User Name: Ann Lyons

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1. Cal Health & Saf Code § 40925

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Ann Lyons
Cal Health & Saf Code § 40925

This document is current with urgency legislation through Chapter 876 of the 2012 Session, propositions approved by the electorate in 2012,and the 2012 Governor’s Reorganization Plan No. 2.

Deering’s California Code Annotated > HEALTH AND SAFETY CODE > Division 26.

> Part 3. > Chapter 10.

§ 40925. Review of attainment plan; Modification of emission reduction strategy; Update

of plan

(a) On or before December 31, 1994, and at least once every three years thereafter, every

district shall review and revise its attainment plan to correct for deficiencies in meeting

the interim measures of progress incorporated into the plan pursuant to Section 40914, and

to incorporate new data or projections into the plan, including, but not limited to, the quantity of emission reductions expected from the control measures adopted in the preceding

three-year period and the dates that those emission reductions will be achieved, and the rates

of population-related, industry-related, and vehicle-related emissions growth actually experienced in the district and projected for the future. This data shall be compared to the

rate of emission reductions and growth projected in the previous triennial plan revision.

Upon adoption of each triennial plan revision at a public hearing, the district board shall submit the revision to the state board.

(b) A district may modify the emission reduction strategy or alternative measure of progress

for subsequent years based on this assessment if the district demonstrates to the state

board, and the state board finds, that the modified strategy is at least as effective in improving air quality as the strategy which is being replaced.

(c) Each district which cannot demonstrate attainment by December 31, 1999, shall prepare

and submit a comprehensive update of its plan to the state board not later than December

31, 1997, unless the state board determines, by not later than February 1, 1997, that a comprehensive plan update is unnecessary. The revised plan shall include an interim air quality improvement goal or an equivalent emission reduction strategy, subject to review and approval by the state board, to be achieved in the subsequent five-year period.

History

Added Stats 1988 ch 1568 § 11. Amended Stats 1992 ch 945 § 12 (AB 2783); Stats 1994 ch

1192 § 8 (SB 2050), operation contingent; Stats 1996 ch 777 § 11 (AB 3048); Stats 2000 ch 729

§ 11 (SB 1300).

Former Sections:

There was another section of this number, similar to the present section, which was added Stats

1988 ch 1568 § 11, amended Stats 1992 ch 945 § 12, Stats 1994 ch 1192 § 8, and repealed Stats

1996 ch 777 § 12, ch 1154 § 8, effective September 30, 1996.

There was another section of this number, similar to the present section, which was added Stats

1994 ch 1192 § 9, and repealed Stats 1996 ch 777 § 13, ch 1154 § 9, effective September 30, 1996.

Ann Lyons
Annotations

Notes

Amendments:

1992 Amendment:

(1) Amended subd (a) by adding (a) ′′and revise′′ after ′′district shall review′′; and (b) ′′, beginning in 1994,′′ after ′′every three years′′; and (2) amended subd (c) by (a) deleting ′′will not attain the state standard for ozone within five years after approval of its plan by the state board, and

which′′ after ′′Each district which′′ in the beginning; (b) substituting ′′December 31′′ for ′′January 1′′ after ′′attainment by′′; and (c) substituting ′′1997′′ for ′′1998′′ after ′′than December 31,′′.

1994 Amendment:

Added (1) Added the second and third sentences of subd (b); and (2) subds (d)--(f).

1996 Amendment:

(1) Amended subd (a) by (a) adding ′′On or before December 31, 1994, and at least once every

three years thereafter,′′; (b) deleting ′′at least once every three years, beginning in 1994,′′ after ′′its

attainment plan′′; (c) adding ′′, including, but not limited to, the quantity of emission reductions actually achieved in the preceding three-year period and the rates of population-related, industryrelated, and vehicle-related emissions growth future′′ in the first sentence; and (d) adding the second sentence; and (2) amended subd (c) by (a) substituting ′′December 31, 1999′′ for ′′December

31, 2000′′; and (b) adding ′′, unless the state board determines, by not later than February 1,

1997, that a comprehensive plan update is unnecessary′′ in the first sentence.

2000 Amendment:

(1) Amended the first sentence of subd (a) by (a) substituting ′′expected from the control measures adopted′′ for ′′actually achieved′′; (b) adding ′′dates that those emission reductions will be

achieved, and the′′; and (2) added the second sentence in subd (a).

Research References & Practice Aids

Hierarchy Notes:

DEERING’S CALIFORNIA CODES ANNOTATED

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Cal Health & Saf Code § 40925

Ann Lyons