BILL NUMBER: SB 1224	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1224, as amended, 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 would  require a complaint for the purpose of
classifying an odor as a public nuisance to be filed with respect to
the primary residence, business, or place of work of the person
making the complaint. The bill would require a confirmed odor
complaint received from multiple persons residing or working at the
same residence, business, or place of work to be treated as one
complaint by the entity with which the complaints are filed 
 authorize a local air pollution control district or air quality
management district to adopt a rule or regulation, consistent with
protecting public health and safety, that ensures district staff and
resources are not used to investigate repeated and unsubstantiated
complaints, or complaints made in bad faith, alleging a violation of
that discharge prohibition  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares that
repeated and unsubstantiated, or bad faith, claims of nuisance are
not in the public interest, force air pollution control and air
quality management districts to waste limited resources on
unnecessary investigations, only serve to contribute to the reduction
of jobs, and create an unfavorable environment to encourage the
development and growth of businesses in California. 
   SECTION 1.   SEC. 2.   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) A complaint filed pursuant to this section for the purpose of
classifying an odor as a public nuisance shall be filed with respect
to the primary residence, business, or place of work of the person
making the complaint. A confirmed odor complaint from multiple
persons residing or working at the same residence, business, or place
of work shall be treated as one complaint by the entity with which
the complaints are filed.  
   (b) A district may adopt a rule or regulation, consistent with
protecting public health and safety, that ensures district staff and
resources are not used to investigate repeated and unsubstantiated
complaints, or complaints made in bad faith, alleging a violation of
subdivision (a).