Bill Text: CA SB1502 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Nonvehicular air pollution.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2018-06-28 - Chaptered by Secretary of State. Chapter 59, Statutes of 2018. [SB1502 Detail]

Download: California-2017-SB1502-Introduced.html


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1502


Introduced by Committee on Environmental Quality (Senators Wieckowski (Chair), Gaines, Hill, Lara, Skinner, Stern, and Stone)

March 08, 2018


An act to amend Sections 40440.5 and 40440.7 of the Health and Safety Code, relating to the South Coast Air Quality Management District.


LEGISLATIVE COUNSEL'S DIGEST


SB 1502, as introduced, Committee on Environmental Quality. South Coast Air Quality Management District: notice.
(1) Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. Existing law requires the south coast district board to mail a specified notice to every person who filed a written request for notice of proposed regulatory action with the south coast district, every person who requested notice for or registered at a workshop held in connection with the development of the proposed rule or regulation, and any person the south coast district believes to be interested in the proposed rule or regulation.
This bill would authorize the south coast district board to send electronically the above-described notice of proposed regulatory action, to publish the notice on its Internet Web site not less than 30 days prior to the public hearing; and adopt, and to update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.
(2)  Existing law requires the south coast district board to mail a specified notice to every person who filed a written request to receive a notice for a specified workshop with the south coast district and any person the south coast district believes to be interested in the specified workshop.
This bill would authorize the south coast district board to send electronically the above-described notice for a specified workshop, to publish the notice on its Internet Web site not less than 75 days prior to the public hearing, and adopt, and to update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 40440.5 of the Health and Safety Code is amended to read:

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 quality objective shall be given not less than 30 days prior thereto to the hearing and, notwithstanding subdivision (b) of Section 40725, shall be published in each county in the south coast district in accordance with the requirements of consistent with Section 6061 of the Government Code. The period of notice shall commence on the first day of publication.
(b) (1) In addition to the requirements of subdivision (b) of Section 40725, notice shall be mailed or provided to every person who filed a written request for notice of proposed regulatory action with the south coast district, every person who requested notice for, for or registered at, at the workshop, if any, held in connection with the development of the proposed rule or regulation, and any person the south coast district believes to be interested in the proposed rule or regulation. The inadvertent failure to mail or provide notice to any particular person as provided in this subdivision shall not invalidate any action taken by the south coast district board.
(2) The south coast district may publish the notice required pursuant to this subdivision on its Internet Web site not less than 30 days prior to the public hearing.
(c)  In addition to the summary description of the effect of the proposal, as required by subdivision (b) of Section 40725, the notice shall include the following:
(1)  A description of the air quality objective that the proposed rule or regulation is intended to achieve and the reason or reasons for the proposed rule or regulation.
(2)  A list of supporting information, documents, and other materials relevant to the proposed rule or regulation, regulation prepared by the south coast district or at its direction, any environmental assessment, and the name, address, and telephone number of the district officer or employee from whom copies of the materials may be obtained.
(3)  A statement that a staff report on the proposed rule or regulation has been prepared, prepared and the name, address, and telephone number of the district officer or employee from whom a copy of the report may be obtained. Whenever the proposed rule or regulation will significantly affect air quality or emissions limitations, the staff report shall include the full text of the proposed rule or regulation, an analysis of alternative control measures, a list of reference materials used in developing the proposed rule or regulation, an environmental assessment, exhibits, and draft findings for consideration by the south coast district board pursuant to Section 40727. Further, if If an environmental assessment is prepared, the staff report shall also include social, economic, and public health analyses.
(d)  Regardless of whether a workshop was previously conducted on the subject of the proposed rule or regulation, the south coast district may conduct one or more supplemental workshops prior to the public hearing on the proposed rule or regulation.
(e)  If the south coast district board makes changes in the text of the proposed rule or regulation that was the subject of notice given pursuant to this section, further consideration of the rule or regulation shall be governed by Section 40726.
(f)  This section is not intended to change, and shall not be construed as changing, any entitlement or protection conferred by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(g) (1) For the purposes of this section, the south coast district board may send a required notice electronically instead of by mail.
(2) The south coast district board shall send a notice by mail to any person who has requested the notices to be sent by mail.
(3) The south coast district may adopt, and update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

SEC. 2.

 Section 40440.7 of the Health and Safety Code is amended to read:

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 or emissions limitations, the south coast district shall conduct one or more public workshops.
(b) (1) Notice of the time and place of the first workshop shall be given not less than 75 days prior to the meeting at which the south coast district board will consider the proposed rule or regulation by publication in each county in the south coast district pursuant to Section 6061 of the Government Code and by mail to every person who filed a written request for notice of proposed regulatory action with the south coast district and any person the south coast district believes to be interested in attending the workshop.
(2) The south coast district may publish the notice required pursuant to this subdivision on its Internet Web site not less than 75 days prior to the south coast district board meeting.
(c)  The notice shall include at least the following:
(1)  A description of the air quality objective to be discussed.
(2)  A statement that the workshop is being held for the purposes of soliciting information and suggestions from the public on achieving the air quality objective.
(3)  A request for submittal of any documents, studies, and reports that may be relevant to the subject of the workshop, workshop and the name, address, and telephone number of the district officer or employee to whom they should be sent.
(4)  A list of supporting information and documents, including a preliminary staff report, prepared by the south coast district or at its direction, and other materials relevant to the subject of the workshop that are available, available and the name, address, and telephone number of the district officer or employee from whom copies of the materials may be obtained.
(d)  If the south coast district thereafter proposes the adoption, amendment, or repeal of a rule or regulation that was the subject of a workshop, the south coast district shall respond to all written comments submitted during the workshop in preparing the environmental assessment on the proposed rule or regulation.
(e)  The time and place for a workshop shall be selected on the basis of affording an opportunity to participate to the greatest number of persons expected to be interested in the workshop.
(f)  The requirements of this section are not intended to restrict the south coast district in conducting other public workshops and other meetings for the exchange of information under circumstances not specifically addressed in this section.
(g)  A workshop or other meeting shall not constitute consideration of a “regulatory measure” within the meaning of Section 40923.
(h)  This section is not intended to change, and shall not be construed as changing, any entitlement or protection conferred by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(i) (1) For the purposes of this section, the south coast district board may send a required notice electronically instead of by mail.
(2) The south coast district board shall send a notice by mail to any person who has requested the notices to be sent by mail.
(3) The south coast district may adopt, and update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances faced by the South Coast Air Quality Management District with respect to rulemaking and permitting involved with air pollution reduction efforts.
feedback