{"code":"HSC","codeName":"Health and Safety Code","section":"42350","citation":"Health & Saf. Code, § 42350","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 26. AIR RESOURCES [39000. - 44475.3.]","url":"https://blackletter.si/health-and-safety-code/division-26"},{"name":"PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500. - 42710.]","url":"https://blackletter.si/health-and-safety-code/division-26/part-4"},{"name":"CHAPTER 4. Enforcement [42300. - 42454.]","url":"https://blackletter.si/health-and-safety-code/division-26/part-4/chapter-4"},{"name":"ARTICLE 2. Variances [42350. - 42364.]","url":"https://blackletter.si/health-and-safety-code/division-26/part-4/chapter-4/article-2"}],"history":"Amended by Stats. 1996, Ch. 618, Sec. 5.   Effective January 1, 1997.","effective":"1997-01-01","html":"<p>(a) Any person may apply to the hearing board for a variance from Section <a href=\"/hsc/41701\">41701</a> or from the rules and regulations of the district. </p><p>(b) (1) If the district board has established a permit system by regulation pursuant to Section <a href=\"/hsc/42300\">42300</a>, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace. </p><p>(2) Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use. </p><p>(3) In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement. </p>","text":"(a) Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district. (b) (1) If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace. (2) Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use. (3) In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement.","otherVersions":[],"url":"https://blackletter.si/health-and-safety-code/variances-42350","source":"California Legislative Information bulk export (pubinfo)"}