Assembly Bill No. 2522

CHAPTER 677

An act to add Chapter 5.8 (commencing with Section 40610) to P art 3 of Di vision 26 of the Health and Safety Code, relating to air quality

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[Appro v ed by Go v ernor September 30, 2008. Filed with Secretary of State September 30, 2008.]

**le g**  **isl a**  **t i**  **v e c**  **ounse l**  **’ s dig**  **es t**  AB 2522, Aramb ula

. San Joaquin V alle y Uni fi ed Air Pollution Control District. Existing law authorizes air pollution control districts and air quality management districts, e xcept as pro vided, to le vy a fee of up to $2 on motor
v ehicles, and authorizes the districts to increase this fee to up to $6 if certain conditions are met. This bill w ould authorize the San Joaquin V alle y Uni fi ed Air Pollution Control District to increase this fee to up to, b ut not e xceeding, $30 for incenti v e-based programs to achie v e surplus emissions reductions, as speci fi ed. The bill w ould require the state board to assess the use of these fees in achie ving and maintaining state and federal ambient air quality standards. The bill w ould authorize the San Joaquin V alle y district to adopt rules and re gulations to reduce v ehicle trips in order to reduce air pollution from
v ehicular sources.
The people of the State of California do enact as follows:

SECTION 1. Chapter 5.8 (commencing with Section 40610) is added to P art 3 of Di vision 26 of the Health and Safety Code , to read:

**Chap t**  **e r**  5.8. **S an Jo**  **a q**  **uin V**  **al le**  **y Clean Air**  **A**

**t t**  **ainme nt Pr**  **o g**  **r am** 

40610. The Le gislature fi nds and declares as follo ws: (a) Residents of the San Joaquin V alle y suf fer some of the w orst air quality in the w orld. This poor air quality poses a signi fi cant threat to public health, the en

vironment, and the economy of the v alle y

. (b) The e xtreme dif

fi culty for the v alley to meet state and federal ambient air quality standards requires an urgent and uni fi ed program that combines more strict clean air rules and re gulations and ongoing funding to clean up those sources that cannot be re gulated ef fecti v ely

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

Joaquin V

alle y to achie v e state and federal ambient air quality standards by the earliest practicable date. 40612. (a) In order to pro vide funding for air pollution control programs needed to achie v e and maintain state and federal air quality , the district may do both of the follo wing: (1) Notwithstanding the limits on the amount of the motor v ehicle fee speci fi ed in Sections 44223 and 44225, increase the fee established pursuant to these sections to up to, b ut not e xceeding, thirty dollars ($30) per motor
v ehicle per year for the purposes of establishing and implementing incenti v e-based programs to achie v e surplus emissions reductions that the district determines are needed to remediate air pollution harms created by motor v ehicles on which the fee is imposed and that are intended to achie v e 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, an y increase shall be subject to Chapter 7 (commencing with Section 44220) of P art 5, including, b ut not limited to, the adoption of a resolution pro viding for both the fee increase and a corresponding program for e xpenditure of the mone ys raised by the increased fees for the reduction of mobile source emissions. (2) Notwithstanding Section 40717.9, adopt rules and re gulations to reduce v ehicle trips in order to reduce air pollution from v ehicular sources. (b) Fees adopted pursuant to this section are in addition to any other fees imposed by the district, and may be charged in an y of fi scal years 2009

– 10 to 2023

– 24, inclusi v e. Fees may be assessed after the 2012

– 13 fi scal year only if the United States En vironmental Protection Agenc y appro v es the district ’ s proposed reclassi fi cation of its nonattainment status for ozone from se v ere to e xtreme. The fees adopted pursuant to this section are for the district portion of the total amount needed to achie v e and maintain state and federal ambient air quality standards. At least ten million dollars ($10,000,000) shall be used to mitig ate the impacts of air pollution on public health and the en

vironment in disproportionately impacted en vironmental justice communities in the San Joaquin V alle y

. The district board shall
con v ene an en

vironmental justice advisory committee, selected from a list gi v en to the board by en

vironmental justice groups from the San Joaquin V alle y , to recommend the neighborhoods in the district that constitute
en vironmental justice communities, and ho w to e xpend funds within these communities. (c) (1) The fees adopted pursuant to this section shall become ef fecti v e after the state board makes both of the follo wing fi ndings: (A) The district has undertaken all feasible measures to reduce nonattainment air pollutants from sources within the district ’ s jurisdiction and re gulatory control. (B) The district has noti fi ed the state board that fees hav e been adopted pursuant to this section and pro vided the state board with an estimate of the total funds that will be pro vided annually by each of those fees.

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— Ch. 677(2) The state board shall fi le a written cop y of its fi ndings made pursuant

to this subdi vision with the Secretary of State within tw o 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 an y fees assessed pursuant to Section 40612 to achiev e and maintain state and federal ambient air quality standards ev ery tw o years that the fee is assessed, and shall submit these assessments to the Le gislature within tw o weeks of their completion.

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96 Ch. 677

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