HEALTH AND SAFETY CODE 

SECTION 40725-40731 

40725. (a) A district board shall not adopt, amend, or repeal any

rule or regulation without first holding a public hearing thereon.

 (b) Notice of the time and place of a public hearing to adopt,

amend, or repeal any rule or regulation shall be given not less than

30 days prior thereto to the state board, which notice shall include

a copy of the rule or regulation proposed to be adopted, amended, or

repealed, as the case may be, and a summary description of the effect

of the proposal, and by publication in the district pursuant to

Section 6061 of the Government Code. In addition, in the case of a

district which includes portions of more than one county, the notice

shall be published in each county not less than 30 days prior to the

date of the hearings.

 (c) Notice published pursuant to subdivision (b) shall invite

written public comment and indicate the name, address, and telephone

number of the district officer to whom these comments are to be

addressed, and the date by which comments are to be received.

40726. The public hearing held pursuant to Section 40725 shall

provide for the submission of statements, arguments, or contentions,

either oral, written, or both. A district board may continue or

postpone the hearing from time to time, to a time and place as it

shall determine. Following consideration of all relevant matter

presented, a district board may adopt, amend, or repeal a rule or

regulation, unless the board makes changes in the text originally

made available to the public that are so substantial as to

significantly affect the meaning of the proposed rule or regulation.

The board shall not take action on a changed text before its next

regular meeting, and shall allow further statements, arguments, and

contentions, either written, oral, or both, to be made and considered

prior to taking final action.

40727. (a) Before adopting, amending, or repealing a rule or

regulation, the district board shall make findings of necessity,

authority, clarity, consistency, nonduplication, and reference, as

defined in this section, based upon information developed pursuant to

Section 40727.2, information in the rulemaking record maintained

pursuant to Section 40728, and relevant information presented at the

hearing.

 (b) As used in this section, the following terms have the

following meaning:

 (1) "Necessity" means that a need exists for the regulation, or

for its amendment or repeal, as demonstrated by the record of the

rulemaking authority.

 (2) "Authority" means that a provision of law or of a state or

federal regulation permits or requires the regional agency to adopt,
amend, or repeal the regulation.

 (3) "Clarity" means that the regulation is written or displayed so

that its meaning can be easily understood by the persons directly

affected by it.

 (4) "Consistency" means that the regulation is in harmony with,

and not in conflict with or contradictory to, existing statutes,

court decisions, or state or federal regulations.

 (5) "Nonduplication" means that a regulation does not impose the

same requirements as an existing state or federal regulation unless a

district finds that the requirements are necessary or proper to

execute the powers and duties granted to, and imposed upon, a

district.

 (6) "Reference" means the statute, court decision, or other

provision of law that the district implements, interprets, or makes

specific by adopting, amending, or repealing a regulation.

40727.2. (a) In complying with Section 40727, the district shall

prepare a written analysis as required by this section. In the

analysis, the district shall identify all existing federal air

pollution control requirements, including, but not limited to,

emission control standards constituting best available control

technology for new or modified equipment, that apply to the same

equipment or source type as the rule or regulation proposed for

adoption or modification by the district. The analysis shall also

identify any of that district's existing or proposed rules and

regulations that apply to the same equipment or source type, and all

air pollution control requirements and guidelines that apply to the

same equipment or source type and of which the district has been

informed pursuant to subdivision (b). The analysis shall be in a

format that minimizes paperwork and, at the option of the district,

may be in matrix form.

 (b) Within 60 days from the date of a district's publication,

pursuant to Section 40923, of the list of regulatory measures

proposed for adoption in the following year, any person may inform

the district of any existing federal or state air pollution control

requirement or guideline or proposed or existing district air

pollution control requirement or guideline that applies to the same

type of source or equipment in that district as any proposed new or

amended district rule or regulation on that district's list of

regulatory measures. If any person informs the district of any

requirement or guideline that does not apply to the same type of

source or equipment, the district shall notify the person to that

effect and shall not be required to review that requirement or

guideline.

 (c) The analysis prepared pursuant to subdivision (a) shall

compare the elements of each of the identified air pollution control

requirements to the corresponding element or elements of the district'

s proposed new or amended rule or regulation.

 (d) Air pollution control requirement elements to be reviewed

pursuant to subdivision (c) are all of the following:

 (1) Averaging provisions, units, and any other pertinent

provisions associated with emission limits.

 (2) Operating parameters and work practice requirements.

 (3) Monitoring, reporting, and recordkeeping requirements,
including test methods, format, content, and frequency.

 (4) Any other element that the district determines warrants

review.

 (e) If one or more elements of a district's proposed new or

amended rule or regulation differs from corresponding elements of any

existing air pollution control requirement or guideline applicable

to the same equipment or source type, the analysis prepared pursuant

to subdivision (a) shall note the difference or differences.

 (f) The public hearing notice given to the state board pursuant to

subdivision (b) of Section 40725, and any notice mailed to

interested persons, shall include a statement indicating that the

analysis required by this section has been prepared, and shall

provide the name, address, and telephone number of a district officer

from whom copies may be requested. The analysis required by this

section shall be provided to the public upon request.

 (g) If a district's proposed new or amended rule or regulation

does not impose a new emission limit or standard, make an existing

emission limit or standard more stringent, or impose new or more

stringent monitoring, reporting, or recordkeeping requirements, or if

the proposed new or amended rule or regulation is a verbatim

adoption or incorporation by reference of a federal New Source

Performance Standard adopted pursuant to Section 111 of the federal

Clean Air Act (42 U.S.C. Sec. 7411) or an airborne toxic control

measure established by the state board pursuant to Section 39658, a

district may elect to comply with subdivision (a) by finding that the

proposed new or amended rule or regulation falls within one or more

of the categories specified in this subdivision.

 (h) Nothing in this section limits the existing authority of

districts to determine the form, content, and stringency of their

rules and regulations. In implementing this section, it is the intent

of the Legislature that the districts retain their existing

authority and flexibility to tailor their air pollution emission

control requirements to local circumstances.

 (i) For purposes of this section, a district rule or regulation

shall be considered "proposed" if the rule or regulation has been

made available to the general public in connection with a request for

comments.

 (j) To the extent that the district board determines that there

are additional costs imposed by this section, the district board

shall recover those additional costs through the imposition of fees

on regulated entities.

40728. Every district shall maintain a file of each regulation

which shall be deemed to be the record for that rulemaking

proceeding. The file shall include all of the following:

 (a) Copies of any petitions received by the district from

interested persons proposing the adoption, amendment, or repeal of

the regulation.

 (b) Copies of published notices of proposed adoption, amendment,

or repeal of the regulation.

 (c) All data and other factual information, any studies or

reports, and written comments submitted to the district in connection

with the adoption, amendment, or repeal of the regulation.

 (d) A transcript, recording, or minutes of any public hearing

connected with the adoption, amendment, or repeal of the regulation.
 (e) The text of regulations as originally proposed, and the

modified text of regulations, if any, that were made available to the

public prior to the adoption.

40728.5. (a) Whenever a district intends to propose the adoption,

amendment, or repeal of a rule or regulation that will significantly

affect air quality or emissions limitations, that agency shall, to

the extent data are available, perform an assessment of the

socioeconomic impacts of the adoption, amendment, or repeal of the

rule or regulation. The district board shall actively consider the

socioeconomic impact of regulations and make a good faith effort to

minimize adverse socioeconomic impacts, as defined below. This

section does not apply to the adoption, amendment, or repeal of any

rule or regulation that results in any less restrictive emissions

limit if the action does not interfere with the district's adopted

plan to attain ambient air quality standards, or does not result in

any significant increase in emissions.

 (b) For purposes of this section, "socioeconomic impact" means the

following:

 (1) The type of industries or business, including small business,

affected by the rule or regulation.

 (2) The impact of the rule or regulation on employment and the

economy of the region affected by the adoption of the rule or

regulation.

 (3) The range of probable costs, including costs to industry or

business, including small business, of the rule or regulation.

 (4) The availability and cost-effectiveness of alternatives to the

rule or regulation being proposed or amended.

 (5) The emission reduction potential of the rule or regulation.

 (6) The necessity of adopting, amending, or repealing the rule or

regulation to attain state and federal ambient air standards pursuant

to Chapter 10 (commencing with Section 40910).

 (c) To the extent that information on the socioeconomic impact of

a regulation is required to be developed by a district pursuant to

other provisions of this division, that information may be used or

referenced in the assessment in order to comply with the requirements

of this section.

 (d) This section does not apply to any district with a population

of less than 500,000 persons.

 (e) Upon the approval by a majority vote of the district board, a

county district is not required to include the analysis specified in

paragraphs (2) and (4) of subdivision (b) in any assessment of

socioeconomic impacts for any rule or regulation that only adopts a

requirement that is substantially similar to, or is required by, a

state or federal statute, regulation, or applicable formal guidance

document. Examples of state or federal formal guidance documents

include, but are not limited to, federal Control Techniques

Guidelines, state and federal reasonably available control technology

determinations, state best available retrofit control technology

determinations, and state air toxic control measures.

40730. (a) A district may establish programs to assist the public,

government agencies, and businesses in complying with district
regulations.

 (b) For the purposes of a program established pursuant to

subdivision (a), a district may provide to any person any factual

nonconfidential information regarding any product or service that is

in compliance with district regulations, and regarding the air

emissions associated with a particular use of that product or

service. The provision of that information, upon request or

otherwise, shall not include any recommendation to any person with

respect to any product or service.

40731. In order to assist in the development of the BACM, RACM, and

BARCT measures specified in Sections 40724, 40724.5, and 40724.6,

and to reduce or eliminate emissions of regulated air pollutants and

their precursors, the California Air Pollution Control Officers

Association, in consultation with the state board and other

interested parties, shall, not later than January 1, 2005, develop a

clearinghouse of available control measures and strategies for

agricultural sources of air pollution and emissions from agricultural

operations, including, but not limited to, the following sources:

 (a) Operations that create fugitive dust emissions, including, but

not limited to, discing, tilling, material handling and storage, and

travel on unpaved roads.

 (b) Confined animal facilities, including, but not limited to, any

structure, building, installation, barn, corral, coop, feed storage

area, or milking parlor, including, but not limited to, a system for

the collection, storage, treatment, and distribution of liquid or

solid manure from domestic animals, including, but not limited to,

cattle, calves, horses, sheep, goats, swine, rabbits, chickens,

turkeys, or ducks, if those animals are corralled, penned, or

otherwise caused to remain in restricted areas for commercial

agricultural purposes, and feeding is by means other than grazing.

 (c) Internal combustion engines used in the production of crops or

the raising of animals or fowl, except an engine that is used to

propel an implement of husbandry, as that term is defined in Section

36000 of the Vehicle Code, as that section existed on January 1,

2003.

 (d) Other equipment, operations, or activities associated with the

growing of crops or the raising of fowl or animals, that emit, or

cause to be emitted, any regulated air pollutant, or any precursor to

any regulated air pollutant.