BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 382
                                                                  Page 1

          Date of Hearing:  July 6, 2009

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Nancy Skinner, Chair
                      SB 382 (Florez) - As Amended:  May 5, 2009

           SENATE VOTE :  23-14
           
          SUBJECT  :  Agricultural burning:  consistency with no burn days

           SUMMARY  :  Provides that a permit to burn agricultural waste  
          within the San Joaquin Valley Unified Air Pollution Control  
          District (SJVUAPCD) is not valid for any day the district  
          prohibits operation of a wood burning fireplace or heater.

           EXISTING LAW  :

          1)Designates the state Air Resources Board (ARB) as the air  
            pollution control agency responsible for the coordination of  
            the activities of air pollution control districts and air  
            quality management districts for the purposes of the federal  
            Clean Air Act. 

          2)Subject to the powers of the ARB, requires air 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 non-vehicular emission sources under  
            their jurisdiction. 

          3)Prohibits agricultural burning, unless a valid permit has been  
            issued by the air district.

           FISCAL EFFECT  :  Non-fiscal

           COMMENTS  :

          Current law provides for the regulation of agricultural burning  
          and wood burning devices, with additional state restrictions on  
          agricultural waste burning within the jurisdiction of the  
          SJVUAPCD.  The SJUAPCD periodically prohibits the use of wood  
          burning fireplaces to control particulate matter emissions.   
          According to the author, "SB 382 ensures that if there are no  
          burn days for residential fireplaces, then there are no burn  
          days for agricultural waste."









                                                                  SB 382
                                                                  Page 2

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
            San Joaquin Valley Unified Air Pollution Control District

           Opposition 
           
          None on file


           Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092