Bill Text: CA SB579 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Used oil.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 504, Statutes of 2010. [SB579 Detail]

Download: California-2009-SB579-Amended.html

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BILL NUMBER: SB 579	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 1, 2009
	AMENDED IN SENATE  AUGUST 24, 2009

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 27, 2009

   An act to add and repeal Section 40440.13 of the Health and Safety
Code, relating to the South Coast Air Quality Management District,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 579, as amended, Lowenthal. South Coast Air Quality Management
District: CEQA  : permits  .
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment. CEQA
exempts certain specified projects from its requirements.
   Under existing law, every air pollution control district or air
quality management district in a federal nonattainment area for any
national ambient air quality standard is required to establish by
regulation, a system by which all reductions in emissions of air
contaminants that are to be used to offset certain future increases
in the emission of air contaminants are banked prior to use. The
South Coast Air Quality Management District (district) promulgated
various rules establishing offset exemptions, providing Priority
Reserve offset credits, and creating or tracking credits used for
offset exemption or Priority Reserve projects. In Natural Resources
Defense Council v. South Coast Air Quality Management District
(Super. Ct. Los Angeles County, 2007, No. BS 110792), the superior
court found the promulgation of certain of these district rules to be
in violation of CEQA.
   This bill would  require   authorize 
the district to  allow certain sources of air contaminants to
continue to operate, and  issue permits under specified
circumstances, notwithstanding this court decision  , until a
final outcome has been reached in the case, including the exhaustion
of all appeals, or until the district completes the environmental
reviews required by the court decision. These   . The
 provisions  of the bill  would be repealed on May 1,
2012. 
   By imposing additional duties on a local air district, the bill
would impose a state-mandated local program. 
   (2) This bill would state the findings and declarations of the
Legislature concerning the need for special legislation. 
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   (4) 
    (3)  This bill would declare that it is to take effect
immediately as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no .


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) As a result of the superior court decision in Natural
Resources Defense Council v. South Coast Air Quality Management
District (Super. Ct. Los Angeles County, 2007, No. BS 110792) holding
 that  the South Coast Air Quality Management District
(district) violated the requirements of the California Environmental
Quality Act (CEQA) (Division 13 (commencing with Section 21000) of
the Public Resources Code) in the promulgation of certain district
rules, the district is unable to issue over a thousand pending
permits that rely on the district's internal offset bank to offset
emissions.
   (b) The district may also have to set aside several thousand
permits that were previously issued in reliance on the district's
internal offset bank.
   (c) Prompt legislative action is necessary as an interim measure
 until the case described in subdivision (a) has concluded
through the judicial system  ; otherwise projects will be
stopped from going forward or frozen in place, representing
significant losses to the economy and the loss of numerous
well-paying jobs. 
   (d) Nothing in the case described in subdivision (a) requires the
setting aside of any permit issued by the South Coast Air Quality
Management District to any essential public service, that relied on
Rule 1309.1, nor any permit that relied on Rule 1304, between
September 8, 2006, and November 3, 2008. 
  SEC. 2.  Section 40440.13 is added to the Health and Safety Code,
to read:
   40440.13.  (a) Notwithstanding the decision of the court in
Natural Resources Defense Council v. South Coast Air Quality
Management District (Super. Ct. Los Angeles County, 2007, No. BS
110792), the south coast district  shall do both of the
following:  
   (1) Allow sources of air contaminants that are operating under a
permit issued in reliance on south coast district Rule 1304 as
amended on June 14, 1996, or Rule 1309.1 as amended May 3, 2002, to
continue to operate. 
    (2)     Issue permits
in reliance on south coast district Rule 1304 as amended on June 14,
1996, or Rule 1309.1 as amended May 3, 2002.   may issue
permits in reliance on, and in compliance with, south coast district
Rule 1304, as amended on June 14, 1996, except for an electrical
generation facility, and Rule 1309.1, as amended May 3, 2002, for
essential public services, as defined in subdivision (m) of Rule
1302, as amended December 6, 2002. 
   (b) Nothing in this section affects  the decision in the case
described in subdivision (a) concerning  the adoption,
readoption, or amendment, or environmental review, of south coast
district Rule 1315. 
   (c) The south coast district shall keep track of offsets or
credits relating to permits described in paragraphs (1) and (2) of
subdivision (a), and shall make this information available to the
public. The south coast district shall ensure internal offset or
credit accounts created or maintained by the south coast district
account for all of the offsets or credits relating to permits
described in paragraphs (1) and (2) of subdivision (a), and shall
ensure that the internal accounts are consistent with the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.).  
   (d) This section shall become inoperative upon any of the
following:  
   (1) A final outcome has been reached in the case described in
subdivision (a), including the exhaustion of all appeals. 

   (2) The south coast district completes all environmental reviews
required by the court decision described in subdivision (a).
 
   (c) In implementing subdivision (a), the south coast district
shall rely on the emission reduction credit tracking system used
prior to the adoption of Rule 1315, until a new tracking system is
approved by the United States Environmental Protection Agency and is
in effect, at which point that new system shall be used by the south
coast district in implementing subdivision (a). The south coast
district shall make information concerning the credits, and the
tracking of these credits, available to the public.  
   (e) 
    (d)  This section shall remain in effect only until May
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before May 1, 2012, deletes or extends that
date.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of unique circumstances concerning the South Coast Air
Quality Management District. 
  SEC. 4.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code. 
   SEC. 5.   SEC. 4.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   Due to the court decision in Natural Resources Defense Council v.
South Coast Air Quality Management District (Super. Ct. Los Angeles
County, 2007, No. BS 110792), the South Coast Air Quality Management
District is unable to issue over a thousand pending permits that are
either exempt from offset requirements or qualified to use offset
credits from the district's Priority Reserve and is required to set
aside thousands of permits already issued. Therefore, in order to
allow the district to issue permits in an expeditious manner as an
urgent interim measure  until final disposition by the
judicial system  , it is necessary that this act take effect
immediately.