BILL NUMBER: AB 630 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Price
FEBRUARY 21, 2007
An act to amend Section 40440 of the Health and Safety
Code, relating to air pollution. An act to add and
repeal Section 43013.6 of the Health and Safety Code, relating to air
pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 630, as amended, Price. South coast district board.
Air emissions standards: EPA waiver.
Existing law designates air pollution control districts and air
quality management districts as having the primary responsibility for
the control of air pollution from all sources other than vehicular
sources, subject to the powers and duties of the State Air Resources
Board. The state board is authorized to adopt and implement motor
vehicle emission standards, in-use performance standards, and motor
vehicle fuel specifications that the state board has found to be
necessary, cost effective, and technologically feasible.
The federal Clean Air Act prohibits any state from adopting
standards relating to the control of emissions from new motor
vehicles or new motor vehicle engines, or from nonroad vehicles or
nonroad engines, but requires the Administrator of the United States
Environmental Protection Agency to waive this prohibition for
California under specified circumstances.
This bill would require, if certain requirements are met, the
state board to expeditiously adopt an emissions standard or
requirement proposed by a local or regional authority that requires a
waiver or authorization under the federal Clean Air Act, and would
require the state board, if necessary, to submit the standard or
requirement to the United States Environmental Protection Agency for
waiver or authorization. The bill would repeal these provisions on
January 1, 2015.
Under existing law, the Lewis-Presley Air Quality Management Act
establishes the South Coast Air Quality Management District in those
portions of the Counties of Los Angeles, Orange, Riverside, and San
Bernardino included within the South Coast Air Basin, as the local
agency with the responsibility for comprehensive air pollution
control within the basin.
This bill would make technical, nonsubstantive changes to
provisions of law relating to the south coast district board.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43013.6 is added to the
Health and Safety Code , to read:
43013.6. (a) If a local or regional authority proposes an
emission standard or requirement for motor vehicles or motor vehicle
engines, or for off-road vehicles or off-road vehicle engines, that
requires a waiver or authorization from the United States
Environmental Protection Agency (EPA) pursuant to Section 209 of the
federal Clean Air Act (42 U.S.C. Sec. 7543), and meets all the
requirements of this section, the state board shall expeditiously
adopt the standard or requirement as a rule or regulation and, if
necessary under Section 209, submit it to the EPA for waiver or
authorization unless the state board finds, after a rulemaking
hearing, any of the following:
(1) The standard or requirement is not technically feasible and
will not become feasible by the proposed implementation date.
(2) The proposal is not cost effective compared to measures
included in the air quality plan for the area.
(3) The proposal will not qualify for a required waiver or
authorization under Section 209.
(b) A local or regional authority submitting a standard or
requirement to the state board for adoption shall meet all of the
following requirements:
(1) The requirements of Sections 40725 to 40728.5, inclusive.
(2) Prepare and make available to the public at least 30 days
before the state board's rulemaking hearing, an analysis of the
technical feasibility, cost-effectiveness, and effects on public
health and welfare of the standard or requirement.
(3) The governing body of the local or regional authority finds,
after a public hearing, that the standards or requirements are, in
the aggregate, at least as protective of public health and welfare as
applicable federal standards.
(c) This section does not authorize a local or regional authority
to propose pursuant to this section a standard or requirement that
creates a conflict with an applicable California standard or
requirement.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SECTION 1. Section 40440 of the Health and
Safety Code is amended to read:
40440. (a) The south coast district board shall adopt rules and
regulations that carry out the plan and are not in conflict with
state and federal laws, rules, and regulations. Upon adoption and
approval of subsequent revisions of the plan, these rules and
regulations shall be amended, if necessary, to conform to the plan.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall do all of the following:
(1) Require the use of best available control technology for new
and modified sources and the use of best available retrofit control
technology for existing sources.
(2) Promote cleaner burning alternative fuels.
(3) Consistent with Section 40414, provide for indirect source
controls in those areas of the south coast district in which there
are high-level, localized concentrations of pollutants or with
respect to any new source that will have a significant effect on air
quality in the South Coast Air Basin.
(4) Provide for transportation control measures, as listed in the
plan.
(c) The south coast district board shall adopt rules and
regulations that will assure that all its administrative practices
and the carrying out of its programs are efficient and
cost-effective, consistent with the goals of achieving and
maintaining federal and state ambient air quality standards and
achieving the purposes of this chapter.
(d) The south coast district board shall determine what is the
best available retrofit control technology for existing electric
plants, and shall adopt rules and regulations requiring the use of
the best available retrofit control technology in existing electric
plants, if the board finds and determines that to do so is necessary
to carry out the plan.
(e) In adopting any regulation, the south coast district board
shall comply with Section 40703.