BILL NUMBER: SB 763 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Fuller
FEBRUARY 22, 2013
An act to amend Section 41700 of the Health and Safety Code,
relating to air resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 763, as introduced, Fuller. Air resources: discharges.
Existing law, until January 1, 2014, authorizes 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 district is required 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.
Existing law, operative on January 1, 2014, provides that, except
as specified, a person is prohibited from discharging a quantity of
air contaminants or other material that causes injury, detriment,
nuisance, or annoyance to the public, or that endangers the comfort,
repose, health, or safety of the public, or that causes injury or
damage to business or property, as provided.
This bill would make technical, nonsubstantive changes to the
above-referenced provisions that become operative on January 1, 2014.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41700 of the Health and Safety Code, as added
by Section 2 of Chapter 411 of the Statutes of 2010, is amended to
read:
41700. (a) Except as otherwise provided in Section 41705, a
person shall not discharge from any source whatsoever
quantities a quantity of air contaminants or
other material that cause causes
injury, detriment, nuisance, or annoyance to any considerable number
of persons or to the public, or that endanger
endangers the comfort, repose, health, or safety of any of
those persons or the public, or that cause
causes , or have has a natural
tendency to cause, injury or damage to business or property.
(b) This section shall become operative on January 1, 2014.