Bill Text: CA AB1256 | 2011-2012 | Regular Session | Amended

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Bill Title: State Air Resources Board: transported air pollutants:

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1256 Detail]

Download: California-2011-AB1256-Amended.html

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BILL NUMBER: AB 1256	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 18, 2011

   An act to  amend Section 39602 of   add
Section 39611 to  the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1256, as amended, Bill Berryhill. State Air Resources Board:
 state implementation plan.   transported air
pollutants: cost reimbursement.  
   Existing law establishes in the California Environmental
Protection Agency the State Air Resources Board, which is responsible
for control of emissions from motor vehicles and is designated the
air pollution control agency for all purposes set forth in federal
law. Existing law requires the state board to identify toxic air
contaminants that are emitted into the ambient air of the state, and
requires the state board to designate those substances listed as
hazardous air pollutants pursuant to federal law.  
   Existing law requires the state board, not later than December 31,
1989, to identify each air basin, or subregion thereof, in which
transported air pollutants from upwind areas outside the air basin,
or subregion thereof, cause or contribute to a violation of the state
ambient air quality standard for ozone, and to identify the district
of origin of the transported air pollutants based upon the
preponderance of available evidence. Existing law requires the state
board, in cooperation with the districts, to assess the relative
contribution of upwind emissions to downwind ozone ambient air
pollutant levels to the extent permitted by available data, and to
establish mitigation requirements commensurate with the level of
contribution.  
   This bill would require the state board to identify each air
basin, or subregion of an air basin, in which transported air
pollutants from upwind areas outside the air basin, or subregion of
an air basin, cause or contribute to a violation of a state or
federal ambient air quality standard in a downwind district, and to
identify the district of origin of the transported air pollutants.
The bill would require the state board to assess the relative
contribution of upwind emissions to downwind ambient air pollutant
levels to the extent permitted by available data, and to establish
cost reimbursement for a downwind district commensurate with the
level of contribution by the district of origin, including, but not
limited to, cost reimbursement for mitigation and any state or
federal fine imposed on a downwind district for a violation of state
or federal ambient air quality standards.  
   Existing law designates the State Air Resources Board as the state
agency responsible for the preparation of the state implementation
plan required by the federal Clean Air Act.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 39611 is added to the 
 Health and Safety Code   , to read:  
   39611.  (a) The state board shall identify each air basin, or
subregion of an air basin, in which transported air pollutants from
upwind areas outside the air basin, or subregion of an air basin,
cause or contribute to a violation of a state or federal ambient air
quality standard in a downwind district, and shall identify the
district of origin of the transported air pollutants.
   (b) The state board shall assess the relative contribution of
upwind emissions to downwind ambient air pollutant levels to the
extent permitted by available data, and shall establish cost
reimbursement for a downwind district commensurate with the level of
contribution by the district of origin, including, but not limited
to, cost reimbursement for mitigation and any state or federal fines
imposed on a downwind district for a violation of state or federal
ambient air quality standards.  
  SECTION 1.    Section 39602 of the Health and
Safety Code is amended to read:
   39602.  (a) The state board is designated the air pollution
control agency for all purposes set forth in federal law.
   (b) The state board is designated the state agency responsible for
the preparation of the state implementation plan required by the
federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and, to this end,
shall coordinate the activities of all districts necessary to comply
with that act.
   (c) Notwithstanding any other provision of this division, the
state implementation plan shall only include those provisions
necessary to meet the requirements of the federal Clean Air Act.