BILL NUMBER: SB 170	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 16, 2011

INTRODUCED BY   Senator Pavley

                        FEBRUARY 3, 2011

   An act to add Sections 40004 and 40005 to the Health and Safety
Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 170, as amended, Pavley. Air pollution control district:
adverse effects of air pollution: intellectual property.
   Existing law authorizes local and regional districts  with
jurisdiction over the   to have the primary
responsibility for  control of air pollution from all sources,
other than emissions from motor vehicles.
   This bill would authorize the districts to sponsor, coordinate,
and promote projects that will lead to the prevention, mitigation, or
cure of the adverse effects of air pollution, including the adverse
health effects of air pollution. The bill would authorize a district
to negotiate what share, if any, of the intellectual property, or
benefits resulting from intellectual property, developed from the use
of district funds, including funds discharged as grants, will accrue
to that district. The bill would require revenues generated 
from revenue sharing agreements  to be deposited into a special
account and used for specified purposes.  Under certain
circumstances, the bill would prohibit a district from receiving a
benefit pursuant to these provisions in excess of the amount of the
district's investment.  If the state or a subdivision of the
state purchases or licenses a good, service, or process for which a
district accrues  a  benefit resulting from the intellectual
property interest, the bill would require the district, upon the
request of the Department of General Services, to provide
reimbursement to the General Fund for the amount of the benefit
accrued.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 40004 is added to the Health and Safety Code,
to read:
   40004.  A district may sponsor, coordinate, and promote projects
that will lead to the prevention, mitigation, or cure of the adverse
effects of air pollution, including the adverse health effects of air
pollution.
  SEC. 2.  Section 40005 is added to the Health and Safety Code, to
read:
   40005.  (a) A district may negotiate what share, if any, of the
intellectual property, or benefits resulting from intellectual
property, developed from the use of district funds, including funds
discharged as grants, will accrue to that district.
   (b) A district may negotiate revenue sharing agreements with
recipients of district funds, including the collection of royalties.
Proceeds obtained by the district from these revenue sharing
agreements shall accrue to the district and be deposited into a
special account that may only be used, subject to the district's
ability to recover its expenses and its administrative costs, for
either of the following purposes:
   (1) To fund projects pursuant to Section 40004 that will lead to
the prevention, mitigation, or cure of the adverse effects of air
pollution, including the adverse health effects of air pollution.
   (2) To develop low-polluting fuels or technologies. 
   (c) A district shall not receive a benefit pursuant to this
section in excess of the amount of the district's investment in the
development of a process, machine, or article of manufacture, if the
district adopts a rule or regulation that mandates the use of that
process, machine, or article of manufacture and that regulation or
rule was adopted after the development of the process, machine, or
article of manufacture.  
   (c) 
    (d)  If the state or a subdivision of the state
purchases or licenses a good, service, or process for which a
district accrues a benefit resulting from an intellectual property
interest negotiated pursuant to subdivision (a) or (b), upon the
request of the Department of General Services, the district shall
prepare reimbursement to the General Fund for the amount of the
benefit accrued.