CHAPTER 5.5. South Coast Air Quality Management District [40400. - 40540.]
Chapter 5.5 added by Stats. 1976, Ch. 324.
§§ 40400–40540 · 127 sections
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.
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…
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…
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…
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…
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…
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…
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…