Health and Safety Code — Part 70 | HSC — United States — California law | Esheria

Health and Safety Code

Part 70 of 87 · provisions 13,801–14,000

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. 42303.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957.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 air pollution control officer may, at any time, require a permit applicant or holder to provide information, analyses, plans, or specifications about air contaminants from the source.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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. ) ## 42303. An air pollution control officer, at any time, may require from an applicant for, or the holder of, any permit provided for by the regulations of the district board, such information, analyses, plans, or specifications which will disclose the nature, extent, quantity, or degree of air contaminants which are, or may be, discharged by the source for which the permit was issued or applied. (Added by Stats. 1975, Ch. 957.)
  2. 42303.2.

    ## 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. )

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    An air pollution control officer may require certain suppliers or distributors to disclose customer and chemical information, and those suppliers or distributors must provide it. The information is generally confidential, and district officers or contractors who improperly disclose protected information can commit a misdemeanor and face jail time or a fine.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42303.2. (a) (1) An air pollution control officer, at any time, may, for the purpose of permitting or enforcement actions, require from the in-state or out-of-state supplier, wholesaler, or distributor of volatile organic compounds or chemical substances the use of which results in air contaminants subject to regulation or enforcement by the district, customer lists and chemical types and quantities of those compounds and substances as specified by the district pursuant to subdivision (b) that are purchased by, or on order for, a specified source operator within the district. (2) The supplier, wholesaler, or distributor shall disclose the information required pursuant to this section to the district. (b) Prior to implementing subdivision (a), an air pollution control officer shall prepare a comprehensive list of volatile organic compounds or chemical substances, the use of which results in the emission of air contaminants that are subject to regulation or enforcement by the district. (c) (1) Any officer or employee of the district or of a district contractor, or former officer or employee, who, by virtue of that employment or official position has possession of, or has access to, any confidential information that is a trade secret, customer list, or supplier name acquired pursuant to this section, and who, knowing that the disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor punishable by a six month county jail term and a fine not to exceed one thousand dollars ($1,000). (2) Any officer or employee of the district or of a district contractor, or former officer or employee, who, by virtue of that employment or official position has possession of, or has access to, any other confidential information acquired pursuant to this section, and who, knowing that the disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor punishable by a 10-day county jail term or a fine not to exceed five hundred dollars ($500). (d) The penalties provided in subdivision (c) shall be in addition to any existing civil penalties and remedies available under the law. (e) Except for the purposes of any enforcement or permit action, and except for information obtained from an independent source, all information received or compiled by an air pollution control officer from a supplier, wholesaler, or distributor pursuant to subdivision (a) is confidential for the purposes of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, and shall not be disclosed. (Amended by Stats. 2021, Ch. 615, Sec. 261. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  3. 42303.5.

    ## 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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    A person must not knowingly make false statements in a permit application or in related materials submitted with the application or on request of the 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 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. ) ## 42303.5. No person shall knowingly make any false statement in any application for a permit, or in any information, analyses, plans, or specifications submitted in conjunction with the application or at the request of the air pollution control officer. (Added by Stats. 1976, Ch. 1063.)
  4. 42304.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 district air pollution control officer may suspend a permit if the permit holder willfully fails to provide requested information, analyses, plans, or specifications within a reasonable time, and must give written notice of the suspension and reasons.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42304. If, within a reasonable time, the holder of any permit issued by a district board willfully fails and refuses to furnish the information, analyses, plans, or specifications requested by the district air pollution control officer, such officer may suspend the permit. Such officer shall serve notice in writing of such suspension and the reasons therefor on the permittee. (Added by Stats. 1975, Ch. 957.)
  5. 42305.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    The air pollution control officer must reinstate a suspended permit once all requested information, analyses, plans, and specifications are provided.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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. ) ## 42305. The air pollution control officer shall reinstate a suspended permit when furnished with all the requested information, analyses, plans, and specifications. (Added by Stats. 1975, Ch. 957.)
  6. 42306.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    After receiving a suspension notice, the permittee may ask the district hearing board to hold a hearing on whether the permit was properly suspended.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42306. Within 10 days after receipt of the notice of suspension pursuant to Section 42304, the permittee may request the hearing board of the district to hold a hearing on whether or not the permit was properly suspended. (Added by Stats. 1975, Ch. 957.)
  7. 42307.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 air pollution control officer may ask the district hearing board to hold a hearing about revoking a permit if the permit holder is violating applicable district rules or this division.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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. ) ## 42307. An air pollution control officer may request the hearing board of the district to hold a hearing to determine whether a permit should be revoked, if he finds that the holder of the permit is violating any applicable order, rule, or regulation of the district or any applicable provision of this division. (Added by Stats. 1975, Ch. 957.)
  8. 42308.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    The hearing board must hold a hearing within 30 days after a hearing is requested under specified sections.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42308. Within 30 days after a hearing has been requested pursuant to Section 42302, 42306, or 42307, the hearing board shall hold a hearing pursuant to Chapter 8 (commencing with Section 40800) of Part 3. (Added by Stats. 1975, Ch. 957.)
  9. 42309.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    After a hearing, the hearing board may grant, continue, remove, reinstate, or revoke permits, including revoking a permit for listed grounds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42309. After a hearing, the hearing board may do any of the following: (a) Grant a permit denied by the air pollution control officer. (b) Continue the suspension of a permit suspended by the air pollution control officer. (c) Remove the suspension of an existing permit invoked by the air pollution control officer pending the furnishing by the permittee of the information, analyses, plans, and specifications required. (d) Find that no violation exists and reinstate an existing permit. (e) Revoke an existing permit, if it finds any of the following: (1) The permittee has failed to correct any conditions required by the air pollution control officer. (2) A refusal of a permit would be justified. (3) Fraud or deceit was employed in the obtaining of the permit. (4) Any violation of this part, or of any order, rule, or regulation of the district. (Added by Stats. 1975, Ch. 957.)
  10. 42310.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    No permit is required for certain listed vehicles, dwellings, incinerators, barbecue equipment, and some repairs or 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 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. ) ## 42310. (a) A permit shall not be required for any of the following: (1) Any vehicle. (2) Any structure designed for and used exclusively as a dwelling for not more than four families. (3) An incinerator used exclusively in connection with a structure described in paragraph (2). (4) Barbecue equipment that is not used for commercial purposes. (5) (A) Repairs or maintenance not involving structural changes to any equipment for which a permit has been granted. (B) As used in this paragraph, maintenance does not include operation. (b) Nothing in this section shall affect any requirements imposed on a district or a source of air pollution, including, but not limited to, an agricultural source, pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (Amended by Stats. 2009, Ch. 140, Sec. 114. (AB 1164) Effective January 1, 2010.)
  11. 42310.5.

    ## 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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    A permit for operating equipment at an asphalt plant stays valid for a new operator if specified 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 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. ) ## 42310.5. (a) Notwithstanding any provision of any district permit system, including the south coast district permit system, any permit issued for the operation of equipment at an asphalt plant shall be valid for operation of the equipment by another operator if all of the following conditions are met: (1) The permitted operator has given the new operator a copy of the operating permit. (2) The permitted operator has filed, with the district, a copy of the operating permit attached to a signed statement from the new operator agreeing to comply with the terms of the permit. (3) The permitted operator has paid a reasonable administrative fee as determined by the district. (b) If the operation of the equipment by the new operator results in a violation of any state law or rule or regulation of the state board or district adopted pursuant to this division, the liability for the violation shall be determined based upon whether the conduct of the permitted operator or the new operator, or both, caused the violation. (Added by Stats. 1987, Ch. 183, Sec. 1.)
  12. 42311.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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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    District boards may set permit-related annual fees by regulation, but the fees are capped and applicants must pay the scheduled fees.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42311. (a) A district board may adopt, by regulation, a schedule of annual fees for the evaluation, issuance, and renewal of permits to cover the cost of district programs related to permitted stationary sources authorized or required under this division that are not otherwise funded. The fees assessed under this section shall not exceed, for any fiscal year, the actual costs for district programs for the immediately preceding fiscal year with an adjustment not greater than the change in the annual California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code, for the preceding year. Any revenues received by the district pursuant to the fees, which exceed the cost of the programs, shall be carried over for expenditure in the subsequent fiscal year, and the schedule of fees shall be changed to reflect that carryover. Every person applying for a permit, notwithstanding Section 6103 of the Government Code, shall pay the fees required by the schedule. Nothing in this subdivision precludes the district from recovering, through its schedule of annual fees, the estimated reasonable costs of district programs related to permitted stationary sources. (b) The district board may require an applicant to deposit a fee in accord with the schedule adopted pursuant to subdivision (a) prior to evaluating a permit application, if the district accounts for the costs of its services and refunds to the applicant any significant portion of the deposit which exceeds the actual, reasonable cost of evaluating the application. (c) Except as provided in Section 42313, all the fees shall be paid to the district treasurer to the credit of the district. (d) This section does not apply to the south coast district board which is governed by Section 40510. (e) In addition to providing notice as otherwise required, before adopting a regulation establishing fees pursuant to this section, the district board shall hold at least one public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the information required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the district board. Any written request for the mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for the mailed notices shall be filed on or before April 1 of each year. The district board may establish a reasonable annual charge for sending the notices based on the estimated cost of providing that service. At least 10 days prior to the meeting, the district board shall make available to the public information indicating the amount of cost, or estimated cost, required to provide the service for which the fee is charged and the revenue sources anticipated to provide the service. Any costs incurred by the district board in conducting the required meeting may be recovered from fees charged for the programs which were the subject of the meeting. (f) In addition to any other fees authorized by this section, a district board may adopt, by regulation, a schedule of annual fees to be assessed against permitted nonvehicular sources emitting toxic air contaminants identified pursuant to the procedure set forth in Sections 39660, 39661, and 39662. A district board shall demonstrate that the fees assessed under this subdivision do not exceed the reasonable, anticipated costs of funding district activities mandated by Section 39666 related to nonvehicular source emissions. In making the demonstration, the district shall account for all direct and indirect costs of district activities related to each toxic air contaminant. If the district does not make this demonstration, it shall make reimbursement for that portion of the fee not determined to be reasonable. (g) A district may adopt, by regulation, a schedule of fees to be assessed on areawide or indirect sources of emissions which are regulated, but for which permits are not issued, by the district to recover the costs of district programs related to these sources. (h) A district board may adopt, by regulation, a schedule of fees to cover the reasonable costs of the hearing board incurred as a result of appeals from district decisions on the issuance of permits. However, the hearing board may waive all or part of these fees if it determines that circumstances warrant that waiver. (i) Nothing in the amendments to this section enacted in 1988 limits or abridges any previously existing authority of a district to vary fees according to quantity of emissions, nor affects any pending litigation which might affect that previous authority. (Amended by Stats. 1988, Ch. 1568, Sec. 29.)
  13. 42311.2.

    ## 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. )

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    A district may not set permit fees above its actual administrative costs for certain burning-related permits, and it must hold a public hearing and consider specified cost and revenue factors before changing those fees.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42311.2. (a) Notwithstanding Section 42311, a district shall not adopt or impose fees that exceed actual district administrative costs for processing or enforcing permits applicable to any of the following: (1) Prescribed burning operations on state responsibility lands conducted under the terms of a permit issued by the Department of Forestry and Fire Protection pursuant to Article 3 (commencing with Section 4491) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code when the purpose of the operation is prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels. (2) Burning of vegetation or disposal of slash following timber operations required under regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4551.5 or 4562 of the Public Resources Code and for the purpose of reducing the incidence and spread of fires on timberlands. (3) Wildland vegetation management burns. (A) For purposes of this subdivision, “wildland vegetation management burn” means the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency to burn land predominantly covered with chaparral, trees, grass, or standing brush. (B) For purposes of this subdivision, “prescribed burning” is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives: (i) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels. (ii) Watershed management. (iii) Range improvement. (iv) Vegetation management. (v) Forest improvement. (vi) Wildlife habitat improvement. (vii) Air quality maintenance. (C) The planned application of fire may include natural or accidental ignition. (b) Prior to adopting or revising fees for the activities described in paragraph (1), (2), or (3) of subdivision (a), a district shall hold a public hearing and shall consider the following: (1) The costs of the fees on private landowners and other persons who engage in activities specified in paragraph (1), (2), or (3) of subdivision (a). (2) Any revenues currently provided to the county for general government by public agencies that administer public lands. (Amended by Stats. 2004, Ch. 693, Sec. 2. Effective January 1, 2005.)
  14. 42311.5.

    ## 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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    A district board may increase its fee schedule if it needs more revenue to cover district costs tied to implementing specified Government Code sections.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42311.5. A district board may increase its fee schedule adopted under Section 42311 to generate sufficient revenues to pay for any district costs associated with the implementation of Section 66796.53 of the Government Code or Section 41805.5. (Added by Stats. 1984, Ch. 1532, Sec. 5.)
  15. 42312.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 contract with a county or city in the district to help administer its permit system, and the county or city may contract with the district for that work.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42312. To aid in administering its permit system, a district board may contract with any county or city included, in whole or in part, within the district, and any such county or city may contract with the district, for the performance of such work in the name of, and subject to the approval of, the district air pollution control officer by the building department or other officer, department, or agency of the county or such city charged with the enforcement of regulations pertaining to the erection, construction, reconstruction, movement, conversion, alteration, or enlargement of buildings or structures. (Added by Stats. 1975, Ch. 957.)
  16. 42313.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 Section 42312 contract may allow permit fees to go to the city or county that issues the permit and to be kept by that city or county, except for contracts between a county district and the county; otherwise, permit fees must be paid into the district treasury.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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. ) ## 42313. Except in the case of a contract entered into between a county district and the county, a contract entered into pursuant to Section 42312 may provide that fees for permits shall be paid to the city or county which issues the permit and may be retained by that city or county, in whole or in part, as the consideration, or part thereof, for issuing the permits. Otherwise, all fees paid for the issuance of permits shall be paid into the district treasury. (Added by Stats. 1975, Ch. 957.)
  17. 42314.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 generally may not require emissions offsets for qualifying cogeneration or resource recovery projects, if the section’s size, pollution-control, permit-surrender, offset, and other 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 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. ) ## 42314. (a) Notwithstanding any other provision of any district permit system, and except as provided in this section, no district shall require emissions offsets for any cogeneration technology project or resource recovery project that satisfies all of the following requirements: (1) The project satisfies one of the following size criteria: (A) The project produces 50 megawatts or less of electricity. In the case of a combined cycle project, the electrical capacity of the steam turbine may be excluded from the total electrical capacity of the project for purposes of this paragraph if no supplemental firing is used for the steam portion and the combustion turbine has a minimum efficiency of 25 percent. (B) The project processes municipal wastes and produces more than 50 megawatts, but less than 80 megawatts, of electricity. (2) The project will use the appropriate degree of pollution control technology (BACT or LAER) as defined and to the extent required by the district permit system. (3) Existing permits for any item of equipment to be replaced by the project, whether the equipment is owned by the applicant or a thermal beneficiary of the project, are surrendered to the district or modified to prohibit operation simultaneously with the project to the extent necessary to satisfy district offset requirements. The emissions reductions associated with the shutdown of existing equipment shall be credited to the project as emissions offsets in accordance with district rules. (4) The applicant has provided offsets to the extent they are reasonably available from facilities it owns or operates in the air basin and that mitigate the remaining impacts of the project. (5) For new projects that burn municipal waste, landfill gas, or digester gas, the applicant has, in the judgment of the district, made a good faith effort to secure all reasonably available emissions offsets to mitigate the remaining impact of the project, and has secured all reasonably available offsets. (b) This section applies to any project for which an application for an authority to construct is deemed complete by the district after January 1, 1986, only if the project’s net emissions, combined with the net emissions from projects previously permitted under this section, are less than the amount provided for in the applicable growth allowance established by the district pursuant to Section 41600. If a district has not yet provided a growth allowance pursuant to Section 41600, the growth allowance is zero. For purposes of this subdivision, “net emissions” means the project’s emissions, less any offsets provided by the applicant and less utility displacement credits granted pursuant to Section 41605. (c) This section does not relieve a project from satisfying all applicable requirements of Part C (Prevention of Significant Deterioration) of the Clean Air Act, as amended in 1977 (42 U.S.C. Sec. 7401 et seq.), or any rules or regulations adopted pursuant to Part C. (Amended by Stats. 2000, Ch. 890, Sec. 41. Effective January 1, 2001.)
  18. 42314.1.

    ## 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 must issue permits for certain waste-to-energy projects if the listed conditions are met, and larger projects must be reviewed further and sent to the state commission.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42314.1. (a) Except as provided in subdivision (b), to the extent permissible under federal law, and notwithstanding any state or local new source review or prevention of significant deterioration rule or regulation, at the request of an applicant, a district shall issue permits for the construction of a project which burns municipal waste, landfill gas, or digester gas, if all of the following conditions are met: (1) The project produces less than 50 megawatts of electricity, except as provided in paragraph (4). (2) The project will utilize the appropriate degree of pollution control technology (BACT or LAER) required by the new source review rule of the district. (3) The project applicant has, in the judgment of the district, made a good faith effort to secure all available emission offsets to mitigate the impact of the project, but sufficient offsets or other mitigation measures are not available. The applicant, however, is required to secure all the offsets which are available to mitigate the air quality impact of the project, except for projects which constitute a modification to an existing source under the district’s new source review rule, in which case the applicant is only required to provide offsets from facilities which the applicant owns or operates within the air basin. (4) The project produces 50 megawatts or more, but less than 80 megawatts, of electricity, meets the requirements of paragraphs (2) and (3), is located in a district whose state implementation plan revisions have been approved by the Environmental Protection Agency and that has attained, or is reasonably expected to attain, national air quality standards for any criteria pollutant for which sufficient growth allowances are available in the air quality maintenance plan or, in the event the project would cause any criteria pollutant to exceed the available or possible future growth allowance, the applicant secures offsets in an amount equal to the excess in the growth allowance, and processes municipal wastes from one or more municipalities. Any project under this paragraph shall comply with applicable prevention of significant deterioration rules and regulations. (b) If a proposed project permitted under subdivision (a) has an electrical generating capacity of 50 megawatts or more, the district shall determine whether the project meets the requirements of this section and, in making its determination, shall consider the potential emission of noncriteria pollutants from project facilities and shall develop appropriate permit conditions. The district shall submit its determination and supporting analyses, including the analysis of noncriteria pollutants and appropriate permit conditions, to the State Energy Resources Conservation and Development Commission for use pursuant to Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code. (c) Any permit issued pursuant to subdivision (a), and any determination made by a district pursuant to subdivision (b), shall meet the additional requirements of Section 42315. (Amended by Stats. 1986, Ch. 1134, Sec. 2.)
  19. 42314.2.

    ## 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 and a permit applicant may agree to extend certain project review time limits, but the extension cannot be more than nine months beyond the stated limits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42314.2. (a) The time limits established under Sections 65950, 65950.1, and 65952 of the Government Code for approval or disapproval of development projects may be extended for district review of an application for a permit for a resource recovery project upon the mutual consent of the district and the permit applicant. Notwithstanding Section 65957 of the Government Code, an extension made pursuant to this section shall not exceed nine months beyond the time limits established under Sections 65950, 65950.1, and 65952 of the Government Code. (b) The district shall provide public notification at least 30 days prior to the effective date of any extension consented to under subdivision (a), which shall specify the reasons for, and the duration of, the extension period. The district shall provide this public notification by publishing a notice once a week for two consecutive weeks in a newspaper of general circulation in the district. (Added by Stats. 1987, Ch. 205, Sec. 1.)
  20. 42314.5.

    ## 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. )

    Verify source ↗

    When the district considers a permit for certain biomass-fuel or digester-feedstock facilities, it must allow offset credits under Sections 41600 and 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 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. ) ## 42314.5. In considering a permit for a facility that 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 allow offset credits as provided in Sections 41600 and 41605.5. (Amended by Stats. 2000, Ch. 890, Sec. 42. Effective January 1, 2001.)
  21. 42315.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 issue or renew a permit, or issue a compliance determination, for a project burning municipal waste or refuse-derived fuel unless the section’s air-quality, emissions, health-risk, review, and monitoring 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 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. ) ## 42315. (a) No district shall issue or renew a permit for the construction of, renew a permit for the operation of, or issue a determination of compliance for, any project which burns municipal waste or refuse-derived fuel unless all of the following conditions have been met: (1) The project will not prevent or interfere with the attainment or maintenance of state and federal ambient air quality standards. (2) The project will comply with all applicable emission limitations established prior to issuance of the permit or the determination of compliance. (3) The project will, after issuance of the permit or determination of compliance, comply with toxic air contaminant control measures adopted by the district pursuant to Section 39666, and regulations adopted by the district pursuant to Section 41700 for the protection of public health. Notwithstanding Section 42301. 5, compliance with this subdivision shall be consistent with a reasonable schedule, as determined by the district. (4) (A) A health risk assessment is performed and is submitted by the district to both the state board and the State Department of Health Services for review. The state board shall review and, within 15 days, notify the district and the applicant as to whether the data pertaining to emissions and their impact on ambient air quality are adequate for completing its review pursuant to this subdivision, and what additional data, if any, are required to complete its review. Within 45 days of receiving the health risk assessment, the state board shall submit its comments in writing to the district, on the data pertaining to emissions and their impact on ambient air quality. The district shall forward a copy of the comments of the state board to the State Department of Health Services. The State Department of Health Services shall review and, within 90 days of receiving the health risk assessment, shall submit its comments to the district on the data and findings relating to health effects. (B) For purposes of complying with the requirements of this paragraph, the State Department of Health Services may select a qualified independent contractor to review the data and findings relating to health effects. In those cases, the review by the independent contractor shall comply with the following requirements: (i) Be performed in a manner consistent with guidelines provided by the state department. (ii) Be reviewed by the state department for accuracy and completeness. (iii) Be submitted by the state department to the district in accordance with the schedules established by this paragraph. (C) Notwithstanding Section 6103 of the Government Code, the district shall reimburse the State Department of Health Services, or a qualified independent contractor designated by the state department pursuant to subparagraph (B), for its actual costs incurred in reviewing a health risk assessment for any project subject to this section. (D) An application for any project which burns municipal waste or refuse-derived fuel is not complete until both of the following have been accomplished: (i) The health risk assessment has been performed and is submitted to the district. (ii) The state board and the State Department of Health Services, or a qualified independent contractor designated by the state department pursuant to subparagraph (B) have completed their review pursuant to this paragraph, and have submitted their comments to the district, unless the state board and the State Department of Health Services have failed to submit their comments to the district within 90 days and the district makes a finding that the application contains sufficient information for the district to begin its initial review. (E) This paragraph shall not apply to an application for permit renewal for any project otherwise subject to this section. (5) The district finds and determines, based upon the health risk assessment, comments from the state board and the State Department of Health Services, and any other relevant information, that no significant increase in the risk of illness or mortality, including, but not limited to, increases in the risk of cancer and birth defects, is anticipated as a result of air pollution from the construction and operation of the project. This paragraph shall not apply to an application for permit renewal for any project otherwise subject to this section. (6) Prior to, and during, commercial operation of the project, periodic monitoring of emissions, including, but not limited to, toxic air contaminants, is performed pursuant to specifications established by the district. (b) This section does not prohibit a district from requiring ambient air monitoring under any other provision of law. (c) This section does not apply to any project which does any of the following: (1) Exclusively burns digester gas produced from manure or other animal solid or semisolid waste. (2) Exclusively burns methane gas produced from a disposal site as defined in Section 66714.1 of the Government Code, which is used only for the disposal of solid waste as defined in Section 66719 of the Government Code. (3) Exclusively burns forest, agricultural, wood, or other biomass wastes. Nothing in this subdivision is intended to prohibit a district from requiring those projects to meet one or more of the conditions of this section. (d) Nothing in this section prohibits the permit applicant from entering into a contract with any person pursuant to which the person may enforce this section or any other provision of law. (Added by Stats. 1986, Ch. 1134, Sec. 3. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  22. 42316.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 ↗

    The district may require Los Angeles to take reasonable mitigation measures and pay annual reasonable fees tied to actual costs, but the measures cannot affect the city’s water rights and usually need substantial evidence.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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. ) ## 42316. (a) The Great Basin Air Pollution Control District may require the City of Los Angeles to undertake reasonable measures, including studies, to mitigate the air quality impacts of its activities in the production, diversion, storage, or conveyance of water and may require the city to pay, on an annual basis, reasonable fees, based on an estimate of the actual costs to the district of its activities associated with the development of the mitigation measures and related air quality analysis with respect to those activities of the city. The mitigation measures shall not affect the right of the city to produce, divert, store, or convey water and, except for studies and monitoring activities, the mitigation measures may only be required or amended on the basis of substantial evidence establishing that water production, diversion, storage, or conveyance by the city causes or contributes to violations of state or federal ambient air quality standards. (b) The city may appeal any measures or fees imposed by the district to the state board within 30 days of the adoption of the measures or fees. The state board, on at least 30 days’ notice, shall conduct an independent hearing on the validity of the measures or reasonableness of the fees which are the subject of the appeal. The decision of the state board shall be in writing and shall be served on both the district and the city. Pending a decision by the state board, the city shall not be required to comply with any measures which have been appealed. Either the district or the city may bring a judicial action to challenge a decision by the state board under this section. The action shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure and shall be filed within 30 days of service of the decision of the state board. (c) A violation of any measure imposed by the district pursuant to this section is a violation of an order of the district within the meaning of Sections 41513 and 42402. (d) The district shall have no authority with respect to the water production, diversion, storage, and conveyance activities of the city except as provided in this section. Nothing in this section exempts a geothermal electric generating plant from permit or other district requirements. (Added by Stats. 1983, Ch. 608, Sec. 1. Effective September 1, 1983.)
  23. 42320.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. )

    Verify source ↗

    This section says the article is known as the Air Pollution Permit Streamlining Act of 1992 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. ) ## 42320. This article shall be known, and may be cited, as the Air Pollution Permit Streamlining Act of 1992. (Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
  24. 42321.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. )

    Verify source ↗

    This section says districts must review their permit programs and create new, efficient procedures to help businesses comply with air quality laws.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. ) ## 42321. The Legislature finds and declares as follows: (a) California’s air pollution control programs have been among the most successful efforts in the country to reduce air pollution and to protect public health and the environment. (b) It is in the interest of the people of the state, particularly during times of economic difficulty, to enact laws which improve the processes by which businesses comply with environmental and air quality laws, without sacrificing the protection of public health and the environment. (c) The purpose of this article is to require districts to review their permit programs and to institute new, efficient procedures which will assist businesses in complying with regional, state, and federal air quality laws in an expedited fashion, without reducing protection of public health and the environment. (Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
  25. 42322.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. )

    Verify source ↗

    Every district must adopt regulations creating an expedited permit review program, including specific process features and deadline-based review schedules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. ) ## 42322. (a) Every district shall establish, by regulation, a program to provide for the expedited review of permits issued pursuant to Article 1 (commencing with Section 42300) in order to reduce unnecessary delay in the issuance of those permits and to protect the public health and the environment. The expedited permit system shall include all of the following: (1) A precertification program for equipment which is mass-produced and operated by numerous sources under the same or similar conditions, in order to allow permit applicants who purchase that equipment to receive permits in an expedited fashion. (2) A consolidated permitting process for any source that requires more than one permit, which provides that the source will be permitted on a facility or project basis, provides a single point of contact for the permit applicant, and allows a source to be reviewed and permitted on a single, consolidated schedule. (3) An expedited permit review schedule, based upon the types and amount of pollution emitted from sources. In order to comply with this subdivision, a district shall classify sources within its jurisdiction as minor, moderate, and major sources of air pollution, and shall establish a permit action schedule that sets forth specific deadlines, based on each classification, for an air pollution control officer to notify a permit applicant in writing of the approval or disapproval of a permit application. (4) A training and certification program for private sector personnel, in order to establish a pool of professionals who can certify businesses as being in compliance with district rules and regulations. (5) The development of standardized permit application forms that are written in clear and understandable language and provide applicants with adequate information to complete and return the forms. (6) To the extent that a district determines that it will not adversely affect the public health and safety or the environment, the consolidation of the authority to construct and permit to operate into a single permit process in order to reduce processing times and paperwork for stationary sources. (7) An appeals process whereby, if the air pollution control officer fails to notify a permit applicant of the approval or disapproval of a permit application within the schedule established pursuant to paragraph (3), the permit applicant may, after notifying the district, request the district board, at its next regularly scheduled meeting, to set a date certain on which the permit will be acted upon. This paragraph does not prohibit a permit applicant from seeking relief under Section 42302. (b) For those districts which have a population of less than 1,000,000 persons, the state board shall provide assistance in developing regulations implementing this section. (c) This section does not apply to county air pollution control districts in counties that have a population of less than 250,000 persons. (Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
  26. 42322.5.

    ## 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. )

    Verify source ↗

    Large districts must add permit-streamlining measures, including pre-submittal meetings, allowing proposed conditions, creating permitting protocols before certain new rules, and sharing those protocols with regulated businesses.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. ) ## 42322.5. Districts with a population of more than 500,000 persons shall additionally implement the following permit streamlining measures: (a) Upon a permit applicant’s request, the district shall allow the permit applicant to meet with district staff prior to the submittal of a permit to construct in order to identify issues and ways to expedite the permitting process. (b) The district shall allow the permit applicant to propose conditions that are consistent with the applicable rules or regulations for the district’s consideration. (c) Before a district implements a rule or regulation for categories of emission sources for which significant capital expenditures will be required, the district shall develop, with input from the regulated community, a permitting protocol for any permits that will be required for common types of operating equipment, processes, or related air pollution control equipment as a result of the rule or regulation. Each district shall compile those protocols and make them available to businesses that are regulated by the rule or regulation. (Added by Stats. 1993, Ch. 1180, Sec. 2. Effective January 1, 1994.)
  27. 42323.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. )

    Verify source ↗

    Districts must create a small business assistance program for qualifying small business stationary sources, with specified features and an exception for certain county air pollution control districts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.3. Air Pollution Permit Streamlining Act [42320 - 42323] ( Heading of Article 1.3 renumbered from Article 1.5 (as added by Stats. 1992, Ch. 1096) by Stats. 1998, Ch. 485, Sec. 110. ) ## 42323. (a) For purposes of subdivision (b), “small business stationary source” means a source which meets all of the following criteria: (1) The source is owned or operated by a person who employs 100 or fewer individuals. (2) The source is a small business as defined under the federal Small Business Act (15 U.S.C. Sec. 631, et seq.). (3) The source emits less than 10 tons per year of any single pollutant and less than 20 tons per year of all pollutants. (b) In addition to the requirements of Section 42322, every district shall establish a small business assistance program for small business stationary sources located within the district’s jurisdiction. A small business assistance program adopted pursuant to this section shall consist of all of the following: (1) The development of a standardized permit application form which is written in clear and understandable language and provides small business persons with adequate information to complete and return the form. (2) To the extent that a district determines that it will not adversely affect public health or the environment, the consolidation of the authority to construct and permit to operate into a single permit process in order to reduce processing times and paperwork for small business stationary sources. (3) The establishment of expedited variance procedures for small businesses and the provision of technical assistance for applicants on the processing of variances. (4) The designation of a single person or office within the district which shall serve as a point of initial access and accessibility to the district for small business persons. (5) Upon the approval of the district board at a duly noticed public hearing, the establishment of surcharges on permit fees levied on sources regulated by the district, to be used for the establishment of a small business economic assistance program. (c) This section does not apply to county air pollution control districts in counties that have a population of less than 250,000 persons. (Added by Stats. 1992, Ch. 1096, Sec. 3. Effective September 29, 1992.)
  28. 42330.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    Districts may use permit actions against certain noncompliant permit applicants, but only after trying voluntary or required compliance first.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42330. The Legislature finds and declares that the effective regulation of air pollution emissions requires that permit applicants who have a demonstrated recurring pattern of air pollution control violations, and who have consistently refused to take the necessary steps to cooperate with a district to correct those violations, shall be subject to appropriate permit actions to bring them into compliance. The Legislature further finds that noncompliance may endanger the public health and safety and the environment and places permit applicants that are in compliance at a serious competitive disadvantage. It is the intent of the Legislature in enacting this article to provide districts with an effective enforcement tool to bring noncompliant permit applicants into conformity with the applicable air pollution control laws and regulations. It is further the intent of the Legislature that any permit action authorized by this article shall be taken only after a district has attempted to bring the applicant into voluntary or required compliance, in accordance with the procedural and due process requirements prescribed by this article. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  29. 42331.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    Before issuing certain permits, the air pollution control officer may review the applicant’s compliance history.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42331. (a) Prior to issuing a permit pursuant to Article 1 (commencing with Section 42300), the air pollution control officer may review the compliance history of the applicant submitted to the district pursuant to Section 42336, under laws or regulations governing the control of air pollution, including the Clean Air Act (42 U.S.C. Sec. 7401 and following) and regulations adopted thereunder, and this division and regulations adopted pursuant to this division. (b) In reviewing the applicant’s compliance history, the officer shall take into account the size and complexity of the applicant’s operations, the compliance history of all sources within the facility for which the permit is being sought, and the number of permits held by the applicant. (c) For a permit for new or modified equipment at an existing facility, the officer’s review of an applicant’s compliance history shall be limited to the compliance history of the facility in question and the compliance history of other permitted sources at facilities owned, operated, or controlled by the applicant in the district. As used in this subdivision, “modified equipment” means any modification, including a change in the method of operation, that would require a permit modification under district rules. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  30. 42332.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    Before renewing a permit, an air pollution control officer may review the applicant’s compliance history. In doing so, the officer must consider the size and complexity of the applicant’s operations and the number of permits held.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42332. (a) Prior to renewing a permit, an air pollution control officer may review the compliance history of the source in question at the facility, as shown in district records, under laws or regulations governing the control of air pollution, including the Clean Air Act (42 U.S.C. Sec. 7401 and following) and regulations adopted thereunder, and this division and regulations adopted pursuant to this division. (b) In reviewing an applicant’s compliance history, the officer shall take into account the size and complexity of the applicant’s operations and the number of permits held by the applicant. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  31. 42333.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    An air pollution control officer may deny, refuse to renew, or add conditions to a permit if specified compliance-history criteria 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42333. (a) An air pollution control officer may, pursuant to this article, deny a permit, refuse to renew a permit, or specify additional permit conditions to ensure compliance with applicable rules and regulations, if the officer determines that each of the following has occurred: (1) In the three-year period preceding the date of application, the applicant has violated laws or regulations identified in subdivision (a) of Section 42331 and subdivision (a) of Section 42332 resulting in either excessive emissions or violations at a facility which is required to be permitted but is not permitted, owned or operated by the applicant. (2) A notice of violation was issued for those violations. (3) A variance was not in effect with respect to those violations. (4) The violations demonstrate a recurring pattern of noncompliance or pose or have posed a significant risk to the public health or safety or to the environment. (5) Notice and an opportunity for an office conference was provided pursuant to Section 42334. (b) This section does not apply to a permit to operate, or the renewal of such a permit, issued by an air pollution control officer for a facility which is owned or operated by an applicant, unless the applicant has met the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a) at the source in question at that facility. (c) For the purposes of determining a permit action under this section, the air pollution control officer shall take into consideration the size and complexity of the applicant’s operations and the number of permits held by the applicant. (d) The air pollution control officer’s determination of whether to deny a permit shall be based upon all of the following: (1) Whether the emissions violations forming the basis for the denial were the result of circumstances beyond the reasonable control of the applicant and could not have been prevented by the exercise of reasonable care. (2) Whether a permit denial is not an appropriate action given the severity of the violations, or that the denial is not supported by the applicant’s overall compliance history. (3) Whether a permit denial is not an appropriate action because the equipment type, operational character, or emissions capacity of the sources where the violations occurred are significantly different than that of the source for which the permit is being sought. (4) Whether the violation has been corrected in a timely fashion or reasonable progress is being made. (5) Whether a permit denial is not an appropriate action because a variance has been granted with respect to those violations. (6) Whether the violations demonstrate a recurring pattern of noncompliance or pose or have posed a significant risk to the public health or safety or to the environment. (7) Whether notice and an opportunity for an office conference was provided pursuant to Section 42334. (e) A permit denial pursuant to subdivision (a) which is based solely upon violations which have not been admitted by the applicant or otherwise established by law shall be set aside by a hearing board if a hearing has been requested by the applicant pursuant to Section 42302, unless the air pollution control officer, following the presentation of substantial evidence and the applicant’s opportunity to rebut the evidence, proves that the violation did occur, and that denial is supported by the applicant’s overall compliance history. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  32. 42334.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    If an air pollution control officer makes a preliminary determination under Section 42333 while enforcing permits and inspecting, the officer must notify the person in writing, include known facts, request an office conference, and conduct that conference.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42334. If, in the course of enforcing existing permits and conducting inspections relative thereto, an air pollution control officer makes a preliminary determination that the person has met the criteria prescribed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42333, the officer shall take all of the following actions: (a) Notify the person, in writing, that the district has made a preliminary determination that the person has met those criteria and that the district may take action pursuant to subdivision (a) of Section 42333. The notice shall include all facts relating to the preliminary determination which are known to the officer. (b) Request, as part of the notification required by subdivision (a), that the person confer with the officer in an office conference to discuss the pattern of noncompliance. (c) Conduct the office conference. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  33. 42335.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    A hearing board must set aside a permit denial under Section 42333 if the applicant proves the listed grounds, including uncontrollable violations, an inappropriate denial, or timely correction/progress on the violation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42335. A permit denied pursuant to Section 42333 shall be set aside by the hearing board under either of the following conditions: (a) The applicant proves that either: (1) The emissions violations forming the basis for the denial were the result of circumstances beyond the reasonable control of the applicant and could not have been prevented by the exercise of reasonable care. (2) The denial is not an appropriate action given the severity of the violations, or is not supported by the applicant’s overall compliance history. (b) The violation has been corrected in a timely fashion or reasonable progress is being made. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  34. 42336.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    Certain permit applicants must submit a description of prior emissions violations with their 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42336. In addition to any other information required to be submitted, an applicant for a permit to construct or a permit to operate which involves a change of operator who has owned or operated a facility pursuant to a permit issued by any district shall provide a description of all emissions violations satisfying the criteria specified in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42333, under this division or any regulation adopted pursuant to this division, and the Clean Air Act (42 U.S.C. Sec. 7401 and following) or any regulations adopted thereunder, which occurred at any facility permitted by any district and owned or operated by the applicant in the state in the three years prior to the date of application. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  35. 42337.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    If a district gives public notice about issuing a permit, the notice must also say that compliance-history information is available from the district for public review.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42337. Any public notice provided by the district concerning the issuance of a permit to an applicant shall include, in addition to a description of the proposed project, a statement that information regarding the facility owner’s compliance history submitted to the district pursuant to Section 42336, or otherwise known to the district, based on credible information, is available from the district for public review. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  36. 42338.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    This section says the article does not limit the district’s existing 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42338. Nothing in this article limits the existing authority of the district. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  37. 42339.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. )

    Verify source ↗

    This article does not apply to nuisance complaints based on odor 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. District Review of a Permit Applicant’s Compliance History [42330 - 42339] ( Article 1.5 added by Stats. 1991, Ch. 1209, Sec. 3. ) ## 42339. This article does not apply to nuisance complaints based on odor emissions. (Added by Stats. 1991, Ch. 1209, Sec. 3.)
  38. 42350.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Any person may apply to the hearing board for a variance, but variances cannot be granted in several specified 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42350. (a) Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district. (b) (1) If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace. (2) Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use. (3) In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement. (Amended by Stats. 1996, Ch. 618, Sec. 5. Effective January 1, 1997.)
  39. 42350.5.

    ## 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    District board forms for variance applications must include a notice telling small businesses that help is available for completing the form and developing compliance schedules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42350.5. Any form developed by a district board for use in filing an application for a variance shall contain a notice to small businesses of the availability of assistance in filling out the form and developing compliance schedules. (Added by Stats. 1992, Ch. 1126, Sec. 4. Effective January 1, 1993.)
  40. 42351.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A person seeking a variance may apply for an interim variance, and the hearing board may grant it only for good cause, but not after a Section 40826 hearing or to avoid notice-and-hearing requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42351. (a) Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the hearing board on the application, may submit an application for an interim variance. (b) An interim variance may be granted for good causes stated in the order granting such a variance. The interim variance shall not be valid beyond the date of decision of the hearing board on the application of the variance or for more than 90 days from date of issuance of the interim variance, whichever occurs first. (c) The hearing board shall not grant any interim variance (1) after it has held a hearing in compliance with the requirements of Section 40826, or (2) which is being sought to avoid the notice and hearing requirements of Section 40826. (Amended by Stats. 1976, Ch. 1063.)
  41. 42351.5.

    ## 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board may give a short interim authorization, but only once and only for up to 30 days, while it decides a modification 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42351.5. If a person granted a variance with a schedule of increments of progress files an application for modification of the schedule and is unable to notify the hearing board sufficiently in advance to allow the hearing board to schedule a public hearing on the application, the hearing board may grant no more than one interim authorization valid for not more than 30 days, to that person to continue operation pending the decision of the hearing board on the application. In districts with a population of less than 750,000, the chairman of the hearing board or any other member designated by the board may hear the application. If any member of the public contests such a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. The interim authorization shall not be granted for a requested extension of a final compliance date or where the original variance expressly required advance application for the modification of an increment of progress. (Amended by Stats. 1990, Ch. 150, Sec. 2.)
  42. 42352.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A variance may not be granted unless the hearing board makes the required findings, and the applicant must meet ongoing emissions reduction and reporting conditions while the variance is in effect.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42352. (a) No variance shall be granted unless the hearing board makes all of the following findings: (1) That the petitioner for a variance is, or will be, in violation of Section 41701 or of any rule, regulation, or order of the district. (2) That, due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. In making those findings where the petitioner is a public agency, the hearing board shall consider whether or not requiring immediate compliance would impose an unreasonable burden upon an essential public service. For purposes of this paragraph, “essential public service” means a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, or water delivery operation, if owned and operated by a public agency. (3) That the closing or taking would be without a corresponding benefit in reducing air contaminants. (4) That the applicant for the variance has given consideration to curtailing operations of the source in lieu of obtaining a variance. (5) During the period the variance is in effect, that the applicant will reduce excess emissions to the maximum extent feasible. (6) During the period the variance is in effect, that the applicant will monitor or otherwise quantify emission levels from the source, if requested to do so by the district, and report these emission levels to the district pursuant to a schedule established by the district. (b) As used in this section, “public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision. (Amended by Stats. 1992, Ch. 1025, Sec. 1. Effective January 1, 1993.)
  43. 42352.5.

    ## 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board must consider specified factors when deciding variance-related findings, including the petitioner’s compliance efforts and, for qualifying small businesses, additional business and environmental factors.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42352.5. (a) The hearing board, in determining whether or not the petitioner has presented evidence sufficient to make the finding specified in paragraph (2) of subdivision (a) of Section 42352 or paragraph (2) of subdivision (a) of Section 42368, shall consider, in addition to any other relevant factors, both of the following: (1) In determining whether or not conditions exist which are beyond the reasonable control of the petitioner, the hearing board shall consider the extent to which the petitioner took actions to comply or seek a variance, which were timely and reasonable under the circumstances. In so doing, the hearing board shall consider actions taken by the petitioner since the adoption of the rule, regulation, or order from which the variance is sought. (2) In determining whether or not requiring compliance would result in either an arbitrary or unreasonable taking of property or the practical closing and elimination of a lawful business, the hearing board shall consider whether or not an unreasonable burden would be imposed upon the petitioner if immediate compliance is required. (b) (1) As used in this subdivision, “small business” has the same meaning as defined by the Small Business Administration, except that no stationary source which is a major source, as defined by applicable provisions of the federal Clean Air Act (42 U.S.C. Sec. 7661(2)), is a small business. (2) If the petitioner is a small business and emits 10 tons or less per year of air contaminants, the hearing board shall consider the factors specified in subdivision (a) in the following manner: (A) In determining the extent to which the petitioner took timely actions to comply or seek a variance, the hearing board shall make specific inquiries into, and shall take into account, the reasons for any claimed ignorance of the requirement from which a variance is sought. (B) In determining the extent to which the petitioner took reasonable actions to comply, the hearing board shall make specific inquiries into, and shall take into account, the petitioner’s financial and other capabilities to comply. (C) In determining whether or not the burden of requiring immediate compliance would be unreasonable, the hearing board shall make specific inquiries into, and shall consider, the impact on the petitioner’s business and the benefit to the environment which would result if the petitioner is required to immediately comply. (Amended by Stats. 1994, Ch. 443, Sec. 1. Effective September 7, 1994.)
  44. 42353.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    If the hearing board makes the specific findings in Section 42352, it must prescribe variance requirements that are less onerous than existing district-board 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42353. Upon making the specific findings set forth in Section 42352, the hearing board shall prescribe requirements other than those imposed by statute or by any rule, regulation, or order of the district board, not more onerous, applicable to plants and equipment operated by specified industry or business or for specified activity, or to the operations of individual persons. However, no variance shall be granted if the operation, under the variance, will result in a violation of Section 41700. (Added by Stats. 1975, Ch. 957.)
  45. 42354.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board has wide discretion when prescribing other and different requirements under Section 42353.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42354. In prescribing other and different requirements, in accordance with Section 42353, the hearing board, insofar as is consonant with the Legislature’s declarations in Sections 39000 and 39001, shall exercise a wide discretion in weighing the equities involved and the advantages to the residents of the district from the reduction of air contaminants and the disadvantages to any otherwise lawful business, occupation, or activity involved, resulting from requiring compliance with such requirements. (Added by Stats. 1975, Ch. 957.)
  46. 42355.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board may require a bond when granting a variance, and vessels are exempt if they are not violating specified federal emissions 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42355. (a) The hearing board may require, as a condition of granting a variance, that a bond be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. The bond may provide that, if the party granted the variance fails to perform the work by the agreed date, the bond shall be forfeited to the district having jurisdiction, or the sureties shall have the option of promptly remedying the variance default or paying to the district an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance. (b) The provisions of this section do not apply to vessels so long as the vessels are not operating in violation of any federal law enacted for the purpose of controlling emissions from combustion of vessel fuels. (Amended by Stats. 1982, Ch. 517, Sec. 277.)
  47. 42356.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board may change or revoke any variance order by written order.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42356. The hearing board may modify or revoke, by written order, any order permitting a variance. (Added by Stats. 1975, Ch. 957.)
  48. 42357.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board may review and, for good cause, modify a schedule of progress milestones or a final compliance date.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42357. The hearing board may review and for good cause, such as a change in the availability of materials, equipment, or adequate technology, modify a schedule of increments of progress or a final compliance date in such a schedule. (Added by Stats. 1975, Ch. 957.)
  49. 42358.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    When the hearing board grants a variance, it must set the effective period and a final compliance date, and the period generally cannot exceed one year unless subdivision (b) 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42358. (a) The hearing board, in making any order permitting a variance, shall specify the time during which such order shall be effective, in no event, except as otherwise provided in subdivision (b), to exceed one year, and shall set a final compliance date. (b) A variance may be issued for a period exceeding one year if the variance includes a schedule of increments of progress specifying a final compliance date by which the emissions of air contaminants of a source for which the variance is granted will be brought into compliance with applicable emission standards. (Added by Stats. 1975, Ch. 957.)
  50. 42359.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board must hold a hearing, unless it determines there is an emergency, to decide when and to what extent a variance should be granted.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42359. Except in the case of an emergency, as determined by the hearing board, the hearing board shall hold a hearing pursuant to Chapter 8 (commencing with Section 40800) of Part 3 to determine under what conditions, and to what extent, a variance shall be granted. (Added by Stats. 1975, Ch. 957.)
  51. 42359.5.

    ## 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district hearing board chairman, or a designated board member, may issue an emergency variance to an applicant without notice and 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42359.5. (a) Notwithstanding any other provision of this article or of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3, the chairman of a district hearing board, or any other member of the hearing board designated thereby, may issue, without notice and hearing, an emergency variance to an applicant. (b) An emergency variance may be issued for good cause, including, but not limited to, a breakdown condition. The district board in consultation with its air pollution control officer and the hearing board may adopt rules and regulations, not inconsistent with this subdivision, to further specify the conditions, and to what extent, an emergency variance may be granted. The emergency variance shall not remain in effect longer than 30 days and shall not be granted when sought to avoid the provisions of Section 40824 or 42351. (Amended by Stats. 1979, Ch. 239.)
  52. 42360.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    After a variance-related order, either the air pollution control officer or the hearing board must send a copy of the order to the state board within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42360. Within 30 days of any order granting, modifying, or otherwise affecting a variance by the hearing board, or a member thereof pursuant to Section 42359. 5, either the air pollution control officer or the hearing board shall submit a copy of the order to the state board. (Amended by Stats. 1976, Ch. 773.)
  53. 42361.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain variances stay valid after the area joins a regional district, but only for the shorter of the time stated in the variance or one year, unless the regional district hearing board changes or revokes it first.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42361. Any variance granted by the hearing board of a county district or a unified district, or any member of such a hearing board pursuant to Section 42359.5, applicable in an area which subsequently becomes included within a regional district, including the bay district, shall remain valid for the time specified therein or for one year, whichever is shorter, or, unless prior to the expiration of such time, the hearing board of the regional district modifies or revokes the variance. (Amended by Stats. 1976, Ch. 773.)
  54. 42362.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may revoke or modify a district variance if, in its judgment, the variance fails to meet required compliance timing, emission standards, or this article’s 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42362. The state board may revoke or modify any variance granted by any district if, in its judgment, the variance does not require compliance with a required schedule of increments of progress or emission standards as expeditiously as practicable, or the variance does not meet the requirements of this article. (Added by Stats. 1975, Ch. 957.)
  55. 42363.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Before the state board can revoke or modify a variance, it must hold a hearing, and the person who received the variance must get immediate notice and be allowed to participate.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42363. Prior to revoking or modifying a variance pursuant to Section 42362, the state board shall conduct a hearing pursuant to Chapter 8 (commencing with Section 40800) of Part 3 on the matter. The person to whom the variance was granted shall be given immediate notice of any such hearing by the hearing board, and shall be afforded an opportunity to appear at the hearing, to call and examine witnesses, and to otherwise partake as if he were a party to the hearing. (Added by Stats. 1975, Ch. 957.)
  56. 42364.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district board may set fee schedules by regulation, and applicants must pay the required fees.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2. Variances [42350 - 42364] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 42364. (a) The district board may adopt, by regulation, a schedule of fees which will yield a sum not exceeding the estimated cost of the administration of this article and for the filing of applications for variances or to revoke or modify variances. All applicants shall pay the fees required by the schedule, including, notwithstanding the provisions of Section 6103 of the Government Code, an applicant that is a publicly owned public utility. (b) All such fees shall be paid to the district treasurer to the credit of the district. (Amended by Stats. 1977, Ch. 1195.)
  57. 42365.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    A manufacturer may petition the hearing board for a product variance from a district rule or regulation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42365. Any person who manufactures a product may petition the hearing board for a product variance from a rule or regulation of the district pursuant to this article. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  58. 42366.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    A product variance is available only when it is needed for effective relief, must be tied to a particular product, and the product does not comply with district rules or regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42366. A product variance is only available if, to provide effective relief, the variance is required to be granted for, and attached to, a particular product, as distinguished from the variance that may be granted to an individual petitioner pursuant to Section 42352. A product variance shall be granted only when a product does not comply with district rules or regulations and the variance is necessary for the sale, supply, distribution, or use of the product. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  59. 42367.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    A product variance cannot be granted for requirements to get a permit to build, erect, alter, or replace certain articles, machines, equipment, or other contrivances under Section 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42367. No product variance shall be granted pursuant to this article from a requirement for a permit to build, erect, alter, or replace any article, machine, equipment, or other contrivance pursuant to Section 42300. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  60. 42368.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    A product variance may be granted only if the hearing board makes specified findings, and the petitioner must report excess emissions and give notice to affected parties when conditions apply.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42368. (a) No product variance shall be granted unless the hearing board makes all of the following findings: (1) The manufacture, distribution, offering for sale, sale, application, soliciting the application, or use of the product is, or will be, in violation of a rule, regulation, or order of the district. (2) Due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. (3) The taking or closing would be without a corresponding benefit in reducing air contaminants. (4) The petitioner exercised due diligence in attempting to locate, research, or develop a product that is in compliance with district rules and regulations. (5) During the period that the product variance is in effect, the petitioner shall quantify any excess emissions to the maximum extent feasible and report the emission levels to the district, if requested by the district. (b) If the product variance is granted subject to conditions on the use of the product, within 10 days from the effective date of the variance, and for the duration of the time period of the variance, the petitioner shall cause a written notice to be furnished to any retailer, distributor, and purchaser of the product who is located within the district. The written notice shall be, attached to, or otherwise accompany, the product, and shall include all of the following information: (1) That the product is being sold pursuant to a product variance granted by the district hearing board. (2) The beginning and ending dates of the product variance. (3) Any other conditions set forth in the product variance. (c) Within 10 days from the effective date of the granting of the product variance, the district shall cause to be published pursuant to Section 6061 of the Government Code, the information specified in subdivision (b). (d) The district hearing board may prescribe requirements or conditions in the product variance that are applicable to the product, other than those imposed by statute or by any rule, regulation, or order of the district board, if those requirements or conditions are not more onerous. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  61. 42369.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    This section bars product variances when using the product would violate Section 41700, and it also bars emergency product variances 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42369. (a) No product variance shall be granted if the use of the product under the variance will result in a violation of Section 41700. (b) No emergency product variance shall be granted pursuant to this article. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  62. 42370.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    If a product variance is granted and the product complies with Section 42368(b) and (d), the petitioner and any person may manufacture, distribute, offer for sale, sell, apply, solicit application of, or use the product under the variance’s 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42370. If the product variance is granted and the product is in compliance with subdivisions (b) and (d) of Section 42368, the petitioner may manufacture, and any person may distribute, offer for sale, sell, apply, solicit the application of, or use the product under the conditions set forth in the product variance. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  63. 42371.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    Certain listed sections apply to granting product variances 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42371. Sections 42350.5, 42351, 42351.5, 42352.5, 42354 to 42357, inclusive, 42359, and 42362 to 42364, inclusive, shall apply to the granting of product variances pursuant to this article. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  64. 42372.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. )

    Verify source ↗

    The hearing board must set the variance period and final compliance date, with a general one-year limit unless subdivision (b) applies. Longer variances can run up to two years if they include a progress schedule and final compliance date. The air pollution control officer and district governing board must also act on certain variances within set deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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 2.5. Product Variances [42365 - 42372] ( Article 2.5 added by Stats. 1994, Ch. 443, Sec. 2. ) ## 42372. (a) The hearing board, in making any order permitting a product variance, shall specify the time during which the order shall be effective, which, except as provided in subdivision (b), shall not exceed one year, and shall set a final compliance date. (b) A product variance may be issued for a period exceeding one year, but in no event to exceed two years from the date of the granting of the initial product variance, if the product variance includes a schedule of increments of progress specifying a final compliance date by which the emission of air contaminants from the product for which the product variance is granted will be brought into compliance with applicable emission standards and all district rules, regulations, and orders. No extension may be granted to a petitioner without a showing of good cause and proof of compliance with the findings required by Section 42368. (c) If the product variance is for a process or product that is equivalent to, or exceeds, the applicable standards required by the district’s rules and regulations, and the hearing board granting the variance specifies that the only way to achieve compliance will be for the district to adopt or amend a rule or regulation, the air pollution control officer within 180 days from the effective date of the variance, shall set a public hearing before the district governing board and make a recommendation on whether or not the board should adopt or amend a rule or regulation to bring the product into compliance. The district governing board shall, within one year of the effective date of the variance, take action to (1) adopt or amend a district rule or regulation to bring the product into compliance, or (2) determine that no amendment, rule, or regulation is warranted. If the district governing board fails to take either action, nothing in this subdivision shall limit the petitioner’s rights and remedies under existing law. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
  65. 42400.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section makes certain violations of air-pollution control rules a misdemeanor and sets fines and jail terms, with higher penalties for violations causing actual injury.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400. (a) Except as otherwise provided in Section 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4, any person who violates this part, or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is guilty of a misdemeanor and is subject to a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both. (b) If a violation under subdivision (a) with regard to the failure to operate a vapor recovery system on a gasoline cargo tank is directly caused by the actions of an employee under the supervision of, or of any independent contractor working for, any person subject to this part, the employee or independent contractor, as the case may be, causing the violation is guilty of a misdemeanor and is punishable as provided in subdivision (a). That liability shall not extend to the person employing the employee or retaining the independent contractor, unless that person is separately guilty of an action that violates this part. (c) Any person who owns or operates any source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d), to the health or safety of a considerable number of persons or the public is guilty of a misdemeanor and is subject to a fine of not more than fifteen thousand dollars ($15,000) or imprisonment in the county jail for not more than nine months, or both. (d) As used in this section, “actual injury” means any physical injury that, in the opinion of a licensed physician and surgeon, requires medical treatment involving more than a physical examination. (e) Each day during any portion of which a violation of subdivision (a) or (c) occurs is a separate offense. (Amended by Stats. 2017, Ch. 136, Sec. 4. (AB 617) Effective January 1, 2018.)
  66. 42400.1.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A person who negligently emits an air contaminant in violation of listed air quality rules commits a misdemeanor and may be fined or jailed.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.1. (a) Any person who negligently emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board or of a district pertaining to emission regulations or limitations is guilty of a misdemeanor and is punishable by a fine of not more than twenty-five thousand dollars ($25,000), or imprisonment in a county jail for not more than nine months, or by both that fine and imprisonment. (b) Any person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, is guilty of a misdemeanor and is punishable by a fine of not more than one hundred thousand dollars ($100,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (c) Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 11. Effective January 1, 2002.)
  67. 42400.2.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section makes it a misdemeanor to emit air contaminants in violation of specified rules or permits, if the person knew of the emission and did not take corrective action within a reasonable time.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.2. (a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a district pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is punishable by a fine of not more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) For purposes of this section, “corrective action” means the termination of the emission violation or the grant of a variance from the applicable order, rule, regulation, or permit pursuant to Article 2 (commencing with Section 42350). If a district regulation regarding process upsets or equipment breakdowns would allow continued operation of equipment which is emitting air contaminants in excess of allowable limits, compliance with that regulation is deemed to be corrective action. (c) Any person who owns or operates any source of air contaminants in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, and who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (d) Each day during any portion of which a violation occurs constitutes a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 12. Effective January 1, 2002.)
  68. 42400.3.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section makes certain air-pollution emissions crimes and sets fines and jail terms.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.3. (a) Any person who willfully and intentionally emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board or of a district, pertaining to emission regulations or limitations is guilty of a misdemeanor and is punishable by a fine of not more than seventy-five thousand dollars ($75,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that results in any unreasonable risk of great bodily injury to, or death of, any person, is guilty of a public offense and is punishable by a fine of not more than one hundred twenty-five thousand dollars ($125,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. However, if the defendant is a corporation, the maximum fine may be up to five hundred thousand dollars ($500,000). (c) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person emits an air contaminant in violation of Section 41700 that causes great bodily injury to, or death of, any person is guilty of a public offense, and is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment in a county jail for not more than one year, or both that fine and imprisonment, or is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. If the defendant is a corporation, the maximum fine may be up to one million dollars ($1,000,000). (d) Each day during any portion of which a violation occurs constitutes a separate offense. (e) This section does not preclude punishment under Section 189 or 192 of the Penal Code or any other provision of law that provides a more severe punishment. (f) For the purposes of this section: (1) “Great bodily injury” means great bodily injury as defined by Section 12022.7 of the Penal Code. (2) “Unreasonable risk of great bodily injury or death” means substantial probability of great bodily injury or death. (Amended by Stats. 2011, Ch. 15, Sec. 196. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  69. 42400.3.5.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    This section makes certain knowing violations and false statements about toxic air contaminant rules, permits, and reports a crime, with fines and possible jail time.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.3.5. (a) Any person who knowingly violates any rule, regulation, permit, order, fee requirement, or filing requirement of the state board or of a district, including a district hearing board, that is adopted for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than six months, or both. (b) Any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required by a rule or regulation adopted or permit issued for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, or who knowingly renders inaccurate any monitoring device required by that toxic air contaminant rule, regulation, or permit is subject to a fine of not more than thirty-five thousand dollars ($35,000) or imprisonment in the county jail for not more than nine months, or both. (c) Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, notice to comply, or order of the state board or of a district, is punishable as provided in subdivision (b). (d) Subdivisions (a) and (b) shall apply only to those violations that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3. (Added by Stats. 2000, Ch. 805, Sec. 7. Effective January 1, 2001.)
  70. 42400.4.

    ## 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    In approved Title V districts, knowingly violating certain permit, filing, reporting, or monitoring requirements is a misdemeanor punishable by up to $10,000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.4. (a) In any district where a Title V permit program has been fully approved by the federal Environmental Protection Agency, any person who knowingly violates any federally enforceable permit condition or any fee or filing requirement applicable to a Title V source is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000). (b) In any district in which a Title V permit program has been fully approved by the federal Environmental Protection Agency, any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required of a Title V source of a federally enforceable permit requirement, or who knowingly renders inaccurate any monitoring device or method required of a Title V source, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000). (c) The recovery of civil penalties pursuant to Section 42402, 42402.1, 42402.2, or 42402.3 precludes prosecution pursuant to this section for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense. (d) Each day during any portion of which a violation of subdivision (a) or (b) occurs is a separate offense. (e) This section shall not become operative in a district until the federal Environmental Protection Agency fully approves that district’s Title V permit program. (f) This section applies only to violations described in subdivisions (a) and (b) that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3. (Amended by Stats. 2001, Ch. 769, Sec. 2. Effective January 1, 2002.)
  71. 42400.5.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A person who violates Section 41800 or 41852 may be charged the cost of putting out unauthorized open outdoor fires, on top of the penalties in Section 42400.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.5. In addition to the penalties, specified in Section 42400, the cost of putting out any unauthorized open outdoor fires may be imposed on any person violating Section 41800 or 41852. (Added by Stats. 1976, Ch. 1063.)
  72. 42400.6.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Certain fines or monetary penalties may be collected under either this code or a related Business and Professions Code chapter, but not both.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.6. A fine or monetary penalty specified in Section 39674; subdivision (a), (b), (d), or (e) of Section 42400; Section 42402; or subdivision (a) of Section 44381 of this code, that may be imposed as the result of conduct that is also subject to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, may be collected either under those provisions of this code, or under that chapter of the Business and Professions Code, but not under both. (Added by Stats. 1995, Ch. 618, Sec. 1. Effective January 1, 1996.)
  73. 42400.7.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Civil penalties for certain air-pollution offenses can block criminal prosecution for the same offense, and a filed criminal complaint can require dismissal of the related civil action.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.7. (a) The recovery of civil penalties pursuant to Section 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, or 42402.4 precludes prosecution under Section 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4 for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense. (b) If the pending civil action described in subdivision (a) includes a request for injunctive relief, that portion of the civil action shall not be dismissed upon the filing of a criminal complaint for the same offense. (Added by Stats. 2000, Ch. 805, Sec. 8. Effective January 1, 2001.)
  74. 42400.8.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    When setting a fine under specified air pollution penalty sections, the court must consider all relevant circumstances, including listed factors such as harm, persistence, duration, past violations, maintenance, control equipment novelty, cleanup or construction responses, financial burden, and any other relevant circumstance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42400.8. In determining the amount of fine to impose pursuant to Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall consider all relevant circumstances, including, but not limited to, the following: (a) The extent of harm caused by the violation. (b) The nature and persistence of the violation. (c) The length of time over which the violation occurs. (d) The frequency of past violations. (e) The record of maintenance. (f) The unproven or innovative nature of the control equipment. (g) Any action taken by the person including the nature, extent, and time of response of any cleanup and construction undertaken, to mitigate the violation. (h) The financial burden on the defendant. (i) Any other circumstances the court deems relevant. (Added by Stats. 2000, Ch. 805, Sec. 9. Effective January 1, 2001.)
  75. 42401.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A person who intentionally or negligently violates certain abatement orders may owe a civil penalty of up to $25,000 for each day of violation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42401. Any person who intentionally or negligently violates any order of abatement issued by a district pursuant to Section 42450, by a hearing board pursuant to Section 42451, or by the state board pursuant to Section 41505 is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (Amended by Stats. 1986, Ch. 1453, Sec. 4.)
  76. 42402.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    This section sets civil penalties for violating covered air pollution rules and orders, with higher penalties in some cases and a separate offense for each day of violation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any person who violates this part, any order issued pursuant to Section 42316, or any rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000). (b) (1) A person who violates any provision of this part, any order issued pursuant to Section 42316, or any rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000). (2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct. (B) Subparagraph (A) does not apply to a violation of federally enforceable requirements that occur at a Title V source in a district in which a Title V permit program has been fully approved. (C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616. (c) A person who owns or operates any source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000). (d) Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2018, Ch. 92, Sec. 143. (SB 1289) Effective January 1, 2019.)
  77. 42402.1.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A person who negligently emits an air contaminant in violation of certain air pollution rules can face a civil penalty.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402.1. (a) Any person who negligently emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, pertaining to emission regulations or limitations is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000). (b) Any person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, is liable for a civil penalty of not more than one hundred thousand dollars ($100,000). (c) Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 14. Effective January 1, 2002.)
  78. 42402.2.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A person who emits an air contaminant in violation of covered rules, and knows about the emission but does not correct it within a reasonable time, may face a civil penalty. A higher civil penalty applies if the violation of Section 41700 causes great bodily injury or death.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402.2. (a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a district, including a district hearing board, pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty of not more than forty thousand dollars ($40,000). (b) Any person who owns or operates any source of air contaminants in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000). (c) Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 15. Effective January 1, 2002.)
  79. 42402.3.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    This section sets civil penalties for willfully and intentionally emitting an air contaminant, with higher penalties for certain Section 41700 violations and for corporate violators.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402.3. (a) Any person who willfully and intentionally emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board, or of a district, including a district hearing board, pertaining to emission regulations or limitations, is liable for a civil penalty of not more than seventy-five thousand dollars ($75,000). (b) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that results in an unreasonable risk of great bodily injury to, or death of, any person, is liable for a civil penalty of not more than one hundred twenty-five thousand dollars ($125,000). If the violator is a corporation, the maximum penalty may be up to five hundred thousand dollars ($500,000). (c) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000). If the violator is a corporation, the maximum penalty may be up to one million dollars ($1,000,000). (d) Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 16. Effective January 1, 2002.)
  80. 42402.4.

    ## 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A person who knowingly and with intent to deceive falsifies a required document can face a civil penalty of up to $35,000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402.4. Any person who knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, is liable for a civil penalty of not more than thirty-five thousand dollars ($35,000). (Added by Stats. 2000, Ch. 805, Sec. 14. Effective January 1, 2001.)
  81. 42402.5.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A district may impose administrative civil penalties for certain air pollution control violations if it has adopted procedures and penalty amounts, but each penalty may not exceed $500 per violation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402.5. In addition to any civil and criminal penalties prescribed under this article, a district may impose administrative civil penalties for a violation of this part, or any order, permit, rule, or regulation of the state board or of a district, including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, if the district board has adopted rules and regulations specifying procedures for the imposition and amounts of these penalties. No administrative civil penalty levied pursuant to this section may exceed five hundred dollars ($500) for each violation. However, nothing in this section is intended to restrict the authority of a district to negotiate mutual settlements under any other penalty provisions of law which exceed five hundred dollars ($500). (Added by Stats. 1988, Ch. 1568, Sec. 31.)
  82. 42402.6.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Penalty amounts under related air pollution violation sections may be increased by up to three times if the emission comes from a Title V source and includes certain air contaminants.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 for violations may be multiplied by a factor of not more than three if both of the following occur: (1) The emission is from a Title V source. (2) The emission contains or includes one or more air contaminants, as identified by the state board pursuant to Section 39657, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations. (b) For purposes of this section, “source” means an establishment that is located on one or more contiguous or adjacent properties. (c) In assessing penalties, health impacts, community disruptions, the timeliness and accuracy of the notifications from the violator, and other circumstances related to the violation shall be considered, pursuant to Section 42403. (Added by Stats. 2024, Ch. 300, Sec. 1. (AB 1465) Effective January 1, 2025.)
  83. 42403.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Civil penalties under specified sections are to be pursued in a civil action by certain public attorneys, and the court or district must consider relevant circumstances when setting the amount.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction. (b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following: (1) The extent of harm caused by the violation. (2) The nature and persistence of the violation. (3) The length of time over which the violation occurs. (4) The frequency of past violations. (5) The record of maintenance. (6) The unproven or innovative nature of the control equipment. (7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation. (8) The financial burden to the defendant. (Amended by Stats. 2024, Ch. 300, Sec. 2. (AB 1465) Effective January 1, 2025.)
  84. 42403.5.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    An owner can face civil penalties for a Section 41700 violation caused by idling a diesel-powered bus engine, unless an affirmative defense 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42403.5. (a) Notwithstanding Section 42407, any violation of Section 41700 resulting from the engine of any diesel-powered bus while idling shall subject the owner to civil penalties assessed under this article, which may be recovered pursuant to Section 42403 by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction. (b) There is no liability under subdivision (a) if the person accused of the violation establishes by affirmative defense that the extent of the harm caused does not exceed the benefit accrued to bus passengers as a result of idling the engine. (Added by Stats. 1987, Ch. 107, Sec. 1.)
  85. 42404.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    A civil-penalty recovery action under Section 42403 gets special priority on the court calendar, ahead of other civil matters except those given equal priority 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42404. An action brought pursuant to Section 42403 to recover such civil penalties shall take special precedence over all other civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law. (Added by Stats. 1975, Ch. 957.)
  86. 42404.5.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Any limitation period for actions under Section 42403 starts only when the offense is discovered, or could reasonably have been discovered.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42404.5. Any limitation of time applicable to actions brought pursuant to Section 42403 shall not commence to run until the offense has been discovered, or could reasonably have been discovered. (Added by Stats. 1987, Ch. 260, Sec. 1.)
  87. 42405.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This section allocates collected penalties among the district treasurer, the State Treasurer, and the General Fund depending on who brings the action.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42405. In an action brought pursuant to Section 42403 by the Attorney General on behalf of a district, one-half of the penalty collected shall be paid to the treasurer of the district on whose behalf judgment was entered, and one-half of the penalty collected shall be paid to the State Treasurer for deposit in the General Fund. If the action is brought by the Attorney General on behalf of the state board, the entire penalty collected shall be paid to the State Treasurer for deposit in the General Fund. If the action is brought by a district attorney or by an attorney for a district, the entire amount of the penalty collected shall be paid to the treasurer of the district on whose behalf judgment was entered. (Amended by Stats. 1981, Ch. 1127.)
  88. 42405.1.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    People who provide information leading to certain air-pollution penalties may receive a reward, but only within the section’s limits and eligibility 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42405.1. (a) Any person who provides information that materially contributes to the imposition of a civil penalty or criminal fine against any person for violating any provision of this part or any rule, regulation, or order of a district pertaining to mobile source emission regulations or limitations shall be paid a reward pursuant to regulations adopted by the district under subdivision (f). The reward shall not exceed 10 percent of the amount of the civil penalty or criminal fine collected by the district, district attorney, or city attorney. The district shall pay the reward to the person who provides information that results in the imposition of a civil penalty, and the city or the county shall pay the reward to the person who provides information that results in the imposition of a criminal fine. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000). (b) No informant shall be eligible for a reward for a violation known to the district, unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section. (c) If there is more than one informant for a single violation, the first notification received by the district shall be eligible for the reward. If the notifications are postmarked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants. (d) Public officers and employees of the United States, the State of California, or districts, counties, and cities in California are not eligible for the reward pursuant to subdivision (a), unless reporting of those violations does not relate in any manner to their responsibilities as public officers or employees. (e) An informant who is an employee of a business and who provides information that the business violated this part is not eligible for a reward if the employee intentionally or negligently caused the violation or if the employee’s primary and regular responsibilities included investigating the violation, unless the business knowingly caused the violation. (f) The district shall adopt regulations that establish procedures for a determination of the accuracy and validity of information provided and for the receipt and review of claims for payment of rewards. All decisions concerning the eligibility for a reward and the materiality of the provided information shall be made pursuant to these regulations. In each case brought under subdivision (a), the district, the office of the city attorney, or the district attorney, whichever office brings the action, shall determine whether the information materially contributed to the imposition of civil or criminal penalties for violating any provision of this part or any rule, regulation, or order of a district pertaining to emission regulations or limitations. (g) The district shall continuously publicize the availability of the rewards pursuant to this section for persons who provide information pursuant to this section. (h) Claims may be submitted only for those referrals made on or after January 1, 1989. (Amended by Stats. 2000, Ch. 890, Sec. 43. Effective January 1, 2001.)
  89. 42405.5.

    ## 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    If a state or local agency helps investigate or pursue certain civil penalty actions in coordination with the state board or a district, it must be reimbursed from the penalty proceeds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42405.5. (a) If any state or local government agency provides assistance in the investigation, data collection, or monitoring, preparation, or prosecution of an action to recover civil penalties pursuant to Section 42401, 42402, 42402.1, or 42402.2, and that assistance is provided in coordination with the state board or a district prosecuting the action, that agency shall be reimbursed out of the proceeds of the penalty collected for its costs and expenses incurred in providing the assistance. (b) If the penalty collected is insufficient to fully reimburse the state board or district for the costs and expenses incurred in preparing and prosecuting the case and another agency or agencies for the costs and expenses incurred in assisting in the case, the amount collected shall be prorated among the state board or district and the assisting agency or agencies, on the basis of costs and expenses incurred by each. (c) This section does not apply where there is an express agreement between the state board or district and another agency or agencies regarding reimbursement for assistance services and expenses. (Added by Stats. 1986, Ch. 1453, Sec. 9.)
  90. 42406.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The district has a lien on a vessel to secure a civil penalty, and it may recover that lien in an action against the vessel.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42406. To secure a civil penalty imposed pursuant to this article on the operation of a vessel, the district shall have a lien on the vessel which may be recovered in an action against the vessel in accordance with the provisions of Article 3 (commencing with Section 490), Chapter 2, Division 3 of the Harbors and Navigation Code, except that no undertaking shall be required to be filed by the district board as a condition to the issuance of a writ of attachment. (Added by Stats. 1975, Ch. 957.)
  91. 42407.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    This article does not apply to vehicular sources, except where the cited provisions say 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42407. Except as provided in Chapter 3.4 (commencing with Section 39640) of Part 2 and Sections 40720 and 42403.5, this article is not applicable to vehicular sources. (Amended by Stats. 2009, Ch. 561, Sec. 2. (SB 124) Effective January 1, 2010.)
  92. 42408.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Tampering with certain ambient air monitoring equipment is a misdemeanor and can also lead to civil damages liability.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42408. (a) Any person who tampers with any ambient air monitoring equipment, including related recording equipment, owned or operated by a county, unified or regional air pollution control district, air quality management district, or by the State of California, is guilty of a misdemeanor, and is liable in a civil action for damages caused by the tampering to the owner or operator of the equipment. (b) For purposes of this section, “tampering” means any unauthorized, intentional touching or other conduct affecting the operational status of monitoring equipment which has the potential to invalidate data collected from the monitoring activity. (Added by Stats. 1989, Ch. 722, Sec. 1.)
  93. 42409.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    Every district must publish a written list of potential violations subject to penalties under this article and make it available to interested parties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42409. Every district shall publish in writing and make available to any interested party a list which describes potential violations subject to penalties under this article . The list shall also include the minimum and maximum penalties for each violation which may be assessed by a district pursuant to this article. (Added by Stats. 1991, Ch. 744, Sec. 1.)
  94. 42410.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board may impose an administrative penalty for certain violations instead of seeking a civil penalty, but not both.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42410. (a) As an alternative to seeking civil penalties under Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 for a violation of regulations of the state board, the state board may impose an administrative penalty, as specified in this section. Any administrative penalty imposed under this section shall be imposed as an alternative to, and not in addition to, a civil penalty imposed pursuant to this article. No administrative penalty imposed by the state board pursuant to this section shall exceed the amount that the state board is authorized to seek as a civil penalty for the applicable violation, and no administrative penalty imposed pursuant to this section shall exceed ten thousand dollars ($10,000) for each day in which there is a violation up to a maximum of one hundred thousand dollars ($100,000) per penalty assessment proceeding. (b) Nothing in this section restricts the authority of the state board to negotiate mutual settlements under any other penalty provision of law that exceeds ten thousand dollars ($10,000) for each day in which there is a violation of one hundred thousand dollars ($100,000) per penalty assessment proceeding. (c) The administrative penalties authorized by this section shall be imposed and recovered by the state board in administrative hearings established pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, except that the hearings shall be conducted by an administrative law judge appointed by the Office of Administrative Hearings. (d) Nothing in this section authorizes the state board to seek penalties for categories of violations for which the state board may not recover penalties in a civil action. (e) If the state board imposes any administrative penalties pursuant to this section, the state board may not bring any action pursuant to, or rely upon, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code. (f) In determining the amount of any administrative penalty imposed pursuant to this section, the state board shall take into consideration all relevant circumstances, including, but not limited to, those factors specified in subdivision (b) of Section 42403. (g) After an order imposing an administrative penalty becomes final pursuant to the hearing procedures identified in subdivision (c), and no petition for a writ of mandate has been filed within the time allotted for seeking judicial review of the order, the state board may apply to the Superior Court for the County of Sacramento for a judgment in the amount of the administrative penalty. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment. (h) For any violation that is within the enforcement jurisdiction of both the state board and the districts, the state board may impose an administrative penalty pursuant to this section only if the district in which the violation has occurred has not commenced an enforcement action for that violation. (i) This section is not intended, and shall not be construed, to grant the state board authority to assess an administrative penalty for any category of violation that was not subject to enforcement by the state board as of January 1, 2002. (j) Any administrative penalty assessed pursuant to this section shall be paid to the State Treasurer for deposit in the General Fund. (k) A party adversely affected by the final decision in the administrative hearing may seek independent judicial review by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure. ( l) This section shall only apply to violations that occur on or after January 1, 2002. (m) On or before January 30, 2005, the state board shall prepare and submit to the Legislature and the Governor a report summarizing the administrative penalties imposed by the state board pursuant to this section for calendar years 2002, 2003, 2004, and 2005. (Added by Stats. 2001, Ch. 769, Sec. 3. Effective January 1, 2002.)
  95. 42411.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board or a district must increase maximum penalties under this chapter every year based on the California Consumer Price Index.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3. Penalties [42400 - 42411] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 42411. Notwithstanding any other law, maximum penalties assessed by the state board or a district pursuant to this chapter as of January 1, 2018, shall be increased annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (Added by Stats. 2017, Ch. 136, Sec. 6. (AB 617) Effective January 1, 2018.)
  96. 42420.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3.5. Compliance Programs [42420 - 42421] ( Article 3.5 added by Stats. 1993, Ch. 1028, Sec. 9. )

    Verify source ↗

    Districts should prioritize enforcement programs and, where appropriate, try to establish alternatives to civil or criminal penalties for certain air-quality violations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3.5. Compliance Programs [42420 - 42421] ( Article 3.5 added by Stats. 1993, Ch. 1028, Sec. 9. ) ## 42420. The Legislature hereby finds and declares as follows: (a) District enforcement programs should be prioritized to ensure that the imposition of civil and criminal penalties is commensurate with the severity of the violation. (b) Districts shall endeavor to establish, where appropriate, alternatives to civil or criminal penalties for those circumstances in which the violation neither contributes to, nor potentially conceals, an emission that significantly contributes to unhealthful air quality. (Added by Stats. 1993, Ch. 1028, Sec. 9. Effective January 1, 1994.)
  97. 42421.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3.5. Compliance Programs [42420 - 42421] ( Article 3.5 added by Stats. 1993, Ch. 1028, Sec. 9. )

    Verify source ↗

    Districts with a population of one million or more must establish a compliance program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 3.5. Compliance Programs [42420 - 42421] ( Article 3.5 added by Stats. 1993, Ch. 1028, Sec. 9. ) ## 42421. Each district which has a population of one million or more shall establish a compliance program that shall consist of all of the following elements: (a) Procedures to ensure the consistent issuance of notices of compliance and notices of violations. (b) A compliance assistance program to provide information to small businesses with regard to statutes and district rules and regulations to which they are subject and to assist them in identifying the most efficient and least costly means of complying with those statutes and rules and regulations. (c) Settlement agreement procedures whereby persons who are in violation of those statutes or district rules or regulations may agree to take actions to improve air quality in lieu of paying monetary fines or penalties. (Added by Stats. 1993, Ch. 1028, Sec. 9. Effective January 1, 1994.)
  98. 42450.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district board may issue an abatement order after notice and a hearing if it finds a person is operating without a required permit or violating listed air-pollution rules or orders.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42450. The district board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or is in violation of Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air. In holding such a hearing, the district board shall be vested with all the powers and duties of the hearing board. Notice shall be given, and the hearing shall be held, pursuant to Chapter 8 (commencing with Section 40800) of Part 3. (Amended by Stats. 1988, Ch. 183, Sec. 1.)
  99. 42450.1.

    ## 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    This article applies to any abatement order issued under Section 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42450.1. This article applies to any order for abatement issued pursuant to a determination made under Section 42301.7. (Added by Stats. 1988, Ch. 1589, Sec. 12.)
  100. 42451.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The hearing board may issue an abatement order when specified air permit or air-contaminant rules are violated, and it may do so either after notice and a hearing or, alternatively, under a stipulation with the enforcement officer and accused person. In the stipulation route, the board must include a written explanation in the order.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42451. (a) On its own motion, or upon the motion of the district board or the air pollution control officer, the hearing board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or is in violation of Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air. (b) As an alternative to subdivision (a), the hearing board may issue an order for abatement pursuant to the stipulation of the air pollution control officer and the person or persons accused of constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or of violating Section 41700 or 41701, or any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air, upon the terms and conditions set forth in the stipulation, without making the finding required under subdivision (a). The hearing board shall, however, include a written explanation of its action in the order for abatement. (Amended by Stats. 1988, Ch. 183, Sec. 2.)
  101. 42451.5.

    ## 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The air pollution control officer may issue an interim abatement order in urgent endangerment cases, but must notify the person, provide the accusation and challenge procedure, and follow set hearing and rescission 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42451.5. (a) The air pollution control officer may issue an interim order for abatement, pending a hearing pursuant to Section 42451, if the air pollution control officer finds that any person is causing an imminent and substantial endangerment to the public health or welfare, or the environment, by constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or by violating Section 41700 or 41701 or any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air. An interim order under this subdivision or subdivision (b) shall be effective upon the notification of the person of the issuance of the order. In notifying the person, the air pollution control officer shall also provide the person with an accusation specifying the grounds on which the order is issued and procedures by which the person may challenge the order. (b) Before issuing an interim order, the air pollution control officer shall make reasonable efforts to meet and confer with the person regarding the imminent and substantial endangerment findings and make a good faith effort to agree on a stipulated interim order. The person may offer, for the air pollution control officer’s consideration, any proposed alternative air pollution control measures that will prevent further imminent and substantial endangerment. (c) Upon receipt by the district of a notice of defense to the accusation from the person, the district shall, within 3 business days, set the matter for a hearing pursuant to this article, which shall be held and completed as soon as possible, but not later than 30 days after the receipt of the notice. If the hearing is not completed within this 30-day period, the interim order shall be rescinded unless the hearing has already commenced and the hearing board has made a preliminary determination that there is substantial evidence that an imminent and substantial endangerment to the public health or welfare, or the environment, still exists. (d) Except as provided in subdivisions (c), (e), and (f), an interim order shall remain in effect until the hearing board has made a final determination on the merits, which shall be as soon as possible, but not later than 14 days after the completion of the hearing. If the determination is not transmitted within this period, the order shall be of no further effect. (e) The air pollution control officer shall rescind an interim order if he or she finds that the order is no longer necessary. (f) The hearing board shall vacate an interim order at any time after the hearing has commenced if it finds that an imminent and substantial endangerment to the public health or welfare, or the environment, does not exist or no longer exists. Nothing in this subdivision shall preclude the air pollution control officer from continuing to seek an order for abatement from the hearing board. (g) The air pollution control officer shall not delegate the authority provided by this section. If the air pollution control officer is unavailable or absent, the person designated to serve as the air pollution control officer under those circumstances may exercise the authority provided by this section, which shall not be delegated by that person. (h) Matters under this section shall be considered and concluded with all due expedience. (Added by Stats. 2017, Ch. 171, Sec. 1. (AB 1132) Effective January 1, 2018.)
  102. 42452.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    An abatement order must be framed like an injunction and can require the respondent to stop a particular 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 4. Enforcement [42300 - 42454] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42452. The order for abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be conditional and require a respondent to refrain from a particular act unless certain conditions are met. The order shall not have the effect of permitting a variance unless all the conditions for a variance, including limitation of time, are met. (Added by Stats. 1975, Ch. 957.)
  103. 42453.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The district must bring a mandatory or prohibitory injunction proceeding in the superior court of the county where the violation occurs, to stop a person who was ordered to abate and then violates that order.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42453. A proceeding for mandatory or prohibitory injunction shall be brought by the district in the name of the people of the State of California in the superior court of the county in which the violation occurs to enjoin any person to whom an order for abatement pursuant to Section 42452 has been directed and who violates such order. (Added by Stats. 1975, Ch. 957.)
  104. 42454.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Proceedings under Section 42453 must follow specified civil procedure rules, but proof of no adequate remedy at law or irreparable harm is not required.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed 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 4. Orders for Abatements [42450 - 42454] ( Article 4 added by Stats. 1975, Ch. 957. ) ## 42454. Proceedings under Section 42453 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of adequate remedy at law or to show irreparable damage or loss. If, in any such proceeding, it shall be shown that an order for abatement has been made, that it has become final, and that its operation has not been stayed, it shall be sufficient proof to warrant the granting of a preliminary injunction. If, in addition, it shall be shown that the respondent continues, or threatens to continue, to violate such order for abatement, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order. (Added by Stats. 1975, Ch. 957.)
  105. 425.

    ## 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 9. Air Sanitation [425- 425.] ( Article 9 repealed and added by Stats. 1967, Ch. 1545. )

    Verify source ↗

    The State Department of Health Services must send recommendations on ambient air quality standards to the State Air Resources Board.

    ## 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 9. Air Sanitation [425- 425.] ( Article 9 repealed and added by Stats. 1967, Ch. 1545. ) ## 425. The State Department of Health Services shall submit to the State Air Resources Board recommendations for ambient air quality standards reflecting the relationship between the intensity and composition of air pollution and the health, illness, irritation to the senses, and the death of human beings. (Amended by Stats. 1977, Ch. 1252.)
  106. 42500.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

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    This chapter is named the Protect California Air Act of 2003 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42500. This chapter shall be known, and may be cited, as the Protect California Air Act of 2003. (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  107. 42501.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s findings about federal new source review, air pollution controls, and California’s authority to keep air standards strict.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42501. The Legislature finds and declares all of the following: (a) For over 25 years, the federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.) has required major new and modified sources of air pollution to be subject to a new source review program for nonattainment areas and for the prevention of significant deterioration, in order to ensure that those sources use the requisite level of emission control, offset any new emissions, and comply with other requirements, as a means of ensuring that those new and modified sources do not adversely affect air quality. (b) Requiring controls and emission offsets for new and modified sources ensures that industrial growth does not result in unacceptable levels of air pollution and that existing sources operate more cleanly over time by applying emission controls when those sources are overhauled or upgraded. Without these limits, air quality would degrade over time, and industrial growth, critical to the economic health of the state, would be foreclosed. (c) The new source review program has been a cornerstone of the state’s efforts to reduce pollution from new and existing industrial sources by requiring those sources to use the requisite level of emission controls based on the attainment status of the area where the source is located. (d) The U.S. Environmental Protection Agency (U.S. E.P.A.) initially promulgated, and subsequently has revised, the new source review program to carry out the requirements of the federal Clean Air Act for preconstruction review of new and modified sources of air pollutants by the states. (e) On December 31, 2002, the U.S. E.P.A., under the direction of the President of the United States, promulgated regulations that substantially weaken the basic federal new source review program (67 Fed.Reg. 80186-80289 (Dec. 31, 2002)). In promulgating the regulatory amendments, the U.S. E.P.A. claims that the new source review program has impeded or resulted in the cancellation of projects that would maintain or improve reliability, efficiency, and safety. This claim is contradicted by California’s experience under the new source review programs of the air pollution control and air quality management districts. (f) The amendments promulgated December 31, 2002, will drastically reduce the circumstances under which modifications at an existing source would be subject to federal new source review. The U.S. E.P.A. has also proposed a rule that will change the definition of “routine maintenance, repair and replacement.” If that rule is finalized, it will significantly worsen the situation. (g) The newly revised and proposed federal new source review reneges on the promise of clean air embodied in the federal Clean Air Act, and threatens to undermine the air quality of the State of California and thereby threaten the health and safety of the people of the State of California. (h) Section 107 of the federal Clean Air Act (42 U.S.C. Sec. 7407) provides that the state has primary responsibility for meeting ambient air quality standards in all areas of the state, and that the means to achieve the standards shall be set out in the state implementation plan, or SIP. (i) Section 116 of the federal Clean Air Act (42 U.S.C. Sec. 7416) preserves the right of states to adopt air pollution control requirements that are more stringent than comparable federal requirements. Moreover, the recent revisions to the federal new source review regulations provide that the states may adopt permitting programs that are “at least as stringent” as the new federal “revised base program,” and that the federal regulations “certainly do not have the goal of ’preempting’ State creativity or innovation.” (67 Fed.Reg. 80241 (Dec. 31, 2002)). (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  108. 42502.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    This section says California has a strong interest in protecting air quality, and that emissions from nonvehicular sources must be controlled. It also says new and modified sources generally must use control technology and offset emission increases unless exempted.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42502. The Legislature further finds and declares all of the following: (a) The people of the State of California have a primary interest in safeguarding the air quality in the state from degradation and in ensuring the enhancement of the air quality of the state. (b) Emissions from nonvehicular sources are a significant contributing factor to unhealthful levels of air pollution in California. These emissions must be controlled to protect public health and the environment, and to allow the economic benefits of new and expanded business in this state without compromising those important goals. (c) Under state law, air quality management districts and air pollution control districts have primary responsibility for controlling air pollution caused by nonvehicular sources, including stationary sources. The primary mechanism for controlling pollution from new and modified stationary sources is the existing new source review program of the districts. The application of the new source review programs requires that all new and modified sources, unless specifically exempted, must apply control technology and offset emissions increases as a condition of receiving a permit. (d) The districts generally require the application of the lowest achievable emission rate, also known as California BACT, to achieve the necessary level of emission control from new or modified sources. (e) The requirement for California BACT, offsets, and other requirements are set out in the rules and regulations adopted by the districts to establish the new source review program. These rules and regulations, which typically are more stringent than the minimum requirements established by federal law, are reviewed and approved by the state board and transmitted to the U.S. E.P.A. for inclusion in the SIP. (f) The districts have one of the most effective new source review programs in the nation, with requirements for advanced emission control technology on new and expanding sources as its foundation. This technology-based program succeeds by requiring application of emission control technology at the time of construction or when a source undergoes a significant modification, which maximizes the emission reduction benefits and reduces costs. (g) With this and other programs, California has been able to improve air quality despite increases in population, industrial output, and motor vehicle use. However, significant areas of the state still do not meet the federal or state ambient air quality standards, which are set at levels necessary to protect public health and welfare. Any rollback of the new source review program, as a result of the federal “reforms,” would exacerbate the continuing air pollution challenges faced by the state and delay attainment of the state and federal ambient air quality standards. (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  109. 42503.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    This section states the purposes of the chapter, including improving air quality, protecting public health, supporting clean-air resources, and requiring careful review and public participation before permitting increased air pollution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42503. The purposes of this chapter are all of the following: (a) To attain and maintain state and federal ambient air quality standards by the earliest practicable date. (b) To protect public health and welfare from any actual or potential adverse effect which reasonably may be anticipated to occur from air pollution. (c) To preserve, protect and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value. (d) To ensure that economic growth will occur in a manner consistent with the preservation of existing clean air resources. (e) To ensure that emissions from any source in the state will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for this or any other state. (f) To ensure that any decision to permit increased air pollution in any area to which this chapter applies is made only after careful evaluation of all the consequences of that decision and after adequate procedural opportunities for informed public participation in the decisionmaking process. (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  110. 42504.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    Air districts generally may not make new source review rules less stringent than they were on December 30, 2002, and the state board must step in if a district’s rules are not equivalent.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42504. (a) No air quality management district or air pollution control district may amend or revise its new source review rules or regulations to be less stringent than those that existed on December 30, 2002. If the state board finds, after a public hearing, that a district’s rules or regulations are not equivalent to or more stringent than the rules or regulations that existed on December 30, 2002, the state board shall promptly adopt for that district the rules or regulations that may be necessary to establish equivalency, consistent with subdivision (b). (b) (1) In amending or revising its new source review rules or regulations, a district may not change any of the following that existed on December 30, 2002, if the amendments or revisions would exempt, relax or reduce the obligations of a stationary source for any of the requirements listed in paragraph (2): (A) The applicability determination for new source review. (B) The definition of modification, major modification, routine maintenance, or repair or replacement. (C) The calculation methodology, thresholds or other procedures of new source review. (D) Any definitions or requirements of the new source review regulations. (2) (A) Any requirements to obtain new source review or other permits to construct, prior to commencement of construction. (B) Any requirements for best available control technology (BACT). (C) Any requirements for air quality impact analysis. (D) Any requirements for recordkeeping, monitoring and reporting in a manner that would make recordkeeping, monitoring, or reporting less representative, enforceable, or publicly accessible. (E) Any requirements for regulating any air pollutant covered by the new source review rules and regulations. (F) Any requirements for public participation, including a public comment period, public notification, public hearing, or other opportunities or forms of public participation, prior to issuance of permits to construct. (c) In amending or revising its new source review rules or regulations, a district may change any of the items in paragraph (1) of subdivision (b) only if the change is more stringent than the new source review rules or regulations that existed on December 30, 2002. (d) Notwithstanding subdivisions (a), (b), and (c), a district may amend or revise a rule or regulation if a district board, at the time the amendments or revisions are adopted, makes its decision based upon substantial evidence in the record, the amendments or revisions are submitted to and approved by the state board after a public hearing, and each of the following conditions is met: (1) The amended or revised rule or regulation will do one of the following: (A) Will replace an existing rule or regulation that caused a risk to public health or safety from exposure to a toxic material, a dangerous condition, or an infectious disease with a rule or regulation that provides greater protection to public health or safety. (B) Will replace an existing rule or regulation that has been found to be unworkable due to engineering or other technical problems with a rule or regulation that is effective. (C) Will allow an amendment to an existing rule or regulation that otherwise will cause substantial hardship to a business, industry, or category of sources, if all of the following criteria are met: (i) The amendment is narrowly tailored to relieve the identified hardship. (ii) The district provides equivalent reductions in emissions of air contaminants to offset any increase in emissions of air contaminants. (iii) All reductions in emissions of air contaminants are real, surplus, quantifiable, verifiable, enforceable, and timely. For the purposes of this clause, reductions are timely if they occur no more than three years prior to, and no more than three years following, the occurrence of the increase in emissions of air contaminants. (iv) Information regarding the reductions in emissions of air contaminants is available to the public. (D) Is a temporary rule or regulation necessary to respond to an emergency consisting of a sudden, unexpected occurrence and demanding prompt action to prevent or mitigate loss of or damage to life, health, property, or essential services and the temporary rule or regulation does not extend beyond the reasonably anticipated duration of the emergency. (E) Will not, if the district is in attainment with all national ambient air quality standards, impair or impede continued maintenance of those standards or progress toward achieving attainment of state ambient air quality standards. (2) The amended or revised rule or regulation will not exempt, relax, or reduce the obligation of any stationary source under the rules or regulations of the district, as those rules or regulations existed on December 30, 2002, to obtain a permit or to meet best available control technology requirements. This paragraph only applies to a source that constituted a major source under the rules or regulations of a district that existed on December 30, 2002, and does not apply to any individual best available control technology determination. (3) The amended or revised rule or regulation is otherwise consistent with this division. (4) The amended or revised rule or regulation is consistent with any guidance approved by the state board regarding environmental justice. (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  111. 42505.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    This section defines what counts as a district’s “existing new source review program” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42505. For purposes of this chapter, each district’s “existing new source review program” is comprised of those new source review rules and regulations for both nonattainment and prevention of significant deterioration for new, modified, repaired, or replaced sources that have been adopted by the district governing board on or prior to December 30, 2002, that have been submitted to the U.S. Environmental Protection Agency by the state board for inclusion in the state implementation plan and are pending approval or have been approved by the U.S. Environmental Protection Agency. (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  112. 42506.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    The state board must provide specified federal new source review materials on its website and in writing for public purchase.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42506. In order to assist in interpreting district rules and regulations governing new source review for nonattainment areas and for prevention of significant deterioration, the state board shall provide on its Web site and in writing for purchase by the public, a copy of the federal new source review regulations as they existed on December 30, 2002, and the United States Environmental Protection Agency’s guidance document entitled, “New Source Review Workshop Manual: Prevention of Significant Deterioration and Nonattainment Area Permitting,” (October 1990 Draft). (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  113. 42507.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter is intended to remain effective.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4.5. Protect California Air Act of 2003 [42500 - 42507] ( Chapter 4.5 added by Stats. 2003, Ch. 476, Sec. 1. ) ## 42507. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 2003, Ch. 476, Sec. 1. Effective January 1, 2004.)
  114. 42700.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must assess monitoring-device feasibility for certain stationary sources, and districts must let stationary sources use electronic or computer data storage for compliance with Section 39616.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42700. (a) The Legislature hereby finds and declares that stationary sources of air pollution are known to emit significant amounts of pollutants into the air, but that existing sampling techniques are not sufficiently precise to permit accurate measurement. The Legislature further finds and declares that more accurate data will improve the design of strategies for the control of pollutants in the most cost-effective manner. (b) The Legislature further finds and declares that public complaints about excessive emissions from stationary sources are difficult or impossible to evaluate in the absence of adequate means of monitoring emissions on a continuing basis. The Legislature further finds and declares that, although the state board and the districts are authorized under Sections 41511 and 42303 to require stationary sources of air contaminants to install and operate monitoring devices to measure and record continuously the emissions concentration and amount of any specified pollutant, many districts have failed to exercise that authority. (c) The Legislature further finds and declares that all districts, especially the bay district, the districts located, in whole or part, within the South Coast Air Basin, and the San Diego County Air Pollution Control District, should be encouraged to require that monitoring devices be installed in each stationary source of air contaminants that emits into the atmosphere 100 tons or more each year of nonmethane hydrocarbons, oxides of nitrogen, oxides of sulfur, reduced sulfur compounds, or particulate matter or 1,000 tons or more each year of carbon monoxide. (d) The Legislature further finds and declares that, pursuant to Section 39616, the south coast district has required the installation of a substantial number of monitoring devices and the installation and use of strip chart recorders for compliance purposes. However, electronic or computer data capture and storage is generally less costly and may have the capability to provide greater data availability with the same degree of security. (e) To encourage the districts to take actions to monitor emissions of stationary sources as described in this section, the state board shall determine the availability, technological feasibility, and economic reasonableness of monitoring devices for those stationary sources as provided by Section 42701. (f) To make emissions data available to the public and to minimize burdens on the private sector, the districts shall allow stationary sources the option of using electronic or computer data storage for purposes of compliance with Section 39616. (Amended by Stats. 1996, Ch. 618, Sec. 6. Effective January 1, 1997.)
  115. 42701.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    The state board must determine the feasibility and reasonableness of certain monitoring devices and finish an initial review by June 1, 1975.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42701. (a) For the purposes of Sections 41511 and 42303, the state board shall determine the availability, technological feasibility, and economic reasonableness of monitoring devices to measure and record continuously the emissions concentration and amount of nonmethane hydrocarbons, oxides of nitrogen, oxides of sulfur, reduced sulfur compounds, particulate matter, and carbon monoxide emitted by stationary sources. Such determination shall be made for stationary sources which emit such contaminants in the quantities set forth in Section 42700, and may be made for stationary sources which emit lesser amounts. The state board shall complete an initial review of submitted devices by June 1, 1975. (Added by Stats. 1975, Ch. 957.)
  116. 42702.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must specify which stationary sources, processes, and contaminants are covered when monitoring devices are available, technologically feasible, and economically reasonable.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42702. The state board shall specify the types of stationary sources, processes, and the contaminants, or combinations thereof, for which a monitoring device is available, technologically feasible, and economically reasonable. Such specification may be by any technologically based classification, including on an industrywide basis or by individual stationary source, by air basin, by district, or any other reasonable classification. (Added by Stats. 1975, Ch. 957.)
  117. 42703.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must require a manufacturer to reimburse the board’s actual expenses for determining a submitted monitoring device, including applicable testing and review contract costs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42703. The state board shall require the manufacturer of any monitoring device submitted for a determination to reimburse the state board for its actual expenses incurred in making the determination, including, where applicable, its contract expenses for testing and review. (Added by Stats. 1975, Ch. 957.)
  118. 42704.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    The state board may revoke or modify a prior determination of availability when delay or loss of availability of a monitoring device is caused by circumstances beyond its control or beyond the control of a stationary source required to install the 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 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42704. After the state board has made a determination of availability, the state board may, as appropriate, revoke or modify its prior determination of availability if circumstances beyond the control of the state board, or of a stationary source required to install a monitoring device, cause a substantial delay or impairment in the availability of the device or cause the device no longer to be available. (Amended by Stats. 1976, Ch. 1063.)
  119. 42705.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    Some stationary sources must keep monitoring-device records for at least two years and provide them to the state board or district on 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 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42705. Any stationary source required by the district in which the source is located to install and operate a monitoring device shall retain the records from the device for not less than two years and, upon request, shall make the records available to the state board and the district. The district shall allow the source the option of using electronic or computer data storage, as defined in Section 40407.5 and consistent with Section 40440.3, as a method of record retention. The source shall not be limited solely to the installation or maintenance of strip chart recorders. (Amended by Stats. 1996, Ch. 618, Sec. 7. Effective January 1, 1997.)
  120. 42705.5.

    ## 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 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    This section sets definitions and requires the state board and districts to plan, select, deploy, update, report on, and publish information about community air monitoring systems.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42705.5. (a) For purposes of this section, the following definitions and related provisions shall apply: (1) “Community air monitoring system” means advanced sensing monitoring equipment that measures and records air pollutant concentrations in the ambient air at or near sensitive receptor locations and in disadvantaged communities and that may be useful for estimating associated pollutant exposures and health risks, determining trends in air pollutant levels over time, and in supporting enforcement efforts. (2) “Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711. (3) “Fence-line monitoring system” means monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts. (4) “Nonattainment pollutant” has the same meaning as in Section 39607.1. (5) “Sensitive receptors” includes hospitals, schools and day care centers, and such other locations as the district or state board may determine. (6) “Stationary source” has the same meaning as in Section 39607.1. (b) On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industries, and other interested stakeholders, a monitoring plan regarding the availability and effectiveness of toxic air contaminant and criteria air pollutant advanced sensing monitoring technologies and existing community air monitoring systems, as well as the need for and benefits of establishing additional community air monitoring systems. In preparing the monitoring plan, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state. (c) (1) Based on findings and recommendations in the monitoring plan prepared pursuant to subdivision (b), the state board shall select, concurrent with the monitoring plan, in consultation with the districts and based on an assessment of the locations of sensitive receptors and disadvantaged communities, the highest priority locations around the state to deploy community air monitoring systems, which shall be communities with high exposure burdens for toxic air contaminants and criteria air pollutants. By July 1, 2019, any district containing a location selected pursuant to this subdivision shall deploy a community air monitoring system in the selected location or locations. In implementing this subdivision, the district may require any stationary source that emits pollutants in, or that materially affect, the highest priority locations identified pursuant to this subdivision to deploy a fence-line monitoring system or other appropriate real-time, on-site monitoring, taking into account technical capabilities, cost, and the degree to which additional data would materially contribute to an understanding of community risk. (2) Subject to available funding, monitoring in a location selected under this subdivision shall be active for no fewer than five years, with an option for the district and the state board to agree to extend active monitoring for additional five-year periods, as necessary. (d) Subject to available funding, by January 1, 2020, and January 1 of every year thereafter, the state board shall select additional locations pursuant to subdivision (c), as the state board deems appropriate based on the monitoring plan described in subdivision (b). Any district containing a location selected pursuant to this subdivision shall deploy a community air monitoring system in the selected location within one year of the state board selecting the location. The state board shall hold an annual public hearing on the status of implementing the network of community air monitoring systems and make recommendations for improvements. (e) Subject to available funding, by July 1, 2026, and every five years thereafter, the state board shall update the monitoring plan detailed in subdivision (b). The update shall be considered and approved by the state board before it is implemented. (f) Subject to available funding, the districts shall provide to the state board the air quality data produced by the community air monitoring systems deployed pursuant to this section. The state board shall publish the air quality data on its internet website. (g) (1) Notwithstanding Section 10231.5 of the Government Code, by March 1, 2027, and annually thereafter, the state board, in consultation with the districts, shall report to the appropriate subcommittees of the budget committee of each house of the Legislature about the progress the state board and the districts have made in implementing this section. This report shall include, but is not limited to, all of the following: (A) The status of implementation in each selected community. (B) Best practices identified. (C) Lessons learned through implementation. (D) Enforcement activities. (E) Any outcome data that is available, either through air monitoring or other means, including, but not limited to, achieved emissions reductions. (F) A report of expenditures made in furtherance of this section. (2) A report submitted to the Legislature pursuant to this subdivision shall also be submitted in compliance with Section 9795 of the Government Code. (3) The chair of the state board and the executive directors or air pollution control officers of the relevant districts shall appear before the relevant policy committees or budget subcommittees of the Legislature, upon request of the chair of those committees, to present on the progress in implementing this section. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees. (Amended by Stats. 2025, Ch. 120, Sec. 2. (SB 352) Effective January 1, 2026.)
  121. 42705.6.

    ## 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 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    This section requires refinery air monitoring systems to be installed and operated, and makes refinery owners or operators responsible for the fence-line system and related costs, with some cost-sharing 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 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42705.6. (a) For purposes of this section, the following definitions apply: (1) “Refinery-related community air monitoring system” means equipment that measures and records air pollutant concentrations in the ambient air at or near sensitive receptor locations near a petroleum refinery and that may be useful for estimating associated pollutant exposures and health risks and in determining trends in air pollutant levels over time. (2) “Fence-line monitoring system” means equipment that measures and records air pollutant concentrations at or adjacent to a petroleum refinery and that may be useful for detecting or estimating the quantity of fugitive emissions, gas leaks, and other air emissions from the refinery. (b) Notwithstanding Section 42708, and on or before January 1, 2020, a refinery-related community air monitoring system shall be installed near each refinery that is consistent with the requirements and guidance applicable to the siting of air quality monitors as established by the federal Environmental Protection Agency and that meets all of the following requirements: (1) A district shall design, develop, install, operate, and maintain the refinery-related community air monitoring system, which shall be operated and maintained in accordance with guidance from the appropriate district. A district may contract with a third party to implement this paragraph. (2) The refinery-related community air monitoring system shall include equipment capable of measuring compounds emitted to the atmosphere from refinery processes, as determined by the appropriate district. (c) On or before January 1, 2020, the owner or operator of a petroleum refinery shall develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the appropriate district. (d) The district and the owner or operator of a petroleum refinery shall collect real-time data from the refinery-related community air monitoring system and the fence-line monitoring system and shall maintain records of that data. To the extent feasible, the data generated by these systems shall be provided to the public as quickly as possible in a publicly accessible format. (e) Guidance developed by a district pursuant to this section shall take into account technological capabilities and incorporate input from affected parties and, to the extent feasible, shall be informed by refinery-related guidance in the monitoring plan prepared pursuant to subdivision (b) of Section 42705.5. (f) (1) Except as provided in paragraph (2), the owner or operator of a petroleum refinery shall be responsible for the costs associated with implementing this section. (2) To the extent a refinery-related community air monitoring system is intentionally utilized by a district to monitor emissions from sources under its jurisdiction other than a petroleum refinery, the district shall ensure the costs of the system are shared in a reasonably equitable manner. (Added by Stats. 2017, Ch. 589, Sec. 1. (AB 1647) Effective January 1, 2018.)
  122. 42705.7.

    ## 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 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    Owners or operators of qualifying wastewater treatment facilities must install, run, maintain, and report from an approved fence-line monitoring system by January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42705.7. (a) For purposes of this section, the following definitions apply: (1) “Wastewater treatment facility” means a wastewater treatment or reclamation facility that comes within both of the following descriptions: (A) Is located within 1,500 feet of a residential neighborhood. (B) Has an original design capacity of 425,000,000 gallons or more per day. (2) “Wastewater treatment-related fence-line monitoring system” means equipment that measures and records air pollutant concentrations at or adjacent to a wastewater treatment facility and that may be useful for detecting or estimating emissions of pollutants from the treatment facility, including the quantity of fugitive emissions and other air emissions, and meets the minimum requirements of the appropriate air quality management district. (b) (1) On or before January 1, 2027, the owner or operator of a wastewater treatment facility shall develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system that is approved by the appropriate air quality management district. The wastewater treatment-related fence-line monitoring system shall include equipment capable of measuring pollutants of concern, including hydrogen sulfide, emitted to the atmosphere from wastewater treatment or reclamation processes that the appropriate air quality management district deems appropriate for monitoring. (2) Nothing in this section shall be construed as altering the responsibility of an owner or operator of a wastewater treatment facility to not exceed the limits for nitrogen oxides and volatile organic compounds established in existing air quality regulations, as determined by source tests required to be conducted by the operator or conducted by the appropriate air quality management district. Source testing by the owner or operator, or a contractor, shall be conducted pursuant to a protocol approved by the appropriate air quality management district. (c) (1) The owner or operator of a wastewater treatment facility shall collect real-time data from the wastewater treatment-related fence-line monitoring system, shall maintain records of that data, and shall transmit the data to the appropriate air quality management district. (2) The air quality management district and the owner or operator of a wastewater treatment facility shall maintain records of data from a wastewater treatment-related fence-line monitoring system for at least three years. To the extent feasible, the data generated by wastewater treatment-related fence-line monitoring systems shall be provided to the public by the owner or operator of a wastewater treatment facility in a publicly accessible format that provides a real-time data display. (d) The owner or operator of a wastewater treatment facility shall be responsible for all of the following costs: (1) The costs associated with development, installation, maintenance, and operation of a wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility. (2) The costs associated with providing the data to the air quality management district and the public as required pursuant to subdivision (c). (3) All costs incurred by the air quality management district related to the wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility, including, but not limited to, any costs to review and approve a wastewater treatment-related fence-line monitoring system plan, review documentation, identify appropriate pollutants to monitor, and collect, process, analyze, and store samples and data. (Added by Stats. 2023, Ch. 675, Sec. 1. (AB 1216) Effective January 1, 2024.)
  123. 42706.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    The operator of a stationary source must report monitoring-device-recorded emission standard violations to the district within 96 hours, and the district must then report the violation to the state board within five working days.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42706. Any violation of any emission standard to which the stationary source is required to conform, as indicated by the records of the monitoring device, shall be reported by the operator of the source to the district within 96 hours after such occurrence. The district shall, in turn, report the violation to the state board within five working days after receiving the report of the violation from the operator. (Added by Stats. 1975, Ch. 957.)
  124. 42707.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    The air pollution control officer must inspect required monitoring devices in stationary sources when necessary, and the district may require the operator to pay reasonable inspection-related fees.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42707. The air pollution control officer shall inspect, as he determines necessary, the monitoring devices installed in every stationary source of air contaminants located within his jurisdiction required to have such devices to insure that such devices are functioning properly. The district may require reasonable fees to be paid by the operator of any such source to cover the expense of such inspection and other costs related thereto. (Added by Stats. 1975, Ch. 957.)
  125. 42708.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. )

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    This section lets local or regional authorities adopt stricter monitoring requirements and says the chapter does not require monitoring devices to be installed on stationary sources.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Monitoring Devices [42700 - 42708] ( Chapter 5 added by Stats. 1975, Ch. 957. ) ## 42708. This chapter shall not prevent any local or regional authority from adopting monitoring requirements more stringent than those set forth in this chapter or be construed as requiring the installation of monitoring devices on any stationary source or classes of stationary sources. This section shall not limit the authority of the state board to require the installation of monitoring devices pursuant to Chapter 1 (commencing with Section 41500). (Amended by Stats. 1976, Ch. 1063.)
  126. 42710.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Natural Gas Storage Facility Monitoring [42710- 42710.] ( Chapter 6 added by Stats. 2016, Ch. 673, Sec. 2. )

    Verify source ↗

    The state board must create a natural gas storage facility monitoring program, and operators must submit and follow approved monitoring plans and provide monitoring data.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500 - 42710] ( Part 4 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Natural Gas Storage Facility Monitoring [42710- 42710.] ( Chapter 6 added by Stats. 2016, Ch. 673, Sec. 2. ) ## 42710. (a) The state board, in consultation with any local air district and the Geologic Energy Management Division in the Department of Conservation, shall develop a natural gas storage facility monitoring program that includes continuous monitoring of the ambient concentration of natural gas at sufficient locations throughout a natural gas storage facility or planned natural gas storage facility to identify natural gas leaks and the presence of natural gas emissions in the atmosphere. The continuous monitoring program may be supplemented by daily leak detection measurements. (b) (1) The program shall include guidelines for the continuous monitoring which shall include, at minimum, optical gas imaging, where applicable, and accurate quantitative monitoring of natural gas concentrations. The program shall include protocols for both stationary and mobile monitoring, as well as fixed and temporary monitoring locations. (2) The program shall require optical gas imaging when a large, ongoing leak occurs. (c) An operator of a natural gas storage facility shall develop and submit to the state board a facility monitoring plan that satisfies program requirements pursuant to subdivisions (a) and (b). The state board shall review the plan and may approve or disapprove the plan. (d) An operator of a natural gas storage facility shall conduct monitoring in accordance with the facility monitoring plan approved by the state board pursuant to subdivision (c). (e) An operator of a natural gas storage facility shall provide monitoring data to the state board. All materials provided to comply with this section shall be posted and available to the public on the internet website of the state board. (Amended by Stats. 2019, Ch. 771, Sec. 4. (AB 1057) Effective January 1, 2020.)
  127. 429.997.

    ## 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 21. Mandated County Advisory Boards [429.997- 429.997.] ( Article 21 added by Stats. 1993, Ch. 64, Sec. 2. )

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    A county may eliminate or consolidate certain health advisory boards, unless federal law prohibits it. If a board is required only by contract with the department, the department must amend that contract when the county asks 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 21. Mandated County Advisory Boards [429.997- 429.997.] ( Article 21 added by Stats. 1993, Ch. 64, Sec. 2. ) ## 429.997. Notwithstanding any provision of state law, and unless prohibited by federal law, a county may eliminate or consolidate any health advisory boards that are required by state law or regulation, or in any existing contract with the department. Where advisory boards are required only by contract between the department and a county, that contract shall be amended by the department, upon written request of the county, to remove a requirement for an advisory board from the contract. (Added by Stats. 1993, Ch. 64, Sec. 2. Effective June 30, 1993.)
  128. 43000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The Legislature states that motor-vehicle air pollution is a major problem and that the state should use uniform procedures and emission standards to control it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43000. The Legislature finds and declares as follows: (a) The emission of air pollutants from motor vehicles is the primary cause of air pollution in many parts of the state. (b) The control and elimination of those air pollutants is of prime importance for the protection and preservation of the public health and well-being, and for the prevention of irritation to the senses, interference with visibility, and damage to vegetation and property. (c) The state has a responsibility to establish uniform procedures for compliance with standards which control or eliminate those air pollutants. (d) Vehicle emission standards applied to new motor vehicles, and to used motor vehicles equipped with motor vehicle pollution control devices, are standards with which all motor vehicles shall comply. (e) Dependence on petroleum based fuels in motor vehicles not only contributes to substantial degradation of air quality and risk to public health, but also impedes the state’s progress toward the petroleum use reduction goal prescribed in Section 25000.5 of the Public Resources Code. (Amended by Stats. 1991, Ch. 900, Sec. 1.)
  129. 43000.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section states legislative findings about California vehicle emissions, air quality, and the need for stronger reductions and broader state board action.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43000.5. The Legislature further finds and declares as follows: (a) Despite the significant reductions in vehicle emissions which have been achieved in recent years, continued growth in population and vehicle miles traveled throughout California have the potential not only to prevent attainment of the state standards, but in some cases, to result in worsening of air quality. (b) The attainment and maintenance of the state air quality standards will necessitate the achievement of substantial reductions in new vehicle emissions and substantial improvements in the durability of vehicle emissions systems. (c) The burden for achieving needed reductions in vehicle emissions should be distributed equitably among various classes of vehicles, including both on- and off-road vehicles, light-duty cars and trucks, and heavy-duty vehicles, to accomplish improvements in both the emissions level and in-use performance and durability of all new motor vehicles. (d) The state board should take immediate action to implement both short- and long-range programs of across-the-board reductions in vehicle emissions and smoke, including smoke from heavy-duty diesel vehicles, which can be relied upon by the districts in the preparation of their attainment plans or plan revisions pursuant to Sections 40911, 40902, and 40925. (e) In order to attain the state and federal standards as expeditiously and equitably as possible, it is necessary for the authority of the state board to be clarified and expanded with respect to the control of motor vehicles and motor vehicle fuels. (Amended by Stats. 1991, Ch. 900, Sec. 2.)
  130. 43001.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section says Part 5 does not apply to racing vehicles, and motorcycles are also excluded except as otherwise provided in Section 43107.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43001. The provisions of this part shall not apply to: (a) Racing vehicles. (b) Motorcycles, except as otherwise provided in Section 43107. This section shall become operative on January 1, 1989. (Amended (as amended by Stats. 1982, Ch. 467, Sec. 2) by Stats. 1984, Ch. 233, Sec. 2. Section operative January 1, 1989, by its own provisions.)
  131. 43002.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Historic-interest motor vehicles cannot be required to have pollution control devices, except for devices already required before special identification plates were issued.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43002. No motor vehicle of historic interest shall be required to have any motor vehicle pollution control device, except for such devices that were required by this part for such vehicles prior to the time that special identification plates were issued for that vehicle pursuant to Section 5004 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  132. 43002.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may waive this division’s provisions case by case to allow importation of vehicles designed only for disabled persons.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43002.2. The state board shall waive the provisions of this division on a case-by-case basis for the purpose of allowing the importation of vehicles designed only for use for disabled persons. (Added by Stats. 1984, Ch. 244, Sec. 1. Effective June 26, 1984.)
  133. 43004.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Except where Sections 43001, 43002, or 43005 say otherwise, the exhaust-emission standards for gasoline-powered motor vehicles also apply to motor vehicles modified to use fuel other than gasoline or diesel.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43004. Except as otherwise provided in Section 43001, 43002, or 43005, the standards applicable under this part for exhaust emissions for gasoline-powered motor vehicles shall apply to motor vehicles which have been modified or altered to use a fuel other than gasoline or diesel. (Added by Stats. 1975, Ch. 957.)
  134. 43005.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain vehicle-code provisions do not apply to motor vehicles altered or modified to use a fuel other than gasoline or diesel if the modification was completed before August 31, 1969.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43005. Section 43004 of this code, and Sections 4000.1 and 27156 of the Vehicle Code, shall not apply to a motor vehicle altered or modified to use a fuel other than gasoline or diesel completed prior to August 31, 1969. (Added by Stats. 1975, Ch. 957.)
  135. 43006.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may certify fuel systems for certain non-gasoline, non-diesel motor vehicles and may adopt test procedures for that certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43006. The state board may certify the fuel system of any motor vehicle powered by a fuel other than gasoline or diesel which meets the standards specified by Section 43004 and adopt test procedures for such certification. (Amended by Stats. 1976, Ch. 1063.)
  136. 43007.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A motor vehicle must be equipped with the pollution control device required by district rules adopted under Section 43658.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43007. Whenever any motor vehicle is required to be equipped with any motor vehicle pollution control device by rules and regulations adopted by any district pursuant to Section 43658, such motor vehicle shall be equipped with such device. (Added by Stats. 1975, Ch. 957.)
  137. 43008.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Most motor vehicles covered by the federal emissions law must have the pollution control devices required by that law, except as stated in the listed carve-outs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43008. Except as provided by Sections 43100 and 43101 and Chapter 3 (commencing with Section 43600), all motor vehicles required pursuant to the National Emission Standards Act (42 U.S.C., Secs. 1857f-1 to 1857f-7, inclusive) and the standards and regulations promulgated thereunder, to be equipped with motor vehicle pollution control devices, shall be equipped with such devices required by that act. (Added by Stats. 1975, Ch. 957.)
  138. 43008.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may adopt alternate test procedures for certifying direct import vehicles if specific comparability 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 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43008.5. In addition to the standards and test procedures adopted by the state board pursuant to Sections 43203.5 and 44201, the state board may adopt, by regulation, alternate test procedures for certifying direct import vehicles identical to the test procedures applicable to those vehicles pursuant to the National Emission Standards Act (42 U.S.C., Secs. 1857f-1 to 1857f-7, incl.) and the regulations adopted thereunder, if the emission standards applicable to those motor vehicles are the standards adopted by the state board for new or used direct import vehicles pursuant to Section 43203.5 or 44201, respectively. Those alternate test procedures shall be adopted only if the state board determines that those procedures would be at least as effective for controlling motor vehicle emissions as the procedures adopted pursuant to Section 43203.5 or 44201, as applicable. (Added by Stats. 1989, Ch. 859, Sec. 2.)
  139. 43008.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board’s executive officer may enter certain commercial vehicle premises and inspect records to enforce Vehicle Code Section 27156. The state board may also collect a civil penalty of up to $1,500 per violation, with an exception for certain rental-customer tampering violations and a special repeat-nonconformance rule.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43008.6. (a) Notwithstanding Section 43012, for the purpose of enforcing or administering Section 27156 of the Vehicle Code, the executive officer of the state board or an authorized representative of the executive officer, upon presentation of credentials or, if necessary under the circumstances, after obtaining a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, has the right of entry to any premises owned, operated, used, leased, or rented by an owner or operator of any vehicle operated for commercial purposes in order to inspect any such motor vehicle, secure emission samples therefrom, or inspect and copy any maintenance, use, or other records pertaining to that vehicle. (b) The state board may collect a civil penalty not to exceed one thousand five hundred dollars ($1,500) for each violation of Section 27156 of the Vehicle Code. Any penalties shall be paid to the Treasurer for deposit in the Air Pollution Control Fund. (c) The civil penalty specified in subdivision (b) may be collected for one or more violations involving the tampering with or disabling of a gasoline-powered vehicle’s air injection, exhaust gas recirculation, crankcase ventilation, fuel injection, carburetion, ignition timing, or evaporative control system, fuel filler neck restrictor, oxygen sensor or related electronic controls, or catalytic converter, or for the use of leaded fuel in a vehicle certified for the use of unleaded fuel only. (d) The civil penalty specified in subdivision (b) may not be collected for a violation that is related to any tampering or disabling of a gasoline-powered vehicle specified in subdivision (c) by a rental customer of that vehicle, including, but not limited to, a missing gasoline filler cap and a disconnected or missing heated air intake tube or vacuum hose. However, if more than 20 percent of an owner’s or operator’s gasoline-powered vehicles are found to be nonconforming during each of three consecutive inspections conducted 30 or more days apart during any one-year period, the civil penalty specified in subdivision (b) applies and shall be collected for each time a vehicle is found in a nonconforming condition. (Added by Stats. 1989, Ch. 1154, Sec. 3.)
  140. 43009.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Motor vehicles subject to this part must meet state board standards, except as otherwise provided in Section 43002.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43009. Except as otherwise provided in Section 43002, every motor vehicle subject to this part shall meet the standards adopted by the state board pursuant to Sections 27157 and 27157.5 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  141. 43009.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    If the state board finds a qualifying emissions-related defect in certain vehicles, it may require the manufacturer to notify owners and repair or replace the defective part.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43009.5. (a) If, based on a review of information derived from a statistically valid and representative sample of vehicles, the state board determines that a substantial percentage of any class or category of vehicles certified under the optional standards of Section 43101.5, and of Section 1960.15 of Title 13 of the California Administrative Code, exhibits, prior to 75,000 miles or seven years, whichever occurs first, an identifiable, systematic defect in a component listed in paragraph (2) of subdivision (c) of Section 1960.15, which causes a significant increase in emissions above those exhibited by vehicles free of defects and of the same class or category and having the same period of use and mileage, the state board may invoke its enforcement authority under Section 43105 to require remedial action by the vehicle manufacturer. The remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term “defect” shall not include failures which are the result of abuse, neglect, or improper maintenance. (b) Nothing in this section shall limit or otherwise affect the recall authority of the state board, except as provided in subdivision (a). (Added by Stats. 1982, Ch. 1173, Sec. 1.)
  142. 43010.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must set vehicle air pollution emission standards and do the supporting studies, data review, and expert consultation needed to make them workable.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43010. With respect to the program designed and adopted by the Department of Consumer Affairs pursuant to Chapter 20.4 (commencing with Section 9889.50) of Division 3 of the Business and Professions Code, the state board shall, in time for the Department of Consumer Affairs to comply with the schedule specified in subdivisions (a) and (b) of Section 9889.55 of that code, after public hearings, prescribe maximum air pollution emission standards to be applied in inspecting motor vehicles. In prescribing such standards, the state board shall undertake such studies and experiments as are necessary and feasible, evaluate available data, and confer with automotive engineers. The standards shall be set at a level reasonably achievable for each class and model of motor vehicle when operating in a reasonably sound mechanical condition, allowing for the effects of installed motor vehicle pollution control devices, and the motor vehicle’s age and total mileage. The standards shall be designed to secure the operation of all such motor vehicles, as soon as possible, with a substantial reduction in air pollution emissions, and shall be revised from time to time, as experience justifies. (Added by Stats. 1975, Ch. 957.)
  143. 43011.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must set criteria for evaluating motor vehicle pollution control devices and then evaluate devices submitted for testing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43011. (a) The state board shall establish criteria for the evaluation of the effectiveness of motor vehicle pollution control devices. After the establishment of such criteria, the state board shall evaluate motor vehicle pollution control devices which have been submitted to it for testing. (b) The criteria established by the state board pursuant to subdivision (a) shall include, but need not be limited to: (1) Provisions for the testing of vehicles on which a device is installed, when an engineering evaluation of the device indicates such testing is warranted. (2) A requirement that independent test data be supplied to the state board for each device it is requested to test. (Added by Stats. 1975, Ch. 957.)
  144. 43011.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must regularly review diesel enforcement, develop a strategic plan, consult the districts and the public, and submit the plan to legislative committees on a recurring schedule.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43011.5. (a) Every three years, the state board shall review its existing enforcement of diesel emission control regulations and anticipated enforcement needs for future diesel emission control regulations for manufacturers, owners, or operators of on-road and off-road vehicles and engines to implement the state board’s Diesel Risk Reduction Plan and Emission Reduction Plan for Ports and Goods Movement, and develop a strategic plan for consistent, comprehensive, and fair enforcement of these regulations. (b) The state board shall consult with the districts and the public in developing the plan, and shall review the plan at a public board meeting. (c) The plan shall include, but is not limited to, all of the following: (1) An assessment of the need for additional staff and technology resources at the state board to ensure that the appropriate resources are available to ensure consistent enforcement of diesel emission control regulations for on-road and off-road vehicles and engines throughout the state and in areas where diesel emissions are concentrated. (2) Goals for inspection frequency for the next three years to promote the maximum level of compliance with diesel emission control regulations for on-road and off-road vehicles and engines. (3) An education and outreach component to increase public awareness and understanding of the diesel regulations identified in subdivision (a). The education and outreach component shall include the placement of signs and other materials in multiple languages where appropriate in locations where significant numbers of idling trucks and engines have been found, especially locations near schools and residential communities, to ensure that operators of trucks traveling through the state and other affected individuals and businesses are aware of the state’s diesel engine idling requirements. (4) A training program for local enforcement staff, including, but not limited to, outreach to highway patrol, local police, and local air district staff on enforcement of the state’s diesel engine idling requirements through workshops, educational material, and training sessions in northern and southern California. (d) The state board shall submit the plan prepared pursuant to subdivision (a) to the relevant legislative policy and fiscal committees by January 1, 2009, and every three years thereafter. (Added by Stats. 2007, Ch. 592, Sec. 3. Effective January 1, 2008.)
  145. 43012.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section lets certain emissions inspectors enter new or used car dealer premises to inspect vehicles and related records, but it limits how inspections are done and requires notice, correction, and disclosure steps when a vehicle fails compliance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43012. (a) For the purpose of enforcing or administering any federal, state, or local law, order, regulation, or rule relating to vehicular sources of emissions, the executive officer of the state board or an authorized representative of the executive officer, or a representative of the department, upon presentation of credentials or, if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, has the right of entry to any premises owned, operated, used, leased, or rented by any new or used car dealer, as defined in Sections 285, 286, and 426 of the Vehicle Code, for the purpose of inspecting any vehicle for which emissions standards have been enacted or adopted or for which emissions equipment is required and which is situated on the premises for the purpose of emission-related maintenance, repair, or service, or for the purpose of sale, lease, or rental, whether or not the vehicle is owned by the dealer. The inspection may extend to all emission-related parts and operations of the vehicle, and may require the on-premises operation of an engine or vehicle, the on-premises securing of samples of emissions from the vehicle, and the inspection of any records which relate to vehicular emissions required by the Environmental Protection Agency or by any state or local law, order, regulation, or rule to be maintained by the dealer in connection with the dealer’s business. (b) The right of entry for inspection under this section is limited to the hours during which the dealer is open to the public, except when the entry is made pursuant to warrant or whenever the executive officer or an authorized representative, or a representative of the department, has reasonable cause to believe that a violation of any federal, state, or local law, order, regulation, or rule has been committed in his or her presence. No vehicle shall be inspected pursuant to this section more than one time without an inspection warrant or without reasonable cause unless the vehicle undergoes a change of ownership or the inspection reveals that the vehicle has failed to comply with required emissions standards or equipment, in which case one additional inspection may be made to verify the violation or to verify that the violation has been corrected. (c) With respect to vehicles not owned by the dealer, the state board or the department may not prosecute, without the owner’s knowledge or consent, any violation by the owner of any law pertaining to vehicular emissions unless prior notice of the inspection has been given to the owner. (d) If the executive officer or authorized representative, or a representative of the department, upon inspection, finds that a used motor vehicle fails to comply with applicable emissions standards or equipment, the state board or the department shall issue a notice to correct and enter the appropriate vehicle information into the centralized computer data base created pursuant to Section 44037.1. Until all violations in the notice have been corrected and the dealer has sent proof of correction by certified mail to the state board or the department, whichever issued the notice, the motor vehicle shall prominently display the following disclosure affixed to the windshield in at least 18-point type: ## NOT FOR SALE THIS VEHICLE IS PRESENTLY NOT IN COMPLIANCE WITH THE CALIFORNIA VEHICLE POLLUTION CONTROL LAWS AND MAY NOT BE SOLD UNTIL A VALID CERTIFICATE OF COMPLIANCE HAS BEEN ISSUED. Any dealer who sells a vehicle prohibited to be sold under this subdivision is subject to a civil penalty of not to exceed one thousand dollars ($1,000). For purposes of this subdivision, “proof of correction” shall consist of a copy of a certificate of compliance or noncompliance issued following the issuance of a notice to correct by a licensed test station or licensed repair station not affiliated with or owned by the dealer or any other proof of repair satisfactory to the inspecting officer. The dealer shall send the copy of the certificate of compliance or noncompliance by certified mail to the state board or the department, whichever issued the notice, within three days of obtaining the certificate. (e) Civil penalties may be assessed or recovered for one or more violations by a dealer involving the tampering with or disabling of a vehicle’s air injection, exhaust gas recirculation, crankcase ventilation, fuel injection or carburetion systems, ignition timing or evaporative controls, fuel filler neck restrictor, oxygen sensor or electronic controls, or missing catalytic converter. (f) No civil penalty or criminal penalty may be assessed for a violation by a dealer identified in a notice to correct as a result of an inspection under this section if the violation is related to lack of maintenance or customer tampering or vandalism, including, but not limited to, a missing gasoline filler cap and a disconnected or missing heated air intake tube or vacuum hose. However, if notices to correct are issued under this subdivision to more than 20 percent of the vehicles offered for sale on a dealer’s premises during each of three consecutive inspections conducted 30 or more days apart during any one-year period, civil penalties may be assessed and recovered for each vehicle issued a notice to correct. (g) If the executive officer or authorized representative, upon inspection, finds that a certificate of compliance or noncompliance was issued to a motor vehicle that fails to comply with applicable emissions standards or equipment, the state board shall immediately refer these findings to the department for investigation under Chapter 5 (commencing with Section 44000). The state board may refer any other suspected violation to the department for appropriate action. (h) Notwithstanding Section 17150 of the Vehicle Code, the state shall be liable for any injury or damage caused by the negligent or wrongful act or omission of the operator of any vehicle which is operated pursuant to this section. (i) This section provides the exclusive authority for inspections of motor vehicles for the purposes specified in this section. (j) As used in this section, the terms “tampering” and “disabling” mean an unauthorized modification, alteration, removal, or disconnection. (Amended by Stats. 1994, Ch. 1220, Sec. 11. Effective September 30, 1994.)
  146. 43013.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt and implement certain vehicle emission standards and fuel specifications, but it must follow extra findings and consultation steps for some categories and cannot regulate locomotives until a required study is completed and submitted.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43013. (a) The state board shall adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution which the state board has found to be necessary, cost effective, and technologically feasible, to carry out the purposes of this division, unless preempted by federal law. (b) The state board shall, consistent with subdivision (a), adopt standards and regulations for light-duty and heavy-duty motor vehicles, medium-duty motor vehicles, as determined and specified by the state board, portable fuel containers and spouts, and off-road or nonvehicle engine categories, including, but not limited to, off-highway motorcycles, off-highway vehicles, construction equipment, farm equipment, utility engines, locomotives, and, to the extent permitted by federal law, marine vessels. (c) Prior to adopting standards and regulations for farm equipment, the state board shall hold a public hearing and find and determine that the standards and regulations are necessary, cost effective, and technologically feasible. The state board shall also consider the technological effects of emission control standards on the cost, fuel consumption, and performance characteristics of mobile farm equipment. (d) Notwithstanding subdivision (b), the state board shall not adopt any standard or regulation affecting locomotives until the final study required under Section 5 of Chapter 1326 of the Statutes of 1987 has been completed and submitted to the Governor and Legislature. (e) Prior to adopting or amending any standard or regulation relating to motor vehicle fuel specifications pursuant to this section, the state board shall, after consultation with public or private entities that would be significantly impacted as described in paragraph (2) of subdivision (f), do both of the following: (1) Determine the cost-effectiveness of the adoption or amendment of the standard or regulation. The cost-effectiveness shall be compared on an incremental basis with other mobile source control methods and options. (2) Based on a preponderance of scientific and engineering data in the record, determine the technological feasibility of the adoption or amendment of the standard or regulation. That determination shall include, but is not limited to, the availability, effectiveness, reliability, and safety expected of the proposed technology in an application that is representative of the proposed use. (f) Prior to adopting or amending any motor vehicle fuel specification pursuant to this section, the state board shall do both of the following: (1) To the extent feasible, quantitatively document the significant impacts of the proposed standard or specification on affected segments of the state’s economy. The economic analysis shall include, but is not limited to, the significant impacts of any change on motor vehicle fuel efficiency, the existing motor vehicle fuel distribution system, the competitive position of the affected segment relative to border states, and the cost to consumers. (2) Consult with public or private entities that would be significantly impacted to identify those investigative or preventive actions that may be necessary to ensure consumer acceptance, product availability, acceptable performance, and equipment reliability. The significantly impacted parties shall include, but are not limited to, fuel manufacturers, fuel distributors, independent marketers, vehicle manufacturers, and fuel users. (g) To the extent that there is any conflict between the information required to be prepared by the state board pursuant to subdivision (f) and information required to be prepared by the state board pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the requirements established under subdivision (f) shall prevail. (h) It is the intent of the Legislature that the state board act as expeditiously as is feasible to reduce nitrogen oxide emissions from diesel vehicles, marine vessels, and other categories of vehicular and mobile sources which significantly contribute to air pollution problems. (Amended by Stats. 2008, Ch. 687, Sec. 1. Effective January 1, 2009.)
  147. 43013.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The commission must develop a timetable to remove MTBE from gasoline, and the state board must make sure certain CaRFG3 regulations meet listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43013.1. (a) The State Energy Resources Conservation and Development Commission, in consultation with, and the state board, shall develop a timetable for the removal of MTBE from gasoline at the earliest possible date. In developing the timetable, the commission and the state board shall consider studies conducted by the commission and should ensure adequate supply and availability of gasoline. (b) The state board shall ensure that regulations for California Phase 3 Reformulated Gasoline (CaRFG3) adopted pursuant to Executive Order D-5-99 meet all of the following conditions: (1) Maintain or improve upon emissions and air quality benefits achieved by California Phase 2 Reformulated Gasoline in California as of January 1, 1999, including emission reductions for all pollutants, including precursors, identified in the State Implementation Plan for ozone, and emission reductions in potency-weighted air toxics compounds. (2) Provide additional flexibility to reduce or remove oxygen from motor vehicle fuel in compliance with the regulations adopted pursuant to subdivision (a). (3) Are subject to a multimedia evaluation pursuant to Section 43830.8. (c) On or before April 1, 2000, the State Water Resources Control Board, in consultation with the Department of Water Resources and the State Department of Health Services, shall identify areas of the state that are most vulnerable to groundwater contamination by MTBE or other ether-based oxygenates. The State Water Resources Control Board shall direct resources to those areas for protection and cleanup on a prioritized basis. Loans for upgrading, replacing, or removing tanks shall be made available pursuant to Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code. In identifying areas vulnerable to groundwater contamination, the State Water Resources Control Board shall consider criteria including, but not limited to, any one, or any combination of, the following: (1) Hydrogeology. (2) Soil composition. (3) Density of underground storage tanks in relation to drinking water wells. (4) Degree of dependence on groundwater for drinking water supplies. (Added by Stats. 1999, Ch. 812, Sec. 26. Effective January 1, 2000.)
  148. 43013.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may grant gasoline-specification variances and may impose fees and conditions, but it must adopt regulations, give public notice in most cases, and follow evidence-based rules for variance decisions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43013.2. (a) (1) The Legislature finds and declares that variances from the state board’s gasoline specifications may be needed if gasoline producers cannot meet the specifications as required due to circumstances beyond their reasonable control, and that the state board’s process for granting variances from fuel specifications should be clarified. (2) It is the intent of the Legislature that the variance process consider the impacts of granting the variance on all parties, including the applicant, the public, the producers of complying fuel, and upon air quality. (b) The state board may grant variances from gasoline specifications adopted by the state board pursuant to Sections 43013 and 43018. In granting a variance, the board may impose fees and conditions. (c) The state board shall adopt regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The regulations shall establish guidelines for the consideration of variances and the imposition of fees and conditions. Any fees or conditions shall be imposed in a fair and equitable manner consistent with the regulations. The regulations shall include methods for estimating excess emissions and factors to be considered in determining what is beyond the reasonable control of the applicant. The regulations also shall establish a schedule of fees to be paid by an applicant for a variance to cover the reasonable and necessary costs to the state board in processing the variance. The state board shall adopt initial regulations as emergency regulations after conducting at least one public workshop. The initial adoption of emergency regulations following the effective date of this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (d) All variance fee revenues collected pursuant to this section by the state board, except those fees paid by an applicant for a variance to cover the reasonable and necessary costs to the state board for processing the variance, shall be transmitted to the Treasurer for deposit in the High Polluter Repair or Removal Account created pursuant to subdivision (a) of Section 44091. All money deposited in the account pursuant to this section shall be available, upon appropriation by the Legislature, to implement a program for accelerated retirement of light-duty vehicles to achieve the emission reductions required by the M-1 Strategy of the 1994 State Implementation Plan. (e) In considering whether to grant a variance, and with regard to any fees and conditions that are imposed as part of the variance, the state board shall take into account whether granting the variance will place the applicant at a cost advantage over other persons, including those persons who produce complying gasoline. (f) Any determination of the state board, or the executive officer of the state board pursuant to the authority delegated pursuant to Section 39516, regarding the issuance of any variance from gasoline specifications shall be based solely upon substantial evidence in the record of the variance proceeding. The variance shall be valid for a period not exceeding 120 days, commencing on or after March 1, 1996. The variance may be extended, subject to this section, for up to 90 additional days, upon a showing of need. The board shall grant a variance only for the minimum period required to attain compliance. (g) If a physical catastrophe occurs to a producer of complying gasoline, the state board may extend a variance upon the showing of need. Notwithstanding subdivision (f), any variance extension related to a physical catastrophe shall be approved by the state board. As used in this subdivision, “physical catastrophe” means a sudden unforeseen emergency beyond the reasonable control of the refiner, causing the severe reduction or total loss of one or more critical refinery units that materially impact the refiner’s ability to produce complying gasoline. “Physical catastrophe” does not include events which are not physical in nature such as design errors or omissions, financial or economic burdens, or any reduction in production that is not the direct result of qualifying physical damage. (h) Notwithstanding any other provision of law, except in the case of emergency variances, the state board shall provide at least 10 days’ public notice of its consideration of any variance or extension. (i) Subdivisions (b) and (e) do not constitute a change in, but are declaratory of, existing law. (Added by Stats. 1995, Ch. 675, Sec. 1. Effective January 1, 1996.)
  149. 43013.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The Secretary for Environmental Protection may prohibit MTBE in motor vehicle fuel before December 31, 2002, in certain air basins if specified findings are made.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43013.3. Notwithstanding Section 43013.1, the Secretary for Environmental Protection may prohibit the use of methyl tertiary-butyl ether (MTBE) in motor vehicle fuel prior to December 31, 2002, on a subregional basis in the Bay Area Air Basin, or in any other air basin in the state, if the secretary finds and determines all of the following: (a) That the removal of MTBE in motor vehicle fuel on a subregional basis will not cause or contribute to the basin being designated as a state or federal nonattainment area for one or more ambient air quality standards, including, but not limited to, state or federal ambient air standards for ambient ozone and carbon monoxide. (b) That the removal of MTBE in motor vehicle fuel will not increase potency-weighted air toxic compounds, or violate one or more control measures adopted by the state board or a district pursuant to Chapter 3.5 (commencing with Section 39650) of Part 2. (c) That the subregion is a vulnerable groundwater area as defined in Section 25292.4. (d) That the removal of MTBE will not significantly affect the price or supply of gasoline in the subregion. (Added by Stats. 1999, Ch. 812, Sec. 27. Effective January 1, 2000.)
  150. 43013.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The State Air Resources Board must buy and install a wavelength dispersive XRF spectrometer.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43013.5. For purposes of implementing and enforcing Section 43020, the State Air Resources Board shall purchase and install a wavelength dispersive XRF spectrometer with the capability to analyze gasoline and diesel fuels and other petroleum products for sulfur content according to ASTM procedures specified by regulation. (Amended by Stats. 2004, Ch. 193, Sec. 106. Effective January 1, 2005.)
  151. 43013.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Gasoline blends with 10.5% to 15% ethanol may be sold in California for transportation fuel until specified review and state board actions occur.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43013.7. (a) Notwithstanding Section 43830.8, blends of gasoline containing 10.5 percent to 15 percent ethanol by volume may be sold in the state for use as a transportation fuel until both of the following occur: (1) The California Environmental Policy Council completes its review and publicly posts its findings of the multimedia evaluation for blends of gasoline containing 10.5 percent to 15 percent ethanol by volume required pursuant to Section 43830.8. (2) The state board does either of the following: (A) Adopts a regulation establishing a specification for blends of gasoline containing 10.5 percent to 15 percent ethanol by volume. (B) Posts an assessment on its internet website demonstrating that it is not possible for a proposed regulation establishing a specification for blends of gasoline containing 10.5 percent to 15 percent ethanol by volume to meet the requirements of subdivision (f) of Section 43830.8. (b) This section shall not be construed to limit the authority of the state board to adopt and enforce transportation fuel specifications for other fuels, or for blends of gasoline containing 10.5 percent to 15 percent ethanol by volume after the state board takes action pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (a). (Added by Stats. 2025, Ch. 247, Sec. 1. (AB 30) Effective October 2, 2025.)
  152. 43014.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may issue permits to test certain experimental pollution-control devices and low-emission experimental or prototype motor vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43014. The state board may issue permits for the testing of experimental motor vehicle pollution control devices installed in used motor vehicles, or for the testing of experimental or prototype motor vehicles which appear to have very low emission characteristics. (Added by Stats. 1976, Ch. 1063.)
  153. 43015.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The Air Pollution Control Fund continues in the State Treasury, and its money may be used by the state board after legislative appropriation. Projects funded by the fund must follow Chapter 3.6 labor-standard requirements, and the state board may describe implementation of those standards in an existing report.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43015. (a) The Air Pollution Control Fund is continued in existence in the State Treasury. Upon appropriation by the Legislature, the money in the fund shall be available to the state board to carry out its duties and functions. (b) Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Pollution Control Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable. The state board may include in an existing report its description of how projects funded by the Air Pollution Control Fund are implementing the labor standards described in Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable. (Amended by Stats. 2021, Ch. 748, Sec. 6. (AB 794) Effective January 1, 2022.)
  154. 43016.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Violators of this part or related board rules can face civil penalties, with a special per-unit cap for portable fuel containers or small-off-road engines, and the state board must adjust the maximum penalties for inflation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43016. (a) (1) A person who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, and for which violation there is not provided in this part any other specific civil penalty or fine, shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action pursuant to this part. Violations involving portable fuel containers or small off-road engines shall be subject to a civil penalty not to exceed five hundred dollars ($500) per unit. For a manufacturer or distributor who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, the payment of the penalty and making the product compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those products regulated by the state board pursuant to this division. (2) The state board shall adjust the maximum penalties specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) Any penalty collected pursuant to this section shall be deposited in the Air Pollution Control Fund. (Amended by Stats. 2016, Ch. 604, Sec. 1. (AB 1685) Effective January 1, 2017.)
  155. 43017.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may seek a court order to stop violations of this part or of its own orders, rules, or regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43017. The state board may enjoin any violation of any provision of this part, or of any order, rule, or regulation of the state board, in a civil action brought in the name of the people of the State of California, except that the state board 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 Stats. 1986, Ch. 110, Sec. 1.)
  156. 43018.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must reduce vehicle and mobile-source emissions, adopt related standards and regulations, and hold required workshops and hearings by set dates.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018. (a) The state board shall endeavor to achieve the maximum degree of emission reduction possible from vehicular and other mobile sources in order to accomplish the attainment of the state standards at the earliest practicable date. (b) Not later than January 1, 1992, the state board shall take whatever actions are necessary, cost-effective, and technologically feasible in order to achieve, not later than December 31, 2000, a reduction in the actual emissions of reactive organic gases of at least 55 percent, a reduction in emissions of oxides of nitrogen of at least 15 percent from motor vehicles. These reductions in emissions shall be calculated with respect to the 1987 baseline year. The state board also shall take action to achieve the maximum feasible reductions in particulates, carbon monoxide, and toxic air contaminants from vehicular sources. (c) In carrying out this section, the state board shall adopt standards and regulations which will result in the most cost-effective combination of control measures on all classes of motor vehicles and motor vehicle fuel, including, but not limited to, all of the following: (1) Reductions in motor vehicle exhaust and evaporative emissions. (2) Reductions in emissions from in-use emissions from motor vehicles through improvements in emission system durability and performance. (3) Requiring the purchase of low-emission vehicles by state fleet operators. (4) Specification of vehicular fuel composition. (d) In order to accomplish the purposes of this division, and to ensure timely approval of the district’s plans for attainment of the state air quality standards by the state board, the state board shall adopt the following schedule for workshops and hearings to consider the adoption of the standards and regulations required pursuant to this section: (1) Workshops on the adoption of vehicular fuel specifications for aromatic content, diesel fuel quality, light-duty vehicle exhaust emission standards, and revisions to the standards for new vehicle certification and durability to reflect current driving conditions and useful vehicle life shall be held not later than March 31, 1989. Hearings of the state board to consider adoption of proposed regulations pursuant to this subdivision shall be held not later than November 15, 1989. (2) Notwithstanding Section 43830, workshops on the adoption of regulations governing gasoline Reid vapor pressure, and standards for heavy-duty and medium-duty vehicle emissions, shall be held not later than January 31, 1990. Hearings of the state board to consider adoption of proposed regulations pursuant to this subdivision shall be held not later than November 15, 1990. (3) Workshops on the adoption of regulations governing detergent content, emissions from off-highway vehicles, vehicle fuel composition, emissions from construction equipment and farm equipment, motorcycles, locomotives, utility engines, and to the extent permitted by federal law, marine vessels, shall be held not later than January 31, 1991. Hearings of the state board to consider adoption of proposed regulations pursuant to this subdivision shall be held not later than November 15, 1991. (e) Prior to adopting standards and regulations pursuant to this section, the state board shall consider the effect of the standards and regulations on the economy of the state, including, but not limited to, motor vehicle fuel efficiency. (f) The amendment of this section made at the 1989–90 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 1990, Ch. 932, Sec. 3.)
  157. 43018.11.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt regulations by July 1, 2022 to ban engine exhaust and evaporative emissions from new small off-road engines, and must identify and make available funding for commercial rebates or similar incentives when feasible.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018.11. (a) (1) By July 1, 2022, the state board shall, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Those regulations shall apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible, whichever is later. (2) In determining technological feasibility pursuant to paragraph (1), the state board shall consider all of the following: (A) Emissions from small off-road engines in the state. (B) Expected timelines for zero-emission small off-road equipment development. (C) Increased demand for electricity from added charging requirements for more zero-emission small off-road equipment. (D) Use cases of both commercial and residential lawn and garden users. (E) Expected availability of zero-emission generators and emergency response equipment. (b) Consistent with the regulations adopted pursuant to this section and relevant state law, the state board shall identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding as part of any updates to existing, applicable funding program guidelines for districts to implement to support the transition to zero-emission small off-road equipment operations. (Added by Stats. 2021, Ch. 753, Sec. 2. (AB 1346) Effective January 1, 2022.)
  158. 43018.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must amend specified California regulations to change NOx and PM control requirements and credit rules, and the required amendment is exempt from the Administrative Procedure Act.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018.2. (a) The state board shall amend Sections 2449.1 and 2449.2 of Title 13 of the California Code of Regulations to do both of the following: (1) Modify the nitrogen oxides (NOx) and particulate matter (PM) best available control technology requirements to allow a fleet to achieve its cumulative turnover and retrofit requirements for the years 2011 to 2013, inclusive, by completing 20 percent of its cumulative turnover and retrofit obligations in 2011, an additional 20 percent in 2012, and the balance in 2013. (2) (A) Modify the nitrogen oxides (NOx) and particulate matter (PM) credit provisions to reflect vehicle retirements that reduce total fleet horsepower between March 1, 2006, and March 1, 2010, and reduced activity between July 1, 2007, and March 1, 2010. (B) “Reduced activity” for the purposes of this paragraph means the percentage reduction in the average annual hours of operation of the off-road fleet. That percentage shall be carried forward as a credit for nitrogen oxides (NOx) and particulate matter (PM) to offset the annual percentage reductions required for 2010 and 2011. The credit shall not be used to meet any obligations beyond 2011. (b) The amendment of regulations required by this section is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2009, 2nd Ex. Sess., Ch. 6, Sec. 2. Effective May 21, 2009.)
  159. 43018.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt vehicle greenhouse-gas regulations by January 1, 2005, and those regulations cannot take effect before January 1, 2006.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018.5. (a) No later than January 1, 2005, the state board shall develop and adopt regulations that achieve the maximum feasible and cost-effective reduction of greenhouse gas emissions from motor vehicles. (b) (1) The regulations adopted pursuant to subdivision (a) may not take effect prior to January 1, 2006, in order to give the Legislature time to review the regulations and determine whether further legislation should be enacted prior to the effective date of the regulations, and shall apply only to a motor vehicle manufactured in the 2009 model year, or any model year thereafter. (2) (A) Within 10 days of adopting the regulations pursuant to subdivision (a), the state board shall transmit the regulations to the appropriate policy and fiscal committees of the Legislature for review. (B) The Legislature shall hold at least one public hearing to review the regulations. If the Legislature determines that the regulations should be modified, it may adopt legislation to modify the regulations. (c) In developing the regulations described in subdivision (a), the state board shall do all of the following: (1) Consider the technological feasibility of the regulations. (2) Consider the impact the regulations may have on the economy of the state, including, but not limited to, all of the following areas: (A) The creation of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The expansion of businesses currently doing business within the state. (D) The ability of businesses in the state to compete with businesses in other states. (E) The ability of the state to maintain and attract businesses in communities with the most significant exposure to air contaminants, localized air contaminants, or both, including, but not limited to, communities with minority populations or low-income populations, or both. (F) The automobile workers and affiliated businesses in the state. (3) Provide flexibility, to the maximum extent feasible consistent with this section, in the means by which a person subject to the regulations adopted pursuant to subdivision (a) may comply with the regulations. That flexibility shall include, but is not limited to, authorization for a person to use alternative methods of compliance with the regulations. In complying with this paragraph, the state board shall ensure that any alternative methods for compliance achieve the equivalent, or greater, reduction in emissions of greenhouse gases as the emission standards contained in the regulations. In providing compliance flexibility pursuant to this paragraph, the state board may not impose any mandatory trip reduction measure or land use restriction. (4) Conduct public workshops in the state, including, but not limited to, public workshops in three of the communities in the state with the most significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities with minority populations or low-income populations, or both. (5) (A) Grant emissions reductions credits for any reductions in greenhouse gas emissions from motor vehicles that were achieved prior to the operative date of the regulations adopted pursuant to subdivision (a), to the extent permitted by state and federal law governing emissions reductions credits, by utilizing the procedures and protocols adopted by the California Climate Action Registry pursuant to subdivision (j) of Section 42823. (B) For the purposes of this section, the state board shall utilize the 2000 model year as the baseline for calculating emission reduction credits. (6) Coordinate with the State Energy Resources Conservation and Development Commission, the California Climate Action Registry, and the interagency task force, convened pursuant to subdivision (e) of Section 25730 of the Public Resources Code, in implementing this section. (d) The regulations adopted by the state board pursuant to subdivision (a) shall not require any of the following: (1) The imposition of additional fees and taxes on any motor vehicle, fuel, or vehicle miles traveled, pursuant to this section or any other provision of law. (2) A ban on the sale of any vehicle category in the state, specifically including, but not limited to, sport utility vehicles and light-duty trucks. (3) A reduction in vehicle weight. (4) A limitation on, or reduction of, the speed limit on any street or highway in the state. (5) A limitation on, or reduction of, vehicle miles traveled. (e) The regulations adopted by the state board pursuant to subdivision (a) shall provide an exemption for those vehicles subject to the optional low-emission vehicle standard for oxides of nitrogen (NO x) for exhaust emission standards described in paragraph (9) of subdivision (a) of Section 1961 of Title 13 of the California Code of Regulations. (f) Not later than July 1, 2003, the California Climate Action Registry, in consultation with the state board, shall adopt procedures for the reporting of reductions in greenhouse gas emissions from mobile sources to the registry. (g) By January 1, 2005, the state board shall report to the Legislature and the Governor on the content of the regulations developed and adopted pursuant to this section, including, but not limited to, the specific actions taken by the state board to comply with paragraphs (1) to (6), inclusive, of subdivision (c), and with subdivision (f). The report shall include, but shall not be limited to, an analysis of both of the following: (1) The impact of the regulations on communities in the state with the most significant exposure to air contaminants or toxic air contaminants, or both, including, but not limited to, communities with minority populations or low-income populations, or both. (2) The economic and public health impacts of those actions on the state. (h) If the federal government adopts a standard regulating a greenhouse gas from new motor vehicles that the state board determines is in a substantially similar timeframe, and of equivalent or greater effectiveness as the regulations that would be adopted pursuant to this section, the state board may elect not to adopt a standard on any greenhouse gas included in the federal standard. (i) For the purposes of this section, the following terms have the following meanings: (1) “Greenhouse gases” means those gases listed in subdivision (g) of Section 42801.1. (2) “Maximum feasible and cost-effective reduction of greenhouse gas emissions” means the greenhouse gas emission reductions that the state board determines meet both of the following criteria: (A) Capable of being successfully accomplished within the time provided by this section, taking into account environmental, economic, social, and technological factors. (B) Economical to an owner or operator of a vehicle, taking into account the full life-cycle costs of a vehicle. (3) “Motor vehicle” means a passenger vehicle, light-duty truck, or any other vehicle determined by the state board to be a vehicle whose primary use is noncommercial personal transportation. (Added by Stats. 2002, Ch. 200, Sec. 3. Effective January 1, 2003.)
  160. 43018.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    When the state board adopts or amends regulations to reduce motor vehicle cabin temperature for greenhouse gas reduction, it must consider specified factors.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018.7. If adopting or amending regulations to reduce motor vehicle cabin temperature in order to reduce greenhouse gas emissions, the state board shall consider all of the following: (a) Potential reductions in air-conditioning use that can be achieved while a motor vehicle is moving, in addition to reductions in air-conditioning use when a motor vehicle is parked. (b) Potential conflicts between, and relative benefits of, motor vehicle cabin temperature reduction requirements and technologies that provide motor vehicle greenhouse gas emission reductions through various means. (c) The flexibility necessary to achieve overall maximum greenhouse gas emission reductions from motor vehicles. (Added by Stats. 2010, Ch. 648, Sec. 1. (SB 1328) Effective January 1, 2011.)
  161. 43018.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must review certain zero-emission vehicle programs and report recommendations to the Legislature by July 1, 2019.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018.8. (a) For purposes of this section, “vehicle fleet” means 10 or more vehicles under common ownership or operation. (b) The state board, in consultation with stakeholders, including, but not limited to, the Institutes of Transportation Studies of the University of California, shall review all state board programs affecting the adoption of light-duty, medium-duty, and heavy-duty zero-emission vehicles in the state and report to the Legislature no later than July 1, 2019, with policy recommendations for increasing the use of those vehicles for vehicle fleet use and on a general-use basis in the state. Specifically, the report shall include a review of the state board’s zero-emission vehicle programs, including the specific greenhouse gas or air quality improvement goal for each program; the status of each program with respect to meeting the respective goals for each program; a cost-benefit analysis of each program; and, to the extent feasible, a comparison of the state board’s zero-emission vehicle programs with other states’ and countries’ zero-emission vehicle programs. Based on this information, the report shall also make recommendations on how to maximize the effectiveness of existing programs to expand the use of these vehicles in vehicle fleet use and on a general-use basis in the most cost-effective manner possible that achieves the greatest reduction in greenhouse gas emissions and maximizes improvements to air quality. (c) The state board shall consider public comments on a draft report of its policy recommendations prepared pursuant to subdivision (b) at a public hearing held at least 30 days before the state board submits the report to the Legislature. The state board may modify the draft report in response to comments received at the public hearing and any other feedback on the draft report provided to the state board. (d) The state board shall also include in the report recommendations as to how vehicle fleet operators can increase the number of zero-emission vehicles in vehicle fleet use. (e) The state board, in preparing the report, shall take into account the results of the study required by Section 48 of Chapter 5 of the Statutes of 2017. (f) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2017, Ch. 628, Sec. 2. (SB 498) Effective January 1, 2018.)
  162. 43018.9.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section limits the state board’s enforcement authority over rules that would require suppliers to build, run, or fund publicly available hydrogen-fueling stations, and it sets annual reporting, evaluation, funding-allocation, and review duties for the state board and the commission.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43018.9. (a) For purposes of this section, the following terms have the following meanings: (1) “Commission” means the State Energy Resources Conservation and Development Commission. (2) “Publicly available hydrogen-fueling station” means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public. (b) Notwithstanding any other law, the state board shall have no authority to enforce any element of its existing clean fuels outlet regulation or of any other regulation that requires or has the effect of requiring that any supplier, as defined in Section 7338 of the Revenue and Taxation Code as in effect on May 22, 2013, construct, operate, or provide funding for the construction or operation of any publicly available hydrogen-fueling station. (c) On or before June 30, 2014, and every year thereafter, the state board shall aggregate and make available all of the following: (1) The number of hydrogen-fueled vehicles that motor vehicle manufacturers project to be sold or leased over the next three years as reported to the state board pursuant to the Low Emission Vehicle regulations, as currently established in Sections 1961 to 1961.2, inclusive, of Title 13 of the California Code of Regulations. (2) The total number of hydrogen-fueled vehicles registered with the Department of Motor Vehicles through April 30. (d) On or before June 30, 2014, and every year thereafter, the state board, based on the information made available pursuant to subdivision (c), shall do both of the following: (1) Evaluate the need for additional hydrogen-fueling stations for the subsequent three years in terms of quantity of fuel needed for the actual and projected number of hydrogen-fueled vehicles, geographic areas where fuel will be needed, and station coverage. (2) Report findings to the commission on the need for additional hydrogen-fueling stations in terms of number of stations, geographic areas where additional stations will be needed, and minimum operating standards, such as number of dispensers, filling protocols, and pressures. (e) (1) The commission shall allocate no less than 15 percent annually of the moneys appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology Fund, established pursuant to Section 44273, attributable to the fees deposited in the fund pursuant to Section 44060.5 of this code and Sections 9250.1 and 9261.1 of the Vehicle Code until July 1, 2030, under the Clean Transportation Program to fund hydrogen-fueling stations to support hydrogen vehicles until there is a sufficient network of hydrogen-fueling stations, which includes all types available, in operation in California to support existing and expected hydrogen vehicles, that aligns with the state greenhouse gas reduction goals and plan pursuant to Sections 38561, 38562.2, and 38566, as determined by the commission, in consultation with the state board. (2) Fifty percent of the allocated funds related to paragraph (1) shall be used to fund hydrogen-fueling stations that directly benefit or serve residents of low-income communities and disadvantaged communities as defined by CalEnviroScreen. (3) If the commission, in consultation with the state board, determines that the full amount identified in paragraph (1) is not needed to fund the number of stations identified by the state board pursuant to subdivision (d), the commission may allocate any remaining moneys to other projects, subject to the requirements of the Clean Transportation Program pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9. (4) Allocations by the commission pursuant to this subdivision shall be subject to all of the requirements applicable to allocations from the Clean Transportation Program pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9. (5) (A) If the allocated annual funding identified in paragraph (1) is undersubscribed after a competitive grant funding opportunity has made the funding available, the commission may allocate any remaining moneys to other projects, subject to the requirements of the Clean Transportation Program pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9. (B) The commission shall release a competitive grant funding opportunity for annual funding identified in paragraph (1) at least annually and 90 days after the start of the fiscal year, unless the commission’s executive director or the lead commissioner for transportation concludes based on substantial evidence in the record, including from party filings, that an alternative schedule for the release of a competitive grant funding opportunity is warranted. The commission shall endeavor to issue a notice of proposed awards to responsive applicants within six months of issuing a competitive grant funding opportunity, consistent with this section. (6) The commission, in consultation with the state board, shall award moneys allocated in paragraph (1) based on best available data, including information made available pursuant to subdivision (d), and input from relevant stakeholders, including motor vehicle manufacturers that have planned deployments of hydrogen-fueled vehicles, according to a strategy that supports the deployment of an effective and efficient hydrogen-fueling station network in a way that maximizes benefits to the public while minimizing costs to the state. (7) Notwithstanding paragraph (1), once the commission determines, in consultation with the state board, that the private sector is establishing hydrogen-fueling stations without the need for government support, the commission may cease providing funding for those stations. (8) On or before December 31, 2015, and annually thereafter, the commission and the state board shall jointly review and report on progress toward establishing a hydrogen-fueling network that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed into operation in the state. The commission and the state board shall consider the following, including, but not limited to, the available plans of automobile manufacturers to deploy hydrogen-fueled vehicles in California and their progress toward achieving those plans, the rate of deployment of hydrogen-fueled vehicles, the length of time required to permit and construct hydrogen-fueling stations, the coverage, capacity, and public accessibility of the existing hydrogen-fueling station network, and the amount and timing of growth in the fueling network to ensure fuel is available to these vehicles. The review shall also determine the remaining cost and timing to establish a sufficient network of hydrogen-fueling stations and whether funding from the Clean Transportation Program remains necessary to achieve this goal. (f) To assist in the implementation of this section and maximize the ability to deploy fueling infrastructure as rapidly as possible with the assistance of private capital, the commission may design grants, loan incentive programs, revolving loan programs, and other forms of financial assistance. The commission also may enter into an agreement with the Treasurer to provide financial assistance to further the purposes of this section. (g) Funds appropriated to the commission for the purposes of this section shall be available for encumbrance by the commission for up to four years from the date of the appropriation and for liquidation up to four years after expiration of the deadline to encumber. (h) Notwithstanding any other law, the state board, in consultation with districts, no later than July 1, 2014, shall convene working groups to evaluate the policies and goals contained within the Carl Moyer Memorial Air Quality Standards Attainment Program, pursuant to Section 44280, and Assembly Bill 923 (Chapter 707 of the Statutes of 2004). (i) This section shall become inoperative on July 1, 2035, and, as of January 1, 2036, is repealed. (Amended by Stats. 2023, Ch. 319, Sec. 1. (AB 126) Effective October 7, 2023. Inoperative July 1, 2035, by its own provisions. Repealed as of January 1, 2036, by its own provisions.)
  163. 43019.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may set annual fees by regulation, and an entity seeking certification must pay the fee.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43019. The state board may adopt, by regulation, a schedule of annual fees for the certification, audit, compliance, and deficiencies of motor vehicles and engines sold in the state to cover the state board’s reasonable costs of implementing the certification, audit, and compliance programs as authorized or required under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) or this part related to mobile sources. The fee shall be paid by an entity seeking that certification. The fee shall be in an amount sufficient to cover the state board’s reasonable costs in implementing those state programs, including any administrative costs and may be adjusted by the annual change in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code, for the preceding year. The fees collected by the state board pursuant to this section shall be deposited in the Certification and Compliance Fund created pursuant to Section 43019.2 and shall solely be used to cover the state board’s reasonable costs of implementing the certification, audit, and compliance programs as authorized or required under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) or this part related to mobile sources. (Amended by Stats. 2025, Ch. 15, Sec. 2. (SB 127) Effective June 27, 2025.)
  164. 43019.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may set fees for certain certification-related costs and must deposit collected fees into the Certification and Compliance Fund.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43019.1. (a) (1) The state board may adopt a schedule of fees to cover all or a portion of the state board’s reasonable costs associated with the certification, audit, compliance, and deficiencies of off-road or nonvehicular engines and equipment, aftermarket parts, and emissions control components sold in the state, as authorized pursuant to Sections 38560, 43013, and 43018 of this code and subdivision (h) of Section 27156 of the Vehicle Code. For purposes of this paragraph, “reasonable costs” does not include the state board’s costs recovered in a fee assessed pursuant to Section 43019. (2) For a certification not subject to a fee assessed by the state board pursuant to Section 43019, the state board may adopt a fee to cover all, or a portion of, the state board’s reasonable costs associated with each type of certification described in paragraph (1), to be paid by the entity seeking the certification. The state board may assess a fee at the time of application and upon certification to spread the financial burden to entities remitting the fee. (b) In adopting a schedule of fees pursuant to subdivision (a), the state board shall work with impacted industries and consider all of the following: (1) Potential impacts on manufacturers that may result from the fee. (2) Size of the manufacturer compared to the industry average served by the product on which the fee will be assessed. (3) Number of certifications requested and consistency with prior year certifications by the manufacturer. (4) Complexity of the regulated category for which a certification is requested. (5) A product’s potential impact on emissions, and the complexity of the evaluation required, including, for an aftermarket part, determining there is no risk to the environment when the aftermarket part is in actual use. (6) Anticipated change in the number of certifications issued annually. (7) Potential impacts for enacting a partial fee that does not fully cover the state board’s costs for activities associated with certification, including the impacts on the processing time for certification. (c) All fees collected pursuant to this section shall be deposited in the Certification and Compliance Fund, created pursuant to Section 43019.2. (Amended by Stats. 2025, Ch. 15, Sec. 3. (SB 127) Effective June 27, 2025.)
  165. 43019.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section creates the Certification and Compliance Fund in the State Treasury and says the state board must spend fund money, after legislative appropriation, on the listed air pollution control activities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43019.2. The Certification and Compliance Fund is hereby created in the State Treasury. All moneys in the fund, upon appropriation by the Legislature, shall be expended by the state board for the activities described in Sections 43019, 43019.1, and 43202.5, as appropriate. (Amended by Stats. 2019, Ch. 31, Sec. 17. (SB 85) Effective June 27, 2019.)
  166. 43019.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must run a public review process for exempting parts under Vehicle Code section 27156 and consider ways to streamline executive orders.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43019.3. The state board shall undertake a public process to review the existing procedures for exempting parts pursuant to Section 27156 of the Vehicle Code with the goal of streamlining the process for issuing executive orders. The state board, through a public process, shall consider the effective use of outside resources and structural changes to the review process to bring parts to market sooner and that meet all applicable requirements of law and regulation. (Added by Stats. 2018, Ch. 51, Sec. 14. (SB 854) Effective June 27, 2018.)
  167. 43020.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    A person who knowingly violates a covered motor-fuel regulation commits a misdemeanor and can be fined up to $1,000, jailed up to six months, or both, for each violation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43020. (a) Any person who knowingly violates any regulation adopted pursuant to this part by the state board pertaining to motor vehicle fuels is guilty of a misdemeanor and is subject to a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six months, or both, for each violation. (b) The recovery of civil penalties pursuant to Section 43016 precludes prosecution pursuant to this section for the same offense. When the executive officer refers a violation to a prosecuting attorney, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to Section 43016 for the same offense. (Added by Stats. 1990, Ch. 1252, Sec. 1.)
  168. 43021.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    This section limits when retirement, replacement, retrofit, or repower of certain self-propelled commercial motor vehicles can be required, with listed exemptions, and requires the state board to study the section’s impact and hold a public workshop.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43021. (a) Except as provided in subdivision (b), the retirement, replacement, retrofit, or repower of a self-propelled commercial motor vehicle, as defined in Section 34601 of the Vehicle Code, shall not be required until the later of the following: (1) Thirteen years from the model year the engine and emission control system are first certified for use in self-propelled commercial motor vehicles by the state board or other applicable state and federal agencies. (2) When the vehicle reaches the earlier of either 800,000 vehicle miles traveled or 18 years from the model year the engine and emission control system are first certified for use in self-propelled commercial motor vehicles by the state board or other applicable state and federal agencies. (b) This section does not apply to any of the following: (1) Safety programs, including, but not limited to, those adopted pursuant to Section 34501 of the Vehicle Code. (2) Voluntary incentive and grant programs, including, but not limited to, those that give preferential access to a facility to a particular vehicle or class of vehicles. (3) Programs designed to address inspection of, tampering with, and maintenance of, emission control systems. (4) Programs designed to address imminent health risks where evidence, unavailable at the time equipment is certified for use by the state board or other applicable state and federal agencies, is sufficient to show that immediate corrective action is necessary to prevent injury, illness, or death. (c) This section only applies to laws or regulations adopted or amended after January 1, 2017. (d) It is the intent of the Legislature for this section to provide owners of self-propelled commercial motor vehicles, as defined in subdivision (a), certainty about the useful life of engines certified by the state board and other applicable agencies to meet required environmental standards for sale in the state. This section is not meant to otherwise restrict the authority of the state board or districts. (e) (1) The state board shall, by January 1, 2025, evaluate the impact of the provisions of this section on state and local clean air efforts to meet state and local clean air goals. The evaluation shall include a review of the following: (A) Compliance with the truck and bus rule (Section 2025 of Title 13 of the California Code of Regulations). (B) The benefits and impacts of measures enacted to improve local air quality impacts from stationary sources. (C) State implementation plan compliance. (2) As part of the study, the state board shall make recommendations to the Legislature on additional or different mechanisms for achieving those goals while recognizing the financial investments made by the effected entities. In developing the study, the state board shall take into account the report required in Section 38531 of the Health and Safety Code. (3) The state board shall hold at least one public workshop prior to the completion of the study. (Added by Stats. 2017, Ch. 5, Sec. 18. (SB 1) Effective April 28, 2017.)
  169. 43021.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must establish or use a program to provide technical assistance for small agricultural truck fleets transitioning to cleaner emission-compliant trucks.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43021.5. In order to minimize the impact of the energy transition on the supply chains in the critical agricultural sector and ensure that disadvantaged communities equitably share in the benefits of and investments in emission reductions, the state board shall establish the Small Agricultural Truck Fleet Assistance Program, or use an existing program, to provide dedicated technical assistance to owner-operators or owners of small fleets to support the transition to cleaner emission-compliant trucks, giving priority for near-zero-emission or zero-emission trucks as feasible. (Added by Stats. 2024, Ch. 746, Sec. 2. (AB 2900) Effective January 1, 2025.)
  170. 43022.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Before spending funds on certain vehicle or vehicle-fuel research or demonstration projects, the state board must adopt a cost-and-benefit plan and confirm the project will not duplicate other publicly funded California programs; it must also publish a public report within 120 days after the project ends.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43022. (a) Prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the state board shall do both of the following, using existing resources: (1) Adopt a plan describing any proposed expenditure that sets forth the expected costs and qualitative as well as quantitative benefits of the proposed program or project. (2) Find that the proposed program or project will not duplicate any other past or present publicly funded California program or project. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public agency where there is no duplication . (b) Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the state board, the state board shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project. (Added by Stats. 1995, Ch. 609, Sec. 3. Effective January 1, 1996.)
  171. 43022.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must select projects for zero-emission vehicle leases or purchases and infrastructure through a competitive grant process with public bidding.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43022.5. The state board shall select projects for zero-emission vehicle leases or purchases and zero-emission vehicle infrastructure for the purpose of implementing any program to encourage the use of zero-emission vehicles through a competitive grant process that includes a public bidding process. (Added by Stats. 2008, Ch. 760, Sec. 12. Effective September 30, 2008.)
  172. 43023.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board may impose administrative penalties for vehicular air pollution control violations, subject to stated limits and procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43023. (a) As an alternative to seeking civil penalties under Chapter 1 (commencing with Section 43000) to Chapter 4 (commencing with Section 43800), inclusive, and Chapter 6 (commencing with Section 44200), for violation of state board regulations, the state board may impose an administrative penalty, as specified in this section, for a violation of this part, or any rule, regulation, permit, variance, or order of the state board pertaining to vehicular air pollution control except as otherwise provided in this division. An administrative penalty imposed pursuant to this section shall not exceed the amount that the state board is authorized to seek as a civil penalty for the applicable violation, and an administrative penalty imposed pursuant to this section shall not exceed ten thousand dollars ($10,000) for each day in which there is a violation up to a maximum of one-hundred-thousand-dollars ($100,000) per penalty assessment proceeding for any violation arising from the same conduct. This one hundred thousand dollar ($100,000) maximum penalty limitation does not apply in any judicial proceeding involving violations committed under this part. (b) Nothing in this section restricts the authority of the state board to negotiate mutual settlements under any other penalty provision of law that exceeds ten thousand dollars ($10,000) for each day in which there is a violation up to a maximum of one hundred thousand dollars ($100,000) per penalty assessment proceeding. (c) The administrative penalties authorized by this section shall be imposed and recovered by the state board in administrative hearings established pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, except that the hearings shall be conducted by an administrative law judge appointed by the Office of Administrative Hearings. (d) Nothing in this section authorizes the state board to impose penalties for categories of violations for which the state board may not seek penalties in a civil action. (e) If the state board imposes any administrative penalties pursuant to this section, the state board shall not bring any action pursuant to, or rely upon, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code. (f) In determining the amount of any administrative penalty imposed pursuant to this section, the state board shall take into consideration all relevant circumstances, including, but not limited to, those factors specified in subdivision (b) of Section 43031. (g) After an order imposing an administrative penalty becomes final pursuant to the hearing procedures identified in subdivision (c), and no petition for a writ of mandate has been filed within the time allotted for seeking judicial review of the order, the state board may apply to the Superior Court for the County of Sacramento for a judgment in the amount of the administrative penalty. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment. (h) This section does not apply to any violation for which a penalty may be assessed pursuant to Chapter 1.5 (commencing with Section 43025). (i) This section is not intended, and shall not be construed, to grant the state board authority to assess an administrative penalty for any category of violation that was not subject to enforcement by the state board as of January 1, 2002. (j) Any administrative penalty assessed pursuant to this section shall be paid to the Treasurer for deposit in the General Fund. (k) A party adversely affected by the final decision in the administrative hearing may seek independent judicial review by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure. (l) This section applies only to violations that occur on or after January 1, 2002. (m) The state board shall prepare and submit to the Legislature and the Governor a report summarizing the administrative penalties imposed by the state board pursuant to this section for calendar year 2011, and annually thereafter. (Amended by Stats. 2010, Ch. 413, Sec. 2. (SB 1402) Effective September 28, 2010.)
  173. 43023.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    Large districts must spend at least half of the specified program funds on projects that directly reduce air pollution or related public health risks.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43023.5. (a) Districts with a population of one million residents or greater, in consultation with the state board, shall ensure that not less than 50 percent of the funds appropriated for purposes of the programs specified in paragraphs (1) to (3), inclusive, are expended in a manner that directly reduces air contaminants or reduces the public health risks associated with air contaminants in those districts, including, but not limited to, airborne toxics and particulate matter, 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: (1) The Carl Moyer Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275) of Part 5 of Division 26 of the Health and Safety Code). (2) Programs for the purchase of reduced-emissions schoolbuses. (3) Diesel mitigation programs. (b) A district with less than one million residents is encouraged to expend funds available to the district for the purposes specified in subdivision (a) in a manner similar to that set forth in subdivision (a), to the extent that district determines that this is feasible. (Amended by Stats. 2006, Ch. 798, Sec. 1. Effective January 1, 2007.)
  174. 43024.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must publish a penalty policy by March 1, 2011.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43024. (a) No later than March 1, 2011, the state board shall publish a penalty policy for civil or administrative penalties prescribed under Chapter 1 (commencing with Section 43000) to Chapter 4 (commencing with Section 43800), inclusive, and Chapter 6 (commencing with Section 44200). (b) The policy shall take into consideration all relevant circumstances, including, but not limited to, all of the following: (1) The extent of harm to public health, safety, and welfare caused by the violation. (2) The nature and persistence of the violation, including the magnitude of the excess emissions. (3) The compliance history of the defendant, including the frequency of past violations. (4) The preventive efforts taken by the defendant, including the record of maintenance and any program to ensure compliance. (5) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods. (6) The efforts of the defendant to attain, or provide for, compliance. (7) The cooperation of the defendant during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation. (8) The financial burden to the defendant. (Added by Stats. 2010, Ch. 413, Sec. 3. (SB 1402) Effective September 28, 2010.)
  175. 43024.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    A person who operates a glider vehicle in violation of covered emission rules must pay a minimum civil penalty of $25,000 per violation. The state board cannot reduce that minimum. Collected money goes to the Air Pollution Control Fund.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43024.1. (a) For purposes of this section, the following definitions apply: (1) “Glider kit” means either of the following: (A) A new vehicle that is incomplete because it lacks an engine, transmission, or axle. (B) Any other new equipment that is substantially similar to a complete motor vehicle and is intended to become a complete motor vehicle with a previously used engine, including, but not limited to, a rebuilt or remanufactured engine. (2) “Glider vehicle” means a new motor vehicle produced from a glider kit or otherwise produced as a new motor vehicle with a used or remanufactured engine. (b) A person who operates a glider vehicle in violation of any provision of this part or order, rule, or regulation of the state board adopted pursuant to this part that establishes emission standards or other requirements for glider vehicles is subject to a minimum civil penalty of twenty-five thousand dollars ($25,000) per violation. (c) Nothing in Section 43024 shall be construed as providing discretion to the state board to reduce the minimum civil penalty described in subdivision (b). (d) All moneys collected by the state board pursuant to this section shall be deposited in the Air Pollution Control Fund and shall be available upon appropriation by the Legislature. (Added by Stats. 2018, Ch. 372, Sec. 1. (AB 2564) Effective January 1, 2019.)
  176. 43024.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. )

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    The state board must update its mobile source strategy to add a comprehensive plan for medium- and heavy-duty vehicles, and it may create a public process to identify vehicle segments that can cut emissions faster.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1. General Provisions [43000 - 43024.2] ( Chapter 1 added by Stats. 1975, Ch. 957. ) ## 43024.2. (a) (1) No later than January 1, 2021, and at least every five years thereafter, the state board, in consultation with the Department of Transportation, the State Energy Resources Conservation and Development Commission, and the Governor’s Office of Business and Economic Development and in collaboration with relevant stakeholders, shall update the state board’s 2016 mobile source strategy to include a comprehensive strategy for the deployment of medium duty and heavy-duty vehicles in the state for the purpose of bringing the state into compliance with federal ambient air quality standards and reducing motor vehicle greenhouse gas emissions from the medium duty and heavy-duty vehicle sector. The state board shall recommend reasonable and achievable goals for reducing emissions from medium duty and heavy-duty vehicles by 2030 and 2050, respectively, as part of the comprehensive strategy based on factors that include, but are not limited to, the state’s overarching emissions reduction goal established in Section 38566, the goals established in the California Sustainable Freight Action Plan completed in response to Executive Order No. B-32-15, technological feasibility, and cost-effectiveness. (2) The state board’s updates to the mobile source strategy shall include both of the following: (A) An identification of policies that provide advantages to fleets that reduce greenhouse gas emissions earlier than required by law. (B) The coordination of plans for the attainment of federal ambient air quality standards with relevant greenhouse gas emissions reduction goals. (b) In developing the comprehensive strategy, the state board shall do all of the following: (1) Seek to maximize the reduction of criteria air pollutants. (2) Identify regulation that could improve market acceptance, spur technology advancements, reduce technology costs, and support the commercialization and deployment of medium duty and heavy-duty vehicles that reduce emissions of greenhouse gases. (3) Identify research needs to address any data gaps. (4) Identify areas where the state should coordinate with other state agencies, districts, utilities providers, and technology providers to implement measures identified as part of the comprehensive strategy. (5) Identify benefits to low-income communities and communities disproportionally impacted by diesel pollution. (6) Identify policies that provide advantages to fleets that reduce greenhouse gas emissions early. (c) The state board, through a public process, may establish a process to identify medium duty and heavy-duty vehicle segments that can more quickly reduce motor vehicle emissions, consistent with the state board’s three-year heavy-duty vehicle investment strategy required pursuant to the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, established pursuant to Section 39719.2, with a beachhead market analysis. (d) The state board shall submit the updated mobile source strategy to the relevant policy and fiscal committees of the Legislature. (Added by Stats. 2019, Ch. 297, Sec. 2. (SB 44) Effective January 1, 2020.)
  177. 43025.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    The Legislature says this chapter updates penalties for fuel regulation violations so enforcement can be fair and effective.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43025. It is the intent of the Legislature in the enactment of this chapter to update the penalty provisions for violations of fuel regulations to ensure that the appropriate tools are available to effectively and fairly enforce state law. In enacting this chapter, it is not the intent of the Legislature to modify penalty settlements beyond historic levels. The civil and administrative penalty provisions in this chapter are designed to give the state board an effective, efficient, and flexible tool to fairly enforce all violations. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  178. 43026.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    Motor vehicle fuel distributors must report business locations to the state board, keep detailed fuel records for at least two years, and avoid moving those records without notice. The state board issues compliance certificates, can inspect records, and may publish distributor lists. Retailers and transporters face penalties for dealing with noncomplying distributors or fuel.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43026. (a) For purposes of this section, “motor vehicle fuel distributor” means any person who (1) refines, blends, or otherwise produces motor vehicle fuel, or (2) with an ownership interest in the fuel, transports or causes the transport of motor vehicle fuel at any point between a production or import facility and a retail outlet, or sells, offers for sale, or supplies motor vehicle fuel to motor vehicle fuel retailers. (b) Any motor vehicle fuel distributor who conducts business within the state shall, annually on January 1, inform the state board in writing of the distributor’s principal place of business, which shall be a physical address and not a post office box, and any other place of business at which distributor records are maintained or refining activities are conducted. (c) The state board shall supply each complying motor vehicle fuel distributor with a certificate of compliance with this section not later than June 30. The certificate shall be effective from July 1 of the year of issuance through June 30 of the following year. (d) All motor vehicle fuel distributors shall maintain complete records of each purchase, delivery, or supply of motor vehicle fuel for a period of not less than two years in the physical locations reported pursuant to subdivision (b) and shall not move the records to another physical location without notifying the state board of the new location. A complete record for each delivery shall consist of not less than a copy, or the information contained therein, of the bills of lading from the refinery or bulk terminal from which the fuel is received, the delivery ticket or receipt showing the location of the fuel at the time of sale, and the invoice showing the purchaser of the fuel. All those records may be kept in physical or electronic format and are subject to inspection and duplication by the state board. (e) Any motor vehicle fuel distributor who intentionally fails to comply with subdivision (b) or (d) is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day of noncompliance. (f) No person shall knowingly transport motor vehicle fuel for any motor vehicle fuel distributor who is not in possession of a current certificate of compliance as described in subdivision (c). Any person who transports, or provides vehicles to transport, motor vehicle fuel for a noncomplying distributor is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per day. However, any person who transports, or provides vehicles to transport, motor vehicle fuel for a distributor who is in possession of a current certificate of compliance shall not be liable for any penalties under this subdivision unless that person has specific knowledge of noncompliance. (g) Any retailer who knowingly sells or supplies motor vehicle fuel which was delivered to the retailer by, or on behalf of, a noncomplying motor vehicle fuel distributor is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each transaction. (h) Any retailer who sells motor vehicle fuel that does not comply with regulations of the state board, after both oral and written notice to cease and desist have been delivered to the owner, manager, or attendant on duty at the retailer facility, and upon failure to comply with that notice, is subject to the issuance of a cease and desist order by the state board and a penalty of ten thousand dollars ($10,000) for each day of noncompliance with the cease and desist order. (i) The state board shall annually compile and publish a complete listing of all certified motor vehicle fuel distributors, and shall mail a copy to every licensed transporter of petroleum products. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  179. 43027.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    Different civil penalties apply for fuel-regulation violations, ranging from $25,000 to $250,000 depending on intent or negligence, with an additional gain-based penalty for willful and intentional violations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43027. The following civil penalties apply to the following acts not included within Section 43026: (a) Any person who willfully and intentionally violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000), and the prosecuting agency shall include a claim for an additional penalty in the amount of any economic gain that otherwise would not have been realized from the sale of the fuel determined to be in noncompliance. (b) Any person who negligently violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, exclusive of the documentation requirements specified in subdivision (d), is liable for a civil penalty of not more than fifty thousand dollars ($50,000). (c) Any person who violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, exclusive of the documentation requirements specified in subdivision (d), is strictly liable for a civil penalty of not more than thirty-five thousand dollars ($35,000). (d) Any person who enters false information in, or fails to keep, any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, is strictly liable for a civil penalty of not more than twenty-five thousand dollars ($25,000). In determining the amount of the penalty to be assessed under this subdivision, the court, or in reaching any settlement, the Attorney General or the state board, shall take into consideration, in addition to subdivision (b) of Section 43031, the specific circumstances and intent of the defendant in making the false entry or in failing to keep the document. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  180. 43028.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    The state board may impose administrative civil penalties for certain fuel-regulation violations, subject to adopted procedures and penalty caps.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43028. As an alternative to any civil penalties prescribed under this part, the state board may impose administrative civil penalties for a violation of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, if the state board has adopted rules and regulations specifying procedures for the imposition and amounts of those penalties. No administrative civil penalty levied pursuant to this section shall exceed twenty-five thousand dollars ($25,000) for each day on which there is a violation or three hundred thousand dollars ($300,000) in total. However, nothing in this section restricts the authority of the state board to negotiate mutual settlements under any other penalty provision of law which exceed twenty-five thousand dollars ($25,000) for each day on which there is a violation or three hundred thousand dollars ($300,000) in total, except that the state board shall not rely on any provision of the Business and Professions Code. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  181. 43029.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    The prosecuting agency must seek an additional penalty for fuel-regulation violations, and the penalty formula uses per-ton amounts for gasoline and diesel cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43029. In an action to recover civil penalties pursuant to subdivisions (b) and (c) of Section 43027, a proceeding to assess administrative civil penalties pursuant to Section 43028, or a criminal prosecution pursuant to Section 43020, the prosecuting agency shall include a claim for an additional penalty designed to eliminate the economic benefits from noncompliance against any person who violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board pertaining to fuel requirements or standards as follows: (a) For violations of gasoline requirements, the amount of the penalty shall equal the product of the number of tons of incremental increased vehicular emissions resulting from the manufacture, distribution, and sale of the specified volume of noncompliant fuel and nine thousand one hundred dollars ($9,100) per ton, which is the maximum calculated cost-effectiveness for California Phase 2 Reformulated Gasoline. (b) For violations of diesel fuel requirements, the amount of the penalty shall equal the product of the number of tons of incremental increased vehicular emissions resulting from the manufacture, distribution, and sale of the specified volume of noncompliant fuel and five thousand two hundred dollars ($5,200) per ton, which is the maximum calculated cost-effectiveness for California low sulfur, low aromatics diesel fuel. (c) To ensure that the penalties under subdivisions (a) and (b) continue to adequately reflect the goals of this section, the following shall occur annually: (1) The cost-effectiveness values set forth in subdivisions (a) and (b) shall be adjusted to reflect the change in the annual average nationwide producers price index of industrial commodities, less fuels and related products and power, published by the United States Bureau of Labor Statistics, averaged over the previous 5 years. (2) The methodologies used to calculate the excess emissions from noncompliant fuels shall be reviewed by the state board and updated as necessary. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  182. 43030.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    Violations tied to certain fuel-regulation penalties are treated as separate offenses by day, and in one case by each day within a month. Civil or administrative civil penalties for the chapter block prosecution for the same offense, and a criminal complaint can require dismissal of related civil or administrative proceedings.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43030. (a) For the penalties prescribed in Sections 43027 and 43028, each day during any portion of which a violation occurs is a separate offense. (b) In applying penalties under Section 43027 or 43028 for violations based solely upon the state board’s review of monthly production records, each day within a month for which a violation occurs is a separate violation. (c) The recovery of civil or administrative civil penalties pursuant to this chapter precludes prosecution pursuant to Section 43020 for the same offense. When the executive officer refers a violation to a prosecuting attorney, the filing of a criminal complaint is grounds requiring the dismissal of any civil action or administrative proceedings brought pursuant to this chapter for the same offense. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  183. 43031.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    This section says fuel-regulation penalties can be assessed and recovered by the Attorney General or the state board, through a civil action or administrative hearings, and the court/officials must consider listed factors when setting the amount.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43031. (a) The civil or administrative civil penalties prescribed in this chapter shall be assessed and recovered either in a civil action brought in the name of the people of the State of California by the Attorney General or by the state board, or in administrative hearings established pursuant to regulations adopted by the state board. (b) In determining the amount assessed, the court, the Attorney General, or the state board, in reaching any settlement, shall take into consideration all relevant circumstances, including, but not limited to, all of the following: (1) The extent of harm to public health, safety, and welfare caused by the violation. (2) The nature and persistence of the violation, including the magnitude of the excess emissions. (3) The compliance history of the defendant, including the frequency of past violations. (4) The preventive efforts taken by the defendant, including the record of maintenance and any program to ensure compliance. (5) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods. (6) The efforts to attain, or provide for, compliance. (7) The cooperation of the defendant during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation. (8) For a person who owns a single retail service station, the size of the business. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  184. 43031.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. )

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    Money collected from penalties under this chapter must be deposited into the Air Pollution Control Fund and used only for environmental cleanup, abatement, or pollution prevention technology.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 1.5. Penalties for Violation of Fuel Regulations [43025 - 43031.5] ( Chapter 1.5 added by Stats. 1995, Ch. 966, Sec. 3. ) ## 43031.5. The revenues from penalties recovered by the state board pursuant to this chapter shall be deposited in the Air Pollution Control Fund and shall only be expended by the state board for environmental cleanup, abatement, or pollution prevention technology. (Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
  185. 43100.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board may certify new motor vehicles and new motor vehicle engines 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 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43100. The state board may certify new motor vehicles and new motor vehicle engines pursuant to this article. (Amended by Stats. 1976, Ch. 1206.)
  186. 43101.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt and implement emission standards for new motor vehicles, and it may make those standards apply to engines instead of vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43101. (a) The state board shall adopt and implement emission standards for new motor vehicles for the control of emissions from new motor vehicles that the state board finds to be necessary and technologically feasible to carry out the purposes of this division. Before adopting these standards, the state board shall consider the impact of these standards on the economy of the state, including, but not limited to, their effect on motor vehicle fuel efficiency. (b) The standards adopted pursuant to this section may be applicable to motor vehicle engines, rather than to motor vehicles. (Amended by Stats. 2004, Ch. 644, Sec. 20. Effective January 1, 2005.)
  187. 43101.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board may not set certain vehicle emissions standards above specified limits unless it also provides optional standards, and it must report to the Legislature and consult the EPA and manufacturers before eliminating those optional standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43101.5. The emission standards adopted by the state board pursuant to Section 43101 for the 1983 and later model-year motor vehicles shall be limited by the following: (a) For all gasoline-powered passenger vehicles prior to the 1986 model year, the state board shall not adopt primary standards for the emission of oxides of nitrogen which are more stringent than 0.7 grams per vehicle mile, unless the state board by regulation also provides for optional standards which are not more stringent, with respect to each constituent, than 0.39 grams per vehicle mile for nonmethane hydrocarbon, 7.0 grams per vehicle mile for carbon monoxide, and 0.7 grams per vehicle mile for oxides of nitrogen. For gasoline-powered light-duty vehicles and medium-duty vehicles prior to the 1986 model year of less than 4,000 pounds unladen weight, the state board shall not adopt primary standards for the emission of oxides of nitrogen which are more stringent than 1.0 gram per vehicle mile, unless the state board by regulation also provides for optional standards which are not more stringent, with respect to each constituent, than 0.39 grams per vehicle mile for nonmethane hydrocarbon, 9.0 grams per vehicle mile for carbon monoxide, and 1.0 gram per vehicle mile for oxides of nitrogen. Any option may not impose certification, warranty, or enforcement requirements of greater duration or stringency than those set forth in the regulations applicable to 1983 and later model years, as adopted or amended by the state board on May 20, 1981. (b) If the state board intends by regulation to eliminate for 1986 and later model-year vehicles the optional standards specified in subdivision (a), the state board shall submit to the Legislature, not later than January 15th of the year which is at least two calendar years prior to the year in which production would commence of vehicles subject to the new standard, a report with an estimate of the air quality benefits of the more stringent standard, the technological and economic feasibility of requiring the standard, and the potential effects on fuel economy associated with the standard. The state board shall consult with the Environmental Protection Agency and motor vehicle and engine manufacturers prior to submitting the air quality and fuel economy estimates. (Added by Stats. 1981, Ch. 1185.)
  188. 43102.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board may not certify new motor vehicles or new motor vehicle engines unless they meet the applicable emission standards, and it must adopt regulations for certain future model years allowing a limited California certification exemption.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43102. (a) No new motor vehicle or new motor vehicle engine shall be certified by the state board, unless the vehicle or engine, as the case may be, meets the emission standards adopted by the state board pursuant to Section 43101 under test procedures adopted by the state board pursuant to Section 43104. (b) Notwithstanding subdivision (a), to assure that California consumers have an adequate selection of light-duty motor vehicle models, the state board shall adopt certification and enforcement regulations for future model years as soon as practicable, but not later than for the 1983 and subsequent model years, which will allow a manufacturer to certify in California federally certified light-duty motor vehicles with any engine family or families when their emissions are offset by the manufacturer’s California certified motor vehicles whose emissions are below the applicable California standards. This exemption shall not apply to emergency vehicles, as defined in Section 2002 of Title 15 of the United States Code. (c) Subdivision (b) shall not be applicable to any vehicle or engine model which is certified to meet the emission standards established pursuant to Section 43101 or 43101.5. (Amended by Stats. 1981, Ch. 1185.)
  189. 43104.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt regulations for testing new motor vehicles and engines to determine emissions compliance, and those test procedures must be based on federal test procedures or typical urban California driving patterns.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43104. For the certification of new motor vehicles or new motor vehicle engines, the state board shall adopt, by regulation, test procedures and any other procedures necessary to determine whether the vehicles or engines are in compliance with the emissions standards established pursuant to Section 43101. The state board shall base its test procedures on federal test procedures or on driving patterns typical in the urban areas of California. (Amended by Stats. 2000, Ch. 1077, Sec. 3. Effective January 1, 2001.)
  190. 43105.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Manufacturers cannot sell, offer, deliver, or register covered new vehicles or engines if they violated emissions rules and failed to take corrective action.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43105. No new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine required pursuant to this part to meet the emission standards established pursuant to Section 43101 shall be sold to the ultimate purchaser, offered or delivered for sale to the ultimate purchaser, or registered in this state if the manufacturer has violated emission standards or test procedures and has failed to take corrective action, which may include recall of vehicles or engines, specified by the state board in accordance with regulations of the state board. If a manufacturer contests the necessity for, or the scope of, a recall of vehicles or engines ordered pursuant to this section and so advises the state board, the state board shall not require such recall unless it first affords the manufacturer the opportunity, at a public hearing, to present evidence in support of the manufacturer’s objections. If a vehicle or engine is recalled pursuant to this section, the manufacturer shall make all necessary corrections specified by the state board without charge to the registered owner of the vehicle or vehicle with such engine or, at the manufacturer’s election, reimburse the registered owner for the cost of making such necessary corrections. The procedures for determining, and the facts constituting, compliance or failure of compliance shall be established by the state board. (Amended by Stats. 1976, Ch. 1206.)
  191. 43105.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Motor vehicle manufacturers must disclose specified emissions-related diagnostic and repair information to covered persons, and the state board must adopt implementing regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43105.5. (a) For all 1994 and later model-year motor vehicles equipped with on board diagnostic systems (OBD’s) and certified in accordance with the test procedures adopted pursuant to Section 43104, the state board, not later than January 1, 2002, shall adopt regulations that require a motor vehicle manufacturer to do all of the following to the extent not limited or prohibited by federal law (the regulations adopted by the state board pursuant to this provision may include subject matter similar to the subject matter included in regulations adopted by the United States Environmental Protection Agency): (1) Make available, within a reasonable period of time, and by reasonable business means, including, but not limited to, use of the Internet, as determined by the state board, to all covered persons, the full contents of all manuals, technical service bulletins, and training materials regarding emissions-related motor vehicle information that is made available to their franchised dealerships. (2) Make available for sale to all covered persons the manufacturer’s emissions-related enhanced diagnostic tools, and make emissions-related enhanced data stream information and bidirectional controls related to tools available in electronic format to equipment and tool companies. (3) If the motor vehicle manufacturer uses reprogrammable computer chips in its motor vehicles, provide equipment and tool companies with the information that is provided by the manufacturer to its dealerships to allow those companies to incorporate into aftermarket tools the same reprogramming capability. (4) Make available to all covered persons, within a reasonable period of time, a general description of their on board diagnostic systems (OBD II) for the 1996 and subsequent model-years, which shall contain the information described in this paragraph. For each monitoring system utilized by a manufacturer that illuminates the OBD II malfunction indicator light, the motor vehicle manufacturer shall provide all of the following: (A) A general description of the operation of the monitor, including a description of the parameter that is being monitored. (B) A listing of all typical OBD II diagnostic trouble codes associated with each monitor. (C) A description of the typical enabling conditions for each monitor to execute during vehicle operation, including, but not limited to, minimum and maximum intake air and engine coolant temperature, vehicle speed range, and time after engine startup. (D) A listing of each monitor sequence, execution frequency, and typical duration. (E) A listing of typical malfunction thresholds for each monitor. (F) For OBD II parameters for specific vehicles that deviate from the typical parameters, the OBD II description shall indicate the deviation and provide a separate listing of the typical value for those vehicles. (G) The information required by this paragraph shall not include specific algorithms, specific software code, or specific calibration data beyond that required to be made available through the generic scan tool in federal and California on board diagnostic regulations. (5) Not utilize any access or recognition code or any type of encryption for the purpose of preventing a vehicle owner from using an emissions-related motor vehicle part with the exception of the powertrain control modules, engine control modules, and transmission control modules, that has not been manufactured by that manufacturer or any of its original equipment suppliers. (6) Provide to all covered persons information regarding initialization procedures relating to immobilizer circuits or other lockout devices to reinitialize vehicle on board computers that employ integral vehicle security systems if necessary to repair or replace an emissions-related part, or if necessary for the proper installation of vehicle on board computers that employ integral vehicle security systems. (7) All information required to be provided to covered persons by this section shall be provided, for fair, reasonable, and nondiscriminatory compensation, in a format that is readily accessible to all covered persons, as determined by the state board. (b) Any information required to be disclosed pursuant to a final regulation adopted under this section that the motor vehicle manufacturer demonstrates to a court, on a case-by-case basis, to be a trade secret pursuant to the Uniform Trade Secret Act contained in Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, shall be exempt from disclosure, unless the court, upon the request of a covered person seeking disclosure of the information, determines that the disclosure of the information is necessary to mitigate anticompetitive effects. In making this determination, the court shall consider, among other things, the practices of any motor vehicle manufacturer that results in the fullest disclosure of information listed in paragraph (4) of subdivision (a). In actions subject to this subdivision, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting a protective order in connection with discovery proceedings, holding an in-camera hearing, sealing the record of the action, or ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (c) If information is required to be disclosed by a motor vehicle manufacturer pursuant to subdivision (b), the court shall allow for the imposition of reasonable business conditions as a condition of disclosure, and may include punitive sanctions for the improper release of information that is determined to be a trade secret to a competitor of the manufacturer. The court shall also provide for fair, reasonable, and nondiscrimatory compensation to the motor vehicle manufacturer for the disclosure of information determined by the court to be a trade secret and required to be disclosed pursuant to subdivision (b). The court shall provide for the dissemination of trade secret information required to be disclosed pursuant to subdivision (b) through licensing agreements and the collection of reasonable licensing fees. If the court determines that disclosure of any of the information required to be disclosed under subdivision (b) constitutes a taking of personal property, a jury trial shall be held to determine the amount of compensation for that taking, unless waived by the motor vehicle manufacturer. (d) The state board shall periodically conduct surveys to determine whether the information requirements imposed by this section are being fulfilled by actual field availability of the information. (e) If the executive officer of the state board obtains credible evidence that a motor vehicle manufacturer has failed to comply with any of the requirements of this section or the regulations adopted by the state board, the executive officer shall issue a notice to comply to the manufacturer. Not later than 30 days after issuance of the notice to comply, the vehicle manufacturer shall submit to the executive officer a compliance plan, unless within that 30-day period the manufacturer requests an administrative hearing to contest the basis or scope of the notice to comply in accordance with subdivision (f). The executive officer shall accept the compliance plan if it provides adequate demonstration that the manufacturer will come into compliance with this section and the board’s implementing regulations within 45 days following submission of the plan. However, the executive officer may extend the compliance period if the executive officer determines that the violation cannot be remedied within that period. (f) If the motor vehicle manufacturer contests a notice to comply pursuant to subdivision (e) or the executive officer rejects the compliance plan submitted by the manufacturer, an administrative hearing shall be conducted by a hearing officer appointed by the state board, in accordance with procedures established by the state board. The hearing procedures shall provide the manufacturer and any other interested party at least 30 days notice of the hearing. If, after the hearing, the hearing officer appointed by the state board finds that the motor vehicle manufacturer has failed to comply with any of the requirements of this section or the regulations adopted by the state board, and the manufacturer fails to correct the violation with 30 days from the date of the finding, the hearing officer may impose a civil penalty upon the manufacturer in an amount not to exceed twenty-five thousand dollars ($25,000) per day per violation until the violation is corrected, as determined in accordance with the hearing procedures established by the state board. The hearing procedures may provide additional time for compliance prior to imposing a civil penalty. If so, the hearing officer may grant additional time for compliance if he or she determines that the violation cannot be remedied within 30 days of the finding that a violation has occurred. (g) Nothing in this section is intended to authorize the infringement of intellectual property rights embodied in United States patents, trademarks, or copyrights, to the extent those rights may be exercised consistently with any other federal laws. (Amended by Stats. 2012, Ch. 728, Sec. 90. (SB 71) Effective January 1, 2013.)
  192. 43106.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    New motor vehicles or engines covered by this part must be built substantially the same as the certified test vehicle or engine, and later changes are allowed only if they do not increase emissions and follow state board procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43106. Each new motor vehicle or engine required pursuant to this part to meet the emission standards established pursuant to Section 43101 shall be, in all material respects, substantially the same in construction as the test motor vehicle or engine, as the case may be, which has been certified by the state board in accordance with this article. However, changes with respect to new motor vehicles or engines previously certified may be made if such changes do not increase emissions above the standards under which those motor vehicles or engines, as the case may be, were certified and are made in accordance with procedures specified by the state board. (Amended by Stats. 1976, Ch. 1206.)
  193. 43107.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board may adopt emission standards by regulation for certain new motorcycles, and motorcycles are exempt from Section 43200.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43107. (a) The state board may, by regulation, adopt emission standards for new 1977 and later model year motorcycles registered or identified by the Department of Motor Vehicles which are sold in the state on or after July 1, 1976, or such later date as established by the state board by regulation. (b) Motorcycles shall be exempt from the provisions of Section 43200. (Added by Stats. 1975, Ch. 957.)
  194. 43108.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board may certify certain school buses or school bus engines if federal conformity has been granted, and it must require and receive manufacturer showings before granting certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. General Provisions [43100 - 43108] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43108. (a) In lieu of certification pursuant to Section 43102, the state board may certify a new motor vehicle designed for exclusive use as a schoolbus, or a new motor vehicle engine intended for use in a schoolbus, if the Administrator of the Environmental Protection Agency has granted a certificate of conformity for the schoolbus or engine pursuant to the Clean Air Act (42 U.S.C. Sec. 1857 et seq.). (b) The state board shall grant a certification pursuant to subdivision (a) only if the manufacturer of the schoolbus or engine demonstrates that an engine suitable for use in the manufacturer’s standard type of schoolbus which meets the applicable emissions standards established by the state board pursuant to Section 43102 is not available for installation. (c) The state board, prior to granting a certification pursuant to subdivision (a), shall require a showing by the manufacturer of the schoolbus or engine of a good faith effort to procure or manufacture an engine which meets the standards established by the state board pursuant to Section 43102 and, in the case of the schoolbus manufacturer, a good faith effort to accomplish a schoolbus redesign to accommodate such an engine. In the absence of these showings, the state board shall not grant a certification pursuant to subdivision (a). (Added by Stats. 1976, Ch. 741.)
  195. 43150.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    The Legislature states that only new motor vehicles and new motor vehicle engines meeting California emission standards, test procedures, and certification requirements should be used or registered in the state, while also protecting interstate travel and business.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43150. The Legislature finds and declares that the people of this state, in order to achieve the purposes of this part, have a special interest in assuring that only those new motor vehicles and new motor vehicle engines which meet this state’s stringent emission standards and test procedures, and which have been certified pursuant to this chapter, are used or registered in this state. The Legislature also finds and declares that this special interest must be protected in a manner which will not unduly or unreasonably infringe upon the right of the people of this state and other states to travel and do business interstate. (Added by Stats. 1976, Ch. 1206.)
  196. 43151.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    It is prohibited to sell, import, buy, rent, lease, acquire, receive, or help carry out certain transactions involving uncertified new motor vehicles or engines 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 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43151. (a) A person shall not offer for sale, introduce into commerce, import, deliver, purchase, rent, lease, acquire, or receive a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in this state unless the motor vehicle engine or motor vehicle has been certified pursuant to this chapter. A person shall not attempt or assist in any such action. (b) This article shall not apply to a vehicle acquired by a resident of this state for the purpose of replacing a vehicle registered to that resident that was damaged or became inoperative beyond reasonable repair or was stolen while out of this state provided that the replacement vehicle is acquired out of state at the time the previously owned vehicle was either damaged or became inoperative or was stolen. This article shall not apply to a vehicle transferred by inheritance or by a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction, or to any vehicle sold after the effective date of the amendments to this subdivision at the 1979–80 Regular Session of the Legislature if the vehicle was registered in this state before that effective date. (c) This chapter shall not apply to any motor vehicle having a certificate of conformity issued pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in another state by a resident of that state who subsequently establishes residence in this state and who, upon registration of the vehicle in this state, provides satisfactory evidence to the Department of Motor Vehicles of the previous residence and registration. This subdivision shall become operative 180 calendar days after the state board adopts regulations for the certification of new direct import vehicles pursuant to Section 43203.5. (Amended by Stats. 2016, Ch. 604, Sec. 2. (AB 1685) Effective January 1, 2017.)
  197. 43152.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    Certain businesses and anyone else must not import, deliver, buy, receive, acquire, or help with new motor vehicles or engines that are not certified under this chapter when the vehicles are intended for specified 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 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43152. No person who is engaged in this state in the business of selling to an ultimate purchaser, or renting or leasing new motor vehicles or new motor vehicle engines, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new motor vehicle, new motor vehicle engine, or vehicle with a new motor vehicle engine which is intended for use primarily in this state, for sale or resale to an ultimate purchaser who is a resident of or doing business in this state, or for registration, leasing or rental in this state, which has not been certified pursuant to this chapter. No person shall attempt or assist in any such act. (Added by Stats. 1976, Ch. 1206.)
  198. 43153.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    Some sellers and lessors of new motor vehicles or engines may not sell or rent uncertified vehicles or engines in California, and they may not help someone do so.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43153. No person who is engaged in this state in the business of selling to an ultimate purchaser or renting or leasing new motor vehicles or new motor vehicle engines, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently sell, or offer to sell, to an ultimate purchaser who is a resident of or doing business in this state, or lease, offer to lease, rent, or offer to rent, in this state any new motor vehicle, new motor vehicle engine, or vehicle with a new motor vehicle engine, which is intended primarily for use or for registration in this state, and which has not been certified pursuant to this chapter. No person shall attempt or assist in any such action. (Added by Stats. 1976, Ch. 1206.)
  199. 43154.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    Violators of this article face civil penalties, with a lower cap for dealers, and the state board must adjust the maximum penalties for inflation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43154. (a) (1) A person who violates any provision of this article shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action. For a manufacturer or distributor who violates any provision of this article, the payment of the penalty and making the vehicles compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those motor vehicles. (2) Notwithstanding paragraph (1), a dealer, as defined in Section 285 of the Vehicle Code, who violates any provision of this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such action. (3) The state board shall adjust the maximum penalty specified in paragraphs (1) and (2) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) Any action to recover a penalty under this section shall be brought in the name of the people of the State of California in the superior court of the county where the violation occurred, or in the county where the defendant’s residence or principal place of business is located, by the Attorney General on behalf of the state board, in which event all penalties adjudged by the court shall be deposited in the Air Pollution Control Fund, or by the district attorney or county attorney of that county, or by the city attorney of a city in that county, in which event all penalties adjudged by the court shall be deposited with the treasurer of the county or city, as the case may be. (Amended by Stats. 2016, Ch. 604, Sec. 3. (AB 1685) Effective January 1, 2017.)
  200. 43155.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    An action to recover civil penalties under Section 43154 must be given special precedence on the court calendar over other civil matters, except matters granted equal precedence 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 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43155. An action brought pursuant to Section 43154 to recover such civil penalties shall take special precedence over all other civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law. (Added by Stats. 1976, Ch. 1206.)

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