BILL NUMBER: SB 1224	CHAPTERED
	BILL TEXT

	CHAPTER  411
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2010
	PASSED THE SENATE  MAY 24, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  MAY 10, 2010
	AMENDED IN SENATE  APRIL 15, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2010

   An act to amend, repeal, and add Section 41700 of the Health and
Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1224, Wright. Air discharges.
   Existing law provides that, except as specified, a person is
prohibited from discharging air contaminants or other materials that
cause injury, detriment, nuisance, or annoyance to the public, or
that endanger the comfort, repose, health, or safety of the public,
or that cause injury or damage to business or property, as provided.
   This bill, until January 1, 2014, would authorize a local air
pollution control district or air quality management district to
adopt a rule or regulation, consistent with protecting the public's
comfort, repose, health, and safety, and not causing injury,
detriment, nuisance, or annoyance, that ensures district staff and
resources are not used to investigate complaints determined to be
repeated and unsubstantiated, alleging a nuisance odor violation of
that discharge prohibition. If a district adopts such a rule or
regulation, the bill would require the district to submit the rule or
regulation to the Senate Committee on Environmental Quality and the
Assembly Committee on Natural Resources within 30 days of adopting
the rule or regulation.



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

  SECTION 1.  Section 41700 of the Health and Safety Code is amended
to read:
   41700.  (a) Except as otherwise provided in Section 41705, a
person shall not discharge from any source whatsoever quantities of
air contaminants or other material that cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public, or that endanger the comfort, repose, health, or safety
of any of those persons or the public, or that cause, or have a
natural tendency to cause, injury or damage to business or property.
   (b) (1) A district may adopt a rule or regulation, consistent with
protecting the public's comfort, repose, health, and safety, and not
causing injury, detriment, nuisance, or annoyance, that ensures
district staff and resources are not used to investigate complaints
determined to be repeated and unsubstantiated, alleging a nuisance
odor violation of subdivision (a).
   (2) If a district adopts a rule or regulation pursuant to
paragraph (1), the district shall submit the rule or regulation to
the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources within 30 days of adopting the rule or
regulation.
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  Section 41700 is added to the Health and Safety Code, to
read:
   41700.  (a) Except as otherwise provided in Section 41705, a
person shall not discharge from any source whatsoever quantities of
air contaminants or other material that cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public, or that endanger the comfort, repose, health, or safety
of any of those persons or the public, or that cause, or have a
natural tendency to cause, injury or damage to business or property.
   (b) This section shall become operative on January 1, 2014.