BILL NUMBER: AB 1721	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 16, 2012

   An act to add Section 39602.8 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1721, as introduced, Donnelly. Air pollution: violations.
   (1) Existing law establishes the State Air Resources Board as the
state agency with primary jurisdiction over the regulation of air
pollution. Existing law grants to air pollution control and air
quality management districts the primary authority for the control of
air pollution from all sources other than vehicular sources.
Existing law subjects violators of air pollution laws to specified
civil and criminal penalties.
   This bill would require the state board and all air pollution
control and air quality management districts to issue a warning for
the first violation of any state air pollution control law. By adding
to the duties of air pollution control and air quality management
districts, this bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 39602.8 is added to the Health and Safety Code,
to read:
   39602.8.  Notwithstanding any other law, the state board and all
districts shall only issue a warning for the first violation of any
state air pollution control law.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.