Robert Garcia

Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes air districts to adopt and implement regulations to reduce or mitigate emissions from indirect sources of air pollution. Existing law authorizes an air district to adopt a schedule of fees to be assessed on indirect sources of emissions to recover the costs of district programs related to these sources.

Existing law requires the state board to adopt rules and regulations relating to vehicular emissions standards, as specified, that will achieve the ambient air quality standards required by federal law in conjunction with other measures adopted by the state board, air districts, and the United States Environmental Protection Agency.

This bill would require the state board, if necessary to carry out that duty to achieve those ambient air quality standards, to adopt and enforce rules and regulations applicable to indirect sources of emissions. The bill would require the state board to establish a schedule of fees on facilities and mobile sources to cover the reasonable costs of implementing and enforcing the regulations and would require the fees to be deposited in the Air Pollution Control Fund and made available to the state board upon appropriation by the Legislature. The bill would require each air district, no later than 120 days after the adoption by the state board of indirect source regulations, to determine if the district or the state board will implement and enforce those regulations within its jurisdiction, as specified. The bill would require the state board to annually prepare a presentation on the impacts and effects of any indirect source regulations that it adopts and to post that presentation on its internet website.

Existing law requires the state board to identify toxic air contaminants that are emitted into the ambient air of the state and to adopt airborne toxic control measures to reduce emissions of toxic air contaminants. Existing law also requires the state board to designate any substance that is listed as a hazardous air pollutant under federal law as a toxic air contaminant and to establish airborne toxic control measures applicable to the substance in accordance with specified procedures. Existing law requires each district to implement and enforce an airborne toxic control measure adopted by the state board or to propose regulations enacting airborne toxic control measures on nonvehicular sources within its jurisdiction that meets certain requirements, as specified.

This bill would require the state board, for a given toxic air contaminant or airborne toxic control measure, to adopt and enforce rules and regulations applicable to indirect sources of emissions. The bill would require the state board to establish a schedule of fees on facilities and mobile sources to cover the reasonable costs of implementing and enforcing the regulations and would require the fees to be deposited in the Air Pollution Control Fund and made available to the state board upon appropriation by the Legislature.

Existing law makes any violation of a rule or regulation of the state board relating to nonvehicular air pollution control a misdemeanor.

Because a violation of these rules or regulations of the state board with respect to nonvehicular sources subject to those rules and regulations would be a crime, this bill would impose a state-mandated local program. 

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.