BILL NUMBER: AB 2045	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 23, 2012

   An act to add Section 40609 to the Health and Safety Code,
relating to nonvehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2045, as introduced, Perea. San Joaquin Valley Unified Air
Pollution Control District: expedited permits.
   (1) Existing law establishes the San Joaquin Valley Unified Air
Pollution Control District formed by the Counties of Fresno, Kern,
Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare, and
consisting of the Counties of Fresno, Kings, Madera, Merced, San
Joaquin, Stanislaus, and Tulare, and that portion of the County of
Kern that is within the San Joaquin Valley Air Basin, as a single
integrated agency with all staff under one centralized management
structure that is able to implement programs on a basinwide basis.
Existing law designates air pollution control and air quality
management districts as having primary responsibility for control of
air pollution from all sources other than vehicular sources.
   This bill would require the district to process and make a
determination regarding any expedited permit, or any fees related to
overtime or other expenses paid to expedite a permit, within 60
calendar days upon initial receipt by the district. The bill also
would require the district, if it does make a determination on an
expedited permit within 60 calendar days, to issue a full refund of
any fees paid for the expedited permit within 75 calendar days upon
initial receipt by the district. By adding to the duties of the San
Joaquin Valley Unified Air Pollution Control District, this bill
would impose a state-mandated local program.
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the unique needs of
industries in the San Joaquin Valley.
   (3) 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 40609 is added to the Health and Safety Code,
to read:
   40609.  (a) The district shall process and make a determination
regarding any expedited permit, or any fees related to overtime or
other expenses paid to expedite a permit, within 60 calendar days
upon initial receipt by the district.
   (b) If the district does not comply with subdivision (a), the
district shall issue a full refund of any fees paid for the expedited
permit within 75 calendar days upon initial receipt by the district.

  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique needs of industries in the San Joaquin Valley.
  SEC. 3.  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.