Senate BillNo. 673


Introduced by Senator Lara

February 27, 2015


An act to amend Section 40001 of the Health and Safety Code, relating to nonvehicular air pollution.

LEGISLATIVE COUNSEL’S DIGEST

SB 673, as introduced, Lara. Air districts: rules and regulations.

Existing law requires air pollution control and air quality management districts to adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by emissions sources under their jurisdiction and requires those districts to enforce all applicable provisions of state and federal law.

This bill would make technical, nonsubstantive changes to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 40001 of the Health and Safety Code is
2amended to read:

3

40001.  

(a)  Subject to the powers and duties of the state board,
4the districts shall adopt and enforce rules and regulations to achieve
5and maintain the state and federal ambient air quality standards in
6all areas affected by emission sources under their jurisdiction, and
7shall enforce all applicable provisions of state and federal law.

8(b)  The district rules and regulations may, and at the request
9of the state board shall, provide for the prevention and abatement
10of air pollution episodesbegin delete whichend deletebegin insert thatend insert, at intervals, cause discomfort
P2    1or health risks to, or damage to the property of, a significant
2number of persons or class of persons.

3(c)  Prior to adoptingbegin delete anyend deletebegin insert aend insert rule or regulation to reduce criteria
4pollutants, a district shall determine that there is a problem that
5the proposed rule or regulation will alleviate and that the rule or
6regulation will promote the attainment or maintenance of state or
7federal ambient air quality standards.

8(d)  (1)  The district rules and regulations shall include a process
9to approve alternative methods of complying with emission control
10requirements that provide equivalent emission reductions,
11emissions monitoring, or recordkeeping.

12(2)  A district shall allow the implementation of alternative
13methods of emission reduction, emissions monitoring, or
14recordkeeping if a facility demonstrates to the satisfaction of the
15district that those alternative methods will provide equivalent
16performance.begin delete Anyend deletebegin insert Anend insert alternative method of emission reduction,
17emissions monitoring, or recordkeeping proposed by the facility
18shall not violate other provisions of law.

19(3)  If a district rule specifies an emission limit for a facility or
20system, the district shall not set operational or effectiveness
21requirements for any specific emission control equipment operating
22on a facility or system under that limit.begin delete Anyend deletebegin insert Anend insert alternative method
23of emission reduction, emissions monitoring, or recordkeeping
24proposed by the facility shall include the necessary operational
25and effectiveness measurement elements that can be included as
26permit conditions by the district to ensure compliance with, and
27enforcement of, the equivalent performance requirements of
28paragraphs (1) and (2). Nothing in this subdivision limits the
29district’s authority to inspect a facility’s equipment or records to
30ensure operational compliance. This paragraph shall apply to
31existing rules and facilities operating under those rules.



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