BILL NUMBER: SB 1224	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2010
	AMENDED IN SENATE  APRIL 15, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2010

   An act to amend  , repeal, and add  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  , until January 1, 2014,  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   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  repeated and
unsubstantiated  complaints  , or complaints made in
bad faith   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 bill would require the district to submit the r
  ule 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. 
   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.    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. 
   SEC. 2.   SECTION 1.   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 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).  
   (b) (1) A district may 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 subdivision (a).  
   (2) If a district adopts a rule or regulation pursuant to
paragraph (1), the district shall 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.  
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 
   SEC. 2.    Section 41700 is added to the  
Health and Safety Code   , 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) This section shall become operative on January 1, 2014.