CHAPTER 5. Regional Air Pollution Control Districts

Chapter 5 added by Stats. 1975, Ch. 957.

§§ 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…