article, various factors, including, but not limited to, 

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 andregulations 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=41 OO1-42000&file=41 8 . . . 7/7/2011
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 5of

waste Within the jurisdicj 0of 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 CooperativeExtension, 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.

4200 0&fiJe=41 8. .. 7/7/2011
(C) Dodder weed.

(D) Star thistle.

(E) Tumbleweed.

(F) Noxious weeds.

(G) Pesticide sacks.

(H) Fertilizer sacks.

(5) “Prunings” means prunings from any of the following:(A) Apple crops.

(B) Apricot crops.(C) Avocado crops.

(D) Bushberry crops.(E) Cherry crops.

(F) Christmas trees.

(G) Citrus crops.

(H) Date crops.

(I) Eucalyptus crops.(J) Fig crops.

(K) Kiwi crops.

(L) Nectarine crops.

(N) Nursery prunings.

(N) Olive crops.

(0) Other prunings, as determined by the state board.

(P) Pasture or corral trees.

(Q) Peach crops.

(R) Pear crops.(5) Persimmon crops.

(T) Pistachio crops.(U) Plum crops.

(V) Pluot crops.

(W) Pomegranate crops.

(X) Prune crops.

(Y) Quince crops.(Z) Rose prunings.

(6) “Surface harvested prunings” includes, but is not limited to,

any of the following:

(A) Almond prunings.

(B) Walnut prunings.

(C) Pecan prunings.

(D) Grape vines.

(E) Vineyard removal materials.

(7) “Vineyard materials” includes, but is not limited to, any of

the following:

(A) Grape canes.

(B) Raisin trays.(8) “Weed abatement” includes, but is not limited to, any of the

following:

(A) Berms.

(B) Bermuda grass.

(C) Fence rows.

http://www.1eginfo.ca.gov/cgi-binJdisp1aycode?section=hsc&group=41oo142ooo&fi1e=418... 7/7/2011
rules or regulatj 05in the past 3 years, unless the violation Was of

a de minimis nature, as determined by the district and the county agricult 1cois5ioner

(C) The county agricul 1cois5ioner 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 1waste 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 5for the regulatj 0and control of agricul 1burning for each of the air

basins established by the state board.

4l857 The guideli 5Promulga by the state board shall be based

on meteorolog 1data, the nature and volume of materials to be

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

001 42O0O&fl1e41 8. . . 7/7/201 1