BILL NUMBER: AB 451	CHAPTERED  10/03/01

	CHAPTER  456
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2001
	APPROVED BY GOVERNOR  OCTOBER 2, 2001
	PASSED THE ASSEMBLY  AUGUST 31, 2001
	PASSED THE SENATE  AUGUST 28, 2001
	AMENDED IN SENATE  JULY 10, 2001
	AMENDED IN ASSEMBLY  APRIL 23, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Firebaugh
   (Coauthor:  Assembly Member Negrete McLeod)

                        FEBRUARY 20, 2001

   An act to amend Section 40916 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 451, Firebaugh.  Air pollution:  architectural paint and
coatings.
   (1) Existing law requires each air pollution control district and
each air quality management district that has been designated a
nonattainment area for ozone, carbon monoxide, sulfur dioxide, or
nitrogen dioxide to submit to the State Air Resources Board a plan
for attaining and maintaining the state ambient air quality
standards.  Existing law also requires the state board to make
technical assistance available to support attainment planning.
   This bill would authorize the state board to recommend for
adoption by a district any suggested control measure for any
architectural paint or coating, if the state board determines that
the control measure will achieve a feasible reduction in volatile
organic compounds emitted, and if the state board determines that
adequate data exist to establish that the control measure is
necessary to attain state and federal ambient air quality standards
and is commercially and technologically feasible and necessary.
   (2) Existing law also requires the governing board of each
district to hold a noticed hearing prior to adopting, amending, or
repealing any rule or regulation.
   This bill also would require each district to provide at least one
public workshop for any rule the district adopts regarding
architectural paint or coating.  By imposing an additional duty on
the districts, this bill would impose a state-mandated local program.

  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 40916 of the Health and Safety Code is amended
to read:
   40916.  (a) The state board shall make technical assistance
available to a district, at the district's request, to support
attainment planning and air pollutant transport planning and
associated analyses.  If the state board lacks sufficient resources
to make technical assistance available to each district that requests
assistance, the state board shall give priority to those districts
that have limited financial or technical capabilities.
   (b) The state board shall develop guidelines for use by the
districts to prepare emission inventories, develop monitoring
networks, and develop methods for the validation of air quality
models.
   (c) The state board shall develop and periodically update
guidelines for use by the districts to establish equivalent emission
reductions for mobile source emission control strategies and
transportation control measures.
   (d) (1) The state board may recommend a suggested control measure
for adoption by a district to meet the requirements of the district's
plan adopted pursuant to this chapter for any architectural paint or
coating, if the state board determines all of the following:
   (A) The control measure will achieve a feasible reduction in
volatile organic compounds emitted by the architectural paint or
coating.  For purposes of this paragraph, "feasible reduction in
volatile organic compounds emitted" means an emission limitation that
is achievable, taking into account environmental, energy, and
economic impacts.
   (B) Adequate data exist to establish that the control measure is
necessary to attain state and federal ambient air quality standards.

   (C) The control measure is commercially and technologically
feasible and necessary.
   (2) Nothing in this subdivision shall limit or affect the ability
of a district to adopt or enforce rules related to architectural
paint or coatings. Every rule adopted by a district regarding
architectural paint or coatings shall be adopted by the governing
board of the district in accordance with existing law, and shall
include at least one public workshop.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.