchlorethylene-based dry cleaning system with a system that the state board, in consultation with the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Department of Toxic Substances Control, and any other entity the state board determines to be appropriate, has determined to be nontoxic and nonsmog-forming. The state board shall determine the eligibility of grant recipients. (c) The state board shall make grants available in the amount of ten thousand dollars ($10,000) to any eligible dry cleaning operation for the purchase of a professional dry cleaning system that uses a nontoxic and nonsmog-forming process, as determined by the state board, in consultation with the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Department of Toxic Substances Control, and any other entity the state board determines to be appropriate. (d) The state board shall ensure that at least 50 percent of the grant moneys provided pursuant to this section are awarded in a manner that directly reduces air contaminants or reduces the public health risk associated with air contaminants in communities with the most significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities of minority populations or low-income populations, or both. (e) Commencing January 1, 2007, and every three years thereafter, the state board shall provide a report to the Legislature evaluating the effectiveness of the grant program. (f) The state board shall establish a demonstration program to showcase professional nontoxic and nonsmog-forming dry cleaning technologies in the state. The demonstration program shall require 50 percent matching funds to cover the costs of the demonstration program. Any entity may contribute moneys as matching funds, including, but not limited to, a state or federal agency, an air pollution control district or air quality management district, a public utility district, or a nonprofit entity. Not more than 30 percent of the funds deposited annually in the Nontoxic Dry Cleaning Incentive Trust Fund may be used for the demonstration program. (Amended by Stats. 2011, Ch. 296, Sec. 164. (AB 1023) Effective January 1, 2012.)
  179. 42300.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may create a permit system, and covered activities generally need a permit from the district air pollution control officer before they begin.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42300. (a) Every district board may establish, by regulation, a permit system that requires, except as otherwise provided in Section 42310, that before any person builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance which may cause the issuance of air contaminants, the person obtain a permit to do so from the air pollution control officer of the district. (b) The regulations may provide that a permit shall be valid only for a specified period. However, the expiration date of any permit shall be eligible for extension upon completion of the annual review required pursuant to subdivision (e) of Section 42301 and payment of the fees required pursuant to Section 42311, unless the air pollution control officer or the hearing board has initiated action to suspend or revoke the permit pursuant to Section 42304, 42307, or 42309, that action has resulted in a final determination by the officer or the board to suspend or revoke the permit, and all appeals have been exhausted or the time for appeals from that final determination has been exhausted. (c) The annual extension of a permit’s expiration date pursuant to subdivision (b) does not constitute permit issuance, renewal, reopening, amendment, or any other action subject to the requirements specified in Title V. (Amended by Stats. 1994, Ch. 727, Sec. 4. Effective January 1, 1995.)
  180. 42300.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may issue a consolidated permit, and if a district issues consolidated permits it must set up postconstruction enforcement procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42300.1. (a) A district board may issue a consolidated permit which serves as (1) authority to build, erect, alter, or replace an article, machine, equipment, or contrivance which may cause the issuance of air contaminants, and (2) authority to operate or use that article, machine, equipment, or contrivance. (b) If a district issues consolidated permits, the district shall establish postconstruction enforcement procedures adequate to ensure that sources are built, erected, altered, replaced, and operated or used in the manner required by the consolidated permits. (Added by Stats. 1992, Ch. 1126, Sec. 2. Effective January 1, 1993.)
  181. 42300.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may create a program to certify private environmental professionals to prepare permit applications, and if it does, the program must include certification, training, expedited review, audits, and decertification rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42300.2. A district may establish a program to certify private environmental professionals to prepare permit applications. The program shall provide for all of the following: (a) Certification by the district of private environmental professionals who meet minimum qualifications established by the district and who successfully complete a district or district-approved training program in the methods of preparing permit applications. The training program shall include a description of permit requirements established by the district, as well as any additional requirements established by the district for applications submitted by certified private environmental professionals. (b) Expedited review by district personnel of permit applications that, at the option and expense of the permit applicant, are prepared by a certified private environmental professional. (c) An audit program, including periodic full district review of permit applications prepared by certified private environmental professionals, to determine whether or not district requirements for the preparation of applications have been followed. (d) Decertification of any certified private environmental professional found by the district to have done any of the following: (1) Knowingly or negligently submitted false data as part of a permit application. (2) Prepared any permit application in a manner contrary to district requirements. (3) Prepared a permit application in connection with which the certified private environmental professional has a financial conflict of interest as defined in guidelines which shall be adopted by the district. (Added by Stats. 1992, Ch. 1126, Sec. 3. Effective January 1, 1993.)
  182. 42301.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A permit system under Section 42300 must include rules that protect air quality, block permits when required compliance findings are not made, and control permit transfer and renewal.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301. A permit system established pursuant to Section 42300 shall do all of the following: (a) Ensure that the article, machine, equipment, or contrivance for which the permit was issued does not prevent or interfere with the attainment or maintenance of any applicable air quality standard. (b) Prohibit the issuance of a permit unless the air pollution control officer is satisfied, on the basis of criteria adopted by the district board, that the article, machine, equipment, or contrivance will comply with all of the following: (1) All applicable orders, rules, and regulations of the district and of the state board. (2) All applicable provisions of this division. (c) Prohibit the issuance of a permit to a Title V source if the Administrator of the Environmental Protection Agency objects to its issuance in a timely manner as provided in Title V. This subdivision is not intended to provide any authority to the Environmental Protection Agency to object to the issuance of a permit other than that authority expressly granted by Title V. (d) Provide that the air pollution control officer may issue to a Title V source a permit to operate or use if the owner or operator of the Title V source presents a variance exempting the owner or operator from Section 41701, any rule or regulation of the district, or any permit condition imposed pursuant to this section, or presents an abatement order that has the effect of a variance and that meets all of the requirements of this part pertaining to variances, and the requirements for the issuance of permits to operate are otherwise satisfied. The issuance of any variance or abatement order is a matter of state law and procedure only and does not amend a Title V permit in any way. Those terms and conditions of any variance or abatement order that prescribe a compliance schedule may be incorporated into the permit consistent with Title V and this division. (e) Require, upon annual renewal, that each permit be reviewed to determine that the permit conditions are adequate to ensure compliance with, and the enforceability of, district rules and regulations applicable to the article, machine, equipment, or contrivance for which the permit was issued which were in effect at the time the permit was issued or modified, or which have subsequently been adopted and made retroactively applicable to an existing article, machine, equipment, or contrivance, by the district board and, if the permit conditions are not consistent, require that the permit be revised to specify the permit conditions in accordance with all applicable rules and regulations. (f) Provide for the reissuance or transfer of a permit to a new owner or operator of an article, machine, equipment, or contrivance. An application for transfer of ownership only, or change in operator only, of any article, machine, equipment, or contrivance which had a valid permit to operate within the two-year period immediately preceding the application is a temporary permit to operate. Issuance of the final permit to operate shall be conditional upon a determination by the district that the criteria specified in subdivisions (b) and (e) are met, if the permit was not surrendered as a condition to receiving emission reduction credits pursuant to banking or permitting rules of the district. However, under no circumstances shall the criteria specify that a change of ownership or operator alone is a basis for requiring more stringent emission controls or operating conditions than would otherwise apply to the article, machine, equipment, or contrivance. (Amended by Stats. 1994, Ch. 727, Sec. 5. Effective January 1, 1995.)
  183. 42301.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may issue a temporary permit to operate when needed to ensure compliance before a permit to operate is issued.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.1. Whenever necessary and appropriate to ensure compliance with all applicable conditions prior to issuance of a permit to operate an article, machine, equipment, or contrivance, a district may issue a temporary permit to operate. The temporary permit to operate shall specify a reasonable period of time during which the article, machine, equipment, or contrivance may be operated in order for the district to determine whether it will operate in accordance with the conditions specified in the authority to construct. (Added by Stats. 1988, Ch. 1568, Sec. 28.)
  184. 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    An air pollution control officer may add emission limits, standards, and other requirements to permits for Title V sources when needed to ensure compliance with federal Clean Air Act requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.10. In any district that has a permit system established pursuant to Section 42300, the air pollution control officer may include, in any permit issued to a Title V source, emission limits, standards, and other requirements that ensure compliance with all federal Clean Air Act “applicable requirements,” as that term is defined in regulations adopted by the Environmental Protection Agency pursuant to Title V, including those requirements specified in an applicable implementation plan as defined by Section 7602(q) of Title 42 of the United States Code, and Parts C (42 U.S.C. Sec. 7470 et seq.) and D (42 U.S.C. Sec. 7501 et seq.) of Title 1 of the Clean Air Act. (Added by Stats. 1993, Ch. 1166, Sec. 8. Effective January 1, 1994.)
  185. 42301.11.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Districts are directed to implement Title V in a way that gives sources as much time as feasible to apply for permits and allows compliant emission-monitoring alternatives when available.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.11. It is the intent of the Legislature that, in addition to their responsibilities and obligations under state and federal law, in implementing Title V, districts do all of the following, to the extent feasible: (a) Develop, in recognition that districts are obligated to issue one-third of the Title V permits within one year of the Title V program’s approval by the Environmental Protection Agency, and in recognition that sources are allowed one year to submit a Title V permit application, an equitable program for ensuring that all sources receive as much time as feasible to develop and submit permit applications. In developing the program the districts shall recognize the complexity and size of the facilities, the number and similarity of facilities within each industry category, the level of effort required to develop the permit application, and the resources available to complete the application. The districts should also consider potential incentive programs to promote voluntary early permit application submissions. (b) Consider the advantages and disadvantages of including the permit shield authorized by subsection (f) of Section 70.6 of Title 40 of the Code of Federal Regulations in all Title V permits to clarify the federal compliance responsibilities of Title V sources. (c) Consistent with state and federal regulations, allow the use of emission monitoring alternatives, when available and having the accuracy required to ensure enforcement and compliance, in lieu of the use of continuous emission monitors. (d) Encourage the issuance of Title V permits for five-year terms. (Amended by Stats. 1994, Ch. 727, Sec. 6. Effective January 1, 1995.)
  186. 42301.12.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District permit systems for Title V sources must minimize burden and follow listed permit-program requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.12. (a) Any district permit system or permit provision established by a district board to meet the requirements of Title V shall, consistent with federal law, minimize the regulatory burden on Title V sources and the district and shall meet all of the following criteria: (1) Apply only to Title V sources. (2) Issue permits pursuant to Title V only after the Environmental Protection Agency has approved the district’s Title V permit program. (3) Identify in the permit, to the greatest extent feasible, permit terms and conditions which are federally enforceable and those which are not federally enforceable. A district shall make that identification by either of the following means: (A) Identifying in the permit the terms and conditions that are federally enforceable because they are imposed pursuant to a federal requirement or because the source has requested the terms and conditions and federal enforceability thereof and the permitting district has not determined that the request does not meet all applicable federal requirements and guidelines. (B) Identifying in the permit the terms and conditions which are imposed pursuant to state law or district rules and are not federally enforceable. Districts may further identify those terms and conditions of the permit which are not federally enforceable, but which have been included in the permit to enforce district rules adopted by the district to meet federal requirements. (4) Utilize, to the extent reasonably feasible, general permits and similar methods to reduce source and district permitting burdens for Title V sources. (5) Establish clear and simple application completeness criteria. (6) To the extent feasible, minimize the burden of federally mandated paperwork such as recordkeeping and reporting documents. (7) Allow sources maximum flexibility in selecting cost-effective, reliable, and representative monitoring methods consistent with applicable state and federal requirements. (8) If a permit is required to be reopened to comply with Title V requirements, base the reopening upon the federal criteria for reopening and limit the reopening to only the federal component of the Title V permit. This paragraph is not intended to limit in any way the authority under state law to reopen permits. (9) Authorize administrative permit amendments and minor permit modifications as required by federal law. (10) Provide that, unless the district determines that a Title V application is not complete within 60 days of receipt of the application, the application shall be deemed to be complete. (11) Authorize, to the extent consistent with existing state law, mandatory operational flexibility provisions required pursuant to Part 70 (commencing with Section 70.1) of Title 40 of the Code of Federal Regulations, and consider optional operational flexibility provisions established pursuant to Part 70 (commencing with Section 70.1) of Title 40 of the Code of Federal Regulations. Nothing in this paragraph is intended to affect whatsoever any pending litigation. (12) Make every reasonable effort, in partnership with Title V sources and the state board, to evaluate and respond to the substance of any objection to a proposed permit and to obtain expeditious approval of Title V permits submitted to the Environmental Protection Agency. (Amended by Stats. 1996, Ch. 984, Sec. 2. Effective September 27, 1996.)
  187. 42301.13.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may not require emission offsets or credits for demolition or removal of a stationary source, and a portable emissions unit may be relocated within the same air basin only if notice and permit-comparability requirements 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.13. (a) Notwithstanding any other provision of law, a district shall not require, as part of its permit system or otherwise, that any form of emission offset or emission credit be provided to offset emissions resulting from any activity related to, or involved in, the demolition or removal of a stationary source. (b) (1) Notwithstanding any other provision of law regulating a district permit system, an owner or operator of an existing portable emissions unit may relocate that equipment within the same air basin if both of the following requirements are met: (A) The owner or operator provides, not less than 30 days prior to the date that the equipment is relocated, written notice to the district with jurisdiction over the location to which the equipment is relocated, and any additional notice required by federal law. (B) The existing permit conditions are at least as stringent as the permit requirements in the district with jurisdiction over the location to which the equipment is relocated. (2) For purposes of this subdivision, “portable emissions unit” means any article, machine, or other contrivance, including an internal combustion engine, that meets all of the following criteria: (A) Emits or may emit, or results in the emission of, any air contaminant. (B) Either by itself, or as part of another piece of equipment, is designed to be, and is capable of, being moved from one location to another. (C) Must be periodically moved from one location to another because of the nature of the operation in which it is used. (c) Any equipment that is relocated pursuant to subdivision (b) remains subject to all previously imposed permit terms and conditions. If the permitted equipment that is relocated is placed into substantially the same service that it was placed into at its previous location, a district shall not impose any new permit terms or conditions on that equipment, except site-specific terms and conditions or public notice requirements. (Added by Stats. 1996, Ch. 284, Sec. 1. Effective January 1, 1997.)
  188. 42301.15.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Each district must adopt an expedited permitting program for certain power and energy facilities, and the Independent System Operator and the Public Utilities Commission must provide information when a district requests it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.15. Each district shall adopt an expedited program for the permitting of standby electrical generation facilities, distributed generation facilities, geothermal facilities, including wells, and, where applicable, natural gas transmission facilities, that ensures those facilities will be operated in a manner that protects public health and air quality. Upon request by a district, the Independent System Operator and the Public Utilities Commission shall provide any information necessary, as determined by the district, to implement this section. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 2. Effective May 22, 2001.)
  189. 42301.16.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District permit systems must require permits for agricultural air pollution sources, with specified findings-based exceptions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.16. (a) In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section 42300 shall ensure that any agricultural source that is required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal Clean Air Act is required by district regulation to obtain a permit in a manner that is consistent with the federal requirements. (b) Except as provided in subdivision (c), a district shall require an agricultural source of air pollution to obtain a permit unless it makes all of the following findings in a public hearing: (1) The source is subject to a permit requirement pursuant to Section 40724.6. (2) A permit is not necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to the violation of a state or federal ambient air quality standard. (3) The requirement for the source or category of sources to obtain a permit would impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution. (c) Prior to requiring a permit for an agricultural source of air pollution 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, but excluding fugitive dust, a district shall, in a public hearing, make all of the following findings: (1) The source is not subject to a permit requirement pursuant to Section 40724.6. (2) A permit is necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to a violation of a state or federal ambient air quality standard. (3) 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. (Amended by Stats. 2015, Ch. 303, Sec. 322. (AB 731) Effective January 1, 2016.)
  190. 42301.17.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district may create a regulation-based program that waives permits for certain agricultural air pollution sources if required emissions-reduction steps 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 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.17. (a) A district may adopt by regulation a program under which the district does not require a permit to be obtained by an agricultural source of air pollution that the district may otherwise require to obtain a permit if the owner or operator of the source has taken the following actions to reduce emissions from the source: (1) Removed all internal combustion engines used in the production of crops or the raising of fowl or animals, except an engine that is used to propel implements of husbandry, at the source and replaced them with engines that meet or exceed the most stringent standards adopted by the state board and the United States Environmental Protection Agency for new internal combustion engines. (2) Reduced or mitigated emissions from all agricultural activities, including, but not limited to, tilling, discing, cultivation, the raising of livestock and fowl, and similar activities, to a level that the district determines does not cause, or contribute to, a violation of a state or federal ambient air standard, toxic air contaminant, or other air emission limitation. (3) Reduced or mitigated all emissions from any farm equipment, underground petroleum fuel tanks, or other similar equipment used in agricultural activities to a level that the district determines does not cause or contribute to a violation of a state or federal ambient air standard, toxic air contaminant, or other air emission limitation. (4) Complied with any other conditions required by state or federal law or district rule or regulation for the source. (b) Subdivision (a) does not apply to those permits required to be issued pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.). (Added by Stats. 2003, Ch. 479, Sec. 10. Effective January 1, 2004.)
  191. 42301.18.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain pre-2004 agricultural sources must be treated as existing sources for permit purposes, and districts may not require emissions offsets in the stated circumstances.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.18. (a) Any agricultural source that existed prior to January 1, 2004, that becomes subject to a permit requirement pursuant to a district rule or regulation that was adopted prior to that date shall be permitted as an existing source and not as a new source. (b) Any agricultural source that is an existing source pursuant to subdivision (a) shall be permitted by the district based upon its maximum potential to emit air contaminants, to the extent that level can be determined, as of January 1, 2004. (c) A district may not require an agricultural source to obtain emissions offsets for criteria pollutants for that source if emissions reductions from that source would not meet the criteria for real, permanent, quantifiable, and enforceable emission reductions. (Added by Stats. 2003, Ch. 479, Sec. 11. Effective January 1, 2004.)
  192. 42301.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district must not require emission offsets for certain emission increases caused by installing or using emission control equipment to meet air-emission requirements, unless the change also increases the unit’s capacity.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.2. A district shall not require emission offsets for any emission increase at a source that results from the installation, operation, or other implementation of any emission control device or technique used to comply with a district, state, or federal emission control requirement, including, but not limited to, requirements for the use of reasonably available control technology or best available retrofit control technology, unless there is a modification that results in an increase in capacity of the unit being controlled. (Added by Stats. 1996, Ch. 771, Sec. 5. Effective January 1, 1997.)
  193. 42301.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Districts must streamline permit processing for certain air pollution control projects, and applicants must provide specified information before permits are deemed complete or approved.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.3. (a) It is the intent of the Legislature that districts expedite permits for the installation of air pollution control equipment. (b) (1) This section applies only to air pollution control projects at existing sources, where the project is necessary to comply with emission standards or limitations imposed by law, including, but not limited to, district regulations. (2) This section does not apply to air pollution control requirements applicable to new or modified sources that are not air pollution control projects necessary to comply with emission standards or limitations imposed by law. However, this section applies to the permitting of air pollution control projects necessary to comply with emission standards or limitations imposed by law that are intended to reduce emissions of one or more pollutants that may or may not result in an increase in emissions of a different pollutant or pollutants. (c) Each district shall prepare, with input from the regulated community, a list of permitting criteria that identifies streamlined permit application requirements for each type of mandated air pollution control project. The list shall be consistent with the requirements of this section but may also include general facility information, a general description of the equipment affected by the air pollution control project, and specific information regarding the pollution control equipment or operational changes that will reduce emissions. (d) (1) Within 30 days of the date that the applicant submits the information specified in paragraph (2), the district shall commence evaluation and deem the application complete, subject to the final as-built design submittal being consistent with the preliminary engineering and design information specified in subparagraph (B) of paragraph (2), for the purpose of issuing a permit to construct. Notwithstanding the limitations of Sections 65944, 65950, and 65952 of the Government Code, if final design information results in a material change in the permit evaluation that was based on the preliminary submittal, the application shall undergo a new evaluation based on the final design and the district shall promptly notify the applicant of any further information that is necessary to complete the evaluation. (2) Prior to the district deeming the application complete pursuant to paragraph (1), the applicant shall provide the following information: (A) The information specified in the list prepared pursuant to subdivision (c). (B) Either of the following: (i) Preliminary engineering and design information or other technical equipment specification data reasonably available during the initial design phase. (ii) The manufacturer’s performance warranty and the associated preliminary engineering data on which the bidding documents for the contract with the manufacturer were based. (C) Any reasonably required information regarding an air contaminant for which emissions will increase as a result of installation of the air pollution control project. (D) Any information necessary to make the application complete with respect to any federal requirement adopted or promulgated pursuant to the Clean Air Act (42 U.S.C. Sec. 7401 et seq.) that applies to the air pollution control project. (e) Prior to the final approval of the applicant’s permit to operate, the applicant shall provide the district with final engineering and design information and other data reasonably necessary to ensure compliance with applicable emission limitations. The information may be based on source test results and other operating data available after startup and shakedown of the control equipment. Once the applicant has provided the information specified in this subdivision, and the final design is consistent with the preliminary design data specified in subparagraph (B) of paragraph (2) of subdivision (d) for purposes of permit evaluation, the district shall deem the application complete for the purpose of issuing a permit to operate. (f) (1) For projects subject to this section for which the use of continuous emission monitoring systems is required, the air quality permit conditions that relate to emissions monitored by the continuous emission monitoring systems shall be sufficient for measurements and reporting as required to meet the specified emission limit as required by the rule or regulation. (2) Nothing in this subdivision is intended to limit the applicability of standards or limitations or monitoring requirements set forth in any rule or regulation. (g) (1) An applicant may petition the district hearing board for a variance from a requirement to install air pollution control equipment or to meet a more stringent emission standard or limitation if there is a delay in the approval of the permit to construct or permit to operate for projects under this section. The finding required by paragraph (2) of subdivision (a) of Section 42352 shall be met if the hearing board finds that the delay is not due to the lack of due diligence on the part of the applicant in the permit process, and the delay results in the inability of the applicant to legally comply with the requirement or schedule that requires the installation and operation of air pollution control equipment or achievement of a more stringent emission standard or limitation. The findings required by paragraphs (3), (4), and (5) of subdivision (a) of Section 42352 shall not apply to a variance granted pursuant to this paragraph. Paragraph (6) of subdivision (a) of Section 42352 shall apply to a variance granted pursuant to this paragraph. However, if the district requests that the applicant monitor or otherwise quantify emission levels from the source during the term of the variance pursuant to paragraph (6) of subdivision (a) of Section 42352, that monitoring or quantification required in connection with the variance shall be limited to any monitoring or quantification already being performed for the source for which the pollution control project is required. No variance shall be granted unless the hearing board makes the findings as specified in this subdivision. The hearing board shall not impose any excess emission fees in connection with the grant of the variance. In determining the term of the variance, the hearing board shall consider the period of time that the delay was not due to the lack of due diligence on the part of the applicant. (2) For purposes of this subdivision, “due diligence” means that all of the following conditions exist: (A) The air pollution control project proposed by the applicant was reasonably expected to achieve compliance with the pertinent emission standard or limitation. (B) The applicant submitted the permit application in sufficient time for the district to act on the application and for the applicant to complete the project in accordance with the deadline. (C) The applicant responded in a reasonable time to requests for additional information needed by the district to process the application or prepare any necessary environmental analyses. (D) The district has not denied or proposed to deny the application on the basis of the project’s inability to meet district permit requirements consistent with this section. (E) During the term of the variance, the applicant will take practicable steps to ensure completion of the project as expeditiously as possible after issuance of the permit. (3) Paragraph (1) shall not limit the authority of a district to require emissions monitoring or quantification under any other applicable provision of law. (4) Nothing in this subdivision shall be interpreted as authorizing a hearing board to grant a variance from any requirement for a permit to build, alter, erect, or replace any air pollution control equipment included in a project subject to this section. (h) If a supplemental or other environmental impact report or other environmental assessment is required for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and the district is the lead agency, the district shall prepare and act upon the report or assessment and the permit to construct concurrently in order to streamline the approval process. However, the district shall be required to take that concurrent action only if the applicant has submitted the information required by this section to allow the district to streamline the approval process. (i) For purposes of this section, “material change” means a change that would result in a material impact on the level of emission calculated. (Amended by Stats. 1994, Ch. 720, Sec. 1. Effective January 1, 1995.)
  194. 42301.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Certain emitters must follow emissions-reduction regulations set by the state board or a district, and covered facilities in nonattainment areas must also follow later district emissions rules tied to an authority to construct.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.5. (a) Any article, machine, equipment, or contrivance that may emit into the ambient air any toxic air contaminant identified pursuant to Section 39662 shall comply with any regulation adopted by the state board or a district requiring a reduction in emissions of that contaminant or chemical from the article, machine, equipment, or contrivance consistent with a reasonable schedule of compliance, as determined by the state board or the district. (b) (1) Any article, machine, equipment, or contrivance that is located within a district that is designated by the state board as a nonattainment area for any national ambient air quality standard and for which an authority to construct is issued on or after January 1, 1988, shall comply with any district regulation that is adopted after December 31, 1982, and that requires a reduction in emissions of any air pollutant, including any precursor of an air pollutant, that interferes with the attainment of the standard, from that article, machine, equipment, or contrivance consistent with a reasonable schedule of compliance, as determined by the district. (2) In determining a schedule of compliance under this subdivision, the district shall consider the extent to which the proposed schedule will adversely affect the ability of the facility owner or operator to amortize the capital costs of pollution control equipment purchased within the preceding five years. (Amended by Stats. 2000, Ch. 890, Sec. 39. Effective January 1, 2001.)
  195. 42301.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Before approving certain permit applications for hazardous air emissions near a schoolsite, the air pollution control officer must give public notice and follow notice, comment, and mailing procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.6. (a) Prior to approving an application for a permit to construct or modify a source that emits hazardous air emissions, and that source is located within 1,000 feet from the outer boundary of a schoolsite, the air pollution control officer shall prepare a public notice in which the proposed project or modification for which the application for a permit is made is fully described. The notice may be prepared whether or not the material is or would be subject to subdivision (a) of Section 25536, if the air pollution control officer determines and the administering agency concurs that hazardous air emissions of the material may result from an air release, as defined by Section 44303. The notice may be combined with any other notice on the project or permit that is required by law. (b) The air pollution control officer shall, at the permit applicant’s expense, distribute or mail the public notice to the parents or guardians of children enrolled in a school that is located within one-quarter mile of the proposed new or modified source and to each address within a radius of 1,000 feet of the source at least 30 days prior to the date final action on the application is to be taken by the officer. The officer shall review and consider all comments received during the 30 days after the notice is distributed, and shall include written responses to the comments in the permit application file prior to taking final action on the application. (1) Notwithstanding Section 49073 of the Education Code, or any other law, the information necessary to mail notices required by this section shall be made available by the school district to the air pollution control officer. (2) Nothing in this subdivision precludes, at the discretion of the air pollution control officer and with the permission of the school, the distribution of the notices to the children to be given to their parents or guardians. (c) Notwithstanding subdivision (b), an air pollution control officer may require the applicant to distribute the notice if the district had such a rule in effect prior to January 1, 1989. (d) The requirements for public notice pursuant to subdivision (b) or a district rule in effect prior to January 1, 1989, are fulfilled if the air pollution control officer or applicant responsible for giving the notice makes a good faith effort to follow the procedures prescribed by law for giving the notice, and, in these circumstances, failure of a person to receive the notice shall not affect the validity of a permit subsequently issued by the officer. (e) This section shall not be deemed to limit an existing authority of a district. (f) An applicant for a permit shall certify whether the proposed new or modified source is located within 1,000 feet of a schoolsite. Misrepresentation of this fact may result in the denial of a permit. (g) The notice requirements of this section shall not apply if the air pollution control officer determines that the application to construct or modify a source will result in a reduction or equivalent amount of air contaminants, as defined in Section 39013, that are hazardous air emissions. (h) As used in this section, “hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the state board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from a substance identified in subdivisions (a) to (f), inclusive, of Section 44321. (i) (1) For the purposes of this section, a district may send a required notice electronically instead of by mail. (2) A district shall send a notice by mail to any person who has requested the notices to be sent by mail. (3) If a district does send a public notice electronically pursuant to paragraph (1), the district board shall adopt, and update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address. (Amended by Stats. 2018, Ch. 59, Sec. 3. (SB 1502) Effective January 1, 2019.)
  196. 42301.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    If an air pollution control officer identifies a foreseeable air-release threat near a school, the officer must notify the administering agency and the school’s fire department within 24 hours. The administering agency and the officer may also take specified emergency steps, including plan review, required modifications, plan filing, and immediate orders, with some actions requiring written concurrence.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.7. (a) If the air pollution control officer determines there is a reasonably foreseeable threat of a release of an air contaminant from a source within 1,000 feet of the boundary of a school that would result in a violation of Section 41700 and impact persons at the school, the officer shall, within 24 hours, notify the administering agency and the fire department having jurisdiction over the school. (b) The administering agency may, in responding to a reasonably foreseeable threat of a release, do any of the following: (1) Review the facility’s risk management and prevention plan prepared pursuant to Section 25534 to determine whether the program should be modified, and, if so, require submission of appropriate modifications. Notwithstanding any other provision of law, the administering agency may order modification and implementation of a revised risk management and prevention plan at the earliest feasible date. (2) If the facility has not filed a risk management and prevention plan with the administering agency, require the preparation and submission of a plan to the administering agency pursuant to Section 25534. Notwithstanding any other provision of law, the administering agency may require the filing of a risk management and prevention plan and its implementation at the earliest feasible date. (c) The air pollution control officer may, in responding to a reasonably foreseeable threat of a release, do any of the following: (1) If necessary, issue an immediate order to prevent the release or mitigate the reasonably foreseeable threat of a release in violation of Section 41700 pending a hearing pursuant to Section 42450 when there is a substantial probability of an injury to persons at a school resulting from a release that makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate that injury. The officer may not issue such an order unless there is written concurrence to issue the order by a representative of the administering agency. (2) Apply to the district board for issuance of an order for abatement pursuant to Section 42450. (d) Nothing in this section limits any existing authority of any district. (Added by Stats. 1988, Ch. 1589, Sec. 9.)
  197. 42301.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    If a school principal or authorized representative makes a request for good cause, the district must respond and notify the administering agency and the fire department within 24 hours. The administering agency must also notify the district within 24 hours after receiving the request.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.8. Upon receiving a request, for good cause, from the principal or an authorized representative of the principal of a school, the district shall, within 24 hours, respond to the request and notify the administering agency and the fire department having jurisdiction over the school. The administering agency, upon receiving such a request, shall notify the district within 24 hours. (Added by Stats. 1988, Ch. 1589, Sec. 10.)
  198. 42301.9.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    This section defines “school,” “air contaminant,” “administering agency,” and “handle” for use in Sections 42301.5 to 42301.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42301.9. For the purposes of Sections 42301.5 to 42301.8, inclusive: (a) “School” means any public or private school used for purposes of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. (b) “Air contaminant” means any contaminant defined pursuant to Section 39013. (c) “Administering agency” means an agency designated pursuant to Section 25502. (d) “Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code. (Amended by Stats. 2000, Ch. 890, Sec. 40. Effective January 1, 2001.)
  199. 42302.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    A denied permit applicant may ask the district hearing board for a hearing within 30 days after receiving the denial notice.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42302. An applicant for a permit that has been denied may request, within 30 days after receipt of the notice of the denial, the hearing board of the district to hold a hearing on whether the permit was properly denied. (Amended by Stats. 1999, Ch. 643, Sec. 11. Effective January 1, 2000.)
  200. 42302.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. )

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    An aggrieved participant may ask the district hearing board for a public hearing about whether a permit was properly issued, and the board must hold the hearing and decide within 30 days, except as otherwise provided by the cited 1993 statute.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Permits [42300 - 42316] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 42302.1. Within 30 days of any decision or action pertaining to the issuance of a permit by a district, or within 30 days after mailing of the notice of issuance of the permit to any person who has requested notice, or within 30 days of the publication and mailing of notice provided for in Section 1 of Chapter 1131 of the Statutes of 1993, any aggrieved person who, in person or through a representative, appeared, submitted written testimony, or otherwise participated in the action before the district may request the hearing board of the district to hold a public hearing to determine whether the permit was properly issued. Except as provided in Section 1 of Chapter 1131 of the Statutes of 1993, within 30 days of the request, the hearing board shall hold a public hearing and shall render a decision on whether the permit was properly issued. (Amended by Stats. 1999, Ch. 643, Sec. 12. Effective January 1, 2000.)

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