reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40709.6.

40709.6. (a)  Increases in emissions of air pollutants at a stationary source located in a district may be offset by emission reductions credited to a stationary source located in another district if both stationary sources are located in the same air basin or, if not located in the same air basin, if both of the following requirements are met:
(1)  The stationary source to which the emission reductions are credited is located in an upwind district that is classified as being in a worse nonattainment status than the downwind district pursuant to Chapter 10 (commencing with Section 40910).
(2)  The stationary source at which there are emission increases to be offset is located in a downwind district that is overwhelmingly impacted by emissions transported from the upwind district, as determined by the state board pursuant to Section 39610.
(b)  The district, in which the stationary source to which emission reductions are credited is located, shall determine the type and quantity of the emission reductions to be credited.
(c)  The district, in which the stationary source at which there are emission increases to be offset is located, shall do both of the following:
(1)  Determine the impact of those emission reductions in mitigation of the emission increases in the same manner and to the same extent as the district would do so for fully credited emission reductions from sources located within its boundaries.
(2)  Adopt a rule or regulation to discount the emission reductions credited to the stationary source in the other district. The discount shall not be less than the emission reduction for offsets from comparable sources located within the district boundaries.
(d)  Any offset credited pursuant to subdivision (a) shall be approved by a resolution adopted by the governing board of the upwind district and the governing board of the downwind district, after taking into consideration the impact of the offset on air quality, public health, and the regional economy. Each district governing board may delegate to its air pollution control officer the board’s authority to approve offsets credited pursuant to subdivision (a).
(Amended by Stats. 1996, Ch. 771, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40710.

40710. Upon receipt of approval and pursuant to Section 40709, a certificate evidencing all approved reductions in the emissions of air contaminants shall be issued to the owner or owners of the emissions source, and such reductions shall continue to be banked until they have been used according to district regulations. The owner or owners of such approved reductions have the exclusive right to use them and to authorize their use. Certificates evidencing ownership of approved reductions issued by a district shall not constitute instruments, securities, or any other form of property.
(Amended by Stats. 1980, Ch. 692.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40711.

40711. (a)  A banking system established pursuant to Section 40709 shall provide for registration of all interests in approved emission reductions. The registry shall be maintained by the district and open to public inspection. Upon payment of any required filing fee, and receipt of the documents required in subdivision (b), the district shall promptly register all interests in approved emission reductions and issue a certificate evidencing such ownership. The district may adopt by rule or regulation a schedule of fees for the issuance of certificates to cover the cost of confirming emission reductions and operating an emission reduction registry.
(b)  Approved emission reductions may be transferred in whole or in part by written conveyance or by operation of law from one person to another. A sale, option, pledge, or other voluntary transfer of approved emission reductions shall be enforceable against third parties provided a copy of the written conveyance or a memorandum describing the transaction, signed by the transferor, is filed with the district. An involuntary transfer of approved emission reductions shall be enforceable against third parties provided the transferee files with the district a certified copy of the document effecting such transfer or a memorandum describing the nature of such transfer. Notwithstanding any other provision of law, conflicting interests in approved emission reductions shall rank in priority according to the time of filing with the district.
(Amended by Stats. 1980, Ch. 692.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40712.

40712. If there is more than one owner of the source of the approved reductions in emission of air contaminants, initial title to such approved reductions shall be deemed held by such co-owners in the same manner as they hold title to the source of such reductions at the time such reductions are approved by the district air pollution control officer.
(Added by Stats. 1979, Ch. 1111.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40713.

40713. Any system established pursuant to Section 40709 shall contain procedures for the approval of reductions in emissions of air contaminants comparable to district permit procedures established pursuant to Section 42300, including, without limitation, procedures for public comment within 30 days after notice of any proposed approval. In the event the district air pollution control officer refuses to register, certify, or otherwise approve an application for a reduction in the emission of air contaminants pursuant to Section 40709, such applicant may, within 30 days after receipt of the notice of refusal, request the hearing board of the district to hold a hearing on whether the application was properly refused.
(Added by Stats. 1979, Ch. 1111.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40714.5.

40714.5. (a)  The Legislature hereby finds and declares all of the following:
(1)  Because of policy considerations, certain sources of air pollution are exempt from district permitting requirements or are not otherwise controlled by districts.
(2)  Emissions from some of these sources can be reduced through cost-effective measures, thereby creating additional emission reduction credits.
(3)  An increased supply of emission reduction credits is beneficial to local economies.
(4)  The purpose of this section is to provide an incentive to generate additional and fully valued emission reduction credits by encouraging emission reductions from these sources without subjecting them to a district permitting process.
(b)  (1)  With respect to any emission reduction that occurs on or after January 1, 1991, at a source that was and remains exempt from district rules and regulations, the district shall grant emission reduction credits or marketable trading credits without any discount or reduction in the quantity of the emissions reduced at the source unless otherwise provided by law. Emission reduction credits or marketable trading credits issued by the district for those exempt sources may be reduced only when applied to the permitting of other stationary sources as a result of new source review, or in accordance with any applicable requirement of a marketable trading credit program.
(2)  Any credits issued by a district pursuant to this subdivision shall meet all of the requirements of state and federal law, including, but not limited to, all of the following requirements:
(A)  The credits shall not result in the crediting of air emissions which are already contemporaneously required by an emission control measure in a plan necessary to achieve state and federal ambient air standards.
(B)  The credits shall not provide for an additional discount of credits solely as a result of emission reduction credits trading if a district has already discounted the credit as part of its process of identifying and granting those credits to sources.
(C)  The credits shall not, in any manner, result in double-counting of emission reductions.
(D)  The credits shall be permanent, enforceable, quantifiable, and surplus.
(3)  This subdivision applies statewide in any area not otherwise excluded under subdivision (d) of Section 40709.
(Amended by Stats. 2000, Ch. 729, Sec. 6. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40715.

40715. (a)  Every district shall establish and implement supplemental toxic air contaminant monitoring networks to supplement the existing monitoring capacity of the board and the districts as specified in the guidelines developed by the state board pursuant to Section 39668. The district may establish a schedule of fees to be paid to the district by sources of toxic air contaminants within the district which shall not exceed 50 percent of the costs of establishing and implementing these monitoring networks. Funds for the remaining 50 percent of the costs of establishing and implementing the supplemental toxic air contaminant monitoring networks shall be provided by the state board pursuant to subdivision (c) of Section 39668. Districts shall not be required to expend any district funds to establish and implement the supplemental toxic air contaminant monitoring program, as determined by Section 39668, that are in excess of the amount of state funds provided by the state board for that purpose.
(b)  It is the intent of the Legislature that this district supplemental toxic air contaminant monitoring program shall supplement existing laws and regulations to protect human health and safety from the adverse effects of toxic air contaminants and shall not limit the existing authority of any state or local agency to identify or control toxic air contaminants.
(Added by Stats. 1987, Ch. 1219, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40716.

40716. (a)  In carrying out its responsibilities pursuant to this division with respect to the attainment of state ambient air quality standards, a district may adopt and implement regulations to accomplish both of the following:
(1)  Reduce or mitigate emissions from indirect and areawide sources of air pollution.
(2)  Encourage or require the use of measures which reduce the number or length of vehicle trips.
(b)  Nothing in this section constitutes an infringement on the existing authority of counties and cities to plan or control land use, and nothing in this section provides or transfers new authority over such land use to a district.
(Amended by Stats. 1996, Ch. 777, Sec. 2. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40717.6.

40717.6. (a) No district or other local or regional agency shall impose any requirement on any private entity, including any requirement in any congestion management program adopted pursuant to Section 65089 of the Government Code, except as specifically provided in Section 65089.1 of the Government Code, to reduce shopping trips or to require the imposition of parking charges or the elimination of existing parking spaces at retail facilities.
(b) Notwithstanding subdivision (a), nothing in this section shall be construed to prevent a city or county from doing any of the following:
(1) Requiring retailers to make available to customers information concerning alternative transportation systems serving the retail site.
(2) Imposing requirements on new development as a condition of development for the purpose of mitigation pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(3) Enacting requirements on retailers as a result of a voter imposed growth management initiative.
(c) Nothing in this section shall be construed as a limitation on the land use authority of cities and counties.
(Amended by Stats. 2006, Ch. 538, Sec. 400. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40717.9.

40717.9. (a)  Notwithstanding Section 40454, 40457, 40717, 40717.1, or 40717.5, or any other provision of law, a district, congestion management agency, as defined in subdivision (b) of Section 65088.1 of the Government Code, or any other public agency shall not require an employer to implement an employee trip reduction program unless the program is expressly required by federal law and the elimination of the program will result in the imposition of federal sanctions, including, but not limited to, the loss of federal funds for transportation purposes.
(b)  Nothing in this section shall preclude a public agency from regulating indirect sources in any manner that is not specifically prohibited by this section, where otherwise authorized by law.
(Added by renumbering Section 40929 by Stats. 1998, Ch. 485, Sec. 109. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40718.

40718. (a)  Not later than January 1, 1990, the state board shall publish maps identifying those cities, counties, or portions thereof which have measured one or more violations of any state or federal ambient air quality standard. The state board shall produce at least one separate map for each pollutant.
(b)  A district may prepare the maps required under subdivision (a) for the area within its jurisdiction. If a district chooses to prepare maps, the district shall provide the maps to the state board for review not less than four months prior to the date when the state board is required to publish the maps, and pursuant to a schedule established by the state board for any subsequent maps.
(c)  The maps produced pursuant to subdivision (a) shall be based upon the most recent monitoring results, using the best technological capabilities and the best scientific judgment. The maps produced pursuant to subdivision (a) shall clearly identify portions of each district which have or have not measured one or more violations of any state or federal ambient air quality standard. The maps shall be representative of the actual air quality in each portion of the district.
(d)  The state board shall publish its criteria for preparing the maps pursuant to this section not later than January 31, 1989. To the extent applicable, the state board shall identify any criteria relating to meterological impact on monitored air quality data; reliability of monitored data; magnitude, frequency, and duration of periods when ambient air quality standards are exceeded; and the area within the district in which the standards are exceeded.
(e)  Any person may petition the state board to hold a public hearing on any proposed, adopted, amended, or revised map. If the petition is granted by the state board, the public hearing may be held at a regularly scheduled public hearing in Sacramento. Notice of the time and place of any hearing shall be given not less than 30 days prior to the hearing by publication in the district pursuant to Section 6061 of the Government Code. If a district includes portions of more than one county, the notice shall be published in each county not less than 30 days prior to the date of the hearing.
The notice shall include a description of the map proposed to be adopted, amended, or repealed and a summary description of the effect of the proposal.
(f)  The state board shall review annually, and as appropriate revise, the maps required by this section, using the criteria developed pursuant to subdivision (c).
(g)  Nothing in this section is intended to prevent a district board from enacting and enforcing rules or regulations designed to prevent interference with or maintenance of state and federal air quality standards, or to prevent significant deterioration of air quality in any area of the district.
(Added by Stats. 1988, Ch. 1225, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40719.

40719. (a)  Except as provided in subdivision (d), every district board which has adopted an emergency episode plan for ozone or oxidant may conduct hearings on the adoption and implementation of intermittent transportation controls which shall be applicable, upon order of the district board, during periods in the months of June to October, inclusive, when an air pollution emergency, as defined in the Air Pollution Emergency Plan of the state board, has been called.
(b)  The district board, in cooperation with representatives of industry, transportation, and local governments in the district, shall conduct the hearings pursuant to subdivision (a) to define and designate the necessary transportation controls. The district board shall prepare and submit to the Legislature within one year a report on the findings from the hearings.
(c)  The district board shall incorporate its findings and determinations into the district air quality management plan.
(d)  Notwithstanding subdivisions (a) to (c), inclusive, in that portion of the bay district which is subject to the jurisdiction of the Metropolitan Transportation Commission, the commission, at the request of the bay district, shall undertake those duties and responsibilities set forth in subdivisions (a) to (c), inclusive, that relate to the conduct of hearings and the adoption and implementation of intermittent transportation controls and that relate to making recommended findings and determinations for the bay district for incorporation into the bay district’s air quality management plan.
(Added by renumbering Section 40716 (as added by Stats. 1988, Ch. 160) by Stats. 1990, Ch. 216, Sec. 77.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40723.

40723. (a)  It is the intent of the Legislature that, when an air district establishes best available control technology or lowest achievable emission rate requirements based in part on vendor representations, the requirements be achievable for the applicable source category.
(b)  Upon the request of any owner or operator of equipment that is subject to best available control technology or lowest achievable emission rate requirements, the district shall review whether the applicable requirements have been achieved and whether the requirements should be required for the source category or source if the owner or operator demonstrates that all of the following conditions are true:
(1)  The owner or operator purchased equipment that was subject to or intended by the manufacturer or vendor to satisfy federal, state, or local air district rules or permitting requirements that impose best available control technology or lowest achievable emission rate requirements.
(2)  An express warranty was provided to the owner or operator by the manufacturer or vendor that the equipment would achieve the best available control technology or lowest achievable emission rate requirements, or any specified emission rate or standard intended to satisfy those requirements.
(3)  The owner or operator made a reasonable effort, for a reasonable period of time, to operate the equipment in accordance with the operating conditions specified by the equipment manufacturer or vendor.
(4)  The equipment failed to meet the best available control technology or lowest achievable emission rate requirements covered by the warranty provided by the equipment manufacturer or vendor.
(5)  The applicable best available control technology or lowest achievable emission rate requirements were established primarily on the basis of the representations and data provided by the equipment manufacturer or vendor.
(c)  (1)  If, after conducting a review pursuant to subdivision (b), the district determines that the applicable best available control technology or lowest achievable emission rate requirements are not achievable by a source, the district shall revise those requirements to a level achievable by that source.
(2)  If, after conducting a review pursuant to subdivision (b), the district determines that the applicable best available control technology or lowest achievable emission rate requirements are not achievable by a source category, the district shall revise those requirements to a level achievable by that source category.
(d)  This section shall be implemented in a manner consistent with applicable federal and state statutes, regulations, and requirements for the establishment of best available control technology and lowest achievable emission rate requirements.
(Added by Stats. 2000, Ch. 501, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6 - General Powers and Duties › Section 40724.7.

40724.7. (a)  A district that is designated as being in attainment for the federal ambient air standard for ozone shall adopt a rule or regulation as described in Section 40724.6 shall fulfill both of the following conditions:
(1)  The regulation shall be adopted not later than July 1, 2006, unless a district board makes a determination in a public hearing, based on substantial scientific evidence in the record, that large confined animal facilities will not contribute to a violation of any state or federal ambient air quality standard.
(2)  The regulation may not be submitted for inclusion in the state implementation plan.
(b)  Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions of air contaminants from agricultural sources, or any other requirements imposed on a district or a source of air pollution pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(c)  In adopting a rule or regulation pursuant to this section, a district shall comply with all applicable requirements of this division, including, but not limited to, the requirements established pursuant to Section 40703, 40727, and 40728.5.
(d)  Nothing in this section authorizes a district to adopt a rule or regulation that is duplicative of a rule or regulation adopted pursuant to Section 40724.
(e)  The rule or regulation adopted by a district pursuant to this section is not required to be submitted for inclusion into the state implementation plan.
(Added by Stats. 2003, Ch. 479, Sec. 7. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40725.

40725. (a)  A district board shall not adopt, amend, or repeal any rule or regulation without first holding a public hearing thereon.
(b)  Notice of the time and place of a public hearing to adopt, amend, or repeal any rule or regulation shall be given not less than 30 days prior thereto to the state board, which notice shall include a copy of the rule or regulation proposed to be adopted, amended, or repealed, as the case may be, and a summary description of the effect of the proposal, and by publication in the district pursuant to Section 6061 of the Government Code. In addition, in the case of a district which includes portions of more than one county, the notice shall be published in each county not less than 30 days prior to the date of the hearings.
(c)  Notice published pursuant to subdivision (b) shall invite written public comment and indicate the name, address, and telephone number of the district officer to whom these comments are to be addressed, and the date by which comments are to be received.
(Added by Stats. 1986, Ch. 758, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40726.

40726. The public hearing held pursuant to Section 40725 shall provide for the submission of statements, arguments, or contentions, either oral, written, or both. A district board may continue or postpone the hearing from time to time, to a time and place as it shall determine. Following consideration of all relevant matter presented, a district board may adopt, amend, or repeal a rule or regulation, unless the board makes changes in the text originally made available to the public that are so substantial as to significantly affect the meaning of the proposed rule or regulation. The board shall not take action on a changed text before its next regular meeting, and shall allow further statements, arguments, and contentions, either written, oral, or both, to be made and considered prior to taking final action.
(Added by Stats. 1986, Ch. 758, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40727.

40727. (a)  Before adopting, amending, or repealing a rule or regulation, the district board shall make findings of necessity, authority, clarity, consistency, nonduplication, and reference, as defined in this section, based upon information developed pursuant to Section 40727.2, information in the rulemaking record maintained pursuant to Section 40728, and relevant information presented at the hearing.
(b)  As used in this section, the following terms have the following meaning:
(1)  “Necessity” means that a need exists for the regulation, or for its amendment or repeal, as demonstrated by the record of the rulemaking authority.
(2)  “Authority” means that a provision of law or of a state or federal regulation permits or requires the regional agency to adopt, amend, or repeal the regulation.
(3)  “Clarity” means that the regulation is written or displayed so that its meaning can be easily understood by the persons directly affected by it.
(4)  “Consistency” means that the regulation is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state or federal regulations.
(5)  “Nonduplication” means that a regulation does not impose the same requirements as an existing state or federal regulation unless a district finds that the requirements are necessary or proper to execute the powers and duties granted to, and imposed upon, a district.
(6)  “Reference” means the statute, court decision, or other provision of law that the district implements, interprets, or makes specific by adopting, amending, or repealing a regulation.
(Amended by Stats. 1997, Ch. 519, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40728.

40728. Every district shall maintain a file of each regulation which shall be deemed to be the record for that rulemaking proceeding. The file shall include all of the following:
(a)  Copies of any petitions received by the district from interested persons proposing the adoption, amendment, or repeal of the regulation.
(b)  Copies of published notices of proposed adoption, amendment, or repeal of the regulation.
(c)  All data and other factual information, any studies or reports, and written comments submitted to the district in connection with the adoption, amendment, or repeal of the regulation.
(d)  A transcript, recording, or minutes of any public hearing connected with the adoption, amendment, or repeal of the regulation.
(e)  The text of regulations as originally proposed, and the modified text of regulations, if any, that were made available to the public prior to the adoption.
(Added by Stats. 1986, Ch. 758, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40728.5.

40728.5. (a)  Whenever a district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality or emissions limitations, that agency shall, to the extent data are available, perform an assessment of the socioeconomic impacts of the adoption, amendment, or repeal of the rule or regulation. The district board shall actively consider the socioeconomic impact of regulations and make a good faith effort to minimize adverse socioeconomic impacts, as defined below. This section does not apply to the adoption, amendment, or repeal of any rule or regulation that results in any less restrictive emissions limit if the action does not interfere with the district’s adopted plan to attain ambient air quality standards, or does not result in any significant increase in emissions.
(b)  For purposes of this section, “socioeconomic impact” means the following:
(1)  The type of industries or business, including small business, affected by the rule or regulation.
(2)  The impact of the rule or regulation on employment and the economy of the region affected by the adoption of the rule or regulation.
(3)  The range of probable costs, including costs to industry or business, including small business, of the rule or regulation.
(4)  The availability and cost-effectiveness of alternatives to the rule or regulation being proposed or amended.
(5)  The emission reduction potential of the rule or regulation.
(6)  The necessity of adopting, amending, or repealing the rule or regulation to attain state and federal ambient air standards pursuant to Chapter 10 (commencing with Section 40910).
(c)  To the extent that information on the socioeconomic impact of a regulation is required to be developed by a district pursuant to other provisions of this division, that information may be used or referenced in the assessment in order to comply with the requirements of this section.
(d)  This section does not apply to any district with a population of less than 500,000 persons.
(e)  Upon the approval by a majority vote of the district board, a county district is not required to include the analysis specified in paragraphs (2) and (4) of subdivision (b) in any assessment of socioeconomic impacts for any rule or regulation that only adopts a requirement that is substantially similar to, or is required by, a state or federal statute, regulation, or applicable formal guidance document. Examples of state or federal formal guidance documents include, but are not limited to, federal Control Techniques Guidelines, state and federal reasonably available control technology determinations, state best available retrofit control technology determinations, and state air toxic control measures.
(Amended by Stats. 2000, Ch. 729, Sec. 8. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40730.

40730. (a)  A district may establish programs to assist the public, government agencies, and businesses in complying with district regulations.
(b)  For the purposes of a program established pursuant to subdivision (a), a district may provide to any person any factual nonconfidential information regarding any product or service that is in compliance with district regulations, and regarding the air emissions associated with a particular use of that product or service. The provision of that information, upon request or otherwise, shall not include any recommendation to any person with respect to any product or service.
(Added by Stats. 1994, Ch. 247, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 6.5 - Regulations of Air Pollution Control and Air Quality Management Boards › Section 40731.

40731. In order to assist in the development of the BACM, RACM, and BARCT measures specified in Sections 40724, 40724.5, and 40724.6, and to reduce or eliminate emissions of regulated air pollutants and their precursors, the California Air Pollution Control Officers Association, in consultation with the state board and other interested parties, shall, not later than January 1, 2005, develop a clearinghouse of available control measures and strategies for agricultural sources of air pollution and emissions from agricultural operations, including, but not limited to, the following sources:
(a)  Operations that create fugitive dust emissions, including, but not limited to, discing, tilling, material handling and storage, and travel on unpaved roads.
(b)  Confined animal facilities, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, or milking parlor, including, but not limited to, a system for the collection, storage, treatment, and distribution of liquid or solid manure from domestic animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks, if those animals are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes, and feeding is by means other than grazing.
(c)  Internal combustion engines used in the production of crops or the raising of animals or fowl, except an engine that is used to propel an implement of husbandry, as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003.
(d)  Other equipment, operations, or activities associated with the growing of crops or the raising of fowl or animals, that emit, or cause to be emitted, any regulated air pollutant, or any precursor to any regulated air pollutant.
(Added by Stats. 2003, Ch. 479, Sec. 8. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 7 - Air Pollution Control Officer › Section 40751.

40751. Subject to the direction of the district board, the air pollution control officer shall appoint district personnel, including any deputies necessary for the prompt and faithful discharge of the air pollution control officer’s duties.
(Amended by Stats. 2010, Ch. 699, Sec. 29.5. (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 7 - Air Pollution Control Officer › Section 40752.

40752. The air pollution control officer shall observe and enforce all of the following:
(a)  This part and Part 4 (commencing with Section 41500).
(b)  All orders, regulations, and rules prescribed by the district board.
(c)  All variances and standards which the district hearing board has prescribed.
(d)  All permit conditions imposed pursuant to Sections 42301 and 42301.10.
(Amended by Stats. 1994, Ch. 727, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 7 - Air Pollution Control Officer › Section 40753.

40753. The air pollution control officer may observe and enforce all provisions of Division 12 (commencing with Section 24000) of the Vehicle Code relating to the emission or control of air contaminants, except Sections 27157, 27157.5, 27158, and 27158.5.
In observing and enforcing such provisions of the Vehicle Code, the air pollution control officer may stop, detain, and inspect any vehicle on a public highway. Any person who interferes with such action, or who refuses to stop a vehicle under his control upon the order, of the air pollution control officer is guilty of a misdemeanor.
(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 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40800.

40800. There is continued in existence and shall be, in each district, one or more hearing boards consisting of five members each, as specified in Section 40801, appointed by the district board.
The district board may also appoint one alternate for each member. The alternate shall have the same qualifications, specified in Section 40801, as the member for whom such person is the alternate. The alternate may serve only in the absence of the member, and for the same term as the member.
An alternate shall not hold any of the single member hearings authorized by subdivision (c) of Section 40824, subdivision (c) of Section 40825, Section 42351.5, or Section 42359.5.
(Amended by Stats. 1979, Ch. 239.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40800.5.

40800.5. Any district board may designate the hearing board appointed by it as the “district hearing panel.” Every provision of every statute and every regulation that relates to hearing boards appointed pursuant to this chapter shall be fully applicable to any district hearing panel that is so designated pursuant to this section.
(Added by Stats. 1988, Ch. 1412, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40801.

40801. A hearing board shall consist of:
(a)  One member admitted to the practice of law in this state.
(b)  One member who is a professional engineer registered as such pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).
(c)  One member from the medical profession whose specialized skills, training, or interests are in the fields of environmental medicine, community medicine, or occupational/toxicologic medicine.
(d)  Two public members.
(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 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40802.

40802. If the district board, in the case of a district with a population of less than 750,000, is unable to appoint a person with the qualifications specified in Section 40801 who is willing and able to serve, and for that reason a vacancy exists on the hearing board, the county district board may, in order to fill that vacancy, appoint any person to the hearing board.
(Amended by Stats. 1990, Ch. 150, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40803.

40803. No officer or employee of the district, or of the county in the case of a county district, shall be a member of the district hearing 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 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40804.

40804. The terms of the members of a hearing board shall be three years.
In the case of the initial members of a hearing board appointed subsequent to January 1, 1974, two shall serve for a term of one year, two for a term of two years, and one for a term of three years.
(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 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40805.

40805. Within 30 days after a regional district begins to function and exercise its powers, the regional district board shall appoint a hearing 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 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40807.

40807. A hearing board may adopt rules for the conduct of its hearings. The rules shall be consistent with this division and, so far as practicable, shall conform to the rules for administrative adjudication by state agencies in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.
Where a district has two or more hearing boards, the rules shall be the same for all the hearing boards.
(Amended by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40808.

40808. Except as provided for in Section 42359, no abatement order, permit, or variance may be issued, modified, or revoked by a hearing board, unless a public hearing thereon has been held by the hearing board 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 8 - Hearing Boards › ARTICLE 1 - General Provisions › Section 40809.

40809. (a)  The office of the county counsel may represent both the district and the hearing board on a matter relating to a hearing before the hearing board as long as the same individual attorney does not represent both the district and the hearing board.
(b)  This section does not apply to the bay district or the south coast district.
(Added by Stats. 1986, Ch. 28, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 2 - Procedure › Section 40820.

40820. Except as provided in Section 40501.1, subdivision (c) of Section 40824, subdivision (c) of Section 40825, Section 42351.5, and Section 42359.5, three members of the hearing board shall constitute a quorum, and no action shall be taken by the hearing board except in the presence of a quorum and upon the affirmative vote of a majority of the members of the hearing board.
(Repealed and added by Stats. 1988, Ch. 1412, Sec. 7.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 2 - Procedure › Section 40821.

40821. A hearing board, with not fewer than four members present, may, in its discretion, within 30 days of the effective date of the decision, rehear any matter.
(Amended by Stats. 1988, Ch. 1412, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 2 - Procedure › Section 40822.

40822. Any hearing conducted by a hearing board shall be held in a location readily accessible to the public.
(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 8 - Hearing Boards › ARTICLE 2 - Procedure › Section 40823.

40823. (a)  Except as otherwise provided in Sections 40824, 40825, and 40826, a hearing board shall serve a notice of the time and place of a hearing upon the district air pollution control officer, and upon the applicant or permittee affected, not less than 10 days prior to such hearing.
(b)  Except as otherwise provided in Sections 40824, 40825, and 40826, the hearing board shall also send notice of the hearing to every person who requests such notice and obtain publication of such notice in at least one daily newspaper of general circulation within the district. The notice shall state the time and place of the hearing and such other information as may be necessary to reasonably apprise the people within the district of the nature and purpose of the meeting.
(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 8 - Hearing Boards › ARTICLE 2 - Procedure › Section 40824.

40824. In case of a hearing to consider an application for an interim variance, as authorized under Section 42351:
(a)  The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.
(b)  Subdivision (b) of Section 40823 shall not apply.
(c)  In districts with a population of less than 750,000, the chairperson of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
(Amended by Stats. 1987, Ch. 362, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 3 - AIR POLLUTION CONTROL DISTRICTS › CHAPTER 8 - Hearing Boards › ARTICLE 2 - Procedure › Section 40825.

40825. In case of a hearing to consider an application for a variance, or a series of variances, to be in effect for a period of not more than 90 days, or an application for modification of a schedule of increments of progress:
(a)  The hearing board shall serve a notice of the time and place of a hearing to grant such a variance or modification upon the air pollution control officer, all other districts within the air basin, the state board, the Environmental Protection Agency, and upon the applicant or permittee, not less than 10 days prior to such hearing.
(b)  Subdivision (b) of Section 40823 shall not apply.
(c)  In districts with a population of less than 750,000, the chairman of the hearing board, or any other member of the hearing board designated by the board, may hear such an application. If any member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
(Amended by Stats. 1987, Ch. 362, Sec. 2.)