Assembly Bill No. 2522

CHAPTER 677

An act to add Chapter 5.8 (commencing with Section 40610) to Part 3 of

Division 26 of the Health and Safety Code, relating to air quality.

[Approved by Governor September 30, 2008. Filed with

Secretary of State September 30, 2008.]

legislative counsel’s digest

AB 2522, Arambula. San Joaquin Valley Unified Air Pollution Control

District.

Existing law authorizes air pollution control districts and air quality

management districts, except as provided, to levy a fee of up to $2 on motor

vehicles, and authorizes the districts to increase this fee to up to $6 if certain

conditions are met.

This bill would authorize the San Joaquin Valley Unified Air Pollution

Control District to increase this fee to up to, but not exceeding, $30 for

incentive-based programs to achieve surplus emissions reductions, as

specified. The bill would require the state board to assess the use of these

fees in achieving and maintaining state and federal ambient air quality

standards.

The bill would authorize the San Joaquin Valley district to adopt rules

and regulations to reduce vehicle trips in order to reduce air pollution from

vehicular sources.

The people of the State of California do enact as follows:

SECTION 1. Chapter 5.8 (commencing with Section 40610) is added

to Part 3 of Division 26 of the Health and Safety Code, to read:

Chapter 5.8. San Joaquin Valley Clean Air Attainment Program

40610. The Legislature finds and declares as follows:

(a)  Residents of the San Joaquin Valley suffer some of the worst air

quality in the world. This poor air quality poses a significant threat to public

health, the environment, and the economy of the valley.

(b)  The extreme difficulty for the valley to meet state and federal ambient

air quality standards requires an urgent and unified program that combines

more strict clean air rules and regulations and ongoing funding to clean up

those sources that cannot be regulated effectively.

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(c)  The purpose of this chapter is to establish a program for the San

Joaquin Valley to achieve state and federal ambient air quality standards

by the earliest practicable date.

40612. (a)  In order to provide funding for air pollution control programs

needed to achieve and maintain state and federal air quality, the district may

do both of the following:

(1)  Notwithstanding the limits on the amount of the motor vehicle fee

specified in Sections 44223 and 44225, increase the fee established pursuant

to these sections to up to, but not exceeding, thirty dollars ($30) per motor

vehicle per year for the purposes of establishing and implementing

incentive-based programs to achieve surplus emissions reductions that the

district determines are needed to remediate air pollution harms created by

motor vehicles on which the fee is imposed and that are intended to achieve

and maintain state and federal ambient air quality standards required by the

federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). Except for the amount

of the fee, any increase shall be subject to Chapter 7 (commencing with

Section 44220) of Part 5, including, but not limited to, the adoption of a

resolution providing for both the fee increase and a corresponding program

for expenditure of the moneys raised by the increased fees for the reduction

of mobile source emissions.

(2)  Notwithstanding Section 40717.9, adopt rules and regulations to

reduce vehicle trips in order to reduce air pollution from vehicular sources.

(b)  Fees adopted pursuant to this section are in addition to any other fees

imposed by the district, and may be charged in any of fiscal years 2009–10

to 2023–24, inclusive. Fees may be assessed after the 2012–13 fiscal year

only if the United States Environmental Protection Agency approves the

district’s proposed reclassification of its nonattainment status for ozone

from severe to extreme. The fees adopted pursuant to this section are for

the district portion of the total amount needed to achieve and maintain state

and federal ambient air quality standards. At least ten million dollars

($10,000,000) shall be used to mitigate the impacts of air pollution on public

health and the environment in disproportionately impacted environmental

justice communities in the San Joaquin Valley. The district board shall

convene an environmental justice advisory committee, selected from a list

given to the board by environmental justice groups from the San Joaquin

Valley, to recommend the neighborhoods in the district that constitute

environmental justice communities, and how to expend funds within these

communities.

(c)  (1)  The fees adopted pursuant to this section shall become effective

after the state board makes both of the following findings:

(A)  The district has undertaken all feasible measures to reduce

nonattainment air pollutants from sources within the district’s jurisdiction

and regulatory control.

(B)  The district has notified the state board that fees have been adopted

pursuant to this section and provided the state board with an estimate of the

total funds that will be provided annually by each of those fees.

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Ch. 677 — 2 —
(2)  The state board shall file a written copy of its findings made pursuant

to this subdivision with the Secretary of State within two days of its

determination.

(3)  The fees adopted pursuant to this section shall be collected nine

months after the requirements of paragraph (2) are met.

40613. The state board shall assess the district’s progress in using any

fees assessed pursuant to Section 40612 to achieve and maintain state and

federal ambient air quality standards every two years that the fee is assessed,

and shall submit these assessments to the Legislature within two weeks of

their completion.

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