reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39038.3.

39038.3. “Mojave Desert district” means the Mojave Desert Air Quality Management District created pursuant to Chapter 13 (commencing with Section 41200) of Part 3.
(Added by Stats. 1992, Ch. 642, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39038.5.

39038.5. “Mojave Desert district board” means the governing board of the Mojave Desert district.
(Added by Stats. 1992, Ch. 642, Sec. 2. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39040.

39040. “Motor vehicle pollution control device” means equipment designed for installation on a motor vehicle for the purpose of reducing the air contaminants emitted from the vehicle, or a system or engine modification on a motor vehicle which causes a reduction of air contaminants emitted from the vehicle.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39042.

39042. “New motor vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser.
(Amended by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39043.

39043. “Nonvehicular sources” means all sources of air contaminants, including the loading of fuels into vehicles, except vehicular sources.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39043.5.

39043.5. “Obscurant” means fog oil released into the atmosphere during military exercises which produces a smoke screen designed to eliminate the detection of persons or objects by visual or electronic means of observation within a localized area.
(Added by Stats. 1996, Ch. 299, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39044.

39044. “Open outdoor fire” means any combustion of combustible material of any type outdoors in the open, not in any enclosure, where the products of combustion are not directed through a flue.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39045.

39045. “Orchard or citrus grove heater” means any article, machine, equipment, or other contrivance, burning any type of fuel or material capable of emitting air contaminants, used, or capable of being used, for the purpose of giving protection from frost damage.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39047.

39047. “Person” includes all of the following:
(a)  A “person” as defined in Section 19.
(b)  Any state or local governmental agency or public district, or any officer or employee thereof. However, no state or local governmental agency or public district, or any officer or employee thereof, shall be criminally liable or responsible under the provisions of Part 4 (commencing with Section 41500) for any acts done by such governmental agency, or public district, in the performance of its functions or by such officers or employees in the performance of their duties.
(c)  The United States or its agencies, to the extent authorized by federal law.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39047.2.

39047.2. “PM2.5” means particulate matter 2.5 microns and smaller in size.
(Added by Stats. 1999, Ch. 477, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39047.5.

39047.5. “Qualifying facility” means a qualifying small power production facility as defined in Section 228.5 of the Public Utilities Code.
(Added by Stats. 1985, Ch. 978, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39050.5.

39050.5. “Resource recovery project” means a project which converts municipal wastes, agricultural wastes, forest wastes, landfill gas, or digester gas in a manner so as to produce energy as a byproduct in the air basin in which they are produced.
(Amended by Stats. 1985, Ch. 978, Sec. 1.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39050.7.

39050.7. “Sacramento district” means the Sacramento Metropolitan Air Quality Management District created pursuant to Chapter 10 (commencing with Section 40950) of Part 3.
(Added by Stats. 1988, Ch. 1541, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39051.

39051. “Schedule of increments of progress” means a statement of dates when various steps are to be taken to bring a source of air contaminants into compliance with emission standards and shall include, to the extent feasible, the following:
(a)  The date of submittal of the final plan for the control of emissions of air contaminants from that source to the appropriate district.
(b)  The date by which contracts for emission control systems or process modifications will be awarded, or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process modification.
(c)  The date of initiation of onsite construction or installation of emission control equipment or process change.
(d)  The date by which onsite construction or installation of emission control equipment or process modification is to be completed.
(e)  The date by which final compliance is to be achieved.
(f)  Such other dates by which other appropriate and necessary steps shall be taken to permit close and effective supervision of progress toward timely compliance.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39051.5.

39051.5. “Schoolbus” means a heavy-duty motor vehicle exclusively designed and built for the transportation of any school, college, or university student to or from educational facilities or activities.
(Added by Stats. 1976, Ch. 741.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39051.7.

39051.7. (a) “Smog index” means the index number assigned to a motor vehicle by the state board pursuant to Section 44251 to indicate the effect of the use of that vehicle on ozone levels in ozone nonattainment areas.
(b) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed.
(Added by Stats. 1994, Ch. 1192, Sec. 6. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years from operative date. Repealed on January 1 after inoperative date, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39052.5.

39052.5. “South coast district” means the South Coast Air Quality Management District created pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3.
(Added by Stats. 1976, Ch. 324.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39053.

39053. “State board” means the State Air Resources Board.
(Amended by Stats. 2013, Ch. 76, Sec. 115. (AB 383) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39053.3.

39053.3. “Title V” means Title V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.).
(Added by Stats. 1993, Ch. 1166, Sec. 2. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39053.5.

39053.5. “Title V source” means only a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air Act (42 U.S.C. Secs. 7661 to 7661f, incl.) and the federal regulations adopted pursuant to Title V.
(Added by Stats. 1993, Ch. 1166, Sec. 3. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39053.6.

39053.6. “Trading program with capped emissions” or “emission-capped trading program” means a market-based incentive trading program adopted pursuant to subdivision (b) of Section 39616 that allows sources to comply with an emission cap or limit by acquiring marketable emission credits.
(Added by Stats. 1996, Ch. 609, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39055.5.

39055.5. “Ultimate purchaser” means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.
(Added by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 1 - GENERAL PROVISIONS AND DEFINITIONS › CHAPTER 2 - Definitions › Section 39056.

39056. “Unified district” means a district created or continued in existence pursuant to Chapter 3 (commencing with Section 40150) of Part 3.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 1 - Findings, Declarations, and Intent › Section 39500.

39500. It is the intent of the Legislature that the State Air Resources Board shall have the responsibility, except as otherwise provided in this division, for control of emissions from motor vehicles and shall coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 1 - Findings, Declarations, and Intent › Section 39501.

39501. It is the intent of the Legislature that the state board maximize economic cobenefits by conditioning eligibility to participate in grant, loan, voucher, or other incentive programs to purchase new drayage and short-haul trucks on compliance with the labor standards required by Chapter 3.6 (commencing with Section 39680).
(Added by Stats. 2021, Ch. 748, Sec. 2. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39511.

39511. (a)  The Governor shall appoint the chairperson, who shall serve at the pleasure of the Governor, from among the members of the state board, and shall serve as the principal advisor to the Governor on, and shall assist the Governor in establishing, major policy and program matters on environmental protection. The chairperson shall also serve as the principal communications link for the effective transmission of policy problems and decisions to the Governor relating to the activities of the State Water Resources Control Board and the State Solid Waste Management Board, in addition to serving as the Governor’s chief air quality policy spokesperson.
(b)  The chairperson shall serve full time.
(Amended by Stats. 1981, Ch. 982. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39512.

39512. Each member of the state board shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1983, Ch. 803, Sec. 37.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39512.5.

39512.5. (a) With respect to the members appointed pursuant to subdivision (d) of Section 39510, those members shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for expenses is not otherwise provided or payable by another public agency or agencies. Each elected public official member of the state board shall receive one hundred dollars ($100) for each day, or portion thereof, but not to exceed one thousand dollars ($1,000) in any month, attending meetings of the state board or committees thereof, or upon authorization of the state board while on official business of the state board.
(b) Reimbursements made pursuant to subdivision (a) shall be made as follows:
(1) A member appointed from a district that is specifically named in subdivision (d) of Section 39510 shall be reimbursed by the district from which the person qualified for membership.
(2) The member appointed as a board member of a district that is not specifically named in subdivision (d) of Section 39510 shall be reimbursed by the state board.
(Amended by Stats. 2014, Ch. 512, Sec. 2. (AB 2764) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39513.

39513. The state board shall hold regular meetings at least twice a month. Special meetings may be called by the chair or upon the request of a majority of the members. Each member of the state board shall receive reimbursement for actual necessary traveling expenses incurred in the performance of official duties. Time spent in these board meetings shall count toward the sixty hours per month work requirement specified in Section 11564 of the Government Code.
(Amended by Stats. 2000, Ch. 890, Sec. 5. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39514.

39514. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the state board, and the state board is the head of a department within the meaning of the chapter.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39515.

39515. (a)  The state board shall appoint an executive officer who shall serve at the pleasure of the state board and, except as provided in subdivision (d), may delegate any duty to the executive officer that the state board deems appropriate.
(b)  The intention of the Legislature is hereby declared to be that the executive officer shall perform and discharge, under the direction and control of the state board, the powers, duties, purposes, functions, and jurisdiction vested in the state board and delegated to the executive officer by the state board.
(c)  The state board shall, upon the receipt of a petition from any affected member of the public, affected district, or designated air quality planning agency, hold a public hearing to review any action taken by the executive officer pursuant to Section 41650, 41651, or 41652.
(d)  Any action taken by the executive officer pursuant to Section 40469 or Sections 41503 to 41505, inclusive, shall be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2000, Ch. 890, Sec. 6. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39516.

39516. Any power, duty, purpose, function, or jurisdiction which the state board may lawfully delegate shall be conclusively presumed to have been delegated to the executive officer unless it is shown that the state board, by affirmative vote recorded in the minutes of the state board, specifically has reserved the same for the state board’s own action.
The executive officer may redelegate to his subordinates unless, by state board rule or express provision of law, the executive officer is specifically required to act personally.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 2 - Administration › Section 39517.

39517. The district shall be given notice and the opportunity to act before any rule or regulation is adopted by the state board for the district pursuant to Section 41502.
(Added by Stats. 1981, Ch. 982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39600.

39600. The state board shall do such acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law.
(Repealed and added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39601.

39601. (a)  The state board shall adopt standards, rules, and regulations in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law.
(b)  The state board, by rules and regulations, may revise the definitions of terms set forth in Chapter 2 (commencing with Section 39010) of Part 1 in order to conform those definitions to federal laws and rules and regulations.
(c)  The standards, rules, and regulations adopted pursuant to this section shall, to the extent consistent with the responsibilities imposed under this division, be consistent with the state goal of providing a decent home and suitable living environment for every Californian.
(Amended by Stats. 1983, Ch. 142, Sec. 79.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39601.5.

39601.5. (a) The state board shall make available to the public all information described in paragraph (2) of subdivision (b) of Section 11346.2 of the Government Code, related to, but not limited to, air emissions, public health impacts, and economic impacts, before the comment period for any regulation proposed for adoption by the state board.
(b) In meeting the requirement of subdivision (a), the state board shall not release proprietary, confidential, or otherwise legally protected business information. The state board shall release information in aggregated form, where necessary, to protect proprietary, confidential, or otherwise legally protected business information.
(Added by Stats. 2009, Ch. 384, Sec. 2. (AB 1085) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39602.

39602. The state board is designated the air pollution control agency for all purposes set forth in federal law.
The state board is designated as the state agency responsible for the preparation of the state implementation plan required by the Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall coordinate the activities of all districts necessary to comply with that act.
Notwithstanding any other provision of this division, the state implementation plan shall only include those provisions necessary to meet the requirements of the Clean Air Act.
(Amended by Stats. 1979, Ch. 810.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39602.5.

39602.5. (a) The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Environmental Protection Agency, will achieve ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment date, and to maintain these standards thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with Section 43013.
(b) If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations that anticipate the development of new technologies or the improvement of existing technologies. The rules and regulations shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule.
(Added by Stats. 2007, Ch. 669, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39602.6.

39602.6. The state board shall condition eligibility to participate in grant, loan, voucher, or other incentive programs to purchase new drayage and short-haul trucks on compliance with Chapter 3.6 (commencing with Section 39680), as applicable.
(Added by Stats. 2021, Ch. 748, Sec. 3. (AB 794) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39603.

39603. (a)  The state board may do both of the following:
(1)  Contract for technical advisory services and other services as may be necessary for the performance of its powers and duties.
(2)  Appoint advisory groups and committees as it requires. Members of committees or advisory groups shall receive one hundred dollars ($100) per day for each day they attend a meeting of the state board or meet pursuant to a request of the state board, plus actual and necessary travel expenses incurred while performing their duties.
(b)  In appointing advisory groups and committees, the state board may appoint a number of persons qualified in various fields and disciplines. Persons appointed shall be kept informed of the issues before the state board and the work pending before the state board. When the state board desires the advice, in connection with a particular problem or problems, of any person so appointed, the chairperson of the state board may select that person to serve as a member of a working group or committee for the purpose of providing the advice. After the working group or committee has given its advice to the state board, it shall cease to function as a working group or committee. The financial remuneration specified in paragraph (2) of subdivision (a) shall be available to persons only during the time they are serving as members of a working group or committee at the request of the state board.
(Amended by Stats. 1986, Ch. 726, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39603.1.

39603.1. (a) Notwithstanding any other law, the state board may provide advance payments to grantees of a grant program or project if the state board determines all of the following:
(1) The advance payments are necessary to meet the purposes of the grant program or project.
(2) The use of the advance funds is adequately regulated by grant or budgetary controls.
(3) The request for application or the request for proposals contains the terms and conditions under which an advance payment may be received consistent with this section.
(4) The grantee is either a small district or the grantee meets all of the following criteria:
(A) Has no outstanding financial audit findings related to any of the moneys eligible for advance payment and is in good standing with the Franchise Tax Board and Internal Revenue Service.
(B) Agrees to revert all unused moneys to the state if they are not liquidated within the timeline specified in the grant agreement.
(C) (i) Submits a spending plan to the state board for review prior to receiving the advance payment.
(ii) The spending plan shall include project schedules, timelines, milestones, and the grantee’s fund balance for all state grant programs.
(iii) The state board shall consider the available fund balance when determining the amount of the advance payment.
(D) Reports to the state board any material changes to the spending plan within 30 days.
(E) Agrees to not provide advance payment to any other entity.
(5) In the event of the nonperformance of a grantee, the state board shall require the full recovery of the unspent moneys. A grantee shall provide a money transfer confirmation within 45 days upon the receipt of a notice from the state board.
(b) The state board, in consultation with the Department of Finance, shall adopt a regulation implementing this section to ensure the moneys are used properly.
(Added by Stats. 2018, Ch. 51, Sec. 11. (SB 854) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39604.

39604. (a) The state board shall post on its Web site, at a minimum by January 1 of each odd-numbered year, information on air quality conditions and trends statewide and on the status and effectiveness of state and local air quality programs.
(b) The data shall include, but not be limited to, all of the following:
(1) A review of air quality trends in each air basin over the most recent five-calendar-year period for which a complete data record is available.
(2) A statement of the number of violations of air quality standards that occurred in each air basin over the most recent two calendar years for which a complete data record is available, and a comparison of the number of violations to those in prior years.
(3) A listing of any changes in state ambient air quality standards adopted by the board over the previous two calendar years.
(4) A summary of the results of research projects concluded during the previous two years, the status of current research projects, and the conduct of the research program pursuant to Section 39703.
(5) A summary of any actions taken by the state board to assume the powers of districts under Section 39808.
(6) A summary of the effects of any significant federal actions over the previous two years that have affected state air quality or air quality programs.
(7) A summary of the status of the state implementation plan for achieving and maintaining ambient air quality standards.
(8) A summary of the state board’s actions in the previous two calendar years to control toxic air pollutants pursuant to Chapter 3.5 (commencing with Section 39650).
(9) A summary of actions of the state board in controlling emissions from motor vehicles during the previous two-year period.
(10) A summary of significant actions taken by districts to control emissions from nonvehicular sources during the previous two-year period. This summary shall not include a district by district analysis for each district in the state, but shall include an overall analysis.
(Amended by Stats. 2004, Ch. 644, Sec. 13. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39605.

39605. To carry out the purposes of this division, the state board may:
(a)  Provide any assistance to any district.
(b)  Require any district to provide requested information utilized in the normal operation of the district or required by a state or federal statute or regulation.
(c)  Hold public hearings.
(d)  May accept assistance, financial and otherwise, from any public entity.
(Amended by Stats. 1981, Ch. 700.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39606.1.

39606.1. (a)  On or before January 1, 1997, the state board shall adopt regulations to designate, and determine the boundaries of, an air basin known as the Mojave Desert Air Basin. The air basin shall have a territory that is based upon similar meteorological and geographical conditions and consideration for political boundary lines. The air basin shall consist of at least all of the following:
(1)  The desert portions of Los Angeles County that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin.
(2)  The desert portions of Kern County that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin.
(3)  Any portion of the Mojave Desert Air Quality Management District that, immediately prior to the date of the adoption of the regulations, was within the Southeast Desert Air Basin.
(4)  Any other area contiguous to the areas indicated in paragraphs (1) to (3), inclusive, that the state board determines by a preponderance of the evidence is appropriate for inclusion.
(b)  Areas that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin and are not included in the Mojave Desert Air Basin shall remain in the Southeast Desert Air Basin, subject to Section 39606.
(Added by Stats. 1995, Ch. 113, Sec. 1. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39607.1.

39607.1. (a) For purposes of this section, the following definitions apply:
(1) “Nonattainment pollutant” means a criteria pollutant for which a district is classified as a nonattainment area pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(2) “Stationary source” means any of the following:
(A) A facility that is required to report to the state board the facility’s greenhouse gas emissions pursuant to Section 38530.
(B) A facility that is authorized by a permit issued by a district to emit 250 or more tons per year of any nonattainment pollutant or its precursors.
(C) A facility that receives an elevated prioritization score based on cancer or noncancer health impacts pursuant to Section 44360.
(b) (1) The state board, in consultation with districts, shall establish a uniform statewide system of annual reporting of emissions of criteria pollutants and toxic air contaminants for a stationary source.
(2) The state board shall require a stationary source to report to the state board its annual emissions of criteria pollutants and toxic air contaminants using the uniform statewide system of annual reporting developed pursuant to paragraph (1).
(c) With the report required pursuant to paragraph (2) of subdivision (b), the state board may require, as appropriate, a stationary source to provide relevant facility-level emissions data.
(d) The state board may require, as appropriate, a stationary source to verify or certify the accuracy of its annual emissions reports by a third-party verifier or certifier that is accredited by the state board.
(Added by Stats. 2017, Ch. 136, Sec. 1. (AB 617) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39607.3.

39607.3. (a)  The state board shall, not later than January 1, 1998, and triennially thereafter, approve, following a public hearing, an update to the emission inventory required by subdivision (b) of Section 39607.
(b)  Each inventory update shall include all of the following:
(1)  The state board’s and each district’s best estimates of emissions from all sources, including, but not limited to, motor vehicles, nonroad mobile sources, stationary sources, areawide sources, and biogenic sources.
(2)  A detailed verification of source category emission rate data with available scientific data, including, but not limited to, actual measurements of pollutants in the atmosphere, and an explanation of any discrepancies.
(3)  An update to a mobile source emission inventory for any air quality attainment plan required by the federal Clean Air Act (42 U.S.C.A. Sec. 7401 et seq.) or this division, that considers all available information regarding current and projected vehicle miles traveled, vehicle trips, demographics, and other nontechnological factors affecting the mobile source emission inventory, and bases the mobile source emission inventory upon the best information available to achieve compliance.
(c)  Any emission inventory update approved on or after January 1, 1997, shall comply with this section.
(d)  The Legislature hereby finds and declares that it is in the interests of the state that air quality plans be based on accurate emission inventories. Inaccurate inventories that do not reflect the actual emissions into the air can lead to misdirected air quality control measures, resulting in delayed attainment of standards and unnecessary and significant costs.
(Added by Stats. 1996, Ch. 763, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39607.4.

39607.4. On and after January 1, 2007, as part of its responsibilities under Section 39607, and in order to streamline, consolidate, and unify the inventory of air emissions under one agency in state government, the state board shall prepare, adopt, and update the inventory formerly required to be adopted and updated by the State Energy Resources Conservation and Development Commission pursuant to Chapter 8.5 (commencing with Section 25730) of Division 15 of the Public Resources Code.
(Added by Stats. 2006, Ch. 77, Sec. 43. Effective July 18, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39608.

39608. (a)  The state board, in consultation with the districts, shall identify, pursuant to subdivision (e) of Section 39607, and classify each air basin which is in attainment and each air basin which is in nonattainment for any state ambient air quality standard. This identification and classification shall be made on a pollutant-by-pollutant basis. Where the state board finds that data is not sufficient to determine the attainment or nonattainment status for an air basin, the state board shall identify the air basin as unclassified.
(b)  The state board may assign an attainment, nonattainment, or unclassified designation to one or more areas within any air basin unless the state board finds and determines that the pollutant for which the designation applies affects the entire region or is produced by emission sources throughout the region.
(c)  Designations made by the state board shall be reviewed annually and updated as new information becomes available.
(Amended by Stats. 1990, Ch. 932, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39609.

39609. On or before December 31, 1989, and at least every three years thereafter, the state board shall complete a study on the feasibility of employing air quality models and other analytical techniques to distinguish between emission control measures on the basis of their relative ambient air quality impact. As part of this study, the state board shall determine whether adequate modeling capability exists to support the use of air quality indicators or alternative measures of progress as specified in subdivision (f) of Section 39607 and Section 40914. The state board shall consult with districts and affected groups in conducting this study, and, after a public hearing, shall prepare and transmit its findings to each district for its use in developing plans pursuant to Chapter 10 (commencing with Section 40910).
(Amended by Stats. 1992, Ch. 945, Sec. 2. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39610.

39610. (a)  Not later than December 31, 1989, the state board shall identify each air basin, or subregion thereof, in which transported air pollutants from upwind areas outside the air basin, or subregion thereof, cause or contribute to a violation of the state ambient air quality standard for ozone, and shall identify the district of origin of the transported air pollutants based upon the preponderance of available evidence. The state board shall identify and determine the priorities of information and studies needed to make a more accurate determination, including, but not limited to, emission inventories, pollutant characterization, ambient air monitoring, and air quality models.
(b)  The state board shall, in cooperation with the districts, assess the relative contribution of upwind emissions to downwind ozone ambient air pollutant levels to the extent permitted by available data, and shall establish mitigation requirements commensurate with the level of contribution. In assessing the relative contribution of upwind emissions to downwind ozone ambient air pollutant levels, the state board shall determine if the contribution level of transported air pollutants is overwhelming, significant, inconsequential, or some combination thereof. Any determination by the state board shall be based upon a preponderance of the available evidence.
(c)  The state board shall make every reasonable effort to supply air pollutant transport information to heavily impacted districts prior to the development of plans to attain the state ambient air quality standards, shall consult with affected upwind and downwind districts, and shall adopt its findings at a public hearing.
(d)  The state board shall review and update its transport analysis at least once every three years.
(e)  The state board shall conduct appropriate studies to carry out its responsibilities under this section.
(Amended by Stats. 1994, Ch. 512, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39613.

39613. The state board shall impose a fee for any consumer product, as defined in Section 41712, sold in the state and any architectural coating sold in the state if a manufacturer’s total sales of consumer products or architectural coatings will result in the emission in the state of 250 tons per year or greater of volatile organic compounds. Revenues collected from the imposition of this fee shall be used to mitigate or reduce air pollution in the state created by consumer products and architectural coatings, as determined by the state board, and shall be expended solely for those programs.
(Added by Stats. 2003, 1st Ex. Sess., Ch. 1, Sec. 2. Effective October 28, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39614.

39614. (a) For purposes of this section, the following definitions apply:
(1) “2.0L partial consent decree” means the October 25, 2016, Amended Partial Consent Decree among the State Air Resources Board, Volkswagen AG et al., and the United States Department of Justice in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).
(2) “Investment plans” mean the plans required to be submitted to the state board for approval pursuant to Appendix C of the 2.0L partial consent decree.
(3) “Lead agency” means the state agency appointed by the Governor to implement Appendix D of the 2.0L partial consent decree.
(4) “State board” means the State Air Resources Board.
(5) “Volkswagen” means the defendants in the United States of America v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).
(b) (1) The state board shall strive to ensure that investments made pursuant to Appendix C of the 2.0L partial consent decree are aligned with the state’s priorities and provide for public transparency before approval.
(2) The lead agency shall strive to ensure that the expenditures made pursuant to Appendix D of the 2.0L partial consent decree are aligned with the state’s priorities and provide for public transparency before approval.
(c) (1) On and after the effective date of this section, the state board, in approving each of the investment plans proposed by Volkswagen, shall strive to ensure, to the maximum extent allowable under the 2.0L partial consent decree, both of the following:
(A) At least 35 percent of funds for the investment plan benefit low-income or disadvantaged communities disproportionately affected by air pollution.
(B) The periodic submission of progress reports to the state board on the implementation of the investment plan from Volkswagen or its subsidiary.
(2) The state board shall approve each investment plan at a public hearing.
(3) The state board shall post each proposed investment plan for public comment.
(4) Notwithstanding Section 10231.5 of the Government Code and pursuant to Section 9795 of the Government Code, the state board shall report annually to the Legislature on the progress of the implementation of the investment plan.
(d) (1) The lead agency shall strive to ensure, to the maximum extent allowable under the 2.0L partial consent decree, that 35 percent of the moneys received pursuant to Appendix D of the 2.0L partial consent decree benefit low-income or disadvantaged communities disproportionately affected by air pollution.
(2) Notwithstanding Section 10231.5 of the Government Code and pursuant to Section 9795 of the Government Code, the lead agency shall report annually to the Legislature on the proposed and actual expenditures of the moneys received pursuant to Appendix D of the 2.0L partial consent decree.
(Added by Stats. 2017, Ch. 26, Sec. 68. (SB 92) Effective June 27, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39616.5.

39616.5. (a) The state board shall not adopt any regulation that excludes the importation of compliant diesel fuel by entities that do not have refineries in California.
(b) For the purposes of this section, “compliant diesel fuel” means a diesel fuel that complies with the designated equivalent limits in paragraph (1) of subdivision (h) of Section 2282 of Title 13 of the California Code of Regulations.
(c) The state board may designate a fuel as a compliant diesel fuel if an importer demonstrates that the relevant properties of the diesel fuel to be imported are equivalent to the properties of California Air Resources Board (CARB) diesel fuel blends being certified for sale in California.
(d) For the purposes of this section, “relevant properties” include all of the following:
(1) Aromatic hydrocarbon content.
(2) Polycyclic aromatic hydrocarbon content.
(3) API gravity.
(4) Cetane number.
(5) Nitrogen content.
(6) Sulfur content.
(Added by Stats. 2006, Ch. 11, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 2 - STATE AIR RESOURCES BOARD › CHAPTER 3 - General Powers and Duties › Section 39617.

39617. Any rule, regulation, or control measure adopted pursuant to this division which allows for the use of mobile source emission reduction credits through the acceleration of the retirement of in-use motor vehicles, the repair or retirement of gross-polluting and other high-emitting vehicles, or other similar methods of reducing air pollution shall allow the person using the method to calculate the emission reductions by any of the following methods:
(a)  The measurement of actual air emissions from those motor vehicles repaired or retired as a result of the rule, regulation, or control measure, pursuant to the methodology and criteria established pursuant to Section 39607.5, or, prior to adoption of the methodology by the state board, by any alternate methodology approved by the agency which has adopted the rule, regulation, or control measure, if that methodology is consistent with federal law and with subdivision (b) of Section 39607.5.
(b)  The use of a statistically representative sample of the motor vehicles repaired or retired as a result of the rule, regulation, or control measure, utilizing the methodology and criteria established pursuant to Section 39607.5, or, prior to adoption of the methodology by the state board, by any alternate methodology approved by the agency which has adopted the rule, regulation, or control measure, if that methodology is consistent with federal law and with subdivision (b) of Section 39607.5.
(c)  The use of vehicle fleet average emissions, as determined by the state board.
(d)  This section does not apply to any motor vehicle specified in subdivision (a), (b), (f), or (k) of Section 34500 of the Vehicle Code.
(Added by Stats. 1995, Ch. 805, Sec. 2. Effective January 1, 1996.)