reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 1 - General Provisions › Section 40001.

40001. (a)  Subject to the powers and duties of the state board, the districts shall adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by emission sources under their jurisdiction, and shall enforce all applicable provisions of state and federal law.
(b)  The district rules and regulations may, and at the request of the state board shall, provide for the prevention and abatement of air pollution episodes which, at intervals, cause discomfort or health risks to, or damage to the property of, a significant number of persons or class of persons.
(c)  Prior to adopting any rule or regulation to reduce criteria pollutants, a district shall determine that there is a problem that the proposed rule or regulation will alleviate and that the rule or regulation will promote the attainment or maintenance of state or federal ambient air quality standards.
(d)  (1)  The district rules and regulations shall include a process to approve alternative methods of complying with emission control requirements that provide equivalent emission reductions, emissions monitoring, or recordkeeping.
(2)  A district shall allow the implementation of alternative methods of emission reduction, emissions monitoring, or recordkeeping if a facility demonstrates to the satisfaction of the district that those alternative methods will provide equivalent performance. Any alternative method of emission reduction, emissions monitoring, or recordkeeping proposed by the facility shall not violate other provisions of law.
(3)  If a district rule specifies an emission limit for a facility or system, the district shall not set operational or effectiveness requirements for any specific emission control equipment operating on a facility or system under that limit. Any alternative method of emission reduction, emissions monitoring, or recordkeeping proposed by the facility shall include the necessary operational and effectiveness measurement elements that can be included as permit conditions by the district to ensure compliance with, and enforcement of, the equivalent performance requirements of paragraphs (1) and (2). Nothing in this subdivision limits the district’s authority to inspect a facility’s equipment or records to ensure operational compliance. This paragraph shall apply to existing rules and facilities operating under those rules.
(Amended by Stats. 1996, Ch. 442, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 1 - General Provisions › Section 40002.

40002. (a)  There is continued in existence and shall be, in every county, a county district, unless the entire county is included within the Antelope Valley district, the bay district, the Mojave Desert district, the south coast district, the Sacramento Metropolitan Air Quality Management District, the San Joaquin Valley Air Quality Management District, if that district is created, a regional district, or a unified district.
(b)  If only a part of the county is included within the Antelope Valley district, the bay district, the south coast district, the Mojave Desert district, the San Joaquin Valley Air Quality Management District, if that district is created, a regional district, or a unified district, there is in that part of the county not included within any of those districts a county district, for which different air quality rules and regulations may be required.
(Amended by Stats. 2000, Ch. 729, Sec. 3. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 1 - General Provisions › Section 40004.

40004. A district may sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution.
(Added by Stats. 2011, Ch. 586, Sec. 1. (SB 170) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 1 - General Provisions › Section 40006.

40006. (a) A district may send electronically instead of by mail a public notice required pursuant to this division.
(b) A district shall send a public notice by mail to any person who has requested the notices to be sent by mail.
(c) If a district does send a public notice electronically pursuant to subdivision (a), the district board shall adopt, and update as needed, procedures for a person to request public notices to be sent by mail and to update an electronic mail address.
(Added by Stats. 2018, Ch. 59, Sec. 2. (SB 1502) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 1 - Administration › Section 40100.

40100. (a) Except as provided in Sections 40100.5 and 40100.6, a county board of supervisors shall be ex officio the county district board of the county.
(b) The section shall become operative on March 1, 2021.
(Repealed (in Sec. 2) and added by Stats. 2019, Ch. 744, Sec. 3. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 1 - Administration › Section 40100.7.

40100.7. (a)  Section 40100.5 shall not apply to a county district if each city in the county consents, by the adoption of an ordinance or resolution, to the exclusion of the county district from the requirements of Section 40100.5.
(b)  Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the county to exclude the county district from the requirements of Section 40100.5, if requested by a majority of the cities in the county, the county district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the county. The members shall be selected by the city selection committee.
(c)  Subdivision (a) shall become inapplicable, and Section 40100.5 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the county, as established by the most recent census data, have adopted resolutions requesting the application of Section 40100.5.
(Amended by Stats. 1995, Ch. 91, Sec. 80. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 1 - Administration › Section 40101.

40101. (a)  (1)  The board of supervisors of a county in which a county district is functioning may appropriate funds to the county district, which funds shall be deposited in the treasury of the county district.
(2)  All such appropriations are legal charges against the county.
(b)  A county district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with the county in which the county district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county provided to the county district prior to July 1, 1994.
(Amended by Stats. 1994, Ch. 260, Sec. 2. Effective July 21, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 1 - Administration › Section 40102.

40102. A county district which is included entirely within another district created by special law, or pursuant to Chapter 5 (commencing with Section 40300), shall cease to function and exercise its powers upon the date the other district commences to function and exercise its powers.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 1 - Administration › Section 40103.

40103. When a county district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5 (commencing with Section 40300), the regional district shall succeed to all the funds, property, and obligations of the county district.
Where the county district is included within two or more such regional districts, the funds, property, and obligations of the county district shall be apportioned to the regional districts as agreed upon by the regional districts and county district.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 1 - Administration › Section 40104.

40104. Notwithstanding any other provision of law, a county may delegate air pollution rulemaking and enforcement duties to a duly created joint powers authority established for air pollution control purposes of which the county is a member.
(Added by Stats. 1991, Ch. 1201, Sec. 6. Conditionally operative by Sec. 1 of Ch. 1201, as amended by Stats. 1992, Ch. 765.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40120.

40120. All county officers and employees shall be ex officio officers and employees, respectively, of the county district in the county by which they are employed.
Except as otherwise provided in this division, they shall perform, without additional compensation, for the county district such duties as they perform for the county.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40121.

40121. In fixing compensation to be paid to a person subject to the civil service provisions of this article, the county district board shall provide a salary or wage equal to the salary or wage paid to a county employee for the same quality of service.
This section shall be operative only in a county which is operating under a freeholders’ charter which requires that, in the fixing of salaries or wages for persons employed by the county subject to the civil service system of the county, the board of supervisors shall provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered by private persons under similar employment in case such prevailing salary or wage can be ascertained.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40122.

40122. All officers and employees of a county district are entitled to the benefits of the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450), Part 3, Division 4, Title 3 of the Government Code) to the same extent as employees of the county.
A county district is a district as defined in Section 31468 of the Government Code.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40123.

40123. If any person is employed by a county district after certification without examination by the civil service commission or similar body because of his employment in a position of similar duties by the county or by a city within the county district, the time such person was employed in such county or city position shall be considered as time such person was employed by the county district in determining his retirement benefits and salary.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40124.

40124. In any county having a system of civil service, the county district board shall, nevertheless, appoint the members of the county district hearing board and the air pollution control officer, and the air pollution control officer shall appoint all other officers and employees of the county district pursuant to that system, except as provided in Section 40126.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40125.

40125. Any person entitled to participate in promotional examinations for positions in the county classified civil service shall similarly be entitled to participate in promotional examinations for positions in the classified civil service of the county district, pursuant to the county civil service commission rules in effect at the time, and to be certified for such county positions by the county civil service commission, or other body performing the functions thereof, and to be appointed to such county district positions.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 2 - Officers and Employees › Section 40126.

40126. If the civil service commission, or body performing the functions thereof, in the county finds that any person has been employed by the county, or by any city within a county district, in a position the duties of which, and the qualifications for which, are substantially the same as, or are greater than and include qualifications which are substantially the same as, those of any position in the county district, the civil service commission or such other body, at the request of the air pollution control officer, may certify, without examination, such person as eligible to hold such county district position.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 3 - District Budget Adoption › Section 40130.

40130. The Legislature hereby finds and declares as follows:
(a)  It is in the public interest to ensure that districts adopt their budgets in an open process in order to educate the public of the costs and benefits of air quality improvement.
(b)  The process required by this article shall be separate from other budget processes to ensure full opportunity for the public to participate in, and comment upon, a district’s budget prior to adoption.
(c)  This process also shall provide accountability to district boards and to districts in their budget processes.
(Added by Stats. 1993, Ch. 1028, Sec. 2. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 2 - County Air Pollution Control Districts › ARTICLE 3 - District Budget Adoption › Section 40131.

40131. (a)  Each district shall adopt its annual budget in accordance with the following requirements:
(1)  The district shall prepare, and make available to the public at least 30 days prior to public hearing, a summary of its budget and any supporting documents, including, but not limited to, a schedule of fees to be imposed by the district to fund its programs.
(2)  The district shall notify each person who was subject to fees imposed by the district in the preceding year of the availability of the information described in paragraph (1).
(3)  (A)  The district shall notice and hold a public hearing for the exclusive purpose of reviewing its budget and of providing the public with the opportunity to comment upon the proposed district budget.
(B)  The public hearing required to be held pursuant to this paragraph shall be held separately, by a period of not less than two weeks, from the hearing at which the district adopts its budget.
(C)  In districts with a population of 1,000,000 persons or less, the hearing required under this paragraph may include other matters in addition to those required under subparagraph (A).
(b)  This article does not apply to the south coast district, which shall be governed by Article 8 (commencing with Section 40520) of Chapter 5.5.
(Amended by Stats. 2002, Ch. 132, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40150.

40150. Two or more contiguous counties, all or part of which are county districts, may merge those county districts into one unified district pursuant to this chapter.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40151.

40151. The board of supervisors of any county may, by a vote of its members, appoint two of its members to meet with an equal number appointed in a like manner from other counties and agree to form a unified district, which agreement, upon ratification by the boards of supervisors, shall create a unified district out of the county districts under their jurisdiction.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40152.

40152. (a)  On and after July 1, 1994, the membership of the governing board of each unified district, including any district formed on or after that date, shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.
(b)  The number of those members and their composition shall be determined jointly by the counties and cities within the district, and shall be approved by a majority of the counties, and by a majority of the cities which contain a majority of the population in the incorporated area of the district.
(c)  The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district.
(d)  The members of the governing board who are mayors or city council members shall be selected by a majority of the cities in the district. The members of the governing board who are county supervisors shall be selected by a majority of the counties in the district.
(e)  If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows:
(1)  In districts in which the population in the incorporated areas represents 35 percent or less of the total district population, one-fourth of the members of the governing board shall be mayors or city council members, and three-fourths shall be county supervisors.
(2)  In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.
(3)  In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.
(4)  The number of those members shall be determined as provided in subdivision (b) and the members shall be selected pursuant to subdivision (d).
(5)  For purposes of paragraphs (1) to (3), inclusive, if any number which is not a whole number results from the application of the term “one-fourth,” “one-third,” “one-half,” “two-thirds,” or “three-fourths,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.
(f)  This section does not apply to a district if the membership of the governing board of the district includes both county supervisors and mayors or city council members on June 30, 1994.
(Repealed and added by Stats. 1993, Ch. 961, Sec. 4. Effective January 1, 1994. Operative July 1, 1994, by Sec. 10 of Ch. 961.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40152.5.

40152.5. (a)  Section 40152 shall not apply to a unified district if each city in the district consents, by the adoption of an ordinance or resolution, to the exclusion of the district from the requirements of Section 40152.
(b)  Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the district to exclude the district from the requirements of Section 40152, if requested by a majority of the cities in the district, the district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the district. Each city shall select its representative to the advisory committee.
(c)  Subdivision (a) shall become inapplicable, and Section 40152 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the district, as established by the most recent census data, have adopted resolutions requesting the application of Section 40152.
(Amended by Stats. 1995, Ch. 91, Sec. 81. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40154.

40154. Each member of the unified district board shall, upon the adoption of a resolution by the unified district board, receive the actual and necessary expenses incurred in the performance of his or her duties, plus a compensation of one hundred dollars ($100) for each day attending the meetings of the unified district board or any committee of the unified district board or, upon authorization by the unified district board, while engaged in official business of the unified district, but that compensation shall not exceed three thousand six hundred dollars ($3,600) in any one year.
(Amended by Stats. 1986, Ch. 169, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40155.

40155. The boundaries of a unified district shall be the same as the boundaries of the counties of which it is comprised, or the balance of a county not included in another district, or such portion of a county as may be agreed upon.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40157.

40157. All county officers and employees of the counties entirely within the unified district, and all other county employees of the zones within the unified district where the county is not entirely therein, shall be ex officio officers and employees of the unified district only within the county in which they are employed.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40158.

40158. (a)  The board of supervisors of each county included, in whole or in part, within the unified district shall appropriate such funds as are necessary to carry out the purposes of the unified district, as determined by the unified district board, in accordance with the funding provisions specified in the agreement which created the unified district under Section 40151.
(b)  A unified district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with a county or counties in which the unified district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county or counties provided to the unified district prior to July 1, 1994.
(Amended by Stats. 1994, Ch. 260, Sec. 4. Effective July 21, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40159.

40159. (a)  All appropriations made pursuant to subdivision (a) of Section 40158 are legal charges against the county in which the board of supervisors voted the appropriation.
(b)  The treasurer of the county shall pay the amount so appropriated into the treasury of the unified district.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40160.

40160. By the agreement ratified pursuant to Section 40151 or by resolution, a county treasurer of a member county shall be designated and shall act as the unified district treasurer.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40161.

40161. When a unified district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5 (commencing with Section 40300), the regional district shall succeed to all the funds, property, and obligations of the unified district.
Where the unified district is included within two or more such regional districts, the funds, property, and obligations of the unified district shall be apportioned to the regional districts as agreed upon by the regional districts and unified district.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 3 - Unified Air Pollution Control Districts › Section 40162.

40162. Funding of the San Joaquin Valley Unified Air Pollution Control District, or, if the unified district ceases to exist, of the valley district if created pursuant to Section 5 of Chapter 915 of the Statutes of 1994, may be provided by, but is not limited to, grants, subventions, permit fees, penalties, and vehicle license fees. Notwithstanding any other provision of law, no funding contribution shall be required from the counties or cities included in the unified district or valley district.
(Amended by Stats. 2000, Ch. 890, Sec. 10. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 1 - Jurisdiction › Section 40200.

40200. A district, which is called the Bay Area Air Quality Management District, which was formerly known as the Bay Area Air Pollution Control District, is hereby continued in existence within the boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara and those portions of the Counties of Solano and Sonoma within the boundaries of the Bay Area Air Pollution Control District as it existed on January 1, 1976. Any reference to the Bay Area Air Pollution Control District shall be deemed to be a reference to the Bay Area Air Quality Management District.
(Amended by Stats. 1978, Ch. 1025.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 1 - Jurisdiction › Section 40201.

40201. The bay district shall continue to transact business and exercise its powers under this division in the counties, and portions of counties, specified in Section 40200.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 2 - City Selection Committee › Section 40210.

40210. The city selection committee organized in each county within the bay district pursuant to Article 11 (commencing with Section 50270), Chapter 1, Part 1, Division 1, Title 5 of the Government Code shall make the appointments to, and submit recommendations for appointments to, the bay district board as prescribed in Section 40221.5.
(Amended by Stats. 1976, Ch. 517.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 2 - City Selection Committee › Section 40211.

40211. Where the bay district may transact business and exercise its powers only in a portion of a county, the membership of the city selection committee of such county, for purposes of this chapter, shall consist only of the representatives from those cities within that portion of the county.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 2 - City Selection Committee › Section 40212.

40212. With regard to the city selection committee appointment to the bay district board for the City and County of San Francisco, the mayor shall make the appointment.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40220.

40220. The bay district board is the governing body of the bay district and shall exercise all the powers of the bay district.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40220.5.

40220.5. The bay district board shall be a board of directors consisting of members appointed pursuant to Section 40221.5 from each county included, in whole or in part, within the district on the basis of the population of that portion of the county, as determined by the latest estimate prepared by the Demographic Research Unit of the Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code, included within the district.
(Amended by Stats. 2019, Ch. 29, Sec. 119. (SB 82) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40221.

40221. A county with a population of 300,000 or less shall appoint one member of the bay district board; a county with a population of 750,000 or less, but more than 300,000, shall appoint two members of the bay district board; a county with a population of 1,000,000 or less, but more than 750,000, shall appoint three members of the bay district board; and a county with a population of more than 1,000,000 shall appoint four members of the bay district board.
(Added by Stats. 1976, Ch. 517.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40221.5.

40221.5. (a) The members of the bay district board shall be appointed as follows:
(1) For a county entitled to appoint one member of the bay district board, the board of supervisors shall appoint either a member of the board of supervisors or a person from a list submitted to the board of supervisors by the city selection committee of that county.
(2) For a county entitled to appoint two members of the bay district board, the city selection committee of that county shall appoint one member and the board of supervisors shall appoint the other member, which member may either be a member of the board of supervisors or a person on the list submitted to the board of supervisors by the city selection committee.
(3) For a county entitled to appoint three members of the bay district board, two members shall be appointed as provided in paragraph (2) and the third member shall be appointed by the board of supervisors and shall either be a member of the board of supervisors or a person on the list submitted to the board of supervisors by the city selection committee of that county.
(4) For a county entitled to appoint four members of the bay district board, the city selection committee of that county shall appoint two members and the board of supervisors shall appoint the other two members, either one or both of whom may be members of the board of supervisors or persons on the list submitted to the board of supervisors by the city selection committee.
(b) Any member of the bay district board appointed, and any person named on the list submitted to the board of supervisors by the city selection committee, shall be either a mayor or a city councilperson of a city in that portion of the county included within the district. The member appointed by a city selection committee pursuant to paragraph (3) of subdivision (a) or Section 40212 may designate a deputy to act on his or her behalf on the bay district board or any of its committees. The board member shall be responsible for the acts of the deputy acting in his or her official capacity on the bay district board or any of its committees under this designation.
(Amended by Stats. 2002, Ch. 1001, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40222.

40222. Each member appointed by the board of supervisors shall hold office for a term of four years and until the appointment and qualification of his successor, and each member appointed by the city selection committee shall hold office for two years and until the appointment and qualification of his successor.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40223.

40223. Any vacancy on the bay district board shall be filled by appointment in the same manner as the vacating member was appointed.
Any member of the bay district board may be removed at any time in the same manner as he was appointed. If four-fifths of the members of the board of supervisors of a county request the removal of a member appointed by the city selection committee of such county, the city selection committee of such county shall meet within 20 days to consider the removal of such member.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40224.

40224. If any member of the bay district board is recalled from his or her office as a supervisor, mayor, or city council member, pursuant to Division 11 (commencing with Section 11000) of the Elections Code, his or her office as member of the bay district board shall be vacant.
(Amended by Stats. 1994, Ch. 923, Sec. 155. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40225.

40225. No supervisor, mayor, or city council member shall hold office on the bay district board for a period of more than three months after ceasing to hold the office of supervisor, mayor, or city council member, respectively, and his or her membership on the bay district board shall thereafter be considered vacant, except that any mayor who continues to hold office as a city council member, or any city council member who continues to hold office as a mayor, shall not be considered to have ceased to hold office under this section.
(Amended by Stats. 2010, Ch. 699, Sec. 28. (SB 894) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40226.

40226. A majority of the members of the bay district board constitutes a quorum for the transaction of business and may act for the bay district board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40227.

40227. (a) Each member of the bay district board shall receive actual and necessary expenses incurred in the performance of board duties.
(b) Each member of the bay district board may receive compensation, to be determined by the bay district board subject to subdivision (c), for any of the following:
(1) Attending a meeting of the bay district board or a committee of the bay district board.
(2) Attending a meeting, upon authorization of the bay district board, while on official business of the bay district.
(3) Active transportation travel to a meeting described in paragraph (1) or (2).
(c) (1) The compensation provided for attending a meeting pursuant to paragraph (1) or (2) of subdivision (b) shall not exceed one hundred dollars ($100) for each meeting and shall not exceed two hundred dollars ($200) per day.
(2) The compensation provided for active transportation travel pursuant to paragraph (3) of subdivision (b) may be calculated on a per mile basis or at a fixed daily, weekly, monthly, or annual rate, and may consider benefits to using active transportation travel, including, but not limited to, reduced traffic, improved health outcomes, and reduced air pollution.
(3) The compensation provided pursuant to subdivision (b) shall not exceed six thousand dollars ($6,000) in any one year.
(d) Compensation pursuant to this section shall be fixed by ordinance. Any change to this ordinance shall be adopted at an open regular meeting of the bay district board.
(e) For the purposes of this section, “active transportation travel” means walking, bicycling, and other forms of transportation that the bay district board has found reduce traffic, improve health outcomes, and reduce air pollution.
(Amended by Stats. 2022, Ch. 501, Sec. 1. (AB 2721) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40228.

40228. The bay district board may appoint an executive secretary to perform such duties as may be assigned to the executive secretary by the bay district board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40229.

40229. The bay district board may, by ordinance, adopt a civil service system for any or all employees of the bay district, except that the executive secretary and the air pollution control officer shall be exempt from such system and shall serve at the pleasure of the bay district board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40230.

40230. The bay district board may establish, within the bay district, zones wherein special regulations are warranted. In establishing such zones, the bay district board shall consider the degree of concentration of population, the number, nature, and dispersal of the stationary sources of air pollution, whether the area is a rural agricultural area, and the presence or absence of industry.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40231.

40231. The bay district board may establish, within the bay district, zones wherein differing tax formulas may be applied. In establishing such zones, the bay district board shall consider the degree of concentration of population, the number, nature, and dispersal of the stationary sources of air pollution, whether the area is a rural agricultural area, and the presence or absence of industry.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40232.

40232. Except as provided in Section 41705, the bay district board shall establish standards for the emission of identifiable odor-causing substances. Exceptions or variances may be granted from such standards in a manner provided by the bay district board. No person shall discharge from any source any contaminant which violates such standards.
(Amended by Stats. 1995, Ch. 952, Sec. 2. Effective October 16, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 3 - Governing Body › Section 40234.

40234. In adopting any regulation, the bay district board shall comply with Section 40703.
(Added by Stats. 1990, Ch. 1457, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40260.

40260. As used in this article, “council” means the Bay Area Air Quality Management Advisory Council.
(Amended by Stats. 1978, Ch. 1025.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40261.

40261. There is continued in existence the Bay Area Air Quality Management Council, which was formerly known as the Bay Area Air Pollution Control Advisory Council, which council is appointed by the bay district board, to advise and consult with the bay district board and the bay district air pollution control officer in effectuating the purposes of this division. Any reference to the Bay Area Air Pollution Control Advisory Council shall be deemed to be a reference to the Bay Area Air Quality Management Council.
(Amended by Stats. 1978, Ch. 1025.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40262.

40262. The council shall consist of the following:
(a) The chair of the bay district board, who shall serve as an ex officio member.
(b) Seven members who shall be skilled and experienced in the fields of air pollution, climate change, or the health impacts of air pollution. Members shall be selected to include a diversity of perspectives, expertise, and backgrounds.
(c) This section shall become operative on July 1, 2015.
(Repealed (in Sec. 1) and added by Stats. 2014, Ch. 696, Sec. 2. (SB 1415) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40263.

40263. Each council member shall hold office for a term of two years and until the appointment and qualification of his successor.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40264.

40264. Any member of the council may be removed at any time by the majority vote of the bay district board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40265.

40265. Any vacancy on the council shall be filled by appointment in the same manner as the vacating member was appointed, except that the member appointed to fill the vacancy shall only serve the unexpired term of the vacating member.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40266.

40266. (a) Each council member may receive actual and necessary expenses incurred in the discharge of their duties.
(b) Each council member may receive compensation, to be determined by the bay district board for either of the following:
(1) Attending a meeting of the council.
(2) Attending a meeting, upon authorization of the bay district board, as a representative of the council.
(Repealed and added by Stats. 2023, Ch. 16, Sec. 2. (AB 536) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40267.

40267. The council shall select a chairman and vice chairman and such other officers as it deems necessary.
(Added by Stats. 1975. Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 4 - Bay Area Air Quality Management District › ARTICLE 4 - Advisory Council › Section 40268.

40268. The council shall meet as frequently as the bay district board or the council deem necessary, but not less than four times a year.
(Added by Stats. 1975, Ch. 957.)