41500. To coordinate air pollution control activities throughout
the state, and to ensure that the entire state is, or will be, in
compliance with the standards adopted pursuant to Section 39606, the
state board shall do all of the following:
(a) Review the district attainment plans submitted pursuant to
Section 40911, and the revised plans submitted pursuant to Section
40925, to determine whether the plans will achieve and maintain the
state's ambient air quality standards by the earliest practicable
date.
(b) Review the rules and regulations and programs submitted by the
districts pursuant to Section 40704 to determine whether they are
sufficiently effective to achieve and maintain the state ambient air
quality standards.
(c) Review the enforcement practices of the districts and local
agencies delegated authority by districts pursuant to Section 40717
to determine whether reasonable action is being taken to enforce
their programs, rules, and regulations.
41500.5. Notwithstanding any other provision of law, any plan
required by this division shall be subject to Article 5.5 (commencing
with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title 5
of the Government Code.
41502. (a) Before taking any action pursuant to Section 41503,
41504, 41505, or 41652, the state board shall hold a public hearing
within the air basin affected, upon a 45-day written notice given to
the basinwide air pollution control council, if any, the affected
districts, the affected air quality planning agencies, and the
public. However, except with respect to action taken pursuant to
Section 41652, upon receipt of evidence that a concentration of air
contaminants in any place is presenting an imminent and substantial
endangerment to the health of persons, and that the districts
affected are not taking reasonable action to abate the concentration
of air contaminants, the state board shall give, orally if necessary,
as much notice as possible, but not less than 24 hours. The state
board shall, in the action taken, include a statement of the facts
which prevented the state board from giving a 45-day written notice.
(b) In addition to any other statutory requirements, interested
persons shall have the right, at the public hearing, to present oral
and written evidence and to question and solicit testimony of
qualified representatives of the state board on the matter being
considered. The state board may, at the public hearing, place
reasonable limits on such right to question and solicit testimony.
(c) If, after conducting the public hearing required by
subdivision (a), the state board determines to take action pursuant
to any section enumerated in subdivision (a), the state board shall,
based on the record of the public hearing, adopt written findings
which explain the action to be taken by the state board, why the
state board decided to take the action, and why the action is
authorized by, and meets the requirements of, the statutory
provisions pursuant to which it was taken. In addition, the findings
shall address the significant issues raised or written evidence
presented by interested persons or the staff of the state board. The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceedings, shall constitute the exclusive
record for decision by the state board.
(d) Subdivisions (a), (b), and (c) shall be applicable to the
executive officer of the state board acting pursuant to Section
39515, or to his delegates acting pursuant to Section 39516, with
respect to any action taken pursuant to any section enumerated in
subdivision (a).
41503. (a) Within 12 months of receiving each district's attainment
plan developed pursuant to Section 40911, the state board shall
determine whether the attainment date specified in the plan
represents the earliest practicable date and whether the measures
contained in the plan are sufficient to achieve and maintain state
ambient air quality standards.
(b) The state board shall conduct its review to include the plans
of every district in the air basin, and shall determine whether the
combination of measures in all the plans is sufficient to achieve and
maintain state ambient air quality standards throughout the air
basin. The state board shall hold at least one public hearing in each
affected air basin prior to reaching a final determination of the
sufficiency of the plans. The state board shall require control
measures for the same emission sources to be uniform throughout the
air basin to the maximum extent feasible, unless a district
demonstrates to the satisfaction of the state board that adoption of
the measure within its jurisdiction is not necessary to achieve or
maintain the state ambient air quality standard.
(c) Where air pollutant transport is a factor, the state board
shall determine whether the attainment plan is sufficient to satisfy
the requirements of Section 40912.
(d) If a district is unable to specify an attainment date and the
state board concurs that projecting an attainment date is not
feasible, the state board shall determine whether the plan contains
every feasible control strategy or measure to ensure progress toward
attainment is maintained.
(e) In making determinations under subdivisions (a), (b), (c), and
(d), the state board shall consider any emission reductions
occurring in, or expected to occur in, the district or air basin.
41503.1. The state board may approve an attainment plan which
achieves less emission reductions than 5 percent per year, or less
than 15 percent every three years, as specified in Section 40914, if
the state board determines that the district is unable to meet these
requirements, despite the expeditious adoption of all feasible
controls, or if the state board determines that the equivalent air
quality improvement will be achieved through an alternate level of
emissions reduction.
41503.2. (a) If the state board concludes that a district's plan
does not meet the requirements of Section 41503, the state board
shall notify the district of all deficiencies in writing. The
district shall correct the deficiencies identified by the state
board, and shall submit its revised plan to the state board for
approval.
(b) If the district does not concur with the state board's
findings and determinations of deficiency, or the state board
determines that the district's plan revisions are inadequate to
remedy identified deficiencies, the state board and the district
shall attempt to resolve the differences within three months of the
board's disapproval. The state board and the districts shall develop
a uniform conflict resolution procedure, for purposes of this
subdivision, prior to any district's submittal of its attainment plan
to the state board.
(c) If a conflict between the state board and district cannot be
resolved, the state board shall take all of the following actions:
(1) Conduct a public hearing in the air basin containing the
affected district for purposes of hearing testimony on the plan and
the deficiencies identified by the state board pursuant to
subdivision (a).
(2) Prior to conducting the hearing, provide a 45-day written
notice to the affected district and to the public of the date, time,
location, and subject of the hearing.
(3) After conducting the public hearing on the plan and the
deficiencies identified by the state board, revise the district's
plan as it finds and determines necessary.
41503.3. Upon receipt of a district's triennial progress report and
plan revisions prepared pursuant to subdivision (b) of Section
40924, the state board shall determine whether the district has
achieved the minimum rate of progress under Section 40914 or as
adjusted by the board pursuant to Section 41503.1. The state board
shall require the adoption of one or more contingency measures when
the minimum rate of progress has not been achieved, unless the
district demonstrates to the satisfaction of the state board that the
discrepancy will be corrected and the deficiency restored during the
next reporting period.
41503.4. All actions of the state board to approve, revise and
approve, or disapprove a district's attainment plan or plan revision
shall be taken at a noticed public hearing.
41503.5. The state board shall ensure that a district's attainment
plan and plan revisions meet the requirements of this part and of
Part 3 (commencing with Section 40000), and that every reasonable
action is taken to achieve the state ambient air quality standards
for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at
the earliest practicable date.
41503.6. (a) The Legislature finds and declares that the California
Pollution Control Financing Authority, working with the south coast
district, has established successful programs to assist small
businesses in complying with district rules and financing the
purchase of pollution control equipment.
(b) The Treasurer and the California Pollution Control Financing
Authority shall work with, and provide all feasible assistance to,
districts to increase opportunities for small businesses to comply
with the rules and regulations of the district. That assistance may
include loans, loan guarantees, and other forms of financial
assistance.
41504. (a) If, after a public hearing, the state board finds that
the program or the rules and regulations of a district will not
likely achieve and maintain the state's ambient air quality
standards, the state board may establish a program, or portion
thereof, or rules and regulations it deems necessary to enable the
district to achieve and maintain such ambient air quality standards.
(b) Any program, or portion thereof, or rule or regulation
established by the state board for the district shall have the same
force and effect as a program, rule, or regulation adopted by the
district and shall be enforced by the district.
41505. If, after a public hearing, the state board finds that a
district is not taking reasonable action to enforce the statutory
provisions, rules, and regulations relating to air quality in such a
manner that will likely achieve and maintain the state's ambient air
quality standards, the state board may exercise any of the powers of
that district to achieve and maintain such ambient air quality
standards.
41508. Except as otherwise specifically provided in this division,
including, but not limited to, Sections 41809, 41810, and 41904, any
local or regional authority may establish additional, stricter
standards than those set forth by law or by the state board for
nonvehicular sources.
41509. No provision of this division, or of any order, rule, or
regulation of the state board or of any district, is a limitation on:
(a) The power of any local or regional authority to declare,
prohibit, or abate nuisances.
(b) The power of the Attorney General, at the request of a local
or regional authority, the state board, or upon his own motion, to
bring an action in the name of the people of the State of California
to enjoin any pollution or nuisance.
(c) The power of a state agency in the enforcement or
administration of any provision of law which it is specifically
permitted or required to enforce or administer.
(d) The right of any person to maintain at any time any
appropriate action for relief against any private nuisance.
41510. For the purpose of enforcing or administering any state or
local law, order, regulation, or rule relating to air pollution, the
executive officer of the state board or any air pollution control
officer having jurisdiction, or an authorized representative of such
officer, upon presentation of his credentials or, if necessary under
the circumstances, after obtaining an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50), Part 3 of the Code of
Civil Procedure, shall have the right of entry to any premises on
which an air pollution emission source is located for the purpose of
inspecting such source, including securing samples of emissions
therefrom, or any records required to be maintained in connection
therewith by the state board or any district.
41511. For the purpose of carrying out the duties imposed upon the
state board or any district, the state board or the district, as the
case may be, may adopt rules and regulations to require the owner or
the operator of any air pollution emission source to take such action
as the state board or the district may determine to be reasonable
for the determination of the amount of such emission from such
source.
41511.5. The state board shall conduct a study of ambient air
concentrations of manganese in the state to determine if there are
areas in the state that have unhealthy concentrations of manganese.
No later than January 1, 2010, the state board shall submit a report
to the Legislature that describes the conclusions of this study and
provides recommendations for reducing manganese exposures as needed.
41512. (a) The state board or a district board may adopt, by
regulation, after a public hearing, a schedule of fees not exceeding
the estimated cost of planning, preliminary evaluation, sampling,
sample analysis, calculations, and report preparation with respect to
samples of emissions secured from air pollution emission sources.
However, such fees may be imposed or assessed only when such samples
are required to determine compliance with permit conditions or with
any state or local law, order, rule, or regulation relating to air
pollution. Such fees shall not include charges for the reasonable
time exclusively spent by the owner or operator of the source
constructing testing facilities or preparing for such testing. The
failure to pay any such fee in a timely manner shall constitute
grounds for the revocation or suspension, and may be made a condition
for the issuance, of any permit. Any such revocation or suspension
shall be in accordance with the procedures set forth in Sections
42304 to 42309, inclusive.
(b) Nothing contained in this part shall be construed to include
or restrict the use of construction equipment such as portable
sandblasting equipment or portable spraying or spray painting
equipment, or any similar equipment, used on a temporary basis in
connection with new construction, or on maintenance or repairs of
existing structures, machinery, or equipment; provided, such
equipment is operated in accordance with the requirements of this
division and applicable district and state board rules and
regulations.
(c) Where testing to demonstrate compliance with permit conditions
or with any state or local law, order, rule, or regulation relating
to air pollution is required by the state board, the state board, not
later than April 1, 1981, shall establish procedures under which the
operator may request that such testing be performed by an
independent testing service. The state board may, for good cause,
reject such a request.
41512.5. A district board may adopt a schedule of fees applicable
to emission sources not included within a permit system adopted
pursuant to Section 42300 to cover the estimated reasonable costs of
evaluating plans required by law or by district rule or regulation,
including, but not limited to, review, inspection, and monitoring
related thereto. The fees shall not exceed the estimated costs of
reviewing, monitoring, and enforcing the plan for which the fees are
charged.
The district board shall hold a public hearing at least 30 days
prior to the meeting of the district board at which the adoption or
revision of the fee schedule is to be considered, and supporting data
on the actual or estimated costs required to provide the service for
which the fee is proposed to be charged shall be made available at
that public hearing.
41512.7. (a) No district with an annual budget of less than one
million dollars ($1,000,000) shall increase any existing fees for
authority-to-construct permits or permits to operate by more than 30
percent in any calendar year, unless required to comply with the
minimum fee requirements of Title V.
(b) No district with an annual budget of one million dollars
($1,000,000) or more shall increase any existing fees for
authority-to-construct permits or permits to operate by more than 15
percent in any calendar year.
(c) Notwithstanding subdivision (b), this section shall not apply
to the south coast district.
(d) (1) Notwithstanding subdivision (b), effective January 1,
1998, any of the San Diego County Air Pollution Control District's
individual fees for authority-to-construct permits and permits to
operate may reflect the district's actual costs, as determined by the
district's fee-for-service calculations.
(2) Notwithstanding paragraph (1) or subdivision (b), on and after
January 1, 1999, the San Diego County Air Pollution Control District
may increase any individual fees for authority-to-construct permits
and permits to operate by more than 15 percent in any fiscal year
only if the total, aggregate increase in existing fees for
authority-to-construct permits and permits to operate does not exceed
15 percent in that fiscal year.
(3) (A) This subdivision shall remain operative so long as the San
Diego County Air Pollution Control District continues to determine
fees for authority-to-construct permits and permits to operate
pursuant to a cost-based fee system in which all of the following
requirements are met:
(i) Fees for authority-to-construct permits and permits to operate
are specified for a minimum of 120 separate equipment and process
categories.
(ii) Labor expended to issue authority-to-construct permits and
permits to operate is tracked in increments of 0.5 hours or less for
each of those categories.
(iii) The fees for authority-to-construct permits and permits to
operate are determined from the costs of labor tracked in increments
of 0.5 hours or less and other actual and projected costs related to
permitted stationary sources.
(B) This subdivision shall become inoperative if, and at the time
that, the San Diego district ceases to determine fees for
authority-to-construct permits and permits to operate as specified in
subparagraph (A).
41513. Any violation of any provision of this part, or of any
order, rule, or regulation of the state board or of any district, may
be enjoined in a civil action brought in the name of the people of
the State of California, except that the plaintiff shall not be
required to allege facts necessary to show, or tending to show, lack
of adequate remedy at law or to show, or tending to show, irreparable
damage or loss.
41514. Notwithstanding any other provision of law, no provision of
this division, and no rule or regulation of the state board or of a
district adopted pursuant to this division, imposing any requirement
pertaining to the control of nonvehicular emissions shall apply to
any equipment carried by, or affixed to, any motor vehicle described
in Section 27156.3 of the Vehicle Code.
41514.1. (a) A health facility shall test each of its diesel backup
generators 12 times a year with testing intervals of not less than
20 days and not more than 40 days. The tests shall be conducted for
at least 30 continuous minutes pursuant to either of the following:
(1) A dynamic load that is at least 30 percent of the nameplate
rating of the generator.
(2) A test conducted at less than 30 percent of the nameplate
rating of the generator, if the health facility revises its existing
documented management plan to conform with the National Fire
Protection Association 110: Standard for Emergency and Standby Power
Systems, 2005 edition, testing and maintenance activities. These
activities shall include inspection procedures for assessing the
prime mover's exhaust gas temperature against the minimum temperature
recommended by the manufacturer.
(b) If a diesel backup generator cannot be tested pursuant to the
requirements of either paragraph (1) or (2) of subdivision (a), it
shall be tested for 30 continuous minutes at intervals described in
subdivision (a) with available Emergency Power Supply Systems (EPSS)
load and tested annually with supplemental loads of all of the
following in the following order for a total of two continuous hours:
(1) Twenty-five percent of nameplate rating for 30 minutes.
(2) Fifty percent of nameplate rating for 30 minutes.
(3) Seventy-five percent of nameplate rating for 60 minutes.
(c) A health facility shall submit all data collected under this
section to the State Department of Public Health when requested by
the department.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(e) For the purposes of this section, "health facility" has the
same meaning as Section 1250, but includes only those facilities
described in subdivision (a), (b), (c), (d), (f), (g), or (k) of that
section.
(f) Nothing in this section affects the authority of the state
board or a district to regulate diesel backup generators owned by a
health facility.
41514.8. (a) Prior to adopting rules or regulations which would
affect the operation of existing powerplants, the state board or any
district shall consider and adopt written findings that specify the
supporting information relied upon with regard to all of the
following:
(1) The need for the emission reductions expected to be achieved
from the implementation of the proposed rule or regulation, and the
extent to which the rule or regulation is necessary solely for the
attainment of a state ambient air quality standard.
(2) The relative cost of achieving the emission reductions from
the proposed rule or regulation compared to the cost of feasible
reductions from sources other than powerplants.
(3) The availability and technological feasibility of control
technologies required by the proposed rule or regulation.
(b) Rules and regulations affecting the operation of existing
powerplants adopted after January 1, 1982 by the state board or any
district shall take into consideration the findings under subdivision
(a).
41514.9. (a) On or before January 1, 2003, the state board shall
adopt a certification program and uniform emission standards for
electrical generation technologies that are exempt from district
permitting requirements.
(b) The emission standards for electrical generation technologies
shall reflect the best performance achieved in practice by existing
electrical generation technologies for the electrical generation
technologies referenced in subdivision (a) and, by the earliest
practicable date, shall be made equivalent to the level determined by
the state board to be the best available control technology for
permitted central station powerplants in California. The emission
standards for state certified electrical generation technology shall
be expressed in pounds per megawatt hour to reflect the expected
actual emissions per unit of electricity and heat provided to the
consumer from each permitted central powerplant as compared to each
state certified electrical generation technology.
(c) Commencing on January 1, 2003, all electrical generation
technologies shall be certified by the state board or permitted by a
district prior to use or operation in the state. This section does
not preclude a district from establishing more stringent emission
standards for electrical generation technologies than those adopted
by the state board.
(d) The state board may establish a schedule of fees for purposes
of this section to be assessed on persons seeking certification as a
distributed generator. The fees charged, in the aggregate, shall not
exceed the reasonable cost to the state board of administering the
certification program.
(e) As used in this section, the following definitions shall
apply:
(1) "Best available control technology" has the same meaning as
defined in Section 40405.
(2) "Distributed generation" means electric generation located
near the place of use.
41514.10. On or before January 1, 2003, the state board shall issue
guidance to districts on the permitting or certification of
electrical generation technologies under the districts regulatory
jurisdiction. The guidance shall address best available control
technology determinations, as defined by Section 40405, for
electrical generation technologies and, by the earliest practicable
date, shall make those equivalent to the level determined by the
state board to be the best available control technology for permitted
central station powerplants in California. The guidance shall also
address methods for streamlining the permitting and approval of
electrical generation units, including the potential for
precertification of one or more types of electrical generation
technologies.
41500. To coordinate air pollution control activities throughout
the state, and to ensure that the entire state is, or will be, in
compliance with the standards adopted pursuant to Section 39606, the
state board shall do all of the following:
(a) Review the district attainment plans submitted pursuant to
Section 40911, and the revised plans submitted pursuant to Section
40925, to determine whether the plans will achieve and maintain the
state's ambient air quality standards by the earliest practicable
date.
(b) Review the rules and regulations and programs submitted by the
districts pursuant to Section 40704 to determine whether they are
sufficiently effective to achieve and maintain the state ambient air
quality standards.
(c) Review the enforcement practices of the districts and local
agencies delegated authority by districts pursuant to Section 40717
to determine whether reasonable action is being taken to enforce
their programs, rules, and regulations.
41500.5. Notwithstanding any other provision of law, any plan
required by this division shall be subject to Article 5.5 (commencing
with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title 5
of the Government Code.
41502. (a) Before taking any action pursuant to Section 41503,
41504, 41505, or 41652, the state board shall hold a public hearing
within the air basin affected, upon a 45-day written notice given to
the basinwide air pollution control council, if any, the affected
districts, the affected air quality planning agencies, and the
public. However, except with respect to action taken pursuant to
Section 41652, upon receipt of evidence that a concentration of air
contaminants in any place is presenting an imminent and substantial
endangerment to the health of persons, and that the districts
affected are not taking reasonable action to abate the concentration
of air contaminants, the state board shall give, orally if necessary,
as much notice as possible, but not less than 24 hours. The state
board shall, in the action taken, include a statement of the facts
which prevented the state board from giving a 45-day written notice.
(b) In addition to any other statutory requirements, interested
persons shall have the right, at the public hearing, to present oral
and written evidence and to question and solicit testimony of
qualified representatives of the state board on the matter being
considered. The state board may, at the public hearing, place
reasonable limits on such right to question and solicit testimony.
(c) If, after conducting the public hearing required by
subdivision (a), the state board determines to take action pursuant
to any section enumerated in subdivision (a), the state board shall,
based on the record of the public hearing, adopt written findings
which explain the action to be taken by the state board, why the
state board decided to take the action, and why the action is
authorized by, and meets the requirements of, the statutory
provisions pursuant to which it was taken. In addition, the findings
shall address the significant issues raised or written evidence
presented by interested persons or the staff of the state board. The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceedings, shall constitute the exclusive
record for decision by the state board.
(d) Subdivisions (a), (b), and (c) shall be applicable to the
executive officer of the state board acting pursuant to Section
39515, or to his delegates acting pursuant to Section 39516, with
respect to any action taken pursuant to any section enumerated in
subdivision (a).
41503. (a) Within 12 months of receiving each district's attainment
plan developed pursuant to Section 40911, the state board shall
determine whether the attainment date specified in the plan
represents the earliest practicable date and whether the measures
contained in the plan are sufficient to achieve and maintain state
ambient air quality standards.
(b) The state board shall conduct its review to include the plans
of every district in the air basin, and shall determine whether the
combination of measures in all the plans is sufficient to achieve and
maintain state ambient air quality standards throughout the air
basin. The state board shall hold at least one public hearing in each
affected air basin prior to reaching a final determination of the
sufficiency of the plans. The state board shall require control
measures for the same emission sources to be uniform throughout the
air basin to the maximum extent feasible, unless a district
demonstrates to the satisfaction of the state board that adoption of
the measure within its jurisdiction is not necessary to achieve or
maintain the state ambient air quality standard.
(c) Where air pollutant transport is a factor, the state board
shall determine whether the attainment plan is sufficient to satisfy
the requirements of Section 40912.
(d) If a district is unable to specify an attainment date and the
state board concurs that projecting an attainment date is not
feasible, the state board shall determine whether the plan contains
every feasible control strategy or measure to ensure progress toward
attainment is maintained.
(e) In making determinations under subdivisions (a), (b), (c), and
(d), the state board shall consider any emission reductions
occurring in, or expected to occur in, the district or air basin.
41503.1. The state board may approve an attainment plan which
achieves less emission reductions than 5 percent per year, or less
than 15 percent every three years, as specified in Section 40914, if
the state board determines that the district is unable to meet these
requirements, despite the expeditious adoption of all feasible
controls, or if the state board determines that the equivalent air
quality improvement will be achieved through an alternate level of
emissions reduction.
41503.2. (a) If the state board concludes that a district's plan
does not meet the requirements of Section 41503, the state board
shall notify the district of all deficiencies in writing. The
district shall correct the deficiencies identified by the state
board, and shall submit its revised plan to the state board for
approval.
(b) If the district does not concur with the state board's
findings and determinations of deficiency, or the state board
determines that the district's plan revisions are inadequate to
remedy identified deficiencies, the state board and the district
shall attempt to resolve the differences within three months of the
board's disapproval. The state board and the districts shall develop
a uniform conflict resolution procedure, for purposes of this
subdivision, prior to any district's submittal of its attainment plan
to the state board.
(c) If a conflict between the state board and district cannot be
resolved, the state board shall take all of the following actions:
(1) Conduct a public hearing in the air basin containing the
affected district for purposes of hearing testimony on the plan and
the deficiencies identified by the state board pursuant to
subdivision (a).
(2) Prior to conducting the hearing, provide a 45-day written
notice to the affected district and to the public of the date, time,
location, and subject of the hearing.
(3) After conducting the public hearing on the plan and the
deficiencies identified by the state board, revise the district's
plan as it finds and determines necessary.
41503.3. Upon receipt of a district's triennial progress report and
plan revisions prepared pursuant to subdivision (b) of Section
40924, the state board shall determine whether the district has
achieved the minimum rate of progress under Section 40914 or as
adjusted by the board pursuant to Section 41503.1. The state board
shall require the adoption of one or more contingency measures when
the minimum rate of progress has not been achieved, unless the
district demonstrates to the satisfaction of the state board that the
discrepancy will be corrected and the deficiency restored during the
next reporting period.
41503.4. All actions of the state board to approve, revise and
approve, or disapprove a district's attainment plan or plan revision
shall be taken at a noticed public hearing.
41503.5. The state board shall ensure that a district's attainment
plan and plan revisions meet the requirements of this part and of
Part 3 (commencing with Section 40000), and that every reasonable
action is taken to achieve the state ambient air quality standards
for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at
the earliest practicable date.
41503.6. (a) The Legislature finds and declares that the California
Pollution Control Financing Authority, working with the south coast
district, has established successful programs to assist small
businesses in complying with district rules and financing the
purchase of pollution control equipment.
(b) The Treasurer and the California Pollution Control Financing
Authority shall work with, and provide all feasible assistance to,
districts to increase opportunities for small businesses to comply
with the rules and regulations of the district. That assistance may
include loans, loan guarantees, and other forms of financial
assistance.
41504. (a) If, after a public hearing, the state board finds that
the program or the rules and regulations of a district will not
likely achieve and maintain the state's ambient air quality
standards, the state board may establish a program, or portion
thereof, or rules and regulations it deems necessary to enable the
district to achieve and maintain such ambient air quality standards.
(b) Any program, or portion thereof, or rule or regulation
established by the state board for the district shall have the same
force and effect as a program, rule, or regulation adopted by the
district and shall be enforced by the district.
41505. If, after a public hearing, the state board finds that a
district is not taking reasonable action to enforce the statutory
provisions, rules, and regulations relating to air quality in such a
manner that will likely achieve and maintain the state's ambient air
quality standards, the state board may exercise any of the powers of
that district to achieve and maintain such ambient air quality
standards.
41508. Except as otherwise specifically provided in this division,
including, but not limited to, Sections 41809, 41810, and 41904, any
local or regional authority may establish additional, stricter
standards than those set forth by law or by the state board for
nonvehicular sources.
41509. No provision of this division, or of any order, rule, or
regulation of the state board or of any district, is a limitation on:
(a) The power of any local or regional authority to declare,
prohibit, or abate nuisances.
(b) The power of the Attorney General, at the request of a local
or regional authority, the state board, or upon his own motion, to
bring an action in the name of the people of the State of California
to enjoin any pollution or nuisance.
(c) The power of a state agency in the enforcement or
administration of any provision of law which it is specifically
permitted or required to enforce or administer.
(d) The right of any person to maintain at any time any
appropriate action for relief against any private nuisance.
41510. For the purpose of enforcing or administering any state or
local law, order, regulation, or rule relating to air pollution, the
executive officer of the state board or any air pollution control
officer having jurisdiction, or an authorized representative of such
officer, upon presentation of his credentials or, if necessary under
the circumstances, after obtaining an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50), Part 3 of the Code of
Civil Procedure, shall have the right of entry to any premises on
which an air pollution emission source is located for the purpose of
inspecting such source, including securing samples of emissions
therefrom, or any records required to be maintained in connection
therewith by the state board or any district.
41511. For the purpose of carrying out the duties imposed upon the
state board or any district, the state board or the district, as the
case may be, may adopt rules and regulations to require the owner or
the operator of any air pollution emission source to take such action
as the state board or the district may determine to be reasonable
for the determination of the amount of such emission from such
source.
41511.5. The state board shall conduct a study of ambient air
concentrations of manganese in the state to determine if there are
areas in the state that have unhealthy concentrations of manganese.
No later than January 1, 2010, the state board shall submit a report
to the Legislature that describes the conclusions of this study and
provides recommendations for reducing manganese exposures as needed.
41512. (a) The state board or a district board may adopt, by
regulation, after a public hearing, a schedule of fees not exceeding
the estimated cost of planning, preliminary evaluation, sampling,
sample analysis, calculations, and report preparation with respect to
samples of emissions secured from air pollution emission sources.
However, such fees may be imposed or assessed only when such samples
are required to determine compliance with permit conditions or with
any state or local law, order, rule, or regulation relating to air
pollution. Such fees shall not include charges for the reasonable
time exclusively spent by the owner or operator of the source
constructing testing facilities or preparing for such testing. The
failure to pay any such fee in a timely manner shall constitute
grounds for the revocation or suspension, and may be made a condition
for the issuance, of any permit. Any such revocation or suspension
shall be in accordance with the procedures set forth in Sections
42304 to 42309, inclusive.
(b) Nothing contained in this part shall be construed to include
or restrict the use of construction equipment such as portable
sandblasting equipment or portable spraying or spray painting
equipment, or any similar equipment, used on a temporary basis in
connection with new construction, or on maintenance or repairs of
existing structures, machinery, or equipment; provided, such
equipment is operated in accordance with the requirements of this
division and applicable district and state board rules and
regulations.
(c) Where testing to demonstrate compliance with permit conditions
or with any state or local law, order, rule, or regulation relating
to air pollution is required by the state board, the state board, not
later than April 1, 1981, shall establish procedures under which the
operator may request that such testing be performed by an
independent testing service. The state board may, for good cause,
reject such a request.
41512.5. A district board may adopt a schedule of fees applicable
to emission sources not included within a permit system adopted
pursuant to Section 42300 to cover the estimated reasonable costs of
evaluating plans required by law or by district rule or regulation,
including, but not limited to, review, inspection, and monitoring
related thereto. The fees shall not exceed the estimated costs of
reviewing, monitoring, and enforcing the plan for which the fees are
charged.
The district board shall hold a public hearing at least 30 days
prior to the meeting of the district board at which the adoption or
revision of the fee schedule is to be considered, and supporting data
on the actual or estimated costs required to provide the service for
which the fee is proposed to be charged shall be made available at
that public hearing.
41512.7. (a) No district with an annual budget of less than one
million dollars ($1,000,000) shall increase any existing fees for
authority-to-construct permits or permits to operate by more than 30
percent in any calendar year, unless required to comply with the
minimum fee requirements of Title V.
(b) No district with an annual budget of one million dollars
($1,000,000) or more shall increase any existing fees for
authority-to-construct permits or permits to operate by more than 15
percent in any calendar year.
(c) Notwithstanding subdivision (b), this section shall not apply
to the south coast district.
(d) (1) Notwithstanding subdivision (b), effective January 1,
1998, any of the San Diego County Air Pollution Control District's
individual fees for authority-to-construct permits and permits to
operate may reflect the district's actual costs, as determined by the
district's fee-for-service calculations.
(2) Notwithstanding paragraph (1) or subdivision (b), on and after
January 1, 1999, the San Diego County Air Pollution Control District
may increase any individual fees for authority-to-construct permits
and permits to operate by more than 15 percent in any fiscal year
only if the total, aggregate increase in existing fees for
authority-to-construct permits and permits to operate does not exceed
15 percent in that fiscal year.
(3) (A) This subdivision shall remain operative so long as the San
Diego County Air Pollution Control District continues to determine
fees for authority-to-construct permits and permits to operate
pursuant to a cost-based fee system in which all of the following
requirements are met:
(i) Fees for authority-to-construct permits and permits to operate
are specified for a minimum of 120 separate equipment and process
categories.
(ii) Labor expended to issue authority-to-construct permits and
permits to operate is tracked in increments of 0.5 hours or less for
each of those categories.
(iii) The fees for authority-to-construct permits and permits to
operate are determined from the costs of labor tracked in increments
of 0.5 hours or less and other actual and projected costs related to
permitted stationary sources.
(B) This subdivision shall become inoperative if, and at the time
that, the San Diego district ceases to determine fees for
authority-to-construct permits and permits to operate as specified in
subparagraph (A).
41513. Any violation of any provision of this part, or of any
order, rule, or regulation of the state board or of any district, may
be enjoined in a civil action brought in the name of the people of
the State of California, except that the plaintiff shall not be
required to allege facts necessary to show, or tending to show, lack
of adequate remedy at law or to show, or tending to show, irreparable
damage or loss.
41514. Notwithstanding any other provision of law, no provision of
this division, and no rule or regulation of the state board or of a
district adopted pursuant to this division, imposing any requirement
pertaining to the control of nonvehicular emissions shall apply to
any equipment carried by, or affixed to, any motor vehicle described
in Section 27156.3 of the Vehicle Code.
41514.1. (a) A health facility shall test each of its diesel backup
generators 12 times a year with testing intervals of not less than
20 days and not more than 40 days. The tests shall be conducted for
at least 30 continuous minutes pursuant to either of the following:
(1) A dynamic load that is at least 30 percent of the nameplate
rating of the generator.
(2) A test conducted at less than 30 percent of the nameplate
rating of the generator, if the health facility revises its existing
documented management plan to conform with the National Fire
Protection Association 110: Standard for Emergency and Standby Power
Systems, 2005 edition, testing and maintenance activities. These
activities shall include inspection procedures for assessing the
prime mover's exhaust gas temperature against the minimum temperature
recommended by the manufacturer.
(b) If a diesel backup generator cannot be tested pursuant to the
requirements of either paragraph (1) or (2) of subdivision (a), it
shall be tested for 30 continuous minutes at intervals described in
subdivision (a) with available Emergency Power Supply Systems (EPSS)
load and tested annually with supplemental loads of all of the
following in the following order for a total of two continuous hours:
(1) Twenty-five percent of nameplate rating for 30 minutes.
(2) Fifty percent of nameplate rating for 30 minutes.
(3) Seventy-five percent of nameplate rating for 60 minutes.
(c) A health facility shall submit all data collected under this
section to the State Department of Public Health when requested by
the department.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(e) For the purposes of this section, "health facility" has the
same meaning as Section 1250, but includes only those facilities
described in subdivision (a), (b), (c), (d), (f), (g), or (k) of that
section.
(f) Nothing in this section affects the authority of the state
board or a district to regulate diesel backup generators owned by a
health facility.
41514.8. (a) Prior to adopting rules or regulations which would
affect the operation of existing powerplants, the state board or any
district shall consider and adopt written findings that specify the
supporting information relied upon with regard to all of the
following:
(1) The need for the emission reductions expected to be achieved
from the implementation of the proposed rule or regulation, and the
extent to which the rule or regulation is necessary solely for the
attainment of a state ambient air quality standard.
(2) The relative cost of achieving the emission reductions from
the proposed rule or regulation compared to the cost of feasible
reductions from sources other than powerplants.
(3) The availability and technological feasibility of control
technologies required by the proposed rule or regulation.
(b) Rules and regulations affecting the operation of existing
powerplants adopted after January 1, 1982 by the state board or any
district shall take into consideration the findings under subdivision
(a).
41514.9. (a) On or before January 1, 2003, the state board shall
adopt a certification program and uniform emission standards for
electrical generation technologies that are exempt from district
permitting requirements.
(b) The emission standards for electrical generation technologies
shall reflect the best performance achieved in practice by existing
electrical generation technologies for the electrical generation
technologies referenced in subdivision (a) and, by the earliest
practicable date, shall be made equivalent to the level determined by
the state board to be the best available control technology for
permitted central station powerplants in California. The emission
standards for state certified electrical generation technology shall
be expressed in pounds per megawatt hour to reflect the expected
actual emissions per unit of electricity and heat provided to the
consumer from each permitted central powerplant as compared to each
state certified electrical generation technology.
(c) Commencing on January 1, 2003, all electrical generation
technologies shall be certified by the state board or permitted by a
district prior to use or operation in the state. This section does
not preclude a district from establishing more stringent emission
standards for electrical generation technologies than those adopted
by the state board.
(d) The state board may establish a schedule of fees for purposes
of this section to be assessed on persons seeking certification as a
distributed generator. The fees charged, in the aggregate, shall not
exceed the reasonable cost to the state board of administering the
certification program.
(e) As used in this section, the following definitions shall
apply:
(1) "Best available control technology" has the same meaning as
defined in Section 40405.
(2) "Distributed generation" means electric generation located
near the place of use.
41514.10. On or before January 1, 2003, the state board shall issue
guidance to districts on the permitting or certification of
electrical generation technologies under the districts regulatory
jurisdiction. The guidance shall address best available control
technology determinations, as defined by Section 40405, for
electrical generation technologies and, by the earliest practicable
date, shall make those equivalent to the level determined by the
state board to be the best available control technology for permitted
central station powerplants in California. The guidance shall also
address methods for streamlining the permitting and approval of
electrical generation units, including the potential for
precertification of one or more types of electrical generation
technologies.
41500. To coordinate air pollution control activities throughout
the state, and to ensure that the entire state is, or will be, in
compliance with the standards adopted pursuant to Section 39606, the
state board shall do all of the following:
(a) Review the district attainment plans submitted pursuant to
Section 40911, and the revised plans submitted pursuant to Section
40925, to determine whether the plans will achieve and maintain the
state's ambient air quality standards by the earliest practicable
date.
(b) Review the rules and regulations and programs submitted by the
districts pursuant to Section 40704 to determine whether they are
sufficiently effective to achieve and maintain the state ambient air
quality standards.
(c) Review the enforcement practices of the districts and local
agencies delegated authority by districts pursuant to Section 40717
to determine whether reasonable action is being taken to enforce
their programs, rules, and regulations.
41500.5. Notwithstanding any other provision of law, any plan
required by this division shall be subject to Article 5.5 (commencing
with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title 5
of the Government Code.
41502. (a) Before taking any action pursuant to Section 41503,
41504, 41505, or 41652, the state board shall hold a public hearing
within the air basin affected, upon a 45-day written notice given to
the basinwide air pollution control council, if any, the affected
districts, the affected air quality planning agencies, and the
public. However, except with respect to action taken pursuant to
Section 41652, upon receipt of evidence that a concentration of air
contaminants in any place is presenting an imminent and substantial
endangerment to the health of persons, and that the districts
affected are not taking reasonable action to abate the concentration
of air contaminants, the state board shall give, orally if necessary,
as much notice as possible, but not less than 24 hours. The state
board shall, in the action taken, include a statement of the facts
which prevented the state board from giving a 45-day written notice.
(b) In addition to any other statutory requirements, interested
persons shall have the right, at the public hearing, to present oral
and written evidence and to question and solicit testimony of
qualified representatives of the state board on the matter being
considered. The state board may, at the public hearing, place
reasonable limits on such right to question and solicit testimony.
(c) If, after conducting the public hearing required by
subdivision (a), the state board determines to take action pursuant
to any section enumerated in subdivision (a), the state board shall,
based on the record of the public hearing, adopt written findings
which explain the action to be taken by the state board, why the
state board decided to take the action, and why the action is
authorized by, and meets the requirements of, the statutory
provisions pursuant to which it was taken. In addition, the findings
shall address the significant issues raised or written evidence
presented by interested persons or the staff of the state board. The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceedings, shall constitute the exclusive
record for decision by the state board.
(d) Subdivisions (a), (b), and (c) shall be applicable to the
executive officer of the state board acting pursuant to Section
39515, or to his delegates acting pursuant to Section 39516, with
respect to any action taken pursuant to any section enumerated in
subdivision (a).
41503. (a) Within 12 months of receiving each district's attainment
plan developed pursuant to Section 40911, the state board shall
determine whether the attainment date specified in the plan
represents the earliest practicable date and whether the measures
contained in the plan are sufficient to achieve and maintain state
ambient air quality standards.
(b) The state board shall conduct its review to include the plans
of every district in the air basin, and shall determine whether the
combination of measures in all the plans is sufficient to achieve and
maintain state ambient air quality standards throughout the air
basin. The state board shall hold at least one public hearing in each
affected air basin prior to reaching a final determination of the
sufficiency of the plans. The state board shall require control
measures for the same emission sources to be uniform throughout the
air basin to the maximum extent feasible, unless a district
demonstrates to the satisfaction of the state board that adoption of
the measure within its jurisdiction is not necessary to achieve or
maintain the state ambient air quality standard.
(c) Where air pollutant transport is a factor, the state board
shall determine whether the attainment plan is sufficient to satisfy
the requirements of Section 40912.
(d) If a district is unable to specify an attainment date and the
state board concurs that projecting an attainment date is not
feasible, the state board shall determine whether the plan contains
every feasible control strategy or measure to ensure progress toward
attainment is maintained.
(e) In making determinations under subdivisions (a), (b), (c), and
(d), the state board shall consider any emission reductions
occurring in, or expected to occur in, the district or air basin.
41503.1. The state board may approve an attainment plan which
achieves less emission reductions than 5 percent per year, or less
than 15 percent every three years, as specified in Section 40914, if
the state board determines that the district is unable to meet these
requirements, despite the expeditious adoption of all feasible
controls, or if the state board determines that the equivalent air
quality improvement will be achieved through an alternate level of
emissions reduction.
41503.2. (a) If the state board concludes that a district's plan
does not meet the requirements of Section 41503, the state board
shall notify the district of all deficiencies in writing. The
district shall correct the deficiencies identified by the state
board, and shall submit its revised plan to the state board for
approval.
(b) If the district does not concur with the state board's
findings and determinations of deficiency, or the state board
determines that the district's plan revisions are inadequate to
remedy identified deficiencies, the state board and the district
shall attempt to resolve the differences within three months of the
board's disapproval. The state board and the districts shall develop
a uniform conflict resolution procedure, for purposes of this
subdivision, prior to any district's submittal of its attainment plan
to the state board.
(c) If a conflict between the state board and district cannot be
resolved, the state board shall take all of the following actions:
(1) Conduct a public hearing in the air basin containing the
affected district for purposes of hearing testimony on the plan and
the deficiencies identified by the state board pursuant to
subdivision (a).
(2) Prior to conducting the hearing, provide a 45-day written
notice to the affected district and to the public of the date, time,
location, and subject of the hearing.
(3) After conducting the public hearing on the plan and the
deficiencies identified by the state board, revise the district's
plan as it finds and determines necessary.
41503.3. Upon receipt of a district's triennial progress report and
plan revisions prepared pursuant to subdivision (b) of Section
40924, the state board shall determine whether the district has
achieved the minimum rate of progress under Section 40914 or as
adjusted by the board pursuant to Section 41503.1. The state board
shall require the adoption of one or more contingency measures when
the minimum rate of progress has not been achieved, unless the
district demonstrates to the satisfaction of the state board that the
discrepancy will be corrected and the deficiency restored during the
next reporting period.
41503.4. All actions of the state board to approve, revise and
approve, or disapprove a district's attainment plan or plan revision
shall be taken at a noticed public hearing.
41503.5. The state board shall ensure that a district's attainment
plan and plan revisions meet the requirements of this part and of
Part 3 (commencing with Section 40000), and that every reasonable
action is taken to achieve the state ambient air quality standards
for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide at
the earliest practicable date.
41503.6. (a) The Legislature finds and declares that the California
Pollution Control Financing Authority, working with the south coast
district, has established successful programs to assist small
businesses in complying with district rules and financing the
purchase of pollution control equipment.
(b) The Treasurer and the California Pollution Control Financing
Authority shall work with, and provide all feasible assistance to,
districts to increase opportunities for small businesses to comply
with the rules and regulations of the district. That assistance may
include loans, loan guarantees, and other forms of financial
assistance.
41504. (a) If, after a public hearing, the state board finds that
the program or the rules and regulations of a district will not
likely achieve and maintain the state's ambient air quality
standards, the state board may establish a program, or portion
thereof, or rules and regulations it deems necessary to enable the
district to achieve and maintain such ambient air quality standards.
(b) Any program, or portion thereof, or rule or regulation
established by the state board for the district shall have the same
force and effect as a program, rule, or regulation adopted by the
district and shall be enforced by the district.
41505. If, after a public hearing, the state board finds that a
district is not taking reasonable action to enforce the statutory
provisions, rules, and regulations relating to air quality in such a
manner that will likely achieve and maintain the state's ambient air
quality standards, the state board may exercise any of the powers of
that district to achieve and maintain such ambient air quality
standards.
41508. Except as otherwise specifically provided in this division,
including, but not limited to, Sections 41809, 41810, and 41904, any
local or regional authority may establish additional, stricter
standards than those set forth by law or by the state board for
nonvehicular sources.
41509. No provision of this division, or of any order, rule, or
regulation of the state board or of any district, is a limitation on:
(a) The power of any local or regional authority to declare,
prohibit, or abate nuisances.
(b) The power of the Attorney General, at the request of a local
or regional authority, the state board, or upon his own motion, to
bring an action in the name of the people of the State of California
to enjoin any pollution or nuisance.
(c) The power of a state agency in the enforcement or
administration of any provision of law which it is specifically
permitted or required to enforce or administer.
(d) The right of any person to maintain at any time any
appropriate action for relief against any private nuisance.
41510. For the purpose of enforcing or administering any state or
local law, order, regulation, or rule relating to air pollution, the
executive officer of the state board or any air pollution control
officer having jurisdiction, or an authorized representative of such
officer, upon presentation of his credentials or, if necessary under
the circumstances, after obtaining an inspection warrant pursuant to
Title 13 (commencing with Section 1822.50), Part 3 of the Code of
Civil Procedure, shall have the right of entry to any premises on
which an air pollution emission source is located for the purpose of
inspecting such source, including securing samples of emissions
therefrom, or any records required to be maintained in connection
therewith by the state board or any district.
41511. For the purpose of carrying out the duties imposed upon the
state board or any district, the state board or the district, as the
case may be, may adopt rules and regulations to require the owner or
the operator of any air pollution emission source to take such action
as the state board or the district may determine to be reasonable
for the determination of the amount of such emission from such
source.
41511.5. The state board shall conduct a study of ambient air
concentrations of manganese in the state to determine if there are
areas in the state that have unhealthy concentrations of manganese.
No later than January 1, 2010, the state board shall submit a report
to the Legislature that describes the conclusions of this study and
provides recommendations for reducing manganese exposures as needed.
41512. (a) The state board or a district board may adopt, by
regulation, after a public hearing, a schedule of fees not exceeding
the estimated cost of planning, preliminary evaluation, sampling,
sample analysis, calculations, and report preparation with respect to
samples of emissions secured from air pollution emission sources.
However, such fees may be imposed or assessed only when such samples
are required to determine compliance with permit conditions or with
any state or local law, order, rule, or regulation relating to air
pollution. Such fees shall not include charges for the reasonable
time exclusively spent by the owner or operator of the source
constructing testing facilities or preparing for such testing. The
failure to pay any such fee in a timely manner shall constitute
grounds for the revocation or suspension, and may be made a condition
for the issuance, of any permit. Any such revocation or suspension
shall be in accordance with the procedures set forth in Sections
42304 to 42309, inclusive.
(b) Nothing contained in this part shall be construed to include
or restrict the use of construction equipment such as portable
sandblasting equipment or portable spraying or spray painting
equipment, or any similar equipment, used on a temporary basis in
connection with new construction, or on maintenance or repairs of
existing structures, machinery, or equipment; provided, such
equipment is operated in accordance with the requirements of this
division and applicable district and state board rules and
regulations.
(c) Where testing to demonstrate compliance with permit conditions
or with any state or local law, order, rule, or regulation relating
to air pollution is required by the state board, the state board, not
later than April 1, 1981, shall establish procedures under which the
operator may request that such testing be performed by an
independent testing service. The state board may, for good cause,
reject such a request.
41512.5. A district board may adopt a schedule of fees applicable
to emission sources not included within a permit system adopted
pursuant to Section 42300 to cover the estimated reasonable costs of
evaluating plans required by law or by district rule or regulation,
including, but not limited to, review, inspection, and monitoring
related thereto. The fees shall not exceed the estimated costs of
reviewing, monitoring, and enforcing the plan for which the fees are
charged.
The district board shall hold a public hearing at least 30 days
prior to the meeting of the district board at which the adoption or
revision of the fee schedule is to be considered, and supporting data
on the actual or estimated costs required to provide the service for
which the fee is proposed to be charged shall be made available at
that public hearing.
41512.7. (a) No district with an annual budget of less than one
million dollars ($1,000,000) shall increase any existing fees for
authority-to-construct permits or permits to operate by more than 30
percent in any calendar year, unless required to comply with the
minimum fee requirements of Title V.
(b) No district with an annual budget of one million dollars
($1,000,000) or more shall increase any existing fees for
authority-to-construct permits or permits to operate by more than 15
percent in any calendar year.
(c) Notwithstanding subdivision (b), this section shall not apply
to the south coast district.
(d) (1) Notwithstanding subdivision (b), effective January 1,
1998, any of the San Diego County Air Pollution Control District's
individual fees for authority-to-construct permits and permits to
operate may reflect the district's actual costs, as determined by the
district's fee-for-service calculations.
(2) Notwithstanding paragraph (1) or subdivision (b), on and after
January 1, 1999, the San Diego County Air Pollution Control District
may increase any individual fees for authority-to-construct permits
and permits to operate by more than 15 percent in any fiscal year
only if the total, aggregate increase in existing fees for
authority-to-construct permits and permits to operate does not exceed
15 percent in that fiscal year.
(3) (A) This subdivision shall remain operative so long as the San
Diego County Air Pollution Control District continues to determine
fees for authority-to-construct permits and permits to operate
pursuant to a cost-based fee system in which all of the following
requirements are met:
(i) Fees for authority-to-construct permits and permits to operate
are specified for a minimum of 120 separate equipment and process
categories.
(ii) Labor expended to issue authority-to-construct permits and
permits to operate is tracked in increments of 0.5 hours or less for
each of those categories.
(iii) The fees for authority-to-construct permits and permits to
operate are determined from the costs of labor tracked in increments
of 0.5 hours or less and other actual and projected costs related to
permitted stationary sources.
(B) This subdivision shall become inoperative if, and at the time
that, the San Diego district ceases to determine fees for
authority-to-construct permits and permits to operate as specified in
subparagraph (A).
41513. Any violation of any provision of this part, or of any
order, rule, or regulation of the state board or of any district, may
be enjoined in a civil action brought in the name of the people of
the State of California, except that the plaintiff shall not be
required to allege facts necessary to show, or tending to show, lack
of adequate remedy at law or to show, or tending to show, irreparable
damage or loss.
41514. Notwithstanding any other provision of law, no provision of
this division, and no rule or regulation of the state board or of a
district adopted pursuant to this division, imposing any requirement
pertaining to the control of nonvehicular emissions shall apply to
any equipment carried by, or affixed to, any motor vehicle described
in Section 27156.3 of the Vehicle Code.
41514.1. (a) A health facility shall test each of its diesel backup
generators 12 times a year with testing intervals of not less than
20 days and not more than 40 days. The tests shall be conducted for
at least 30 continuous minutes pursuant to either of the following:
(1) A dynamic load that is at least 30 percent of the nameplate
rating of the generator.
(2) A test conducted at less than 30 percent of the nameplate
rating of the generator, if the health facility revises its existing
documented management plan to conform with the National Fire
Protection Association 110: Standard for Emergency and Standby Power
Systems, 2005 edition, testing and maintenance activities. These
activities shall include inspection procedures for assessing the
prime mover's exhaust gas temperature against the minimum temperature
recommended by the manufacturer.
(b) If a diesel backup generator cannot be tested pursuant to the
requirements of either paragraph (1) or (2) of subdivision (a), it
shall be tested for 30 continuous minutes at intervals described in
subdivision (a) with available Emergency Power Supply Systems (EPSS)
load and tested annually with supplemental loads of all of the
following in the following order for a total of two continuous hours:
(1) Twenty-five percent of nameplate rating for 30 minutes.
(2) Fifty percent of nameplate rating for 30 minutes.
(3) Seventy-five percent of nameplate rating for 60 minutes.
(c) A health facility shall submit all data collected under this
section to the State Department of Public Health when requested by
the department.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(e) For the purposes of this section, "health facility" has the
same meaning as Section 1250, but includes only those facilities
described in subdivision (a), (b), (c), (d), (f), (g), or (k) of that
section.
(f) Nothing in this section affects the authority of the state
board or a district to regulate diesel backup generators owned by a
health facility.
41514.8. (a) Prior to adopting rules or regulations which would
affect the operation of existing powerplants, the state board or any
district shall consider and adopt written findings that specify the
supporting information relied upon with regard to all of the
following:
(1) The need for the emission reductions expected to be achieved
from the implementation of the proposed rule or regulation, and the
extent to which the rule or regulation is necessary solely for the
attainment of a state ambient air quality standard.
(2) The relative cost of achieving the emission reductions from
the proposed rule or regulation compared to the cost of feasible
reductions from sources other than powerplants.
(3) The availability and technological feasibility of control
technologies required by the proposed rule or regulation.
(b) Rules and regulations affecting the operation of existing
powerplants adopted after January 1, 1982 by the state board or any
district shall take into consideration the findings under subdivision
(a).
41514.9. (a) On or before January 1, 2003, the state board shall
adopt a certification program and uniform emission standards for
electrical generation technologies that are exempt from district
permitting requirements.
(b) The emission standards for electrical generation technologies
shall reflect the best performance achieved in practice by existing
electrical generation technologies for the electrical generation
technologies referenced in subdivision (a) and, by the earliest
practicable date, shall be made equivalent to the level determined by
the state board to be the best available control technology for
permitted central station powerplants in California. The emission
standards for state certified electrical generation technology shall
be expressed in pounds per megawatt hour to reflect the expected
actual emissions per unit of electricity and heat provided to the
consumer from each permitted central powerplant as compared to each
state certified electrical generation technology.
(c) Commencing on January 1, 2003, all electrical generation
technologies shall be certified by the state board or permitted by a
district prior to use or operation in the state. This section does
not preclude a district from establishing more stringent emission
standards for electrical generation technologies than those adopted
by the state board.
(d) The state board may establish a schedule of fees for purposes
of this section to be assessed on persons seeking certification as a
distributed generator. The fees charged, in the aggregate, shall not
exceed the reasonable cost to the state board of administering the
certification program.
(e) As used in this section, the following definitions shall
apply:
(1) "Best available control technology" has the same meaning as
defined in Section 40405.
(2) "Distributed generation" means electric generation located
near the place of use.
41514.10. On or before January 1, 2003, the state board shall issue
guidance to districts on the permitting or certification of
electrical generation technologies under the districts regulatory
jurisdiction. The guidance shall address best available control
technology determinations, as defined by Section 40405, for
electrical generation technologies and, by the earliest practicable
date, shall make those equivalent to the level determined by the
state board to be the best available control technology for permitted
central station powerplants in California. The guidance shall also
address methods for streamlining the permitting and approval of
electrical generation units, including the potential for
precertification of one or more types of electrical generation
technologies.
