reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 1 - Natural and Working Lands › Section 39740.5.

39740.5. (a) The Natural Resources Agency, in collaboration with relevant state agencies and in consultation with diverse stakeholders, may create an application process for applicants to have their projects located in the state listed on the registry. The Natural Resources Agency shall ensure that projects submitted pursuant to the application process meet the following minimum criteria before listing them on the registry:
(1) Achieve greenhouse gas reduction or carbon removal.
(2) Include monitoring and reporting of carbon removal benefits over time.
(3) Improve the state’s resilience to climate change.
(4) Project documentation contains all of the following information:
(A) The amount of greenhouse gases reduced or carbon sequestered by the proposed project.
(B) The duration for which the project will sequester carbon.
(C) The location of the proposed project in California.
(D) The natural and working landscape type on which the project will occur.
(E) The project benefits, including, but not limited to, adaptation to sea level rise, fire, heat, and drought, biodiversity benefits, water security and watershed restoration benefits, and benefits to disadvantaged and low-income communities.
(F) Whether the proposed project provides greenhouse gas reduction or carbon removal benefits that are real, verifiable, quantifiable, additional, and permanent. This determination shall be verified by a third party accredited by the state board.
(b) A monitoring and reporting system for calculating carbon removal or sequestration or greenhouse gas emission reduction benefits that has already been established by the state board for purposes of receiving state funding from the Greenhouse Gas Reduction Fund shall be sufficient to satisfy the requirements of paragraph (2) of subdivision (a).
(c) The Natural Resources Agency shall prioritize the registration of projects that use the latest version of a quantification methodology developed by the state board, where applicable, or an equivalent methodology, approved by the state board.
(Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 1 - Natural and Working Lands › Section 39740.6.

39740.6. If a state or private entity contacts the Natural Resources Agency and chooses to fund a project on the registry, the Natural Resources Agency shall establish a mechanism for retiring the listing of a project from the registry once it is funded and tracking the outcome of the project to ensure it is completed. The project proponent shall notify the Natural Resources Agency when the project is completed, and shall provide to the agency monitoring and reporting data for the duration of the contract terms of the project.
(Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 1 - Natural and Working Lands › Section 39740.7.

39740.7. (a) The Natural Resources Agency shall track carbon removal and greenhouse gas emission reduction benefits derived from projects funded through the registry.
(b) Projects listed on the registry shall not create credits for the purposes of market-based compliance mechanisms developed or administered by the state board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and shall not be used by a state or private entity to offset a statutory or regulatory obligation to reduce emissions under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)).
(c) If an entity funds less than the full project cost, or if several entities jointly fund a single project, the agency may assign project value proportionally across multiple project funders.
(Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 1 - Natural and Working Lands › Section 39740.8.

39740.8. The Natural Resources Agency may contract with a third-party organization to develop and operate the registry.
(Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 2 - Carbon Capture, Removal, Utilization, and Storage Program › Section 39741.

39741. For purposes of this article, the following definitions apply:
(a) “Carbon dioxide capture, removal, or sequestration project” means a carbon dioxide capture project, a carbon dioxide removal project, or a sequestration project that seeks to provide for the long-term isolation of the carbon dioxide from the atmosphere through storage in a geologic formation.
(b) “CCUS technology” means carbon capture, utilization, and storage technology or equipment used for capturing and sequestering carbon dioxide emissions from industrial, commercial, or energy-related facilities or sources.
(c) “CDR technology” means carbon dioxide removal, defined as anthropogenic activities that use technologies or engineered strategies to remove carbon dioxide from the atmosphere and put it into long-term storage, including direct air capture.
(d) “Program” means the Carbon Capture, Removal, Utilization, and Storage Program established pursuant to Section 39741.1.
(Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 2 - Carbon Capture, Removal, Utilization, and Storage Program › Section 39741.2.

39741.2. (a) In furtherance of the objectives in Section 39741.1, on or before January 1, 2025, the state board shall, in consultation with relevant state and local agencies, adopt regulations for a unified permit application for the construction and operation of carbon dioxide capture, removal, or sequestration projects to expedite the issuance of permits or other authorizations for the construction and operation of those projects. The unified permit application shall solicit from applicants, and direct to all relevant state agencies, all information needed to obtain permits and other authorizations from relevant state and local agencies necessary for the construction and operation of a carbon dioxide capture, removal, or sequestration project. An applicant’s use of the unified permit application shall be optional.
(b) (1) Before adopting the unified permit application described in subdivision (a), the state board shall conduct at least three public workshops to receive comments from the public.
(2) The state board shall design the workshops to allow the public to participate from any location via the internet or a call-in telephone number.
(c) The unified permit application developed by the state board pursuant to subdivision (a) shall not impair, abridge, or alter any rights or obligations under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or its implementing regulations, with respect to the review or approval of a carbon dioxide capture, removal, or sequestration project.
(d) The unified permit application developed by the state board pursuant to subdivision (a) is for the purpose of efficiency but shall not displace the role of individual permitting agencies and shall not eliminate, abridge, or reduce the review or issuance of the individual permits covered by the application by the respective agencies. As part of the unified permit application, the state board shall, where possible, streamline duplicative administrative requirements or permit application questions.
(e) The unified permit application shall be used by relevant state agencies when issuing a permit or other authorization for the construction and operation of a carbon dioxide capture, removal, or sequestration project.
(Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 2 - Carbon Capture, Removal, Utilization, and Storage Program › Section 39741.3.

39741.3. In furtherance of the objectives in Section 39741.1, by January 1, 2025, the state board shall develop a centralized public database to track the deployment of CCUS and CDR technologies and the development of carbon dioxide capture, removal, or sequestration projects throughout the state.
(Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 2 - Carbon Capture, Removal, Utilization, and Storage Program › Section 39741.4.

39741.4. In furtherance of the objectives in Section 39741.1, by January 1, 2024, the state board may adopt protocols to support additional methods of utilization or storage of captured carbon dioxide, including carbon capture for use in products and in methods as identified by the state board.
(Added by Stats. 2022, Ch. 359, Sec. 2. (SB 905) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.3 - Carbon Sequestration › ARTICLE 2 - Carbon Capture, Removal, Utilization, and Storage Program › Section 39741.5.

39741.5. In furtherance of the objectives in Section 39741.1, the state board shall, no later than January 1, 2025, and consistent with Section 71464 of the Public Resources Code, adopt regulations for financial responsibility for carbon dioxide capture, removal, or sequestration project in accordance with Section 71464 of the Public Resources Code that are no less stringent than those contained in Section 146.85 of Title 40 of the Code of Federal Regulations, as that section read on January 1, 2022. The regulations shall require an operator of a carbon dioxide capture, removal, or sequestration projects to maintain financial responsibility for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir.
(Amended by Stats. 2023, Ch. 131, Sec. 119. (AB 1754) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.5 - Rice Straw Demonstration Project › Section 39750.

39750. The Legislature hereby finds and declares that the Connelly-Areias-Chandler Rice Straw Burning Reduction Act was enacted in 1991 to phase down rice straw burning and improve the air quality for the citizens of the state. This creates an additional significant cost to rice growers, with potential adverse impacts on the farming communities, including lost farm production; lost state, local, and federal tax revenues; lost jobs; and reduction of wildlife habitat in the rice fields. The commercial technologies that could utilize straw, making it a commodity rather than a waste disposal problem, have not developed in the rice growing areas because of the lack of marketplace risk capital to take technologies from the laboratory stage to demonstration projects. To retain the public benefits from having a viable rice growing industry in California and to improve air quality, there is a need to provide cost-sharing grants for the development of demonstration projects for new rice straw technologies in the marketplace.
(Added by Stats. 1997, Ch. 745, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.5 - Rice Straw Demonstration Project › Section 39751.

39751. The Rice Straw Demonstration Project Grant Fund is hereby created in the State Treasury. The fund shall be administered by the state board for the purpose of developing demonstration projects for new rice straw technologies in the rice straw growing regions of California.
(Amended by Stats. 2000, Ch. 1019, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.5 - Rice Straw Demonstration Project › Section 39752.

39752. The state board shall provide cost-sharing grants for the development of demonstration projects for new rice straw technologies according to criteria developed by the state board, in consultation with the University of California and the Department of Food and Agriculture, and adopted at a noticed public hearing held by the state board. The criteria shall include, but shall not be limited to, all of the following:
(a) Proposed projects shall use a technology that could use significant volumes of rice straw annually if it is commercialized, based upon various factors, including potential markets and viability of the technology in meeting market demands.
(b) The state board shall provide a grant of not more than 50 percent of the cost for each demonstration project.
(c) Public and private support shall be demonstrated for proposed projects, including local community support from the rice growing community where the project would be located.
(d) The grants shall be authorized and allocated during the 2000–01, 2001–02, and 2002–03 fiscal years. Grants may be expended, under the grant agreement, during a period not to exceed three years from the date that the grant is awarded.
(e) Preference shall be given to projects located within the rice growing regions of the Sacramento Valley and which may be replicated throughout the region.
(f) Projects should demonstrate all of the following:
(1) Technical and economic feasibility.
(2) The capability to become profitable within five years.
(3) Cost-effectiveness.
(4) The extent to which the program mitigates or avoids adverse environmental impacts.
(g) This section shall not become operative until moneys are appropriated for deposit in the Rice Straw Demonstration Project Grant Fund, created pursuant to Section 39751, by the Legislature, or until moneys are transferred to that fund by any other entity.
(Amended by Stats. 2004, Ch. 225, Sec. 51. Effective August 16, 2004. Operation of provisions is contingent upon funding, as prescribed in subd. (g).)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.5 - Rice Straw Demonstration Project › Section 39753.

39753. It is the intent of the Legislature that funding for purposes of this chapter be provided in the annual Budget Act. The state board may use not more than 10 percent of the rice straw technology demonstration cost-sharing funds for administrative and project review costs in carrying out the grant program.
(Added by Stats. 1997, Ch. 745, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.7 - Agricultural Biomass Utilization Account › Section 39760.

39760. The Legislature hereby finds and declares that the rice industry has led many other commodity groups in developing alternatives to open-field burning. In order to aid in the continuation of this role of leadership within the agricultural industry and to enable the transition to a free-market utilization of biomass, funds are needed to provide grants to persons that utilize agricultural biomass and rice straw.
(Added by Stats. 2000, Ch. 1017, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.7 - Agricultural Biomass Utilization Account › Section 39761.

39761. For the purposes of this chapter, the following terms mean:
(a)  “Department” means the Department of Food and Agriculture.
(b)  “Secretary” means the Secretary of Food and Agriculture.
(Added by Stats. 2000, Ch. 1017, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.7 - Agricultural Biomass Utilization Account › Section 39762.

39762. (a) (1) The Agricultural Biomass Utilization Account is hereby created in the Department of Food and Agriculture Fund.
(2) The sum of two million dollars ($2,000,000) is hereby appropriated from the General Fund to the Agricultural Biomass Utilization Account for expenditure for the purposes identified in subdivision (b).
(b) The account shall be administered by the department, in consultation with the State Air Resources Board and the California Integrated Waste Management Board, for the purpose of providing grants to persons that utilize agricultural biomass as a means of avoiding landfill use, preventing air pollution, and enhancing environmental quality.
(c) Moneys in the account shall include moneys transferred from the General Fund pursuant to subdivision (a) and any moneys solicited by the secretary from other sources.
(d) The secretary shall actively solicit funds from other federal, state, and private sources with the goal of initially supplementing and eventually supplanting the appropriation from the General Fund made pursuant to subdivision (a).
(e) The department may implement similar grant programs for other commodity groups that are used for the purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (e) of Section 39763.
(f) The department shall not utilize more than 7 percent of the funds described in subdivision (a) for the administration of the account.
(Added by Stats. 2000, Ch. 1017, Sec. 1. Appropriation in subdivision (a) reduced by Governor's item-veto message. Effective January 1, 2001. Note: Subd. (a) of this text reflects the Governor's reduction from $10,000,000 to $2,000,000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.7 - Agricultural Biomass Utilization Account › Section 39763.

39763. (a)  The funds appropriated by paragraph (2) of subdivision (a) of Section 39762, less administrative costs, shall be dedicated for grants to persons that utilize rice straw.
(b)  Grants shall be provided pursuant to this chapter in a manner to be determined by the department, and shall include, but shall not be limited to, grants on a per-ton basis and a per-project basis.
(c)  On or before July 1 of each year, the secretary shall set the per-ton grant level in an amount of not less than twenty dollars ($20) per ton of rice straw so utilized.
(d)  Grants shall not be provided pursuant to this section for the purchase of any rice straw for which a tax credit has been claimed pursuant to Section 17052.10 of the Revenue and Taxation Code.
(e)  A per-ton grant may be provided pursuant to this chapter only if the applicant is the “end-user” of agricultural biomass. For purposes of this subdivision, “end user” means a person who uses agricultural biomass for any of the following purposes:
(1)  Processing.
(2)  Generating energy.
(3)  Manufacturing.
(4)  Exporting.
(5)  Preventing erosion.
(6)  Any other environmentally sound purpose, excluding open-field burning, as determined to be appropriate by the department.
(f)  Criteria to be considered by the department in determining whether to award a grant pursuant to this chapter shall include, but shall not be limited to, the following:
(1)  Quantity of biomass to be utilized.
(2)  Whether the proposed use offers other environmental or public policy benefits, including but not limited to, landfill avoidance, pollution prevention, electrical generation, and sustainability.
(3)  The degree to which the proposed grant would assist in moving the commodity group toward an eventual free market utilization of biomass without the assistance of government.
(g)  The secretary shall select grant recipients in consultation with the State Air Resources Board, the Integrated Waste Management Board, and the advisory committee created pursuant to subdivision ( l) of Section 41865 from a list of potential grantees recommended by the Department of Food and Agriculture.
(Added by Stats. 2000, Ch. 1017, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39800.

39800. As used in this chapter, “dollars budgeted” means moneys derived from revenue sources within a district for use in its air pollution control programs.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39801.

39801. The state board shall administer, pursuant to this chapter, such funds as may be appropriated to it for the purposes of this chapter.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39802.

39802. (a)  The state board may subvene up to one dollar ($1) for every dollar budgeted for use by any of the following:
(1)  A district whose boundaries include an entire air basin.
(2)  Districts whose boundaries together include an entire air basin and which are parties to one joint powers agreement or other enforceable agreement which provides for all of the following:
(A)  Uniform rules and regulations among all districts, excluding administrative rules and regulations.
(B)  At least four meetings per year of the basinwide air pollution control council formed under Section 40900, or an equivalent procedure for basinwide consideration of policy matters.
(C)  Suitable sharing of qualified air pollution personnel and equipment.
(b)  (1)  Subventions under this section shall not exceed twenty-three cents ($0. 23) per capita, but shall not be less than eighteen thousand dollars ($18,000) for any district, if the district provides the required matching funds, except as specified in paragraph (2).
(2)  If a district is a rural district, as defined by the state board, the minimum subvention shall be that specified in Section 39802.5 if the district provides the required matching funds and does one of the following:
(A)  Has a fee system that fully recovers the district’s cost of issuing and renewing permits, performing source inspections, determining compliance status, and processing variances for stationary sources which emit 25 or more tons annually of any regulated pollutant.
(B)  Provides its matching funds, for any funds authorized by Section 39802.5 in excess of the dollar amount subvened to the district pursuant to this chapter in fiscal year 1986–87, from an increase in moneys budgeted over the level of funding budgeted for the 1986–87 fiscal year.
(c)  The merger into a unified or regional district pursuant to this division by any county district shall cause the minimum subvention of the county district to be transferred to the unified district or regional district if the unified district or regional district provides the required matching funds. If portions of a county district are merged into unified or regional districts pursuant to this division, the state board shall apportion, according to population within each portion of the county, the minimum subvention of the county district to the unified districts or regional districts into which the portions of the county district are merged. A unified district or a regional district which has all or a portion of a county district minimum subvention transferred to it under this section may not also receive subventions under the per capita provisions of this section. A subvention made pursuant to Section 39803 shall preclude subvention under this section.
(Amended by Stats. 1988, Ch. 675, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39802.5.

39802.5. Minimum subventions for purposes of paragraph (2) of subdivision (b) of Section 39802 shall be determined as follows:
(a)  If the amount appropriated in the Budget Act for district subventions is equal to or less than seven million eleven thousand dollars ($7,011,000), the minimum subvention is eighteen thousand dollars ($18,000).
(b)  If the amount appropriated in the Budget Act for district subventions is at least seven million five hundred eleven thousand dollars ($7,511,000), the minimum subvention is thirty-four thousand four hundred dollars ($34,400).
(c)  (1)  If the amount appropriated in the Budget Act for district subventions is more than seven million eleven thousand dollars ($7,011,000), but less than seven million five hundred eleven thousand dollars ($7,511,000), the minimum subvention is the sum of (A) eighteen thousand dollars ($18,000) and (B) the product of (i) sixteen thousand four hundred dollars ($16,400) multiplied by (ii) the amount by which the funds budgeted for district subventions exceeds seven million eleven thousand dollars ($7,011,000) divided by five hundred thousand dollars ($500,000).
(2)  Any portion of the amount appropriated in the Budget Act for district subventions which is more than seven million eleven thousand dollars ($7,011,000), but less than seven million five hundred eleven thousand dollars ($7,511,000), and which is not awarded in accordance with the determination of minimum subventions pursuant to paragraph (1) shall be subvened pursuant to Section 39810 only to rural districts, as defined by the state board.
(Added by Stats. 1988, Ch. 675, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39803.

39803. In air basins where funds are not subvened pursuant to Section 39802, the state board may subvene up to two dollars ($2) for every three dollars ($3) budgeted by a district. Subventions under this section shall not exceed eighteen and four-tenths cents ($0.184) per capita, but shall not be less than twelve thousand dollars ($12,000) for any district, if the district provides the required matching funds. Any county district which merged after January 1, 1980, into a unified district or regional district pursuant to this division shall have its minimum subvention under this section transferred to the unified district or regional district if the unified district or regional district provides the required matching funds. A unified district or regional district which has a county district minimum subvention transferred to it under this section may not also receive subventions under the per capita provisions of this section.
(Amended by Stats. 1983, Ch. 749, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39804.

39804. In air basins having a population of less than 98,000, the state board may subvene more than the specified amount allowed under Section 39802, if the subvention does not exceed forty-five thousand dollars ($45,000) per air basin and each district affected adopts a budget equal to or exceeding twenty-three cents ($0.23) per capita.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39805.

39805. The per capita limits in Sections 39802 and 39803 and the forty-five thousand dollars ($45,000) limit in Section 39804 may be increased by the state board to reflect the effects of inflation on the moneys needed to carry out air pollution control programs. No increase shall be made without the prior written approval of the Director of Finance.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39806.

39806. (a)  Money shall be subvened pursuant to this chapter to districts engaged in the reduction of air contaminants pursuant to the basinwide air pollution control plan and related implementation programs.
When the state board finds, pursuant to a resolution from the district board, or upon completion of proceedings conducted by the state board pursuant to Sections 39806.5 and 41500, that the district is not so engaged in the reduction of air contaminants, the subvention, or a portion thereof, which would have been allocated to such district pursuant to Section 39802, 39803, or 39804, plus such additional sum as may be necessary, if moneys are available from appropriations for the purposes of this chapter, shall be allocated to the state board itself to carry out the approved plan or program.
(b)  The findings of the state board shall be based on criteria established by the state board jointly with the districts for the evaluation of such plans and programs. The criteria shall be less stringent for rural districts, shall be based upon the differences in urban and rural air quality problems, population, and available resources, and shall recognize the transport of air pollutants from metropolitan areas to rural areas.
(c)  If the state board acts under this section pursuant to a resolution of the district board, it may do so without proceeding under Sections 39806.5 and 41500.
(Amended by Stats. 1981, Ch. 982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39806.5.

39806.5. (a)  Before taking any action pursuant to Sections 39806 and 39808, the state board shall hold a public hearing within the air basin affected, upon a 45-day written notice given to the basinwide air pollution control council, if any, the affected districts, the affected air quality planning agencies, and the public.
(b)  In addition to any other statutory requirements, interested persons shall have the right, at the public hearing to present oral and written evidence and to question and solicit testimony of qualified representatives of the state board on the matter being considered. The state board may, at the public hearing, place reasonable limits on the right to question and solicit testimony.
(c)  If, after conducting the public hearing required by subdivision (a), the state board determines to take action pursuant to any section enumerated in subdivision (a), the state board shall, based on the record of the public hearing, adopt written findings which explain the action to be taken by the state board, why the state board decided to take the action, and why the action is authorized by, and meets the requirements of, the statutory provisions pursuant to which it was taken. In addition, the findings shall address the significant issues raised or written evidence presented by interested persons or the staff of the state board. The transcript of testimony and exhibits, together with all papers and requests filed in the proceedings, shall constitute the exclusive record for decision by the state board.
(d)  Subdivisions (a), (b), and (c) shall be applicable to the executive officer of the state board acting pursuant to Section 39515, or to his delegates acting pursuant to Section 39516, with respect to any action taken pursuant to any section enumerated in subdivision (a).
(Added by Stats. 1981, Ch. 982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39807.

39807. The subvention otherwise due a district may be reduced by the state board up to an amount equal to the funds that are granted to the district by the federal government. In so reducing a subvention, the state board shall take into account all of the following factors:
(a)  The purpose for which the federal funds were granted.
(b)  The needs of the district in relationship to the needs of other districts.
(c)  Any special and worthy programs conducted by the district not required by the plan or program approved by the state board pursuant to Section 41500.
(d)  The severity of air pollution within the district.
(e)  Any other factors that the state board reasonably determines should be considered.
(Amended by Stats. 2000, Ch. 890, Sec. 9. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39808.

39808. The state board may review, as it deems necessary, the programs and expenditures by each district receiving a subvention under this chapter to ascertain that the funds budgeted from nonstate sources are in fact being expended substantially in accordance with the budget on which the subvention was based. Where the state board finds that the funds are not being so expended, the state board may, after a public hearing held pursuant to Section 39806.5 do any of the following:
(a)  Cease any further payments under the subvention.
(b)  Withhold future subventions.
(c)  Bring an action against the district, or the counties or cities supporting the district, to recover the subvention paid that fiscal year.
(d)  Assume the powers of the district after it has held a public hearing upon a 45-day written notice given to the basinwide air pollution control council, if there is such a council, and to the affected districts.
(Amended by Stats. 1981, Ch. 982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39809.

39809. The state board may allocate to itself sufficient moneys to administer the subvention program under this chapter and to conduct reviews authorized by Section 39808.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39810.

39810. Any moneys not otherwise subvened or allocated by the state board pursuant to this chapter may be used for supplemental subventions, upon application, up to a one-to-one matching basis or, in the state board’s discretion, for any other purpose related to the control of nonvehicular sources. Matching supplemental subventions having unusual merit shall be given preference over expenditures for other purposes. In making supplemental subventions, the state board may consider federal grants received by the applicant and by other districts.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 5 - Air Pollution Control Subvention Program › Section 39811.

39811. Any moneys appropriated to the state board for expenditure under this chapter not allocated during the fiscal year shall revert to the General Fund.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 7 - Expedited Air Quality Improvement Program for Electrical Generation › Section 39910.

39910. The Legislature finds and declares that it is in the interests of the people of the State of California to ensure that the state board establish a unified, coordinated, and expedited process for districts to retrofit electrical generating facilities in a manner that protects public health and the environment and that complies fully with applicable federal and state statutes and regulations.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. Effective May 22, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 7 - Expedited Air Quality Improvement Program for Electrical Generation › Section 39915.

39915. On or before July 1, 2002, the state board, in consultation with air quality management districts, air pollution control districts, and the Independent System Operator, shall establish a schedule for the retrofit of electric generation facilities pursuant to retrofit criteria and procedures established under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) or this division. The schedule shall require completion of any mandated retrofits by December 31, 2004, or such later date as the state board, in consultation with the Independent System Operator, air pollution control districts, air quality management districts, and the owners and operators of electrical generating facilities determines is necessary to maintain electric system reliability. Nothing in this section is intended to require the retrofit of a generation facility that could not be required to be retrofitted by an air quality management district or air pollution control district under the law in effect on the effective date of the act adding this chapter during the 2001-02 First Extraordinary Session. The state board shall suspend the deadline for the completion of a retrofit of an electrical generation unit scheduled pursuant to this section if it determines all of the following:
(a)  The owner of the generation unit proposes to replace or repower the generation unit in a manner that complies with all applicable laws and regulations.
(b)  The owner has filed the necessary applications for permits for such replacement or repower prior to the suspension of the deadline for the completion of the required retrofits.
(c)  The owner is diligently proceeding with the replacement or repower of the unit and the state board determines that the replacement or repower will be completed.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. Effective May 22, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 7 - Expedited Air Quality Improvement Program for Electrical Generation › Section 39920.

39920. On or before July 1, 2001, the state board shall implement a program for tracking the emission reduction credits made available by the program required under Section 39915, and for facilitating the banking, trading, and purchasing of those credits in order to expedite the construction of new, clean generating facilities in the state. The state board shall establish criteria for the development of a state emission reduction credits bank, which shall ensure that a specified percentage of emission reduction credits created pursuant to section 39915 be contributed to the bank for the purpose of making emission reduction credits available for new, clean generation capacity.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 1. Effective May 22, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 8 - Remote Sensing Pilot Program › Section 39940.

39940. (a) The state board shall implement a pilot program to determine emissions from locomotives, using wayside remote sensing devices. The objectives of the pilot program are to determine whether remote sensing devices can accurately and replicably determine, with a reasonable level of precision:
(1) The levels of nitrogen oxides, particulate matter, and carbon monoxide emissions from locomotives.
(2) Whether a locomotive is subject to tier 0, 1, or 2 federal certification standards.
(3) Whether the measured results can be calibrated to determine whether the locomotive emissions are above or below the applicable federal emissions certification levels.
(b) The state board shall design and implement the pilot program in consultation with the advisory group established pursuant to Section 39941.
(c) The pilot program shall collect sufficient data to ensure that a representative sample of locomotives operating in the state are tested, so that there is a sufficient basis for the state board to meet the objectives and to make the determinations that are set forth in subdivision (a). Data collection shall, at a minimum, be performed under representative conditions in northern and southern California.
(Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 8 - Remote Sensing Pilot Program › Section 39941.

39941. The state board shall establish an advisory group to make recommendations to the state board regarding the design and implementation of the pilot program.
(a) The advisory group shall consist of an even number of members, not to exceed 14, as determined by the boards of the South Coast Air Quality Management District and the Sacramento Metropolitan Air Quality Management District.
(b) The advisory group shall consist of recognized experts in the field of remote sensing and locomotive engine technology, and representatives of citizen community groups, representatives of the South Coast Air Quality Management District, and representatives of the Sacramento Metropolitan Air Quality Management District. The advisory committee may also include representatives of the Union Pacific Railroad and the Burlington Northern Santa Fe Railway.
(c) The advisory group shall be appointed by the South Coast Air Quality Management District and the Sacramento Metropolitan Air Quality Management District. If the Union Pacific Railroad and Burlington Northern Santa Fe Railway choose to participate, 50 percent of the members of the advisory group shall be appointed by the Union Pacific Railroad and Burlington Northern Santa Fe Railway and 50 percent shall be appointed by the South Coast Air Quality Management District and the Sacramento Metropolitan Air Quality Management District.
(Amended by Stats. 2006, Ch. 538, Sec. 398. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 8 - Remote Sensing Pilot Program › Section 39942.

39942. The state board may contract with an independent entity to conduct the pilot program specified in Section 39940, and shall oversee the work of the independent entity. The state board shall implement the pilot program in consultation with the advisory group established pursuant to Section 39941 to review the design of the pilot program and to ensure quality control in collection, reporting, and evaluation of data.
(Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 8 - Remote Sensing Pilot Program › Section 39943.

39943. (a) On or before December 31, 2006, the state board shall submit a report to the Legislature that includes both of the following:
(1) A summary of data acquired through the pilot program.
(2) The state board’s determination as to whether the remote sensing devices can meet the objectives of the pilot program stated in Section 39940.
(b) If the state board determines that remote sensing devices can be expected to meet objectives of the pilot program stated in Section 39940 to an extent reasonably sufficient to allow the state board to make the following projections and recommendations, the report shall also include both of the following:
(1) To the extent feasible, a projection of the amount, location, and timing of emission reductions that could be expected from the use of remote sensing devices to identify locomotives to be repaired or maintained.
(2) A projection of the cost to deploy, maintain, and use data from, a system of remote sensing devices in areas of high priority in the state, as determined by the state board, recommendations regarding the funding of such a program, and the expected cost-effectiveness of such a program compared to other opportunities for air quality improvement in the covered areas.
(Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 8 - Remote Sensing Pilot Program › Section 39944.

39944. The South Coast Air Quality Management District, the Union Pacific Railroad, and the Burlington Northern Santa Fe Railway shall each reimburse the state board for its costs of implementing the pilot program established pursuant to this chapter. The Union Pacific Railroad and the Burlington Northern Santa Fe Railway shall reimburse the state board for 25 percent of those costs, but the reimbursement shall not to exceed a total of two hundred thousand dollars ($200,000) for both railroads. The South Coast Air Quality Management District shall reimburse the state board for the balance of the costs of implementing the pilot program, but the reimbursement shall not exceed a total of three hundred thousand dollars ($300,000). Funds provided by the Union Pacific Railroad and Burlington Northern Santa Fe Railway shall be used only to reimburse the state board for the costs of planning, implementing, evaluating, and reporting the results of, the pilot program as it relates to the testing of locomotives operated by those railroads.
(Added by Stats. 2005, Ch. 574, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 1 - General Provisions › Section 40000.

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.
(Repealed and added by Stats. 1975, Ch. 957.)