HEALTH AND SAFETY CODE 

SECTION 40000-40003 

40000. The Legislature finds and declares that local and regional 

authorities have the primary responsibility for control of air 

pollution from all sources, other than emissions from motor vehicles. 

The control of emissions from motor vehicles, except as otherwise 

provided in this division, shall be the responsibility of the state 

board. 

40001. (a) Subject to the powers and duties of the state board, the 

districts shall adopt and enforce rules and regulations to achieve 

and maintain the state and federal ambient air quality standards in 

all areas affected by emission sources under their jurisdiction, and 

shall enforce all applicable provisions of state and federal law. 

 (b) The district rules and regulations may, and at the request of 

the state board shall, provide for the prevention and abatement of 

air pollution episodes which, at intervals, cause discomfort or 

health risks to, or damage to the property of, a significant number 

of persons or class of persons. 

 (c) Prior to adopting any rule or regulation to reduce criteria 

pollutants, a district shall determine that there is a problem that 

the proposed rule or regulation will alleviate and that the rule or 

regulation will promote the attainment or maintenance of state or 

federal ambient air quality standards. 

 (d) (1) The district rules and regulations shall include a process 

to approve alternative methods of complying with emission control 

requirements that provide equivalent emission reductions, emissions 

monitoring, or recordkeeping. 

 (2) A district shall allow the implementation of alternative 

methods of emission reduction, emissions monitoring, or recordkeeping 

if a facility demonstrates to the satisfaction of the district that 

those alternative methods will provide equivalent performance. Any 

alternative method of emission reduction, emissions monitoring, or 

recordkeeping proposed by the facility shall not violate other 

provisions of law. 

 (3) If a district rule specifies an emission limit for a facility 

or system, the district shall not set operational or effectiveness 

requirements for any specific emission control equipment operating on 

a facility or system under that limit. Any alternative method of 

emission reduction, emissions monitoring, or recordkeeping proposed 

by the facility shall include the necessary operational and 

effectiveness measurement elements that can be included as permit 

conditions by the district to ensure compliance with, and enforcement 

of, the equivalent performance requirements of paragraphs (1) and 

(2). Nothing in this subdivision limits the district's authority to 

inspect a facility's equipment or records to ensure operational 

compliance. This paragraph shall apply to existing rules and 

facilities operating under those rules. 
40002. (a) There is continued in existence and shall be, in every 

county, a county district, unless the entire county is included 

within the Antelope Valley district, the bay district, the Mojave 

Desert district, the south coast district, the Sacramento 

Metropolitan Air Quality Management District, the San Joaquin Valley 

Air Quality Management District, if that district is created, a 

regional district, or a unified district. 

 (b) If only a part of the county is included within the Antelope 

Valley district, the bay district, the south coast district, the 

Mojave Desert district, the San Joaquin Valley Air Quality Management 

District, if that district is created, a regional district, or a 

unified district, there is in that part of the county not included 

within any of those districts a county district, for which different 

air quality rules and regulations may be required. 

40003. A county may be in two or more districts, but not in two or 

more county districts.