reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 40709 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40709.

40709.  (a)  Every district board shall establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants shall be banked prior to use to offset future increases in emissions. The system shall provide that only those reductions in the emission of air contaminants that are not otherwise required by any federal, state, or district law, rule, order, permit, or regulation shall be registered, certified, or otherwise approved by the district air pollution control officer before they may be banked and used to offset future increases in the emission of air contaminants. The system shall be subject to disapproval by the state board pursuant to Chapter 1 (commencing with Section 41500) of Part 4 within 60 days after adoption by the district. (b)  The system is not intended to recognize any preexisting right to emit air contaminants, but to provide a mechanism for districts to recognize the existence of reductions of air contaminants that can be used as offsets, and to provide greater certainty that the offsets shall be available for emitting industries. (c)  Notwithstanding subdivision (a), emissions reductions proposed to offset simultaneous emissions increases within the same stationary source need not be banked prior to use as offsets, if those reductions satisfy all criteria established by regulation pursuant to subdivision (a). (d)  This section does not apply to any district that is not required to prepare and submit a plan for attainment of state ambient air quality standards pursuant to Section 40911 if both of the following apply to the district: (1)  The district is not in a federal nonattainment area for any national ambient air quality standard unless the sole reason for the nonattainment is due to air pollutant transport. (2)  An owner or operator of a source or proposed source has not petitioned the district to establish a banking system. (Amended by Stats. 2000, Ch. 729, Sec. 5. Effective January 1, 2001.)
CA Health & Safety Code § 40709.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40709.5.

40709.5.  Any district which has established a system pursuant to Section 40709 by which reductions in emissions may be banked or otherwise credited to offset future increases in the emissions of air contaminants, or which utilize a calculation method which enables internal emission reductions to be credited against increases in emissions, and as of January 1, 1988, is within a federally designated nonattainment area for one or more air pollutants, shall develop and implement a program which, at a minimum, provides for all of the following:(a)  Identification and tracking of sources possessing emission credit balances accruing from the elimination or replacement of older, higher emitting equipment. (b)  Periodic analysis of the increases or decreases in emissions which occur when credits are used to bring new or modified emission sources into operation. (c)  Procedures for verifying the emission reductions credited to the bank or accruing to internal accounts, and for adjusting of credited emissions based on current district requirements. (d)  Periodic evaluation of the extent to which the system has contributed or detracted from the goal of allowing economic growth and modification of existing facilities, and has contributed to or detracted from the district’s progress toward attainment of ambient air quality standards. (e)  Annual publication of the costs, in dollars per ton, of emission offsets purchased for new or modified emission sources, excluding information on the identity of any party involved in the offset transactions. This publication shall specify, for each offset purchase transaction, the year the offset transaction occurred, the amount of offsets purchased, by pollutant, and the total cost, by pollutant, of the offsets purchased. Each application to use emissions reductions banked in a system established pursuant to Section 40709 shall provide sufficient information, as determined by the district, to perform the cost analysis. The information shall be a public record. (Amended by Stats. 1992, Ch. 612, Sec. 3. Effective January 1, 1993.)
CA Health & Safety Code § 40709.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40709.6.

40709.6.  (a)  Increases in emissions of air pollutants at a stationary source located in a district may be offset by emission reductions credited to a stationary source located in another district if both stationary sources are located in the same air basin or, if not located in the same air basin, if both of the following requirements are met: (1)  The stationary source to which the emission reductions are credited is located in an upwind district that is classified as being in a worse nonattainment status than the downwind district pursuant to Chapter 10 (commencing with Section 40910). (2)  The stationary source at which there are emission increases to be offset is located in a downwind district that is overwhelmingly impacted by emissions transported from the upwind district, as determined by the state board pursuant to Section 39610. (b)  The district, in which the stationary source to which emission reductions are credited is located, shall determine the type and quantity of the emission reductions to be credited. (c)  The district, in which the stationary source at which there are emission increases to be offset is located, shall do both of the following: (1)  Determine the impact of those emission reductions in mitigation of the emission increases in the same manner and to the same extent as the district would do so for fully credited emission reductions from sources located within its boundaries. (2)  Adopt a rule or regulation to discount the emission reductions credited to the stationary source in the other district. The discount shall not be less than the emission reduction for offsets from comparable sources located within the district boundaries. (d)  Any offset credited pursuant to subdivision (a) shall be approved by a resolution adopted by the governing board of the upwind district and the governing board of the downwind district, after taking into consideration the impact of the offset on air quality, public health, and the regional economy. Each district governing board may delegate to its air pollution control officer the board’s authority to approve offsets credited pursuant to subdivision (a). (Amended by Stats. 1996, Ch. 771, Sec. 1. Effective January 1, 1997.)
CA Health & Safety Code § 40710 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40710.

40710.  Upon receipt of approval and pursuant to Section 40709, a certificate evidencing all approved reductions in the emissions of air contaminants shall be issued to the owner or owners of the emissions source, and such reductions shall continue to be banked until they have been used according to district regulations. The owner or owners of such approved reductions have the exclusive right to use them and to authorize their use. Certificates evidencing ownership of approved reductions issued by a district shall not constitute instruments, securities, or any other form of property.(Amended by Stats. 1980, Ch. 692.)
CA Health & Safety Code § 40711 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40711.

40711.  (a)  A banking system established pursuant to Section 40709 shall provide for registration of all interests in approved emission reductions. The registry shall be maintained by the district and open to public inspection. Upon payment of any required filing fee, and receipt of the documents required in subdivision (b), the district shall promptly register all interests in approved emission reductions and issue a certificate evidencing such ownership. The district may adopt by rule or regulation a schedule of fees for the issuance of certificates to cover the cost of confirming emission reductions and operating an emission reduction registry. (b)  Approved emission reductions may be transferred in whole or in part by written conveyance or by operation of law from one person to another. A sale, option, pledge, or other voluntary transfer of approved emission reductions shall be enforceable against third parties provided a copy of the written conveyance or a memorandum describing the transaction, signed by the transferor, is filed with the district. An involuntary transfer of approved emission reductions shall be enforceable against third parties provided the transferee files with the district a certified copy of the document effecting such transfer or a memorandum describing the nature of such transfer. Notwithstanding any other provision of law, conflicting interests in approved emission reductions shall rank in priority according to the time of filing with the district. (Amended by Stats. 1980, Ch. 692.)
CA Health & Safety Code § 40712 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40712.

40712.  If there is more than one owner of the source of the approved reductions in emission of air contaminants, initial title to such approved reductions shall be deemed held by such co-owners in the same manner as they hold title to the source of such reductions at the time such reductions are approved by the district air pollution control officer.(Added by Stats. 1979, Ch. 1111.)
CA Health & Safety Code § 40713 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40713.

40713.  Any system established pursuant to Section 40709 shall contain procedures for the approval of reductions in emissions of air contaminants comparable to district permit procedures established pursuant to Section 42300, including, without limitation, procedures for public comment within 30 days after notice of any proposed approval. In the event the district air pollution control officer refuses to register, certify, or otherwise approve an application for a reduction in the emission of air contaminants pursuant to Section 40709, such applicant may, within 30 days after receipt of the notice of refusal, request the hearing board of the district to hold a hearing on whether the application was properly refused.(Added by Stats. 1979, Ch. 1111.)
CA Health & Safety Code § 40714.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40714.5.

40714.5.  (a)  The Legislature hereby finds and declares all of the following: (1)  Because of policy considerations, certain sources of air pollution are exempt from district permitting requirements or are not otherwise controlled by districts. (2)  Emissions from some of these sources can be reduced through cost-effective measures, thereby creating additional emission reduction credits. (3)  An increased supply of emission reduction credits is beneficial to local economies. (4)  The purpose of this section is to provide an incentive to generate additional and fully valued emission reduction credits by encouraging emission reductions from these sources without subjecting them to a district permitting process. (b)  (1)  With respect to any emission reduction that occurs on or after January 1, 1991, at a source that was and remains exempt from district rules and regulations, the district shall grant emission reduction credits or marketable trading credits without any discount or reduction in the quantity of the emissions reduced at the source unless otherwise provided by law. Emission reduction credits or marketable trading credits issued by the district for those exempt sources may be reduced only when applied to the permitting of other stationary sources as a result of new source review, or in accordance with any applicable requirement of a marketable trading credit program. (2)  Any credits issued by a district pursuant to this subdivision shall meet all of the requirements of state and federal law, including, but not limited to, all of the following requirements: (A)  The credits shall not result in the crediting of air emissions which are already contemporaneously required by an emission control measure in a plan necessary to achieve state and federal ambient air standards. (B)  The credits shall not provide for an additional discount of credits solely as a result of emission reduction credits trading if a district has already discounted the credit as part of its process of identifying and granting those credits to sources. (C)  The credits shall not, in any manner, result in double-counting of emission reductions. (D)  The credits shall be permanent, enforceable, quantifiable, and surplus. (3)  This subdivision applies statewide in any area not otherwise excluded under subdivision (d) of Section 40709. (Amended by Stats. 2000, Ch. 729, Sec. 6. Effective January 1, 2001.)
CA Health & Safety Code § 40715 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40715.

40715.  (a)  Every district shall establish and implement supplemental toxic air contaminant monitoring networks to supplement the existing monitoring capacity of the board and the districts as specified in the guidelines developed by the state board pursuant to Section 39668. The district may establish a schedule of fees to be paid to the district by sources of toxic air contaminants within the district which shall not exceed 50 percent of the costs of establishing and implementing these monitoring networks. Funds for the remaining 50 percent of the costs of establishing and implementing the supplemental toxic air contaminant monitoring networks shall be provided by the state board pursuant to subdivision (c) of Section 39668. Districts shall not be required to expend any district funds to establish and implement the supplemental toxic air contaminant monitoring program, as determined by Section 39668, that are in excess of the amount of state funds provided by the state board for that purpose. (b)  It is the intent of the Legislature that this district supplemental toxic air contaminant monitoring program shall supplement existing laws and regulations to protect human health and safety from the adverse effects of toxic air contaminants and shall not limit the existing authority of any state or local agency to identify or control toxic air contaminants. (Added by Stats. 1987, Ch. 1219, Sec. 2.)
CA Health & Safety Code § 40716 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40716.

40716.  (a)  In carrying out its responsibilities pursuant to this division with respect to the attainment of state ambient air quality standards, a district may adopt and implement regulations to accomplish both of the following: (1)  Reduce or mitigate emissions from indirect and areawide sources of air pollution. (2)  Encourage or require the use of measures which reduce the number or length of vehicle trips. (b)  Nothing in this section constitutes an infringement on the existing authority of counties and cities to plan or control land use, and nothing in this section provides or transfers new authority over such land use to a district. (Amended by Stats. 1996, Ch. 777, Sec. 2. Effective January 1, 1997.)
CA Health & Safety Code § 40717.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40717.6.

40717.6.  (a) No district or other local or regional agency shall impose any requirement on any private entity, including any requirement in any congestion management program adopted pursuant to Section 65089 of the Government Code, except as specifically provided in Section 65089.1 of the Government Code, to reduce shopping trips or to require the imposition of parking charges or the elimination of existing parking spaces at retail facilities.(b) Notwithstanding subdivision (a), nothing in this section shall be construed to prevent a city or county from doing any of the following:(1) Requiring retailers to make available to customers information concerning alternative transportation systems serving the retail site.(2) Imposing requirements on new development as a condition of development for the purpose of mitigation pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(3) Enacting requirements on retailers as a result of a voter imposed growth management initiative.(c) Nothing in this section shall be construed as a limitation on the land use authority of cities and counties.(Amended by Stats. 2006, Ch. 538, Sec. 400. Effective January 1, 2007.)
CA Health & Safety Code § 40717.9 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40717.9.

40717.9.  (a)  Notwithstanding Section 40454, 40457, 40717, 40717.1, or 40717.5, or any other provision of law, a district, congestion management agency, as defined in subdivision (b) of Section 65088.1 of the Government Code, or any other public agency shall not require an employer to implement an employee trip reduction program unless the program is expressly required by federal law and the elimination of the program will result in the imposition of federal sanctions, including, but not limited to, the loss of federal funds for transportation purposes. (b)  Nothing in this section shall preclude a public agency from regulating indirect sources in any manner that is not specifically prohibited by this section, where otherwise authorized by law. (Added by renumbering Section 40929 by Stats. 1998, Ch. 485, Sec. 109. Effective January 1, 1999.)
CA Health & Safety Code § 40718 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40718.

40718.  (a)  Not later than January 1, 1990, the state board shall publish maps identifying those cities, counties, or portions thereof which have measured one or more violations of any state or federal ambient air quality standard. The state board shall produce at least one separate map for each pollutant. (b)  A district may prepare the maps required under subdivision (a) for the area within its jurisdiction. If a district chooses to prepare maps, the district shall provide the maps to the state board for review not less than four months prior to the date when the state board is required to publish the maps, and pursuant to a schedule established by the state board for any subsequent maps. (c)  The maps produced pursuant to subdivision (a) shall be based upon the most recent monitoring results, using the best technological capabilities and the best scientific judgment. The maps produced pursuant to subdivision (a) shall clearly identify portions of each district which have or have not measured one or more violations of any state or federal ambient air quality standard. The maps shall be representative of the actual air quality in each portion of the district. (d)  The state board shall publish its criteria for preparing the maps pursuant to this section not later than January 31, 1989. To the extent applicable, the state board shall identify any criteria relating to meterological impact on monitored air quality data; reliability of monitored data; magnitude, frequency, and duration of periods when ambient air quality standards are exceeded; and the area within the district in which the standards are exceeded. (e)  Any person may petition the state board to hold a public hearing on any proposed, adopted, amended, or revised map. If the petition is granted by the state board, the public hearing may be held at a regularly scheduled public hearing in Sacramento. Notice of the time and place of any hearing shall be given not less than 30 days prior to the hearing by publication in the district pursuant to Section 6061 of the Government Code. If a district 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 hearing. The notice shall include a description of the map proposed to be adopted, amended, or repealed and a summary description of the effect of the proposal.(f)  The state board shall review annually, and as appropriate revise, the maps required by this section, using the criteria developed pursuant to subdivision (c). (g)  Nothing in this section is intended to prevent a district board from enacting and enforcing rules or regulations designed to prevent interference with or maintenance of state and federal air quality standards, or to prevent significant deterioration of air quality in any area of the district. (Added by Stats. 1988, Ch. 1225, Sec. 1.)
CA Health & Safety Code § 40719 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 3 - AIR POLLUTION CONTROL DISTRICTS|CHAPTER 6 - General Powers and Duties|Section 40719.

40719.  (a)  Except as provided in subdivision (d), every district board which has adopted an emergency episode plan for ozone or oxidant may conduct hearings on the adoption and implementation of intermittent transportation controls which shall be applicable, upon order of the district board, during periods in the months of June to October, inclusive, when an air pollution emergency, as defined in the Air Pollution Emergency Plan of the state board, has been called. (b)  The district board, in cooperation with representatives of industry, transportation, and local governments in the district, shall conduct the hearings pursuant to subdivision (a) to define and designate the necessary transportation controls. The district board shall prepare and submit to the Legislature within one year a report on the findings from the hearings. (c)  The district board shall incorporate its findings and determinations into the district air quality management plan. (d)  Notwithstanding subdivisions (a) to (c), inclusive, in that portion of the bay district which is subject to the jurisdiction of the Metropolitan Transportation Commission, the commission, at the request of the bay district, shall undertake those duties and responsibilities set forth in subdivisions (a) to (c), inclusive, that relate to the conduct of hearings and the adoption and implementation of intermittent transportation controls and that relate to making recommended findings and determinations for the bay district for incorporation into the bay district’s air quality management plan. (Added by renumbering Section 40716 (as added by Stats. 1988, Ch. 160) by Stats. 1990, Ch. 216, Sec. 77.)