BILL NUMBER: AB 2329	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Ruskin and Chesbro

                        FEBRUARY 19, 2010

   An act to amend Section 40824 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2329, as introduced, Ruskin. Air pollution: hearing boards:
notice requirements.
   (1) Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. The State Air Resources Board is designated
with the primary responsibility for the control of vehicular air
pollution, and air pollution control districts and air quality
management districts with the primary responsibility for the control
of air pollution from all sources other than vehicular sources.
Existing law establishes one or more hearing boards in each district
for the purposes of performing specified functions, including issuing
interim variances from specified provisions of law relating to
excess emissions by stationary sources and the products of stationary
sources. The hearing board is required to serve reasonable notice of
the time and place of the hearing to consider an interim variance
application upon the district air pollution control officer and the
applicant.
   This bill would require a hearing board to send a notice of the
hearing, not less than 3 days before the hearing, to any person who
requests the notice.
   By increasing the duties of a hearing board, this bill would
impose a state-mandated local program.
   (2) 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, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 40824 of the Health and Safety Code is amended
to read:
   40824.  In case of a hearing to consider an application for an
interim variance, as authorized under Section 42351:
   (a) The hearing board shall serve reasonable notice of the time
and place of the hearing upon the district air pollution control
officer and upon the applicant  , and shall send notice of the
hearing, not less than three days prior to the hearing   ,
  to any person who requests the notice  .
   (b) Subdivision (b) of Section 40823 shall not apply.
   (c) In districts with a population of less than 750,000, the
chairperson of the hearing board, or any other member of the hearing
board designated by the board, may hear an application for an interim
variance. If any member of the public contests 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.
  SEC. 2.  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.