BILL NUMBER: SB 1662	CHAPTERED
	BILL TEXT

	CHAPTER  725
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 19, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN ASSEMBLY  JULY 3, 2008
	AMENDED IN SENATE  MAY 8, 2008
	AMENDED IN SENATE  APRIL 22, 2008

INTRODUCED BY   Senator Cox

                        FEBRUARY 22, 2008

   An act relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1662, Cox. Air districts: emission reduction offsets:
Sacramento metro federal nonattainment area.
   Under existing law, increases in emissions of air pollutants at a
stationary source located in an air pollution control district or air
quality management district may be offset by emission reductions
credited to a stationary source located in another district if both
stationary sources are located in the same air basin.
   This bill would allow one stationary source located in the El
Dorado County Air Quality Management District, to be determined by
the El Dorado County Air Quality Management District, to offset
increases in emissions by emission reductions credited to any
stationary source located in the Sacramento Metropolitan Air Quality
Management District if both stationary sources are in the Sacramento
metro federal nonattainment area.
   This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
   The bill would impose a state-mandated local program by imposing
new duties on the districts relative to determining the applicability
of the offsets.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  (a) Increases in emissions of air pollutants at one
stationary source located in the El Dorado County Air Quality
Management District, to be determined by the El Dorado County Air
Quality Management District pursuant to subdivision (d), may be
offset by emission reductions credited to any stationary source
located in the Sacramento Metropolitan Air Quality Management
District, if both the stationary source in the El Dorado County Air
Quality Management District and the stationary source or sources in
the Sacramento Metropolitan Air Quality Management District are in
the Sacramento metro federal nonattainment area.
   (b) The requirements of Section 40709.6 of the Health and Safety
Code, except subdivision (a) of that section, shall apply to any
offsetting of emissions pursuant to this section.
   (c) Before authorizing any offsetting of emissions pursuant to
this section, the El Dorado County Air Quality Management District
shall prepare and certify an environmental impact report pursuant to
Division 13 (commencing with Section 21000) of the Public Resources
Code, including an analysis of, and mitigation for, the environmental
impacts.
   (d) The El Dorado County Air Quality Management District shall
select one and only one stationary source located in the district
that shall be able to offset emissions pursuant to this section. That
stationary source shall only be allowed to offset emissions pursuant
to this section until January 1, 2010. However, any credits acquired
pursuant to this section before that date may be applied to offset
emissions from that stationary source in future years, at the
discretion of the El Dorado County Air Quality Management District.
  SEC. 2.  Due to unique circumstances concerning the Sacramento
metro federal nonatttainment area, the Legislature finds and declares
that a general statute cannot be made applicable within the meaning
of Section 16 of Article IV of the California Constitution.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.