Bill Text: CA AB2852 | 2021-2022 | Regular Session | Amended
Bill Title: Air pollution control districts and air quality management districts: independent special districts: funding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-28 - Re-referred to Com. on L. GOV. [AB2852 Detail]
Download: California-2021-AB2852-Amended.html
|
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2852
| Introduced by Assembly Member Bloom |
February 18, 2022 |
An act to amend Section 40700 40701.5 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2852, as amended, Bloom.
Air pollution control districts and air quality management districts. districts: independent special districts: funding.
Existing law provides for the establishment of air pollution control districts and air quality management districts. Existing law declares a district a body corporate and politic and a public agency of the state. state, and prescribes the general powers and duties of a district. Existing law authorizes a district to receive funding from specified sources, including, but not limited to, grants, permit fees, and penalties.
This bill would make a nonsubstantive change to that latter provision.
designate, retroactive to January 1, 2020, a district as an independent special district for purposes of receiving state funds or funds disbursed by the state, including federal funds.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 40701.5 of the Health and Safety Code is amended to read: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) Permit fees.
(4) Penalties.
(5) A surcharge or fee pursuant to Section 41081 or 44223 on motor vehicles registered in the district.
(b) Expenses of a district that are not met by the funding sources identified in subdivision (a) shall be provided by an annual per capita assessment on
those cities that have agreed to have a member on the district board for purposes of Section 40100.5, 40100.6, 40152, 40322.5, 40704.5, or 40980 and on the county or counties included within the district. Any annual per capita assessment imposed by the district on those cities and counties included within the district shall be imposed on an equitable per capita basis.
(c) Subdivision (b) does not apply to the San Joaquin Valley Unified Air Pollution Control District or, if that unified district ceases to exist, the San Joaquin Valley Air Quality Management District, if that district is created.
(d) (1) Notwithstanding subdivision (b), expenses of the San Diego County Air Pollution Control District that are not met by the funding sources identified in subdivision (a) shall be provided by an annual per capita assessment imposed on an equitable per capita basis
on each city and county included in the San Diego County Air Pollution Control District by the governing board of the San Diego County Air Pollution Control District created pursuant to Section 40100.6.
(2) At least 30 days before the assessment is imposed, the governing board shall hold a public hearing which shall include data supporting the annual per capita assessment and any schedule that may apply.
(e) This section shall become operative on March 1,
2021. Notwithstanding any other law, retroactive to January 1, 2020, a district shall be deemed an independent special district for purposes of receiving state funds or funds disbursed by the state, including federal funds. For purposes of this subdivision, “funds” includes, but is not limited to, moneys, loans, grants, financial incentives, and other economic benefits.
A district is a body corporate and politic and a district is a public agency of the state.
