reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39683.

39683. (a) As part of implementing this chapter, if the state board determines there are constraints to applying the requirements to each incentive program that is subject to this chapter, the state board may delay or suspend the implementation of the requirements of this chapter that are not feasible and shall reevaluate the feasibility of implementing those requirements.
(b) In determining whether there are any constraints to implementation, the state board may consider consistency with the statutory goals of the incentive program to reduce air pollution or emissions of greenhouse gases.
(c) If the state board determines that there are constraints preventing the application of the requirements of Article 2 (commencing with Section 39690) to an incentive program, the state board shall notify the Legislature, on or before January 1, 2023, with a written report, submitted in accordance with Section 9795 of the Government Code, of findings and constraints, and possible remedies that would eliminate the constraints in question.
(d) Except as otherwise provided in this section, the state board or administering agency shall implement the requirements of this chapter beginning with the 2022–23 fiscal year and each fiscal year thereafter.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39684.

39684. Beginning with the 2022–23 fiscal year, and each fiscal year thereafter, this chapter applies to incentive programs that support the purchase of new drayage and short-haul trucks and that receive funding from, or are administered by, the state board, as applicable, including all of the following:
(a) An incentive program funded by any of the following funds:
(1) The Greenhouse Gas Reduction Fund.
(2) The Air Quality Improvement Fund.
(3) The Carl Moyer Memorial Air Standards Attainment Trust Fund.
(4) The Air Pollution Control Fund.
(b) An incentive program funded wholly or partially by the state board, including, but not limited to, all of the following:
(1) The Truck Loan Assistance Program under subdivision (c) of Section 44274.
(2) A local or regional incentive program.
(3) A public-private partnership.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39685.

39685. This chapter establishes baseline standards, job quality standards, and a structure for eligibility to participate in incentive programs for the purchase of new drayage or short-haul trucks. This chapter applies the standards to fleet purchasers of new vehicles for drayage and short-haul trucking services within the state. The standards do not apply to other fleet purchases for operations outside of this scope.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39686.

39686. (a) The state board may evaluate an allegation regarding a violation of the standards set forth in Article 2 (commencing with Section 39690).
(b) The state board shall develop an internet website that displays public information from fleet purchasers that receive an incentive subject to this chapter regarding their disclosures and attestations required pursuant to Section 39690. Information disclosed pursuant to subdivision (aq) of Section 1095 of the Unemployment Insurance Code to the state board shall not be redisclosed on the state board’s internet website or otherwise be disclosed to the public, consistent with federal laws and regulations.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39687.

39687. (a) The state board or the administering agency shall require that fleet purchasers receiving an incentive sign contracts conditioning any incentive received on compliance with this chapter.
(b) The contract entered into pursuant to subdivision (a) shall state a timeframe for fleet purchasers’ compliance with standards under this chapter, that includes the application process and a multiyear period after receiving the incentive of at least three years or the duration of the loan, grant, or incentive received, whichever is longer.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39688.

39688. (a) If, at any point during the term of the contract entered into pursuant to Section 39687, an administering agency or the state board finds that a fleet purchaser that received an incentive was in violation of the standards set forth in Article 2 (commencing with Section 39690) during any portion of the term of the contract entered into pursuant to Section 39687, or that the fleet purchaser failed to make correct and accurate disclosures required under Section 39690, the fleet purchaser is in breach of the contract and shall be liable for the repayment of any incentive for which the contract entered into under Section 39687 was still in effect during the time period that the fleet purchaser was out of compliance. The time period shall include the claim period of any judgment issued against the fleet purchaser for an applicable law violation, along with any other period identified by the administering agency or the state board.
(b) The contract remedies specified in this section shall also bind the fleet purchaser’s successors or assignees. The state board or the agency administering the incentive program may require that a successor or assignee repay any incentives received by fleet purchasers.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 1 - General Provisions and Definitions › Section 39689.

39689. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 2 - Fleet Purchaser Labor Standards › Section 39690.

39690. (a) Beginning with the 2022–23 fiscal year, and each fiscal year thereafter, a fleet purchaser of new drayage and short-haul trucks is eligible to participate in an incentive program subject to this chapter if it can demonstrate that it does not have any applicable law violation at the time of applying for the incentive, is not on the list maintained by the Division of Labor Standards Enforcement under Section 2810.4 of the Labor Code, and attests it will retain direct control over the manner and means for performance of any individual using or driving the vehicle.
(b) In order to comply with subdivision (a), a fleet purchaser shall attest in writing to all of the following:
(1) That it does not have any applicable law violations at the time of applying for the incentive.
(2) That it will maintain compliance with applicable laws for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer.
(3) That it will retain direct control over the manner and means for performance of any individual using or driving the vehicle for at least three years from the date of application for incentives or the duration of the incentive agreement, whichever is longer.
(c) A fleet purchaser that receives an incentive as a grant, loan, or other form of agreement shall, on a yearly basis, for the life of the contract entered into pursuant to Section 39687, disclose or provide to the state board all of the following:
(1) An attestation in writing that it has done both of the following:
(A) Maintained compliance with applicable laws and does not have any applicable law violations.
(B) Maintained direct control of the individuals operating the vehicle, and maintained full ownership and operational control of the vehicle.
(2) A copy of any judgments, rulings, citations, decisions, orders, or awards finding that the fleet purchaser or any parent company or subsidiary or other commonly controlled entity has applicable law violations as of the date of the disclosure made pursuant to this subdivision.
(3) A list of all operating authorities under which the vehicle purchased will be or was operated.
(4) A certification that the fleet purchaser has completed all required maintenance and upkeep on the vehicle purchased with the incentive.
(d) A fleet purchaser that is on the list maintained by the Division of Labor Standards Enforcement under Section 2810.4 of the Labor Code is not eligible to participate in an incentive program subject to this chapter.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 2 - Fleet Purchaser Labor Standards › Section 39691.

39691. (a) A third party may report to the state board that a purchaser or entity operating a drayage truck has failed to provide a truthful attestation as required by Section 39690 or has failed to maintain compliance with the applicable laws required for the time period specified in Section 39690. The third party shall provide documentation to substantiate their allegation before the state board considers it. The state board shall collaborate with relevant agencies to evaluate the report.
(b) The state board shall retain attestations and disclosures made pursuant to Section 39690 for the full ownership period required by the incentive contract.
(Added by Stats. 2021, Ch. 748, Sec. 4. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 2 - Fleet Purchaser Labor Standards › Section 39692.

39692. A fleet purchaser shall be in breach of any contract entered into pursuant to Section 39687 that is in effect and shall be out of compliance with this section if, during the term of the contract, the fleet purchaser uses a vehicle in its operations for which it has previously received an incentive and the vehicle is not under the full ownership and operational control of the fleet purchaser.
(Amended by Stats. 2022, Ch. 28, Sec. 96. (SB 1380) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3.6 - Labor Standards › ARTICLE 2 - Fleet Purchaser Labor Standards › Section 39693.

39693. (a) For purposes of this chapter, a fleet purchaser excludes a rental or leasing entity.
(b) A lessee of a vehicle that was purchased using an incentive subject to this chapter shall comply with the requirements applicable to a fleet purchaser pursuant to Section 39690.
(c) A rental or leasing entity that purchases vehicles for use in fleet operations using an incentive program subject to this chapter shall notify lessees of these vehicles with lease terms of greater than one year that the lessee is required to comply with the requirements applicable to fleet purchasers pursuant to Section 39690.
(d) An agreement to lease a vehicle purchased using an incentive subject to this chapter is equivalent to the attestations described in subdivisions (a) and (b) of Section 39690.
(e) A lessee of a vehicle that was purchased using an incentive subject to this chapter shall, for the life of the lease, comply with requirements applicable to a fleet purchaser pursuant to subdivision (c) of Section 39690 and shall provide to the state board all information and disclosures required by that section.
(f) If the state board determines, upon investigation, that a fleet purchaser and rental or leasing entity entered into a rental agreement of less than one year for the express purpose of circumventing this chapter, the fleet purchaser and rental or leasing entity are subject to penalties as described in subdivision (a) of Section 39688.
(g) (1) A lessee of a vehicle that was purchased using an incentive subject to this chapter is in violation of this chapter if, at any time during the term of the operative lease, any of the following apply to the lessee:
(A) The lessee has been in violation of any applicable law.
(B) The lessee appears on the list maintained by the Division of Labor Standards Enforcement pursuant to Section 2810.4 of the Labor Code.
(C) The lessee fails to retain direct control over the manner and means for performance of any individual using or driving the vehicle.
(D) The lessee fails to make accurate and truthful attestations as required under Section 39690 and this section.
(2) A lessee who is in violation of this chapter is subject to a civil penalty in the amount of any incentive received by the rental or leasing entity related to the vehicle leased, prorated to the term of that lease.
(Added by Stats. 2022, Ch. 213, Sec. 2. (AB 2737) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4 - Research › Section 39701.

39701. The state board shall coordinate and collect research data on air pollution, including, but not limited to, all of the following:
(a)  Research relating to specific problems in the following areas:
(1)  Motor vehicle emissions control, including alternative propulsion systems, cleaner burning fuels, and improved motor vehicle pollution control devices.
(2)  Control of nonvehicular emissions.
(3)  Control of specific contaminants to meet ambient air quality standards.
(4)  Atmospheric chemistry and physics.
(5)  Effects of air pollution on human health and comfort, plants and animals, and reduction in visibility.
(6)  Instrumentation development.
(7)  Economic and ecological analysis.
(8)  Mathematical model development.
(9)  Trends in atmospheric quality throughout the state.
(10)  Alternatives to agricultural burning.
(b)  The consequences of various alternative solutions to specific air pollution problems.
(c)  The identification of knowledge gaps.
(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 4 - Research › Section 39703.

39703. The state board shall administer and coordinate all air pollution research funded, in whole or in part, with state funds. In discharging its responsibilities, the state board has all of the following duties and powers:
(a)  Establish applied research objectives.
(b)  Receive and review all air pollution research proposals.
(c)  Recommend the initiation of specific air pollution research projects.
(d)  Award contracts for air pollution research projects.
(e)  Establish the administrative and review procedures necessary to carry out this section.
(f)  Collect, validate, and disseminate educational information relating to air pollution.
(Amended by Stats. 1984, Ch. 902, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4 - Research › Section 39704.

39704. In awarding contracts for the conduct of air pollution research, the state board shall consider the capability of the University of California and the California State University to mount a comprehensive program of research to seek solutions to air pollution problems and the ability of those universities through their respective campuses to mobilize a comprehensive research program for this purpose.
(Amended by Stats. 2017, Ch. 26, Sec. 69. (SB 92) Effective June 27, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4 - Research › Section 39705.

39705. (a) The state board shall appoint a screening committee of not to exceed 11 persons, the membership of which may be rotated as determined by the state board.
(b) The committee shall consist of physicians, scientists, biologists, chemists, engineers, meteorologists, and other persons who are knowledgeable, technically qualified, and experienced in air pollution problems for which projects are being reviewed. At least two members of the committee shall have demonstrated expertise in the field of climate change. The committee shall review, and give its advice and recommendations with respect to, all air pollution and climate change-related research projects funded by the state and subject to approval by the state board, including both those conducted by the state board and those conducted under contract with the state board.
(c) The committee members shall receive one hundred dollars ($100) per day for each day they attend a meeting of the state board or meet to perform their duties under this section. In addition to the compensation, they shall receive their actual and necessary travel expenses incurred while performing their duties.
(Amended by Stats. 2008, Ch. 691, Sec. 1. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4 - Research › Section 39706.

39706. The fees deposited in the Air Pollution Control Fund pursuant to Section 41853.5 are hereby continuously appropriated to the state board for research and development of a cotton gin trash incinerator heat exchanger or other device for the disposal of solid waste which is produced from the ginning of cotton, consistent with emission standards set by a district board or the state board. The state board shall consult with the Solid Waste Management Board prior to awarding a contract for, or conducting, such research and development. If the state board determines that such a device is available or that further expenditures for such purposes would not contribute meaningfully to their development, the fees shall be utilized in accordance with the provisions of Section 43014.
(Added by Stats. 1976, Ch. 1216.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39710.

39710. For purposes of this chapter, “fund” means the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(Amended by Stats. 2013, Ch. 76, Sec. 117. (AB 383) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39711.

39711. (a) The California Environmental Protection Agency shall identify disadvantaged communities for investment opportunities related to this chapter. These communities shall be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following:
(1) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation.
(2) Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment.
(b) The California Environmental Protection Agency shall hold at least one public workshop prior to the identification of disadvantaged communities pursuant to this section.
(c) Chapter 3.5 (commencing with Section 11340) of the Part 1 of Division 3 of Title 2 of the Government Code does not apply to the identification of disadvantaged communities pursuant to this section.
(Amended by Stats. 2014, Ch. 36, Sec. 5. (SB 862) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39713.

39713. (a) The investment plan developed and submitted to the Legislature pursuant to Section 39716 shall allocate a minimum of 25 percent of the available moneys in the fund to projects located within the boundaries of, and benefiting individuals living in, communities described in Section 39711.
(b) The investment plan shall allocate a minimum of 5 percent of the available moneys in the fund to projects that benefit low-income households or to projects located within the boundaries of, and benefiting individuals living in, low-income communities located anywhere in the state.
(c) The investment plan shall allocate a minimum of 5 percent of the available moneys in the fund either to projects that benefit low-income households that are outside of, but within one-half mile of, communities described in Section 39711, or to projects located within the boundaries of, and benefiting individuals living in, low-income communities that are outside of, but within one-half mile of, communities described in Section 39711.
(d) For purposes of this section, the following definitions shall apply:
(1) “Low-income households” are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.
(2) “Low-income communities” are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.
(e) Moneys allocated pursuant to one subdivision of this section do not count toward the minimum requirements of any other subdivision of this section.
(Amended by Stats. 2017, Ch. 561, Sec. 121. (AB 1516) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39715.

39715. (a) The state board, in consultation with the California Environmental Protection Agency shall develop funding guidelines for administering agencies that receive appropriations from the fund to ensure the requirements of this chapter are met. The guidelines shall include a component for how administering agencies should maximize benefits for disadvantaged communities, as described in Section 39711.
(b) The state board shall provide an opportunity for public input prior to finalizing the guidelines.
(c) Chapter 3.5 (commencing with Section 11340) of the Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines developed pursuant to this section.
(Amended by Stats. 2014, Ch. 36, Sec. 6. (SB 862) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39718.

39718. (a) Moneys in the fund shall be appropriated through the annual Budget Act consistent with the investment plan developed and submitted pursuant to Section 39716.
(b) Upon appropriation, moneys in the fund shall be available to the state board and to administering agencies for administrative purposes in carrying out this chapter.
(c) Any repayment of loans, including interest payments and all interest earnings on or accruing to any moneys, resulting from implementation of this chapter shall be deposited in the fund for purposes of this chapter.
(Amended by Stats. 2013, Ch. 76, Sec. 120. (AB 383) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39719.1.

39719.1. (a) Of the amount loaned from the fund to the General Fund pursuant to Item 3900-011-3228 of Section 2.00 of the Budget Act of 2013, four hundred million dollars ($400,000,000) shall be available to the High-Speed Rail Authority pursuant to subdivision (b).
(b) The portion of the loan from the fund to the General Fund described in subdivision (a) shall be repaid to the fund as necessary based on the financial needs of the high-speed rail project. Beginning in the 2015–16 fiscal year, and in order to carry out the goals of the fund in accordance with the requirements of Section 39712, the amounts of all the loan repayments, notwithstanding Section 13340 of the Government Code, are continuously appropriated from the fund to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:
(1) Acquisition and construction costs of the project.
(2) Environmental review and design costs of the project.
(3) Other capital costs of the project.
(4) Repayment of any loans made to the authority to fund the project.
(Added by Stats. 2014, Ch. 36, Sec. 8. (SB 862) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39720.

39720. (a) Notwithstanding Section 10231.5 of the Government Code, the Department of Finance shall submit a report on or before March 1, 2014, and annually thereafter, to the appropriate committees of the Legislature on the status of projects funded pursuant to this part and their outcomes.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2012, Ch. 807, Sec. 2. (AB 1532) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39721.

39721. For the report prepared pursuant to Section 39720, administering agencies shall report to the Department of Finance, and the Department of Finance shall include in the report, a description of how the administering agencies have fulfilled the requirements of Section 39713.
(Added by Stats. 2012, Ch. 830, Sec. 5. (SB 535) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.1 - Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act › Section 39723.

39723. Nothing in this chapter shall be construed as resulting in any taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution.
(Added by Stats. 2012, Ch. 830, Sec. 6. (SB 535) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39730.

39730. (a) Notwithstanding Sections 38550 and 38551, no later than January 1, 2016, the state board shall complete a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state. In developing the strategy, the state board shall do all of the following:
(1) Complete an inventory of sources and emissions of short-lived climate pollutants in the state based on available data.
(2) Identify research needs to address any data gaps.
(3) Identify existing and potential new control measures to reduce emissions.
(4) Prioritize the development of new measures for short-lived climate pollutants that offer cobenefits by improving water quality or reducing other air pollutants that impact community health and benefit disadvantaged communities, as identified pursuant to Section 39711.
(5) Coordinate with other state agencies and districts to develop measures identified as part of the comprehensive strategy.
(b) As part of the strategy developed pursuant to subdivision (a), the state board shall consult with experts in academia, industry, and the community on short-lived climate pollutants. The topics shall include, but not be limited to, all of the following:
(1) Assessment of the current status of controls that directly or indirectly reduce emissions of short-lived climate pollutants in the state.
(2) Identification of opportunities and challenges for controlling emissions.
(3) Recommendations to further reduce emissions.
(c) To provide a forum for public engagement, the state board shall hold at least one public workshop during the development of the strategy required pursuant to subdivision (a).
(d) For purposes of this section, “short-lived climate pollutant” means an agent that has a relatively short lifetime in the atmosphere, from a few days to a few decades, and a warming influence on the climate that is more potent than that of carbon dioxide.
(e) This section does not affect the existing authority of a state agency to adopt and implement rules and regulations that result in the reduction of greenhouse gas emissions or short-lived climate pollutants to the extent authorized or required by existing law.
(Added by Stats. 2014, Ch. 523, Sec. 1. (SB 605) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39730.5.

39730.5. (a) No later than January 1, 2018, the state board shall approve and begin implementing the comprehensive short-lived climate pollutant strategy developed pursuant to Section 39730 to achieve a reduction in the statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030.
(b) Prior to approving the short-lived climate pollutant strategy pursuant to subdivision (a), the state board shall do all of the following:
(1) Coordinate with other state and local agencies and districts to develop measures identified as part of the strategy.
(2) Provide a forum for public engagement by holding at least three public hearings in geographically diverse locations throughout the state.
(3) Evaluate the best-available scientific, technological, and economic information to ensure that the strategy is cost effective and technologically feasible.
(4) Incorporate and prioritize, as appropriate, measures and actions that provide the following cobenefits:
(A) Job growth and local economic benefits in the state.
(B) Public health benefits.
(C) Potential for new innovation in technology, energy, and resource management practices.
(c) The state board shall publicly notice the strategy described in subdivision (a) and post a copy of that strategy on the state board’s Internet Web site at least one month prior to the state board approving the strategy pursuant to subdivision (a).
(Added by Stats. 2016, Ch. 395, Sec. 2. (SB 1383) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39730.6.

39730.6. (a) Consistent with Section 39730.5, methane emissions reduction goals shall include the following targets to reduce the landfill disposal of organics:
(1) A 50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020.
(2) A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
(b) Except as provided in this section and Section 42652.5 of the Public Resources Code, the state board shall not adopt, prior to January 1, 2025, requirements to control methane emissions associated with the disposal of organic waste in landfills other than through landfill methane emissions control regulations.
(Added by Stats. 2016, Ch. 395, Sec. 3. (SB 1383) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39730.8.

39730.8. (a) For purposes of this section, the following terms have the following meanings:
(1) “Commission” means the Public Utilities Commission.
(2) “Energy commission” means the State Energy Resources Conservation and Development Commission.
(3) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.
(b) The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:
(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).
(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.
(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.
(5) The strategy.
(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.
(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.
(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
(Added by Stats. 2016, Ch. 395, Sec. 5. (SB 1383) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39731.

39731. The state board shall do all of the following:
(a) Undertake, in consultation with districts that monitor methane, monitoring and measurements of high-emission methane hot spots in the state using the best available and cost-effective scientific and technical methods.
(b) Consult with federal and state agencies, independent scientific experts, and any other appropriate entities to gather or acquire the necessary information for the purpose of carrying out a life-cycle greenhouse gas emission analysis of natural gas produced and imported into the state using the best available and cost-effective scientific and technical methods.
(c) Update relevant policies and programs to incorporate the information gathered and acquired pursuant to subdivisions (a) and (b).
(d) Review, in consultation with independent scientific experts, the most recent available scientific data and reports on the atmospheric reactivity of methane as a precursor to the formation of photochemical oxidants.
(Added by Stats. 2015, Ch. 604, Sec. 2. (AB 1496) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39733.

39733. (a) The Woodsmoke Reduction Program is hereby established to be developed and administered by the state board, in coordination with districts, to promote the voluntary replacement of old, uncertified wood-burning stoves with cleaner burning and more energy-efficient alternatives in order to achieve short- and long-term climate benefits and localized public health benefits. The program shall include all of the following:
(1) Replacement of older, less efficient, uncertified wood-burning devices, including, but not limited to, woodstoves and wood inserts, with cleaner burning, more efficient home heating alternatives.
(2) Prioritizing using incentive moneys on the most efficient, nonwood-burning devices, including, but not limited to, heat pumps and solar, electric, and natural gas heaters.
(3) Prioritizing the cleanest and best available technologies if nonwood alternatives are infeasible or cost prohibitive, including education on proper burn practices to reduce emissions when wood is used.
(4) Opportunities for demonstrating and providing information about the cleanest residential heating technologies as part of outreach efforts.
(5) Requirements for the professional installation of new devices being changed out in order to maximize energy efficiency and minimize emissions.
(b) Moneys for the program shall be available to the state board, upon appropriation by the Legislature, including, but not limited to, moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(Added by Stats. 2017, Ch. 671, Sec. 2. (SB 563) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 4.2 - Global Warming › Section 39736.

39736. (a) The state board shall post an assessment on its internet website by January 1, 2025, specifying how to transition the state’s economy, by sector, away from hydrofluorocarbons and to ultra-low GWP or no-GWP alternatives no later than 2035 through maximizing recovery and reclamation and increasing adoption of new low and ultra-low GWP alternative refrigerants.
(b) The assessment prepared pursuant to subdivision (a) shall include all of the following:
(1) A list of all existing sources of incentives for reducing hydrofluorocarbon emissions to the levels specified in Section 39730.5, and whether the required global warming potential of the technology supported in these incentive programs should be lowered.
(2) (A) Proposals for additional incentives, safety testing, and demonstration projects that may be needed to aid the state in transitioning away from hydrofluorocarbons, in increasing availability and access to low GWP, ultra-low GWP, or no-GWP refrigerant technologies available in other countries in the California market, and in increasing refrigerant recovery and reclamation in California.
(B) The safety testing described in subparagraph (A) shall include any safety testing needed to assess proposals to update safety standards and codes for design and use of equipment using low or ultra-low GWPs. The state board may consult with expert agencies and organizations in carrying out this subparagraph.
(3) Suggested legislative or regulatory changes necessary to transition away from hydrofluorocarbons.
(4) Recommendations on any interim steps required to fully transition to ultra-low GWP or no-GWP alternatives, including recommendations for how to establish a robust reclamation system for hydrofluorocarbons with higher global warming potentials. The State Energy Resources Conservation and Development Commission shall conduct an analysis of issues preventing high levels of hydrofluorocarbon reclamation today, which shall include an analysis of the reverse supply chain and interviews with appliance technicians servicing appliances using hydrofluorocarbons in the state and with refrigerant distributors and wholesalers to identify fundamental barriers to reclaiming refrigerant.
(5) Workforce training and certification recommendations to grow the workforce of technicians capable of handling ultra-low GWP or no-GWP alternatives and servicing the new appliances that use these refrigerants.
(c) For purposes of this section, the following definitions apply:
(1) “Global warming potential” or “GWP” has the same meaning as defined in Section 39735.
(2) “Low GWP” means GWP of less than 150.
(3) “Ultra-low GWP” means GWP of less than 10.
(Added by Stats. 2022, Ch. 884, Sec. 3. (SB 1206) 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 1 - Natural and Working Lands › Section 39740.1.

39740.1. For purposes of this chapter, the following definitions apply:
(a) “Natural and working lands-based carbon sequestration” means sustainable resource management practices, changes in land use, preservation of natural resources, fuel reduction or prescribed fire activities, and other practices that result in the long-term removal, capture, or sequestration of carbon dioxide from the atmosphere to slow or reverse atmospheric carbon dioxide pollution and to mitigate or reverse global warming.
(b) “Natural lands” has the same meaning as in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code.
(c) “Registry” means the California Carbon Sequestration and Climate Resiliency Project Registry established pursuant to Section 39740.3.
(d) “Whole orchard recycling” means the onsite grinding or chipping of whole trees during orchard removal, and incorporation of the ground or chipped biomass into the topsoil prior to replanting.
(e) “Working lands” has the same meaning as in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.
(Amended by Stats. 2022, Ch. 117, Sec. 1. (AB 2101) 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 1 - Natural and Working Lands › Section 39740.2.

39740.2. (a) No later than July 1, 2023, the Natural Resources Agency, in coordination with the California Environmental Protection Agency, the state board, the Department of Food and Agriculture, and other relevant state agencies, shall establish the Natural and Working Lands Climate Smart Strategy. In developing this strategy, the agencies shall do all of the following:
(1) Create a framework to advance the state’s climate goals.
(2) Consider, based on the best available estimates, how increasing fire risk, warming temperatures, decreasing precipitation, and other climate change impacts will affect the ability of the state to sequester carbon on natural and working lands.
(3) Support the economic and resource value of the lands and consider multiple benefits.
(4) Support pathways for sectors, such as agriculture and forestry, to participate in the transition to a carbon neutrality economy.
(5) Collect public feedback and conduct outreach.
(6) Seek to align funding mechanisms to advance the strategy.
(b) The state board, as part of its scoping plan prepared pursuant to Section 38561, shall establish carbon dioxide removal targets for 2030 and beyond, and shall take into consideration the Natural and Working Lands Climate Smart Strategy, science-based data, cost-effectiveness, and technological feasibility in setting the targets pursuant to this subdivision. The state board shall consider a range of targets, including those in line with the special report prepared by the United Nations’ Intergovernmental Panel on Climate Change (IPCC) entitled “Global Warming of 1.5 degrees Celsius,” issued October 6, 2018, and leading carbon removal commitments globally, as well as recent and emerging research on carbon dioxide removal potential in California and market and technology conditions.
(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 39740.3.

39740.3. (a) No later than July 1, 2023, the Natural Resources Agency shall establish and maintain a registry called the California Carbon Sequestration and Climate Resiliency Project Registry for purposes of identifying and listing projects in the state that drive climate action on the state’s natural and working lands and are seeking funding from state agencies or private entities. Carbon sequestration projects listed on the registry may include natural and working lands-based carbon sequestration projects, whole orchard recycling projects, and direct air capture projects. The Natural Resources Agency shall consider the environmental and public health impacts of a direct air capture project before adding the project to the registry.
(b) The Natural Resources Agency may provide a mechanism for entities to search the registry based on the criteria specified in subparagraphs (A) to (F), inclusive, of paragraph (4) of subdivision (a) of Section 39740.5.
(Amended by Stats. 2022, Ch. 117, Sec. 2. (AB 2101) 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 1 - Natural and Working Lands › Section 39740.4.

39740.4. Beginning on the date the registry is established pursuant to Section 39740.3, projects that have applied for funding from one of the state programs funded from the Greenhouse Gas Reduction Fund, or any state program that funds natural and working lands-based carbon sequestration, and that meet minimum program requirements, established by the state board, to ensure they provide carbon removal benefits, but which did not receive funding from the state because of limited availability of funds, may be listed on the registry.
(Added by Stats. 2021, Ch. 237, Sec. 1. (SB 27) Effective January 1, 2022.)