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1 ot II) CA Codes (hsc:41850-41866) HEALTH AND SAFETY CODE SECTION 41850-41866 41850.
It is the intent of the Legislature,

by the enactment

of this article, that agricultural burning
be reasonably regulated and not be prohibited.
The state board and the districts shall take into consideration,

in adopting rules and regulations
for purposes
of this article, various factors, including, but not limited to, the population

in an area, the geographical characteristics,

the meteorological conditions,
the economic and technical impact of such rules and regulations,
and the importance

of a viable agricultural economy
in the state. 41851. Section 41800 shall not apply to burning regulated pursuant to this article. 41852.
No person knowingly shall set or permit agricultural burning unless he has

a valid permit from the agency designated

by the state board to issue such permits
in the area where the agricultural burning

is to take place.. 41852.5. The state board may, after holding

a public hearing, authorize

an exemption from the permit requirement

of Section 41852 for

a district,

or a portion
of a district, where agricultural burning does not significantly affect air quality. 41853. The state board shall designate public fire protection agencies
or other equivalent agencies
to issue permits under subdivision

(a) of Section 41852, and shall adopt rules and regulations

to provide

a procedure for the issuance
of the permits. Each agency
so designated

by the state board shall issue permits subject
to the rules and regulations

of the state board. 41853.5.

(a) No permit shall be issued pursuant

to Section 41853 to a person for the burning
of solid waste which is produced from the ginning
of cotton, unless the person pays to the issuing agency

a fee of fifteen cents ($0.15) for each bale of cotton ginned that will produce the solid waste that is to be burned. (b) Except
as provided

in subdivision
(c), the issuing agency shall deposit monthly the collected fees in the Air Pollution Control Fund. (c) To pay for administrative costs of issuing the permits, the issuing agency may retain from the fees collected pursuant
to this section
an amount equal to either the estimated cost of issuing the permits,

or

4 percent
of thetotal fees collected, whichever

is less. The state board may make an annual audit of the issuing agency to determine the amount of fees retained
by an issuing agency. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=4

1 OO1-42000&file=41

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rtge oi iu 41854,
(a) No permit issued pursuant

to Sectjo 41853 shall be Valid for any day during Which agricult burning
is prohibited

by the state board pursuant

to Section 41855 or by
a district board pursuant

to Section 41508. (b) Each permit shall bear

a statement
of Warning containing the following words or Words of like or similar import: “This permit
is valid only on those days during which agricult burning
is not prohibited

by the State Air Resources Board pursuant to Section 41855 of the Health and Safety Code.” 41855 The state board shall determine and designa from meteorological data the days When agricu1tU burning shall be prohibited within each air basin. 41855.5,

(a) Notwithstanding

any other provision

of law, no permit may be issued to a person
to burn any of the following categor 5

of waste Within the jurisdicj 0

of the San Joaquin Valley Unified Air POllution Control District coencing

on the following dates: (1) Coencing June
1, 2005, for field crops, Prunings, and weed abatement. (2) Coencing June
1, 2007, for orchard removals. (3) Commencing June
1, 2010, for other materials, Vineyard removals, and surface harvested Prunings. (b) The San Joaquin Valley Unified Air Pollution Control District, in consultation with the University

of California Cooperative Extension, shall develop and adopt, not later than June
1, 2005, rules establishing best manageme practices for the control of other weeds and maintenance
The rules adopted pursuant

to this subdivision shall be operative not later than June
1, 2006. (c) For the purposes
of this section the following terms have the following meanings: (1) “Field crops” means any of the following crops: (A) Alfalfa. (B) Asparagus. (C) Barley stubble. (D) Beans. (E) Corn. (F) Cotton. (G) Flower straw. (H) Hay. (I) Lemon grass. (J) Oat stubble (K) Other field crops,
as determined

by the state board. (L) Pea vines. (N) Peanuts. (N) Rice stubble. (0) Safflower. (P) Sugar cane. (Q) Vegetab crops. (R) Wheat stubble. (2) “Orchard removals” includes, but is not limited to, any of the following: (A) Orchard removal matter. 

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3 of 10(B)Stumps.(C)Untreatedsticks.(3)“Othermaterials”includes,butisnotlimitedto,anyofthefollowing:(A)Brooderpaper.(B)Deceasedgoats.(C)Diseasedbeehives.(4)“Otherweedsandmaintenance”includes,butisnotlimitedto,anyofthefollowing:(A)Ditchbankwork.(B)Canalbankwork.(C)Dodderweed.(D)Starthistle.(E)Tumbleweed.(F)Noxiousweeds.(G)Pesticidesacks.(H)Fertilizersacks.(5)“Prunings”meanspruningsfromanyofthefollowing:(A)Applecrops.(B)Apricotcrops.(C)Avocadocrops.(D)Bushberrycrops.(E)Cherrycrops.(F)Christmastrees.(G)Citruscrops.(H)Datecrops.(I)Eucalyptuscrops.(J)Figcrops.(K)Kiwicrops.(L)Nectarinecrops.(N)Nurseryprunings.(N)Olivecrops.(0)Otherprunings,asdeterminedbythestateboard.(P)Pastureorcorraltrees.(Q)Peachcrops.(R)Pearcrops.(5)Persimmoncrops.(T)Pistachiocrops.(U)Plumcrops.(V)Pluotcrops.(W)Pomegranatecrops.(X)Prunecrops.(Y)Quincecrops.(Z)Roseprunings.(6)“Surfaceharvestedprunings”includes,butisnotlimitedto,anyofthefollowing:(A)Almondprunings.(B)Walnutprunings.(C)Pecanprunings.(D)Grapevines.(E)Vineyardremovalmaterials.(7)“Vineyardmaterials”includes,butisnotlimitedto,anyofthefollowing:(A)Grapecanes.(B)Raisintrays.(8)“Weedabatement”includes,butisnotlimitedto,anyofthefollowing:(A)Berms.(B)Bermudagrass.(C)Fencerows. http://www.1eginfo.ca.gov/cgi-binJdisp1aycode?section=hsc&group=41oo142ooo&fi1e=418...

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4 of 10 (D) Grass. (E) Pasture. (F) POnding
or levee banks. Cd) (1) The San Joaquin Valley Unified Air Pollution Control District shall develop and adopt, by January

1, 2005, rules to regula the burning of diseased crops. The rules shall become Operative

no later than June
1, 2OQ5 The rules shall provide for the issuance
of a conditional crop burning permit if all of the following criteria are met: (A) The fields to be burned are sPecifically described. (B) The applicant has not been cited for

a violation
of burning rules or regulatj 05

in the past

3 years, unless the violation Was of a de minimis nature,
as determined

by the district and the county agricult 1 cois5ioner (C) The county agricul 1 cois5ioner
has determined all of the following: (i) During the growing season for that crop, there is the presence of a disease that will cause

a substantial, guantifi reduction in yield or Poses

a threat to the health of adjac vines, trees, or Plants in the field proposed

to be burned, during the current
or next growing season. (ii) There is no economically feasible alternative means of eliminating
the disease Other than burning. (2) A conditional crop burning permit shall authorize the burning of only the identified diseased crop. (3) The holder of a permit may not transfer sell, or trade the permit to any Other individual. (4) A citation for
a Violation
of burning rules or regulaj 05 may be appealed
to the San Joaqujn Air Pollution Control District Hearing Board. 41855.6. The district may POstpone 

## the commencement dates set forth in subdivision

(a) of Section 41855.5 for any category
of agricult 1 waste or crop described
if all of the following applies: (a) The district determines that there is no economically feasible alternative means of eliminating
the waste. (b) The district determines that there is no long_te federal
or state funding coitment for the continued operation
of biomass facilities

in the San Joaqui Valley or development

of alternatives to burning. (c) The district determines that the continued issuance
of permits for that specific category
or crop will not cause, or substantially contribute
to,

a violation
of an applicable federal ambient air quality standard. (d) The state board concurs with the distrjctts determinations pursuant

to this section. 41856. The state board shall Promulga guidelj 5 for the regulatj 0 and control of agricul 1 burning for each of the air basins established

by the state board. 4l857 The guideli 5 Promulga

by the state board shall be based on meteorolog 1 data, the nature and volume of materials

to be burned, and the probable effect of such burning
on the ambient air 

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