PART 3. AIR POLLUTION CONTROL DISTRICTS [40000. - 41357.]

Part 3 added by Stats. 1975, Ch. 957.

§§ 40000–41357 · 466 sections

1. CHAPTER 1. General Provisions §§ 40000–40006 · 7 sections

   • § 40000 The Legislature finds and declares that local and regional authorities have the primary responsibility for control of air pollution from all sources, other…
   • § 40001 (a) Subject to the powers and duties of the state board, the districts shall adopt and enforce rules and regulations to achieve and maintain the state and…
   • § 40002 (a) There is continued in existence and shall be, in every county, a county district, unless the entire county is included within the Antelope Valley district,…
   • § 40003 A county may be in two or more districts, but not in two or more county districts.
   • § 40004 A district may sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution,…
   • § 40005 (a) A district may negotiate what share, if any, of the intellectual property, or benefits resulting from intellectual property, developed from the use of… see note
   • § 40006 (a) A district may send electronically instead of by mail a public notice required pursuant to this division. (b) A district shall send a public notice by mail…
2. CHAPTER 2. County Air Pollution Control Districts §§ 40100–40131 · 19 sections

   1. ARTICLE 1. Administration §§ 40100–40104 · 10 sections

      • § 40100 (a) Except as provided in Sections 40100.5 and 40100.6, a county board of supervisors shall be ex officio the county district board of the county. (b) The…
      • § 40100.5 (a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2)…
      • § 40100.5.5 (a) (1) Each member of a county district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board…
      • § 40100.6 (a) The 11 members of the San Diego County Air Pollution Control District governing board shall be appointed as follows: (1) Two members representing the board…
      • § 40100.6.5 (a) The San Diego County Air Pollution Control District, in addition to all other duties required of the San Diego County Air Pollution District pursuant to…
      • § 40100.7 (a) Section 40100.5 shall not apply to a county district if each city in the county consents, by the adoption of an ordinance or resolution, to the exclusion…
      • § 40101 (a) (1) The board of supervisors of a county in which a county district is functioning may appropriate funds to the county district, which funds shall be…
      • § 40102 A county district which is included entirely within another district created by special law, or pursuant to Chapter 5 (commencing with Section 40300), shall…
      • § 40103 When a county district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5…
      • § 40104 Notwithstanding any other provision of law, a county may delegate air pollution rulemaking and enforcement duties to a duly created joint powers authority…
   2. ARTICLE 2. Officers and Employees §§ 40120–40126 · 7 sections

      • § 40120 All county officers and employees shall be ex officio officers and employees, respectively, of the county district in the county by which they are employed.…
      • § 40121 In fixing compensation to be paid to a person subject to the civil service provisions of this article, the county district board shall provide a salary or wage…
      • § 40122 All officers and employees of a county district are entitled to the benefits of the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section…
      • § 40123 If any person is employed by a county district after certification without examination by the civil service commission or similar body because of his…
      • § 40124 In any county having a system of civil service, the county district board shall, nevertheless, appoint the members of the county district hearing board and the…
      • § 40125 Any person entitled to participate in promotional examinations for positions in the county classified civil service shall similarly be entitled to participate…
      • § 40126 If the civil service commission, or body performing the functions thereof, in the county finds that any person has been employed by the county, or by any city…
   3. ARTICLE 3. District Budget Adoption §§ 40130–40131 · 2 sections

      • § 40130 The Legislature hereby finds and declares as follows: (a) It is in the public interest to ensure that districts adopt their budgets in an open process in order…
      • § 40131 (a) Each district shall adopt its annual budget in accordance with the following requirements: (1) The district shall prepare, and make available to the public…
3. CHAPTER 3. Unified Air Pollution Control Districts §§ 40150–40162 · 13 sections

   • § 40150 Two or more contiguous counties, all or part of which are county districts, may merge those county districts into one unified district pursuant to this chapter.
   • § 40151 The board of supervisors of any county may, by a vote of its members, appoint two of its members to meet with an equal number appointed in a like manner from…
   • § 40152 (a) On and after July 1, 1994, the membership of the governing board of each unified district, including any district formed on or after that date, shall…
   • § 40152.5 (a) Section 40152 shall not apply to a unified district if each city in the district consents, by the adoption of an ordinance or resolution, to the exclusion…
   • § 40154 (a) Each member of the unified district board shall, upon the adoption of a resolution by the unified district board at an open regular meeting, receive the…
   • § 40155 The boundaries of a unified district shall be the same as the boundaries of the counties of which it is comprised, or the balance of a county not included in…
   • § 40156 The unified district board may designate zones within the unified district.
   • § 40157 All county officers and employees of the counties entirely within the unified district, and all other county employees of the zones within the unified district…
   • § 40158 (a) The board of supervisors of each county included, in whole or in part, within the unified district shall appropriate such funds as are necessary to carry…
   • § 40159 (a) All appropriations made pursuant to subdivision (a) of Section 40158 are legal charges against the county in which the board of supervisors voted the…
   • § 40160 By the agreement ratified pursuant to Section 40151 or by resolution, a county treasurer of a member county shall be designated and shall act as the unified…
   • § 40161 When a unified district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5…
   • § 40162 Funding of the San Joaquin Valley Unified Air Pollution Control District, or, if the unified district ceases to exist, of the valley district if created…
4. CHAPTER 4. Bay Area Air Quality Management District §§ 40200–40276 · 38 sections

   1. ARTICLE 1. Jurisdiction §§ 40200–40201 · 2 sections

      • § 40200 A district, which is called the Bay Area Air Quality Management District, which was formerly known as the Bay Area Air Pollution Control District, is hereby…
      • § 40201 The bay district shall continue to transact business and exercise its powers under this division in the counties, and portions of counties, specified in…
   2. ARTICLE 2. City Selection Committee §§ 40210–40212 · 3 sections

      • § 40210 The city selection committee organized in each county within the bay district pursuant to Article 11 (commencing with Section 50270), Chapter 1, Part 1,…
      • § 40211 Where the bay district may transact business and exercise its powers only in a portion of a county, the membership of the city selection committee of such…
      • § 40212 With regard to the city selection committee appointment to the bay district board for the City and County of San Francisco, the mayor shall make the…
   3. ARTICLE 3. Governing Body §§ 40220–40234 · 17 sections

      • § 40220 The bay district board is the governing body of the bay district and shall exercise all the powers of the bay district.
      • § 40220.5 The bay district board shall be a board of directors consisting of members appointed pursuant to Section 40221.5 from each county included, in whole or in…
      • § 40221 A county with a population of 300,000 or less shall appoint one member of the bay district board; a county with a population of 750,000 or less, but more than…
      • § 40221.5 (a) The members of the bay district board shall be appointed as follows: (1) For a county entitled to appoint one member of the bay district board, the board…
      • § 40222 Each member appointed by the board of supervisors shall hold office for a term of four years and until the appointment and qualification of his successor, and…
      • § 40223 Any vacancy on the bay district board shall be filled by appointment in the same manner as the vacating member was appointed. Any member of the bay district…
      • § 40224 If any member of the bay district board is recalled from his or her office as a supervisor, mayor, or city council member, pursuant to Division 11 (commencing…
      • § 40225 No supervisor, mayor, or city council member shall hold office on the bay district board for a period of more than three months after ceasing to hold the…
      • § 40226 A majority of the members of the bay district board constitutes a quorum for the transaction of business and may act for the bay district board.
      • § 40227 (a) Each member of the bay district board is entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties. (b) Each…
      • § 40228 The bay district board may appoint an executive secretary to perform such duties as may be assigned to the executive secretary by the bay district board.
      • § 40229 The bay district board may, by ordinance, adopt a civil service system for any or all employees of the bay district, except that the executive secretary and…
      • § 40230 The bay district board may establish, within the bay district, zones wherein special regulations are warranted. In establishing such zones, the bay district…
      • § 40231 The bay district board may establish, within the bay district, zones wherein differing tax formulas may be applied. In establishing such zones, the bay…
      • § 40232 Except as provided in Section 41705, the bay district board shall establish standards for the emission of identifiable odor-causing substances. Exceptions or…
      • § 40233 (a) Notwithstanding any other provision of law, the bay district shall adopt, implement, and enforce transportation control measures for the attainment of…
      • § 40234 In adopting any regulation, the bay district board shall comply with Section 40703.
   4. ARTICLE 4. Advisory Council §§ 40260–40268 · 9 sections

      • § 40260 As used in this article, “council” means the Bay Area Air Quality Management Advisory Council.
      • § 40261 There is continued in existence the Bay Area Air Quality Management Council, which was formerly known as the Bay Area Air Pollution Control Advisory Council,…
      • § 40262 The council shall consist of the following: (a) The chair of the bay district board, who shall serve as an ex officio member. (b) Seven members who shall be…
      • § 40263 Each council member shall hold office for a term of two years and until the appointment and qualification of his successor.
      • § 40264 Any member of the council may be removed at any time by the majority vote of the bay district board.
      • § 40265 Any vacancy on the council shall be filled by appointment in the same manner as the vacating member was appointed, except that the member appointed to fill the…
      • § 40266 (a) Each council member may receive actual and necessary expenses incurred in the discharge of their duties. (b) Each council member may receive compensation,…
      • § 40267 The council shall select a chairman and vice chairman and such other officers as it deems necessary.
      • § 40268 The council shall meet as frequently as the bay district board or the council deem necessary, but not less than four times a year.
   5. ARTICLE 5. Financial Provisions §§ 40270–40276 · 7 sections

      • § 40270 The bay district may borrow money and incur indebtedness in anticipation of the revenue for the current year in which the indebtedness is incurred or for the…
      • § 40271 Before the first day of September of each year, the bay district board shall estimate and determine the amount of money required by the bay district for its…
      • § 40272 On or before the first day of September of each year, the bay district board shall certify to the auditor of each county the total amount apportioned to the…
      • § 40273 Taxes levied by the board of supervisors for the benefit of the bay district shall be a lien upon all property within such county, or portion thereof, lying…
      • § 40274 The treasurers of the counties included, in whole or in part, within the bay district shall pay into the bay district treasury all funds held by them to the…
      • § 40275 The bay district treasury shall be in the custody of the county treasurer of a county within the bay district designated by the bay district board, and that…
      • § 40276 The bay district board shall, in carrying out the provisions of this article, comply as nearly as possible with the provisions of Chapter 1 (commencing with…
5. CHAPTER 5. Regional Air Pollution Control Districts §§ 40300–40392 · 39 sections

   1. ARTICLE 1. Creation of Regional Districts §§ 40300–40304 · 5 sections

      • § 40300 (a) The boards of supervisors of two or more counties within an air basin may hold a public hearing to determine whether the counties under their jurisdiction…
      • § 40301 Prior to the public hearing, the board of supervisors shall give, not less than 15 days nor more than 45 days before the hearing, notice of the time and place…
      • § 40302 Upon conclusion of the public hearing, the board of supervisors may adopt a resolution declaring that there is need for a regional district to function in the…
      • § 40303 Upon adoption of a resolution pursuant to Section 40302, the board of supervisors shall file a certified copy of the resolution with the state board.
      • § 40304 From and after the date of the filing of certified copies of resolutions from two or more boards of supervisors desiring to create a regional district, the…
   2. ARTICLE 2. City Selection Committee §§ 40310–40314 · 5 sections

      • § 40310 The city selection committee organized in each county within a regional district pursuant to Article 11 (commencing with Section 50270), Chapter 1, Part 1,…
      • § 40311 Where a regional district may transact business and exercise its powers only in a portion of a county, the membership of the city selection committee of such…
      • § 40312 The city selection committee for each county shall meet within 90 days after the adoption of the resolution by the board of supervisors to create a regional…
      • § 40313 The clerk of the board of supervisors shall notify, in writing, the board of supervisors and the clerk of the regional district board of the appointment made…
      • § 40314 Members of a city selection committee may be allowed their actual expenses incurred in the discharge of their duties pursuant to this article.
   3. ARTICLE 3. Governing Body §§ 40320–40330 · 12 sections

      • § 40320 A regional district board is the governing body of the regional district and shall exercise all the powers of the regional district.
      • § 40321 A group consisting of one member of the board of supervisors and one member of the city selection committee, appointed by their respective bodies, from each…
      • § 40322 The agreement entered into, pursuant to Section 40321, shall provide one of the following alternatives: (a) The number of supervisors, and the number of…
      • § 40322.5 (a) Notwithstanding any other provision of this chapter, on and after July 1, 1994, the membership of the governing board of each regional district, including…
      • § 40323 Members of a newly created regional district board shall serve terms which shall expire on the first day of June of the third year following the year in which…
      • § 40324 Any vacancy on a regional district board shall be filled by appointment in the same manner as the vacating member was appointed. Any member of a regional…
      • § 40325 If any member of a regional district board is recalled from his or her office as a supervisor, mayor, or city council member, pursuant to Division 11…
      • § 40326 No supervisor, mayor, or city council member shall hold office on a regional district board for a period of more than three months after ceasing to hold the…
      • § 40327 A majority of the members, or the members with a majority of the voting weight, of a regional district board constitutes a quorum for the transaction of…
      • § 40328 Each member of a regional district board shall receive the actual and necessary expenses incurred by him in the performance of his duties, plus a compensation…
      • § 40329 A regional district board may appoint an executive secretary to perform such duties as may be assigned to the executive secretary by the regional district…
      • § 40330 A regional district board may, by ordinance, adopt a civil service system for any or all employees of the regional district, except that the executive…
   4. ARTICLE 4. Advisory Council §§ 40360–40365 · 6 sections

      • § 40360 As used in this article, “council” means an air pollution control advisory council appointed pursuant to Section 40361.
      • § 40361 A regional district board may appoint an air pollution control advisory council to advise and consult with the regional district board and regional district…
      • § 40362 The council shall consist of the chairman of the regional district board, who shall serve as an ex officio member, and members who preferably are skilled and…
      • § 40363 Council members shall serve without compensation, but may be allowed actual expenses incurred in the discharge of their duties.
      • § 40364 The council shall select a chairman and vice chairman and such other officers as it deems necessary.
      • § 40365 The council shall meet as frequently as the regional district board or the council deem necessary.
   5. ARTICLE 5. Financial Provisions §§ 40370–40377 · 8 sections

      • § 40370 A regional district may borrow money and incur indebtedness in anticipation of the revenue for the current year in which the indebtedness is incurred or for…
      • § 40371 Before the 15th day of June of each year, the regional district board shall estimate and determine the amount of money required by the regional district for…
      • § 40372 On or before the 15th day of June of each year, the regional district board shall inform the board of supervisors of each county of the amount apportioned to…
      • § 40373 Taxes levied by a board of supervisors for the benefit of a regional district shall be a lien upon all property within such county, or that portion thereof,…
      • § 40374 (a) (1) At any time prior to the first receipt by a regional district of revenues from taxation, the counties within the regional district may loan any…
      • § 40375 The treasurers of the counties included, in whole or in part, within a regional district shall pay into the regional district treasury all funds held by them…
      • § 40376 A regional district treasury shall be in the custody of the county treasurer of a county in the regional district designated by the regional district board,…
      • § 40377 A regional district board shall, in carrying out the provisions of this article, comply as nearly as possible with the provisions of Chapter 1 (commencing with…
   6. ARTICLE 6. Withdrawal of County From Regional District §§ 40390–40392 · 3 sections

      • § 40390 The board of supervisors of a county within a regional district may withdraw the county, or portion thereof, from the regional district to form a county…
      • § 40391 The withdrawal of a county, or portion thereof, shall not affect the functioning of other counties within the regional district, and such withdrawal shall not…
      • § 40392 A board of supervisors shall give at least two months’ notice to the regional district board of its intention to withdraw the county, or portion thereof, from…
6. CHAPTER 5.5. South Coast Air Quality Management District §§ 40400–40540 · 127 sections

   1. ARTICLE 1. General Provisions §§ 40400–40408 · 9 sections

      • § 40400 This chapter shall be known and may be cited as the “Lewis-Presley Air Quality Management Act.”
      • § 40402 The Legislature finds and declares all of the following: (a) That the South Coast Air Basin is a geographical entity not reflected by political boundaries. (b)…
      • § 40404 The Legislature further finds and declares that the south coast district shall take a leadership role to sponsor, coordinate, and promote projects which…
      • § 40404.5 The Legislature further finds and declares that the south coast district, in fulfilling its directive to require the use of best available control technology…
      • § 40405 (a) As used in this chapter, “best available control technology” means an emission limitation that will achieve the lowest achievable emission rate for the…
      • § 40406 As used in this chapter, “best available retrofit control technology” means an emission limitation that is based on the maximum degree of reduction achievable,…
      • § 40407 As used in this chapter, “electric plant” means an electric plant as defined in Section 217 of the Public Utilities Code, whether publicly or privately owned…
      • § 40407.5 As used in this chapter, “electronic or computer data storage” means paperless record retention utilizing optical, electronic, magnetic, micrographic, or…
      • § 40408 As used in this chapter, “plan” means the south coast district air quality management plan.
   2. ARTICLE 2. Creation of the South Coast Air Quality Management District §§ 40410–40414 · 6 sections

      • § 40410 There is hereby created the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino…
      • § 40410.5 (a) There is hereby established within the south coast district a sensitive zone, which shall include the general forecast areas known as the San…
      • § 40411 (a) The south coast district board may, by resolution, include all or part of the County of Santa Barbara or the County of Ventura within the south coast…
      • § 40412 The south coast district shall be the sole and exclusive local agency within the South Coast Air Basin with the responsibility for comprehensive air pollution…
      • § 40413 The board of supervisors of a county that is only included in part within the south coast district may, by resolution, request the south coast district board…
      • § 40414 No provision of this chapter shall constitute an infringement on the existing authority of counties and cities to plan or control land use, and no provision of…
   3. ARTICLE 3. Governing Body §§ 40420–40428 · 12 sections

      • § 40420 (a) The south coast district shall be governed by a district board consisting of 13 members appointed as follows: (1) One member appointed by the Governor,…
      • § 40421.5 For the purpose of complying with Section 50271 of the Government Code, each mayor shall designate a member of the city’s legislative body to attend and vote…
      • § 40422 (a) The term of each member of the south coast district board shall be four years and until his or her successor is appointed. Upon the expiration of his or…
      • § 40423 The south coast district board shall provide for the frequency and location of its meetings, except that no meeting of the south coast district board shall…
      • § 40424 (a) Except as provided in subdivision (b), seven members of the south coast district board shall constitute a quorum, and no official action shall be taken by…
      • § 40424.5 Voting by the south coast district board on the adoption of all items on its agenda shall be by rollcall. Unless any board member objects, a substitute…
      • § 40425 The south coast district board shall elect a chairperson every two years from its membership.
      • § 40426 (a) Each member of the south coast district board shall receive compensation of up to two hundred dollars ($200) for each day, or portion thereof, but not to…
      • § 40426.5 (a) Upon the request of any person, or on his or her own initiative, the Attorney General may file a complaint in the superior court for the county in which…
      • § 40426.7 (a) No retired, dismissed, or separated employee or officer of the south coast district, or member of the south coast district board, shall participate in any…
      • § 40427 The south coast district board shall determine the location of its headquarters and may establish branch offices in each of the counties included, in whole or…
      • § 40428 There is continued in existence the South Coast Air Quality Management District Advisory Council, which is appointed by the south coast district board, to…
   4. ARTICLE 4. General Powers and Duties §§ 40440–40459 · 36 sections

      • § 40440 (a) The south coast district board shall adopt rules and regulations that carry out the plan and are not in conflict with state law and federal laws and rules…
      • § 40440.1 (a) A market-based incentive program adopted pursuant to Section 39616 in the south coast district shall achieve emission reductions across a spectrum of…
      • § 40440.2 In addition to, and notwithstanding the requirements of, Section 39616, all of the following shall be implemented as part of the south coast district’s…
      • § 40440.3 For the purpose of complying with emissions monitoring requirements, the south coast district shall allow sources the option of using an electronic or computer…
      • § 40440.5 (a) Notice of the time and place of a public hearing of the south coast district board to adopt, amend, or repeal any rule or regulation relating to an air…
      • § 40440.7 (a) Whenever the south coast district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality…
      • § 40440.8 (a) Whenever the south coast district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality…
      • § 40440.10 The south coast district board, prior to approving any proposed revision to the best available control technology guidelines developed by the south coast…
      • § 40440.11 (a) In establishing the best available control technology that is more stringent than the lowest achievable emission rate pursuant to federal law for a…
      • § 40441 After adoption of the plan, the south coast district shall have the responsibility for securing the cooperation of other public entities in the implementation…
      • § 40442 If the plan is not adopted or approved in compliance with the schedule set forth in Section 40463, the powers and duties of the south coast district board with…
      • § 40443 The south coast district board shall adopt revised and updated nonvehicular source emission limitations for inclusion in the state’s implementation plan.
      • § 40444 The south coast district board shall adopt the necessary rules and regulations to implement the Air Pollution Emergency Plan developed by the state board.
      • § 40445 Pursuant to its authority under Section 40444 to implement the Air Pollution Emergency Plan of the state board, the south coast district board may adopt rules…
      • § 40445.5 (a) The south coast district board shall conduct hearings on the adoption and implementation of intermittent transportation controls which shall be applicable,…
      • § 40446 If requested by the state board, the south coast district board may assist in the administration and enforcement of any state statute establishing an…
      • § 40447 The south coast district board may request the state board to investigate the emission reduction capabilities of any motor vehicle pollution control devices…
      • § 40447.5 Notwithstanding any other provision of law, the south coast district board may adopt regulations that do all of the following: (a) Require operators of public…
      • § 40447.6 (a) Notwithstanding any other provision of law, the south coast district board may, subject to the approval of the state board, adopt regulations that specify…
      • § 40448 (a) The south coast district shall maintain an office of public advisor and small business assistance to provide administrative and technical services and…
      • § 40448.5 (a) The south coast district shall establish an Office of Technology Advancement to administer the clean-burning fuels program established pursuant to this…
      • § 40448.5.1 (a) Prior to adopting the program specified in subdivision (b) of Section 40448.5 and prior to expending any funds for any research, development, or…
      • § 40448.6 The Legislature hereby finds and declares all of the following: (a) It is necessary to increase the availability of financial assistance to small businesses…
      • § 40448.8 (a) As used in this section, “small business” has the same meaning as defined by the federal Small Business Administration, except that no stationary source…
      • § 40449 (a) No provision of this chapter is a limitation on the power of any city or county included, in whole or in part, within the south coast district to adopt any…
      • § 40450 Except as provided in Section 40449 regarding the adoption of stricter orders, rules, and regulations than those of the south coast district board, the board…
      • § 40451 (a) The south coast district shall use the Pollutant Standards Index developed by the United States Environmental Protection Agency and shall report and…
      • § 40451.5 On or before January 1, 2001, the south coast district shall revise its forecasting models to allow the district to predict, using state-of-the-science…
      • § 40452 The south coast district shall submit an annual report to the state board and the Legislature summarizing its regulatory activities for the preceding calendar…
      • § 40454 (a) Notwithstanding Section 40716 or 40717, or subdivision (c) of Section 40717.5, the south coast district shall not adopt or enforce any rule or regulation…
      • § 40455 Notwithstanding subdivision (e) of Section 40717, the south coast district shall not require any local agency to implement any transportation control measure…
      • § 40456 Except as provided in Section 43845, the south coast district shall not require any employer to charge its employees for parking.
      • § 40457 (a) The south coast district board shall convene a task force, that shall, on or before July 1, 2000, review, and assist in updating, the south coast…
      • § 40458 (a) Rules 1501 and 1501.1 adopted by the south coast district are void. (b) Rule 2202 adopted by the south coast district shall be amended in the following…
      • § 40458.5 (a) Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until…
      • § 40459 (a) (1) Except as provided in paragraph (4), on or before January 1, 2001, the operator of any facility within either the Port of Los Angeles or the Port of…
   5. ARTICLE 5. Plan §§ 40460–40471 · 13 sections

      • § 40460 (a) No later than January 31, 1979, the south coast district board shall adopt a plan to achieve and maintain the state and federal ambient air quality…
      • § 40461 The plan, as adopted and revised by the south coast district board, shall be in lieu of the basinwide air pollution control plan required pursuant to Chapter 2…
      • § 40462 (a) The plan and subsequent revisions shall contain deadlines for compliance with the federally mandated attainment of primary ambient air quality standards.…
      • § 40463 (a) The plan shall be formally reviewed every two years beginning in 1982 by the agencies responsible for preparing plan revisions. In the event of revisions,…
      • § 40464 The Southern California Association of Governments shall coordinate the efforts of the counties and cities in the process of developing and reviewing plan…
      • § 40465 The Southern California Association of Governments shall submit its plan elements to the south coast district board by June 1 of each odd-numbered year, except…
      • § 40466 (a) The south coast district board shall adopt plan revisions, pursuant to subdivision (a) of Section 40463, after holding public hearings throughout the south…
      • § 40467 Prior to formal submittal of this plan to the state board by the south coast district board, and during the time period specified in subdivision (a) of Section…
      • § 40468 The state board shall not require as a condition of approval of the plan or subsequent revisions, any indirect source review program or other land use control…
      • § 40469 (a) Following submittal by the south coast district, the state board shall review the plan to determine its adequacy to meet federally mandated primary ambient…
      • § 40469.5 Following the adoption of those portions of the plan that comply with the California Clean Air Act of 1988 (Chapter 1568, Statutes of 1988) and the federal…
      • § 40470 The Southern California Association of Governments shall participate in the joint agency review and conflict resolution processes established by Sections…
      • § 40471 (a) Within one year from the date that a new federal ambient air standard for PM2.5 is adopted, the south coast district shall make a preliminary assessment of…
   6. ARTICLE 6. Officers and Employees §§ 40480–40489 · 7 sections

      • § 40480 (a) The south coast district board shall employ the necessary staff to carry out its program throughout the south coast district. (b) The south coast district…
      • § 40481 The executive officer shall be appointed solely on the basis of his administrative and executive abilities and qualifications. The executive officer and…
      • § 40482 The south coast district board may delegate duties to the executive officer as it deems appropriate. The executive officer shall perform and discharge, under…
      • § 40483 The south coast district shall appoint a legal counsel who is admitted to the practice of law in this state.
      • § 40485 All officers and employees of the south coast district, other than members of the south coast district board, are entitled to the benefits of the County…
      • § 40486 When any person is employed by the south coast district, whose immediate prior employer was the Southern California Air Pollution Control District, for the…
      • § 40489 The south coast district may contract for such professional assistance as may be necessary or convenient for the exercise of duties imposed on the south coast…
   7. ARTICLE 7. Variances and Permits §§ 40500–40516 · 23 sections

      • § 40500 (a) In accordance with the purposes of this chapter as set forth in Section 40402, the south coast district board shall establish rules and regulations for the…
      • § 40500.1 (a) Except as required to comply with the Clean Air Act (42 U.S.C. Sec. 7401 et seq.), fees assessed on stationary sources in the south coast district pursuant…
      • § 40500.5 (a) Notwithstanding Section 40500, the south coast district board may prohibit the granting of variances by the hearing board from the provisions of a…
      • § 40501 (a) The south coast district board shall appoint a hearing board, or may authorize the board of supervisors of each county included, in whole or in part,…
      • § 40501.1 (a) On or before July 1, 1992, the south coast district board shall retire the current hearing board and appoint in its place a new hearing board with the…
      • § 40501.3 (a) Notwithstanding any other provision of this division, the south coast district board may authorize, by resolution, the holding of single-member hearings by…
      • § 40502 The revenues from the schedule of fees adopted by the south coast district board for the filing of applications for variances shall be collected by the hearing…
      • § 40503 (a) The south coast district hearing board, in determining whether the petitioner has presented evidence sufficient to make the findings specified in…
      • § 40504 The south coast district shall work with those persons granted variances to reduce emissions of air contaminants from their operations.
      • § 40505 Any form developed by the south coast district for use in filing an application for variance shall contain a notice to small businesses of the availability of…
      • § 40506 (a) In accordance with the purposes of this chapter as set forth in Section 40402, the south coast district board shall adopt rules and regulations for the…
      • § 40506.1 (a) The south coast district shall establish a consolidated permit which serves as (1) an authority to build, erect, alter, or replace an article, machine,…
      • § 40506.2 The south coast district may establish a program to certify private environmental professionals to prepare permit applications. The program shall provide for…
      • § 40507 The south coast district board, in making any order granting a permit, may specify the time during which the order shall be effective and may require the…
      • § 40508 The revenues from the schedule of fees for the filing of applications for permits shall be collected by the south coast district board at the time that the…
      • § 40509 Any person may petition the south coast district board to hold a public hearing on any application to issue or renew a permit.
      • § 40510 (a) The Legislature finds and declares as follows: (1) Total fees collected by the south coast district must continue to be capped in order to prevent the…
      • § 40510.5 In addition to the limits on total fee collections established by Sections 40500.1 and 40523, the south coast district board shall not increase any existing…
      • § 40510.7 The south coast district board may establish an annual charge, in an amount not to exceed the annual estimated cost of sending notices required by this…
      • § 40511 The south coast district board may increase its fee schedule to generate sufficient revenues to pay for any district costs associated with the implementation…
      • § 40512 (a) The south coast district board may impose a fee surcharge based on a formula associated with quantity of emissions and the effect of these emissions on…
      • § 40515 (a) Any public utility owned by a municipal corporation within the south coast district shall provide public notice, pursuant to subdivision (b), before…
      • § 40516 (a) The south coast district shall establish expedited permit review and project assistance mechanisms for facilities or projects which are directly related to…
   8. ARTICLE 8. Financial Provisions §§ 40520–40540 · 21 sections

      • § 40520 Upon adoption of its budget for the next fiscal year, the south coast district board shall apportion the amount that each county included within the south…
      • § 40521 (a) For each fiscal year, the percentage increase in the county apportionments by the south coast district board may not exceed the percentage increase in the…
      • § 40522 The south coast district board may adopt a fee schedule for the approval of plans for the control of emissions of air contaminants, if the plans are required…
      • § 40522.5 (a) In addition to any other fees authorized by this article, the south coast district may adopt, by regulation, a schedule of fees to be assessed on areawide…
      • § 40522.7 The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for…
      • § 40523 The total amount of fees collected by the south coast district in any fiscal year shall not exceed the amount of fees collected by the district in the 1993–94…
      • § 40526 (a) The south coast district board may borrow money and incur indebtedness in anticipation of the revenue for the current year in which the indebtedness is…
      • § 40527 The south coast district board shall appoint a treasurer, who shall be the custodian of funds of the south coast district and who shall make payments only upon…
      • § 40528 The south coast district shall appoint a controller who shall be the accounting officer for the south coast district and who shall exercise general supervision…
      • § 40529 The south coast district board may, by resolution, cause to be drawn all warrants on the treasurer or checks on a bank against all funds, except funds for debt…
      • § 40530 The south coast district board may authorize, in writing, the controller to draw separate payroll warrants or checks in the names of the individual south coast…
      • § 40531 (a) Each payroll warrant or check shall show the closing date of the pay period for which it is issued, the date of issue, and a statement that it is drawn by…
      • § 40532 The south coast district board may authorize, in writing, the controller to issue warrants or checks in favor of the persons entitled to payment of all claims…
      • § 40533 The form of the warrants shall be prescribed by the south coast district board and approved by the treasurer.
      • § 40534 Except as specified in Section 40527, no county officer shall be responsible for producing reports, statements, and other data relating to or based upon…
      • § 40535 The south coast district shall provide the officials of the Los Angeles County Employees Retirement Association and the San Bernardino County Employees…
      • § 40536 All warrants, checks, vouchers, and supporting documents shall be kept by the south coast district if the procedure authorized under this article is…
      • § 40537 Notwithstanding Section 27005 of the Government Code, or any other section requiring warrants or orders for warrants to be signed by the county auditor, if the…
      • § 40538 The controller shall execute an official bond in an amount fixed by the south coast district board conditioned upon the faithful performances of his or her…
      • § 40539 If the auditor of the south coast district is a county auditor, he shall be provided, upon his request, a monthly listing of the warrants issued under this…
      • § 40540 Upon adoption of a resolution by the south coast district board to implement the procedure to issue warrants pursuant to this article, the procedure shall be…
7. CHAPTER 5.7. San Joaquin Valley Unified Air Pollution Control District §§ 40600–40608 · 10 sections

   • § 40600 (a) The San Joaquin Valley Unified Air Pollution Control District formed by the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and…
   • § 40600.5 (a) The special city selection committee is hereby created to appoint city council members to the district board. The membership of the special city selection…
   • § 40601 The district board may adopt rules and regulations by the earliest feasible date that do all of the following: (a) Require the use of best available control…
   • § 40602 (a) The district shall expand the office of small business, established by the district, to include agriculture assistance, in order to provide administrative…
   • § 40603 (a) The district shall establish expedited permit review and project assistance mechanisms for facilities or projects that are directly related to research and…
   • § 40604 (a) The district board shall adopt, by regulation, a schedule of fees to be assessed on areawide or indirect sources of emissions that are regulated, but for…
   • § 40605 (a) The district board shall adopt a surcharge on the registration fees applicable to all motor vehicles registered in those counties within the district, as…
   • § 40606 The district board has the authority to monitor emissions from all stationary agricultural pumps in the district, including, but not limited to, those…
   • § 40607 The district shall install one or more monitors for monitoring airborne fine particles smaller than 2.5 microns in diameter (PM 2.5) in primarily low-income…
   • § 40608 (a) The district may develop and adopt by regulation, not later than January 1, 2008, a program to offset or mitigate the increased emissions of air…
8. CHAPTER 5.8. San Joaquin Valley Clean Air Attainment Program §§ 40610–40613 · 3 sections

   • § 40610 The Legislature finds and declares as follows: (a) Residents of the San Joaquin Valley suffer some of the worst air quality in the world. This poor air quality…
   • § 40612 (a) In order to provide funding for air pollution control programs needed to achieve and maintain state and federal air quality, the district may do both of…
   • § 40613 The state board shall assess the district’s progress in using any fees assessed pursuant to Section 40612 to achieve and maintain state and federal ambient air…
9. CHAPTER 6. General Powers and Duties §§ 40700–40724.7 · 35 sections

   • § 40700 A district is a body corporate and politic and a public agency of the state.
   • § 40701 A district shall have power: (a) To have perpetual succession. (b) To sue and be sued in the name of the district in all actions and proceedings in all courts…
   • § 40701.5 (a) Funding for a district may be provided by, but is not limited to, any one or any combination of the following sources: (1) Grants. (2) Subventions. (3)…
   • § 40702 A district shall adopt rules and regulations and do such acts as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the…
   • § 40703 In adopting any regulation, the district shall consider, pursuant to Section 40922, and make available to the public, its findings related to the cost…
   • § 40704 A district board shall file with the state board, within 30 days any rule or regulation the district board adopts, amends, or repeals.
   • § 40704.5 (a) Notwithstanding any other provision of law, on and after July 1, 1994, the membership of the governing board of an air quality management district,…
   • § 40705 The district board shall provide for the number of personnel to be employed by the district air pollution control officer and for their duties and the times at…
   • § 40706 The district board shall determine the compensation of, and shall pay from district funds, the air pollution control officer, all other officers and employees,…
   • § 40707 All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
   • § 40708 The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code, shall not…
   • § 40709 (a) Every district board shall establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset…
   • § 40709.5 Any district which has established a system pursuant to Section 40709 by which reductions in emissions may be banked or otherwise credited to offset future…
   • § 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…
   • § 40709.7 (a) For the purposes of this section, “military base” means a military base that is designated for closure or downward realignment pursuant to the Defense Base…
   • § 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…
   • § 40711 (a) A banking system established pursuant to Section 40709 shall provide for registration of all interests in approved emission reductions. The registry shall…
   • § 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…
   • § 40713 Any system established pursuant to Section 40709 shall contain procedures for the approval of reductions in emissions of air contaminants comparable to…
   • § 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…
   • § 40715 (a) Every district shall establish and implement supplemental toxic air contaminant monitoring networks to supplement the existing monitoring capacity of the…
   • § 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…
   • § 40717 (a) A district shall adopt, implement, and enforce transportation control measures for the attainment of state or federal ambient air quality standards to the…
   • § 40717.5 (a) Any district that proposes to adopt or amend a rule or regulation pursuant to Section 40716 or 40717, which imposes any requirement on an indirect source…
   • § 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…
   • § 40717.8 (a) For purposes of this section, the following terms have the following meaning: (1) “Event center” means a community center, activity center, auditorium,…
   • § 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…
   • § 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…
   • § 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…
   • § 40720 (a) Each marine terminal in the state shall operate in a manner that does not cause trucks to idle or queue for more than 30 minutes while waiting to enter the…
   • § 40723 (a) It is the intent of the Legislature that, when an air district establishes best available control technology or lowest achievable emission rate…
   • § 40724 (a) Each district that is designated as a serious federal nonattainment area for an applicable ambient air quality standard for particulate matter as of…
   • § 40724.5 (a) By the earliest feasible date, but no later than January 1, 2007, each district that is designated a moderate federal nonattainment area for an applicable…
   • § 40724.6 (a) On or before July 1, 2005, the state board shall review all available scientific information, including, but not limited to, emissions factors for confined…
   • § 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…
10. CHAPTER 6.5. Regulations of Air Pollution Control and Air Quality Management Boards §§ 40725–40731 · 8 sections

    • § 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…
    • § 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…
    • § 40727 (a) Before adopting, amending, or repealing a rule or regulation, the district board shall make findings of necessity, authority, clarity, consistency,…
    • § 40727.2 (a) In complying with Section 40727, the district shall prepare a written analysis as required by this section. In the analysis, the district shall identify…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
11. CHAPTER 7. Air Pollution Control Officer §§ 40750–40753 · 4 sections

    • § 40750 Each district board shall appoint an air pollution control officer for the district.
    • § 40751 Subject to the direction of the district board, the air pollution control officer shall appoint district personnel, including any deputies necessary for the…
    • § 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,…
    • § 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…
12. CHAPTER 8. Hearing Boards §§ 40800–40865 · 33 sections

    1. ARTICLE 1. General Provisions §§ 40800–40809 · 11 sections

       • § 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,…
       • § 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…
       • § 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…
       • § 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…
       • § 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.
       • § 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,…
       • § 40805 Within 30 days after a regional district begins to function and exercise its powers, the regional district board shall appoint a hearing board.
       • § 40806 A hearing board shall select a chairman from its members.
       • § 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…
       • § 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…
       • § 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…
    2. ARTICLE 2. Procedure §§ 40820–40830 · 11 sections

       • § 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…
       • § 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.
       • § 40822 Any hearing conducted by a hearing board shall be held in a location readily accessible to the public.
       • § 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…
       • § 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…
       • § 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…
       • § 40826 In case of a hearing to consider an application for a variance, other than an interim variance or a 90-day variance, or an application for a modification of a…
       • § 40827 A hearing board shall serve a notice of the time and place of a hearing either by personal service or by first-class mail, postage prepaid. If either the…
       • § 40828 (a) A hearing board shall allow interested members of the public a reasonable opportunity to testify with regard to the matter under consideration, and shall…
       • § 40829 Any member of a hearing board may administer oaths in any hearing in which he participates as a member of the hearing board.
       • § 40830 At any hearing, a hearing board shall require any witness to be sworn before testifying.
    3. ARTICLE 3. Subpoenas §§ 40840–40844 · 5 sections

       • § 40840 Whenever the members of a hearing board conducting any hearing deem it necessary to examine any person as a witness at the hearing, the chairman of the hearing…
       • § 40841 A subpoena to appear before a hearing board shall be served in the same manner as a subpoena in a civil action.
       • § 40842 Whenever any person duly subpoenaed to appear and give evidence, or to produce any books and papers, before a hearing board neglects or refuses to appear, or…
       • § 40843 Upon receipt of a report submitted pursuant to Section 40842, the superior court shall proceed as specified in Section 11455.20 of the Government Code.
       • § 40844 On the return of the attachment and the production of the body of the defendant, the superior court has jurisdiction of the matter. The person charged may…
    4. ARTICLE 4. Decisions §§ 40860–40865 · 6 sections

       • § 40860 A hearing board shall announce its decision in writing. Copies of the decision shall immediately be filed with its clerk and mailed to all of the parties or…
       • § 40861 A hearing board may rehear a decision if a party petitions for a rehearing within 10 days after a copy of the decision has been mailed to him.
       • § 40862 The decision of a hearing board shall include the reasons for the decision.
       • § 40863 The decision shall become effective upon filing, unless the hearing board orders otherwise.
       • § 40864 (a) Judicial review may be had of a decision of a hearing board by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of…
       • § 40865 In any proceeding pursuant to Section 40864, the court shall receive in evidence any order, rule, or regulation of the district board, any transcript of the…
13. CHAPTER 9. Basinwide Air Pollution Control Councils § 40900 · 1 section

    • § 40900 There is continued in existence and shall be, in each air basin which is comprised of all or part of two or more districts, a basinwide air pollution control…
14. CHAPTER 10. District Plans to Attain State Ambient Air Quality Standards §§ 40910–40930 · 27 sections

    • § 40910 It is the intent of the Legislature in enacting this chapter that districts shall endeavor to achieve and maintain state ambient air quality standards for…
    • § 40911 (a) Except as provided in subdivision (b), each district which has been designated a nonattainment area for state ambient air quality standards for ozone,…
    • § 40912 The plans for districts responsible for or affected by air pollutant transport shall provide for attainment and maintenance of the state and federal standards…
    • § 40913 (a) Each district plan shall be designed to achieve and maintain the state standards by the earliest practicable date, as determined by the district and…
    • § 40914 (a) Each district plan shall be designed to achieve a reduction in districtwide emissions of 5 percent or more per year for each nonattainment pollutant or its…
    • § 40915 Each district plan shall contain contingency measures to be implemented upon a finding by the state board, pursuant to Section 41503.3, that the district is…
    • § 40916 (a) The state board shall make technical assistance available to a district, at the district’s request, to support attainment planning and air pollutant…
    • § 40917 Two or more districts within the same air basin shall cooperate to the extent reasonable and appropriate in developing plan elements of mutual concern. These…
    • § 40918 (a) Each district with moderate air pollution shall, to the extent necessary to meet the requirements of the plan developed pursuant to Section 40913, include…
    • § 40918.5 (a) Notwithstanding Sections 40918, 40919, and 40920, a district that does not have extreme air pollution may elect to not include a no-net-increase permitting…
    • § 40918.6 Following the implementation of Section 40918.5, both of the following shall occur: (1) The district governing board’s finding pursuant to paragraph (1) of…
    • § 40918.7 (a) Emission reduction offset credits created pursuant to subdivision (p) of Section 41865 shall be approved for use by a stationary source in another district…
    • § 40919 (a) Each district with serious air pollution shall, to the extent necessary to meet the requirements of the plan adopted pursuant to Section 40913, include the…
    • § 40920 Each district with severe air pollution shall, to the extent necessary to meet the requirements of Section 40913, include the following measures in its…
    • § 40920.5 Each district with extreme air pollution shall, to the extent necessary to meet the requirements of the plan developed pursuant to Section 40913, include the…
    • § 40920.6 (a) Prior to adopting rules or regulations to meet the requirement for best available retrofit control technology pursuant to Sections 40918, 40919, 40920, and…
    • § 40920.8 (a) The state board shall establish and maintain a statewide clearinghouse that identifies the best available control technology and best available retrofit…
    • § 40921 For the purposes of Sections 40918, 40919, 40920, and 40920.5, the designation of a district’s air pollution as “moderate,” “serious,” “severe,” or “extreme”…
    • § 40921.5 (a) For purposes of classifying ozone nonattainment areas pursuant to Sections 40918, 40919, 40920, and 40920.5, the terms moderate, serious, severe, and…
    • § 40922 (a) Each plan prepared pursuant to this chapter shall include an assessment of the cost effectiveness of available and proposed control measures and shall…
    • § 40923 (a) Upon the state board’s approval of a district’s attainment plan, and each January 1 thereafter, the district shall publish a list of regulatory measures…
    • § 40924 (a) On or before December 31 of each year following the state board’s approval of a district’s attainment plan, the district shall prepare and submit a report…
    • § 40925 (a) On or before December 31, 1994, and at least once every three years thereafter, every district shall review and revise its attainment plan to correct for…
    • § 40925.3 (a) The state board shall publish on a quarterly basis, or on a more frequent basis if determined necessary by the state board, a list of each district’s rules…
    • § 40925.5 (a) A district which is nonattainment for the state ozone standard shall be designated “nonattainment-transitional” by operation of law if, during a single…
    • § 40926 Nothing in this chapter restricts the authority of the state board or a district to adopt regulations to control suspended particulate matter, visibility…
    • § 40930 (a) Each district that has adopted a plan pursuant to this chapter shall, on or before January 31 of each year, prepare and submit to the state board a report…
15. CHAPTER 11. Sacramento Metropolitan Air Quality Management District §§ 40950–41093 · 32 sections

    1. ARTICLE 1. General Provisions §§ 40950–40953 · 4 sections

       • § 40950 The Legislature finds and declares as follows: (a) The Sacramento metropolitan region is a geographical and meteorological entity not reflected by political…
       • § 40951 As used in this chapter, “best available control technology” has the meaning provided in Section 40405.
       • § 40952 As used in this chapter, “best available retrofit control technology” has the meaning given in Section 40406.
       • § 40953 As used in this chapter, “strategy” means the Sacramento district air quality improvement strategy.
    2. ARTICLE 2. Creation of the Sacramento Metropolitan Air Quality Management District §§ 40960–40963 · 4 sections

       • § 40960 There is hereby created the Sacramento Metropolitan Air Quality Management District. The boundaries of the Sacramento district shall include all of the County…
       • § 40961 The Sacramento district is the local agency within the boundaries of the Sacramento district with the primary responsibility for the development,…
       • § 40962.5 Notwithstanding any other provision of law, as of July 1, 1996, Article 2 (commencing with Section 40120) of Chapter 2 shall not be applicable to the…
       • § 40963 (a) The Sacramento district board may, by resolution, include all or a portion of the County of Placer within the Sacramento district, upon receipt of a…
    3. ARTICLE 3. Governing Body §§ 40980–40982 · 3 sections

       • § 40980 (a) The Sacramento district shall, at a minimum, be governed by a district board composed of the Board of Supervisors of the County of Sacramento. (b) If the…
       • § 40981 The Sacramento district board shall elect a chairperson every two years from its membership.
       • § 40982 (a) Each member of the Sacramento district board shall receive actual and necessary expenses incurred while performing board duties. In addition, members may…
    4. ARTICLE 4. General Powers and Duties §§ 41010–41016 · 7 sections

       • § 41010 (a) The Sacramento district board shall adopt rules and regulations that are not in conflict with state and federal laws and rules and regulations that reflect…
       • § 41011 (a) After a public hearing, the Sacramento district may adopt regulations to require owners or operators of public or commercial motor vehicle fleets, or both,…
       • § 41012 In consultation with the Department of Transportation and other appropriate state and local public agencies, after a public hearing, the Sacramento district…
       • § 41013 The Sacramento district may adopt regulations to limit or mitigate the impact on air quality of indirect or areawide sources.
       • § 41014 The Sacramento district may conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to…
       • § 41015 This chapter does not constitute an infringement on the existing authority of local governments to plan or control land use, and nothing in this chapter…
       • § 41016 This chapter does not limit or restrict any authority of the City of Sacramento to adopt and implement any transportation system improvement program or air…
    5. ARTICLE 5. Sacramento Metropolitan Air Quality Coordinating Council § 41040 · 1 section

       • § 41040 The Sacramento district may, pursuant to agreement with one or more local agencies within the district, establish the Sacramento Metropolitan Air Quality…
    6. ARTICLE 6. Air Quality Improvement Strategy §§ 41060–41066 · 7 sections

       • § 41060 Not later than January 1, 1990, the Sacramento district shall adopt an air quality improvement strategy to reduce public exposure to air pollution and toxic…
       • § 41061 The strategy shall provide for the enforcement of regulations adopted pursuant to Section 41011 or 41013 and shall provide for the implementation and…
       • § 41062 (a) The strategy shall include a clean fuels program to provide, to the extent feasible and necessary to carry out the purposes of this chapter, a schedule for…
       • § 41063 The strategy shall provide for the implementation of all feasible measures to improve transportation system management and reduce or mitigate increases in…
       • § 41064 In preparing, evaluating, and amending the strategy, the district may contract with the Sacramento Area Council of Governments or with any private organization…
       • § 41065 The strategy shall include a public education program designed to achieve effective implementation of all feasible transportation system management measures.
       • § 41066 The strategy shall be consistent with any nonattainment area plan required by state or federal law, or any requirement imposed on a local agency with respect…
    7. ARTICLE 7. Financial Provisions §§ 41080–41082 · 3 sections

       • § 41080 (a) The Sacramento district may adopt a schedule of fees, levied on permitted and other sources of air pollution, subject to regulation by the Sacramento…
       • § 41081 (a) Subject to Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, or with the approval of the…
       • § 41082 Pursuant to Section 41081, the district may undertake programs which may include, but are not limited to, financial assistance to fleet operators for the…
    8. ARTICLE 8. Wildfire Smoke Air Pollution Emergency Plan §§ 41090–41093 · 3 sections

       • § 41090 (a) (1) The Sacramento district shall prepare a wildfire smoke air pollution emergency plan as an informational source for local agencies and the public during…
       • § 41092 (a) The Sacramento district board shall adopt the plan prepared pursuant to Section 41090 to be eligible for any available funding to implement the plan. (b)…
       • § 41093 The Sacramento district may conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to…
16. CHAPTER 13. Mojave Desert Air Quality Management District §§ 41200–41267 · 34 sections

    1. ARTICLE 1. General Provisions § 41200 · 1 section

       • § 41200 The Legislature finds and declares as follows: (a) The Mojave Desert region has serious air pollution problems caused by the transport of air pollution from…
    2. ARTICLE 2. Creation of the Mojave Desert Air Quality Management District §§ 41210–41211 · 2 sections

       • § 41210 (a) There is hereby created the Mojave Desert Air Quality Management District. (b) The boundaries of the Mojave Desert district shall include all of the County…
       • § 41211 The Mojave Desert district is the local agency with the primary responsibility for the development, implementation, monitoring, and enforcement of air…
    3. ARTICLE 3. Governing Body §§ 41220–41223 · 4 sections

       • § 41220 (a) The Mojave Desert district shall be governed by a district board composed of the following members: (1) The members of the San Bernardino County Board of…
       • § 41221 The Mojave Desert district board shall elect a chairperson every year from its membership.
       • § 41222 Voting by the Mojave Desert district board on the adoption of all items on its agenda shall be by rollcall. Unless any board member objects, a substitute…
       • § 41223 Notice of the time and place of a public hearing of the Mojave Desert district board to adopt, amend, or repeal any rule or regulation relating to an air…
    4. ARTICLE 4. General Powers and Duties §§ 41230–41233 · 4 sections

       • § 41230 (a) The Mojave Desert district board shall adopt rules and regulations that are not in conflict with state and federal laws, rules, and regulations and that…
       • § 41231 (a) After a public hearing, the Mojave Desert district may adopt regulations to require operators of public and commercial fleet vehicles, when adding vehicles…
       • § 41232 The Mojave Desert district shall conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect to…
       • § 41233 The Mojave Desert district may adopt regulations to limit or mitigate the impact on air quality of indirect or areawide sources pursuant to Section 40716.
    5. ARTICLE 5. Financial Provisions §§ 41240–41256 · 16 sections

       • § 41240 The Mojave Desert district may adopt a schedule of fees, levied on permitted and other sources of air pollution to recover its costs of implementing this…
       • § 41241 Pursuant to Section 41231, the district may undertake programs which may include, but are not limited to, financial assistance to fleet operators for the…
       • § 41243 The Mojave Desert district board may borrow money and incur indebtedness in anticipation of the revenue for the current year in which the indebtedness is…
       • § 41244 Upon adoption of a resolution by the Mojave Desert district board to implement the procedure to issue warrants pursuant to Sections 41245 to 41256, inclusive,…
       • § 41245 The Mojave Desert district board shall appoint a treasurer, who may be a county treasurer, who shall be the custodian of funds of the Mojave Desert district…
       • § 41246 The Mojave Desert district shall appoint a controller, who may be a county auditor, who shall be the accounting officer for the Mojave Desert district and who…
       • § 41247 The Mojave Desert district board may, by resolution, cause to be drawn all warrants on the treasurer against all funds, except funds for debt service, of the…
       • § 41248 The Mojave Desert district board may authorize, in writing, the controller to draw separate payroll warrants in the names of the individual Mojave Desert…
       • § 41249 The Mojave Desert district board may authorize, in writing, the controller to issue warrants in favor of the persons entitled to payment of all claims…
       • § 41250 The form of the warrants shall be prescribed by the Mojave Desert district board and approved by the treasurer.
       • § 41251 Except as specified in this article, no county officer shall be responsible for producing reports, statements, and other data relating to or based upon…
       • § 41252 The Mojave Desert district shall provide the officials of the San Bernardino County Employees Retirement Association, in the form prescribed by them, the data…
       • § 41253 All warrants, vouchers, and supporting documents shall be kept by the Mojave Desert district.
       • § 41254 Notwithstanding Section 27005 of the Government Code, or any other section requiring warrants or orders for warrants to be signed by the county auditor, if the…
       • § 41255 The controller shall execute an official bond in an amount fixed by the Mojave Desert district board conditioned upon the faithful performance of his or her…
       • § 41256 If the auditor of the Mojave Desert district is a county auditor, he or she shall be provided, upon his or her request, a monthly listing of the warrants…
    6. ARTICLE 6. Officers and Employees §§ 41260–41267 · 7 sections

       • § 41260 (a) The Mojave Desert district board shall employ the necessary staff to carry out its powers and duties. (b) The Mojave Desert district board shall appoint an…
       • § 41261 The air pollution control officer (APCO) and designated deputies of the Mojave Desert District shall serve at the pleasure of the Mojave Desert district board,…
       • § 41262 The Mojave Desert district shall appoint a legal counsel who is admitted to the practice of law in this state.
       • § 41264 All officers and employees of the Mojave Desert district, other than members of the Mojave Desert district board, are entitled to the benefits of the County…
       • § 41265 For the purpose of, but not limited to, retirement benefits, salary rates, seniority, and all fringe benefits, all time of employment with the San Bernardino…
       • § 41266 If the civil service commission, or body performing the functions thereof, in the Mojave Desert district finds that any person has been employed by the San…
       • § 41267 The Mojave Desert district may contract for any professional assistance that may be necessary or convenient for the exercise of its powers and duties.
17. CHAPTER 14. Antelope Valley Air Quality Management District §§ 41300–41357 · 36 sections

    1. ARTICLE 1. Creation of the Antelope Valley Air Quality Management District §§ 41300–41302 · 3 sections

       • § 41300 (a) Notwithstanding Section 40410 or any other provision of this part, that portion of the Antelope Valley that is located in northern Los Angeles County shall…
       • § 41301 The Antelope Valley district is the local agency with the primary responsibility for the development, implementation, monitoring, and enforcement of air…
       • § 41302 The Antelope Valley district shall commence operations on January 1, 2002, and on that date shall assume the authority and duties of the Antelope Valley Air…
    2. ARTICLE 2. Governing Body §§ 41310–41313 · 4 sections

       • § 41310 The Antelope Valley district shall be governed by a district board consisting of seven members, as follows: (a) Two members of the City Council of the City of…
       • § 41311 Voting by the Antelope Valley district board on the adoption of all items on its agenda shall be by rollcall. Unless any board member objects, a substitute…
       • § 41312 Notice of the time and place of a public hearing of the Antelope Valley district board to adopt, amend, or repeal any rule or regulation relating to an air…
       • § 41313 (a) (1) Each member of the Antelope Valley district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of…
    3. ARTICLE 3. General Powers and Duties §§ 41320–41323 · 4 sections

       • § 41320 (a) The Antelope Valley district board shall adopt rules and regulations that are not in conflict with state and federal laws, rules, and regulations and that…
       • § 41321 (a) After a public hearing, the Antelope Valley district may adopt regulations to require operators of public and commercial fleet vehicles, when adding…
       • § 41322 The Antelope Valley district shall conduct public education, marketing, demonstration, monitoring, research, and evaluation programs or projects with respect…
       • § 41323 The Antelope Valley district may adopt regulations to limit or mitigate the impact on air quality of an indirect or areawide source pursuant to Section 40716.
    4. ARTICLE 4. Financial Provisions §§ 41330–41346 · 17 sections

       • § 41330 The Antelope Valley district may adopt a schedule of fees, levied on permitted and other sources of air pollution to recover the cost of implementing this…
       • § 41331 The Antelope Valley district may undertake programs that may include, but are not limited to, financial assistance to fleet operators for the purchase,…
       • § 41332 On January 1, 2002, the Antelope Valley district shall succeed to all funds, property, and obligations of the Antelope Valley Air Pollution Control District.
       • § 41333 The Antelope Valley district board may borrow money and incur indebtedness in anticipation of the revenue for the current year in which the indebtedness is…
       • § 41334 Upon adoption of a resolution by the Antelope Valley district board to implement a procedure to issue warrants pursuant to Sections 41335 to 41346, inclusive,…
       • § 41335 The Antelope Valley district board shall appoint a treasurer, who may be a county treasurer, who shall be the custodian of funds of the Antelope Valley…
       • § 41336 The Antelope Valley district shall appoint a controller, who may be a county auditor, who shall be the accounting officer for the Antelope Valley district and…
       • § 41337 The Antelope Valley district board may, by resolution, cause to be drawn all warrants on the treasurer against all funds, except funds for debt service, of the…
       • § 41338 The Antelope Valley district board may authorize, in writing, the controller to draw separate payroll warrants in the names of the individual Antelope Valley…
       • § 41339 The Antelope Valley district board may authorize the controller, in writing, to issue warrants in favor of the persons entitled to payment of all claims…
       • § 41340 The form of the warrants shall be prescribed by the Antelope Valley district board and approved by the treasurer.
       • § 41341 Except as specified in this article, no county officer shall be responsible for producing reports, statements, and other data relating to or based upon…
       • § 41342 The Antelope Valley district shall provide the officials of the Los Angeles County Employees Retirement Association, in the form prescribed by them, the data…
       • § 41343 All warrants, vouchers, and supporting documents shall be kept by the Antelope Valley district.
       • § 41344 Notwithstanding Section 27005 of the Government Code, or any other section requiring warrants or orders for warrants to be signed by the county auditor, if the…
       • § 41345 The controller shall execute an official bond in an amount fixed by the Antelope Valley district board conditioned upon the faithful performance of his or her…
       • § 41346 If the auditor of the Antelope Valley district is a county auditor, he or she shall be provided, upon his or her request, a monthly listing of the warrants…
    5. ARTICLE 5. Officers and Employees §§ 41350–41357 · 8 sections

       • § 41350 (a) The Antelope Valley district board shall employ the necessary staff to carry out its powers and duties. (b) The Antelope Valley district board shall…
       • § 41351 On January 1, 2002, the APCO, deputies designated by the APCO, and other exempt employees of the Antelope Valley Air Pollution Control District shall be…
       • § 41352 The Antelope Valley district shall appoint a legal counsel who is admitted to the practice of law in this state.
       • § 41353 In the appointment of persons to the Antelope Valley district staff, the Antelope Valley district board shall employ the personnel of the Antelope Valley Air…
       • § 41354 All officers and employees of the Antelope Valley district, other than members of the Antelope Valley district board, are entitled to the benefits of the…
       • § 41355 For the purpose of, but not limited to, retirement benefits, salary rates, seniority, and all fringe benefits, all time of employment with the Antelope Valley…
       • § 41356 If the civil service commission, or body performing the functions thereof, in the Antelope Valley district finds that any person has been employed by the…
       • § 41357 The Antelope Valley district may contract for any professional assistance that may be necessary or convenient for the exercise of its powers and duties.