PART 1. GENERAL PROVISIONS AND DEFINITIONS [39000. - 39060.]

Part 1 added by Stats. 1975, Ch. 957.

§§ 39000–39060 · 92 sections

1. CHAPTER 1. Findings, Declarations, and Intent §§ 39000–39005 · 6 sections

   • § 39000 The Legislature finds and declares that the people of the State of California have a primary interest in the quality of the physical environment in which they…
   • § 39001 The Legislature, therefore, declares that this public interest shall be safeguarded by an intensive, coordinated state, regional, and local effort to protect…
   • § 39002 Local and regional authorities have the primary responsibility for control of air pollution from all sources other than vehicular sources. The control of…
   • § 39003 The State Air Resources Board is the state agency charged with coordinating efforts to attain and maintain ambient air quality standards, to conduct research…
   • § 39004 The reenactment of this division by the Legislature during the 1975–76 Regular Session of the Legislature shall have no effect on the existence of any district…
   • § 39005 The reenactment of this division by the Legislature during the 1975–76 Regular Session of the Legislature shall have no effect on any order, rule, or…
2. CHAPTER 2. Definitions §§ 39010–39060 · 86 sections

   • § 39010 Unless the context requires otherwise, a definition set forth in this chapter shall govern the construction of this division, unless and until rules and…
   • § 39010.5 “Acid deposition” means the wet or dry deposition of acid chemical compounds from the atmosphere.
   • § 39010.6 “Acid deposition precursor” means an air contaminant which may be transformed to an acid gas or particle in the atmosphere.
   • § 39011 “Agricultural burning” means open outdoor fires used in any of the following: (a) Agricultural operations in the growing of crops or raising of fowl or…
   • § 39011.5 (a) “Agricultural source of air pollution” or “agricultural source” means a source of air pollution or a group of sources used in the production of crops, or…
   • § 39012 “Air basin” means an area of the state designated by the state board pursuant to subdivision (a) of Section 39606.
   • § 39013 “Air contaminant” or “air pollutant” means any discharge, release, or other propagation into the atmosphere and includes, but is not limited to, smoke, charred…
   • § 39014 “Ambient air quality standards” means specified concentrations and durations of air pollutants which reflect the relationship between the intensity and…
   • § 39014.3 “Antelope Valley district” means the Antelope Valley Air Quality Management District created pursuant to Chapter 14 (commencing with Section 41300) of Part 3.
   • § 39014.5 “Antelope Valley district board” means the governing board of the Antelope Valley Air Quality Management District.
   • § 39015 “Bay district” means the Bay Area Air Quality Management District continued in existence pursuant to Chapter 4 (commencing with Section 40200) of Part 3.
   • § 39016 “Bay district board” means the governing body of the bay district.
   • § 39016.5 “Bureau” means the Bureau of Automotive Repair in the Department of Consumer Affairs.
   • § 39017 “Bus” has the same meaning as defined in Section 233 of the Vehicle Code.
   • § 39018 “Certification” means a finding by the state board that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device has satisfied the…
   • § 39019 “Certified device” means a motor vehicle pollution control device with a certification, and includes a motor vehicle pollution control device previously…
   • § 39019.5 “Cogeneration technology” has the same meaning as defined in Section 25134 of the Public Resources Code.
   • § 39019.6 “Cogeneration technology project” shall not include existing equipment owned or operated by the applicant or host industry which is not modified as a result of…
   • § 39020 “Combustible or flammable solid waste” means any garbage, rubbish, trash, rags, paper, boxes, crates, excelsior, ashes, offal, carcass of a dead animal, or any…
   • § 39021 “Commercial vehicle” has the same meaning as defined in Section 260 of the Vehicle Code.
   • § 39021.5 “Components of emissions control systems” are those parts included in the state board’s “Emissions Warranty Parts List,” dated December 14, 1978, referenced in…
   • § 39022 “County district” means a district continued in existence pursuant to Chapter 2 (commencing with Section 40100) of Part 3.
   • § 39023 “County district board” means the governing body of a county district.
   • § 39023.3 “Fugitive emissions” mean those emissions that cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Notwithstanding…
   • § 39024 “Crankcase emissions” means substances emitted directly to the atmosphere from any opening leading to the crankcase of a motor vehicle engine. Crankcase gases…
   • § 39024.5 “Department” means the Department of Consumer Affairs.
   • § 39024.6 “Direct import vehicle” means any light-duty motor vehicle manufactured outside of the United States which was not intended by the manufacturer for sale in the…
   • § 39025 “District” means an air pollution control district or an air quality management district created or continued in existence pursuant to provisions of Part 3…
   • § 39026 “District board” means the governing body of a district.
   • § 39026.5 “Elderly low-income person” means an individual over 62 years of age who resides in a household wherein the combined adjusted gross income, as defined in…
   • § 39027 “Emission standards” means specified limitations on the discharge of air contaminants into the atmosphere.
   • § 39027.3 (a) “Bidirectional control” means the capability of a diagnostic tool to send messages on the data (bus) that temporarily overrides the module’s control over a…
   • § 39027.5 (a) “Emissions retrofit device” means an exhaust device certified pursuant to Section 43630 or approved for use pursuant to Section 27156 of the Vehicle Code…
   • § 39028 “Exhaust device” means a motor vehicle pollution control device to reduce exhaust emissions.
   • § 39029 “Exhaust emissions” means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine.
   • § 39030 “Flue” means any duct or passage for air, gases, or the like, such as a stack or chimney.
   • § 39031 “Fuel evaporative loss emissions” means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle.
   • § 39032 “Fuel system” means the combination of fuel tank, fuel lines and carburetor, or fuel injector, and includes all vents and fuel evaporative emission control…
   • § 39032.5 “Gross polluter” means a vehicle with excess hydrocarbon, carbon monoxide, or oxides of nitrogen emissions as established by the department in consultation…
   • § 39033 “Heavy-duty” means having a manufacturer’s maximum gross vehicle weight rating of 6,001 or more pounds.
   • § 39034 “Implement of husbandry” has the same meaning as defined in Chapter 1 (commencing with Section 36000), Division 16 of the Vehicle Code.
   • § 39035 “Light-duty” means having a manufacturer’s maximum gross vehicle weight rating of under 6,001 pounds.
   • § 39037 “Local or regional authority” means the governing body of any city, county, or district.
   • § 39037.05 “Low-emission motor vehicle” means a motor vehicle which has been certified by the state board to meet all applicable emission standards and which meets at…
   • § 39037.1 “Marine vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or watercraft, except those used primarily for recreation.
   • § 39037.5 “Medium-duty” means a heavy-duty vehicle having a manufacturer’s gross vehicle weight rating under a limit established by the state board.
   • § 39038 “Model year” means the manufacturer’s annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production…
   • § 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.
   • § 39038.5 “Mojave Desert district board” means the governing board of the Mojave Desert district.
   • § 39039 “Motor vehicle” has the same meaning as defined in Section 415 of the Vehicle Code.
   • § 39040 “Motor vehicle pollution control device” means equipment designed for installation on a motor vehicle for the purpose of reducing the air contaminants emitted…
   • § 39041 “Motorcycle” has the same meaning as defined in Section 400 of the Vehicle Code.
   • § 39042 “New motor vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser.
   • § 39042.5 “New motor vehicle engine” means a new engine in a motor vehicle.
   • § 39043 “Nonvehicular sources” means all sources of air contaminants, including the loading of fuels into vehicles, except vehicular sources.
   • § 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…
   • § 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…
   • § 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…
   • § 39046 “Passenger vehicle” has the same meaning as defined in Section 465 of the Vehicle Code.
   • § 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…
   • § 39047.2 “PM2.5” means particulate matter 2.5 microns and smaller in size.
   • § 39047.5 “Qualifying facility” means a qualifying small power production facility as defined in Section 228.5 of the Public Utilities Code.
   • § 39048 “Racing vehicle” means a competition vehicle not used on public highways.
   • § 39049 “Regional district” means a district created pursuant to Chapter 5 (commencing with Section 40300) of Part 3.
   • § 39050 “Regional district board” means the governing body of a regional district.
   • § 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…
   • § 39050.7 “Sacramento district” means the Sacramento Metropolitan Air Quality Management District created pursuant to Chapter 10 (commencing with Section 40950) of Part…
   • § 39050.8 “Sacramento district board” means the governing body of the Sacramento district.
   • § 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…
   • § 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…
   • § 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…
   • § 39052 “Solid waste dump” means any accumulation for the purpose of disposal of any solid waste.
   • § 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.
   • § 39052.6 “South coast district board” means the governing body of the south coast district.
   • § 39053 “State board” means the State Air Resources Board.
   • § 39053.3 “Title V” means Title V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.).
   • § 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…
   • § 39053.6 “Trading program with capped emissions” or “emission-capped trading program” means a market-based incentive trading program adopted pursuant to subdivision (b)…
   • § 39054 “Truck” means a motor truck as defined in Section 410 of the Vehicle Code.
   • § 39055 “Truck tractor” has the same meaning as defined in Section 655 of the Vehicle Code.
   • § 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…
   • § 39056 “Unified district” means a district created or continued in existence pursuant to Chapter 3 (commencing with Section 40150) of Part 3.
   • § 39057 “Unified district board” means the governing body of a unified district.
   • § 39058 “Used motor vehicle” means any motor vehicle which is not a new motor vehicle.
   • § 39059 “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.
   • § 39060 “Vehicular sources” means those sources of air contaminants emitted from motor vehicles.