Bill Text: CA AB1095 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Sacramento-San Joaquin Delta Reform Act of 2009: covered

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2012-07-03 - In committee: Set second hearing. Failed passage. Reconsideration granted. [AB1095 Detail]

Download: California-2011-AB1095-Amended.html

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BILL NUMBER: AB 1095	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Members Bill Berryhill, Fuentes, and Hill
   (Coauthor: Assembly Member Perea)

                        FEBRUARY 18, 2011

   An act to add  Section 38582   Sections 38582
and 38583  to the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1095, as amended, Bill Berryhill. Air pollution: hearing board:
State Air Resources Board.
   Existing law grants air pollution control districts and air
quality management districts the primary responsibility for the
control of air pollution from all sources other than vehicular
sources. Existing law establishes one or more hearing boards in each
district for the purposes of performing specified functions,
including issuing interim variances from specified provisions of law
relating to excess emissions. Existing law, the California Global
Warming Solutions Act of 2006, grants the State Air Resources Board
with authority over the regulation of emissions of greenhouse gases.
   This bill would require the creation of a hearing board within the
state board, based on the provisions applicable to district hearing
boards, for the resolution of disputes arising from the enforcement
of  , and variance requests relating to,  rules and
regulations adopted by the state board pursuant to the California
Global Warming Solutions Act of 2006.  The bill would specify the
scope of, and limitations on, the hearing board's authority. The
bill would authorize specified persons to apply to the hearing board
for variances from specified rules and regulations, and resolution of
disputes regarding executive officer findings, decisions, orders,
and determinations, pursuant to the California Global Warming
Solutions Act of 2006. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 38582 is added to the Health and Safety Code,
to read:
    38582.    (a)     It is the intent
of the Legislature that the hearing board created by this section
shall not have any authority over rules adopted by local or regional
authorities, including districts, and sha   ll not have any
authority over decisions of district hearing boards in cases where
the district has an agreement with the state board to implement or
enforce a rule adopted by the state board pursuant to this division.
 
   38582. (a) 
    (b)    There shall be a hearing board within
the state board for the resolution of disputes arising from the
enforcement of rules and regulations adopted by the state board
pursuant to this division. 
   (b) 
    (c)  The provisions of Chapter 8 (commencing with
Section 40800) of Part 3 of Division 26 shall apply to the hearing
board created pursuant to this section, to the extent those
provisions can be made applicable.  For purposes   of
this subdivision, all references in Chapter 8 (commencing with
Section 40800) of Part 3 of Division 26 to a "district board" shall
mean the state board, and all references to a "hearing board" shall
mean the hearing board created pursuant to this section.  
   (d) The hearing board created pursuant to this section shall have
authority to do all of the following:  
   (1) Resolve disputes that compliance entities and facilities may
have with state board executive officer findings, decisions, orders,
or determinations adopted pursuant to this division, except for
disputes regarding penalties.  
   (2) Make variance decisions on variance requests due to
unavoidable noncompliance with a state permit or regulation adopted
pursuant to this division, except for decisions regarding penalties.
 
   (3) (A) Exercise the powers set forth in Section 42309, Article 2
(commencing with Section 42350) of Chapter 4 of Part 4 of Division
26, Article 2.5 (commencing with Section 42365) of Chapter 4 of Part
4 of Division 26, and Article 4 (commencing with Section 42450) of
Chapter 4 of Part 4 of Division 26, with respect to rules adopted by
the state board pursuant to this division, except where there is an
existing agreement between the state board and an air district for
the air district to implement or enforce a permit or rule adopted by
the state board to implement this division.  
   (B) Notwithstanding subparagraph (A), where there is an agreement
between the state board and a district board for the district to
implement or enforce a permit or rule adopted by the state board in
implementation of this division, the hearing board of the district in
which the regulated entity is operating shall have jurisdiction to
exercise the authorities listed in this paragraph.  
   (e) The hearing board created pursuant to this section shall not
have any authority over rules adopted by local or regional
authorities, including districts, and shall not have any authority
over decisions of district hearing boards.  
   (f) The hearing board created pursuant to this section shall not
have authority to change the terms of any rule adopted by the state
board or any district.  
   (g) Nothing in this section shall be construed to supersede the
authority of a district hearing board to exercise the powers set
forth in Section 42309, Article 2 (commencing with Section 42350) of
Chapter 4 of Part 4 of Division 26, Article 2.5 (commencing with
Section 42365) of Chapter 4 of Part 4 of Division 26, or Article 4
(commencing with Section 42450) of Chapter 4 of Part 4 of Division
26, with respect to any rule adopted by the district to implement
greenhouse gas emission requirements, including rules implementing
requirements adopted pursuant to this division. The district hearing
board with jurisdiction shall be the hearing board for the air
district within which the affected facility is located. 
   SEC. 2.    Section 38583 is added to the  
Health and Safety Code   , to read:  
   38583.  Any person that is subject to a rule, regulation, order,
or decision of the state board pursuant to this division may apply to
the hearing board created pursuant to Section 38582 for any of the
following purposes:
   (a) (1) A variance from a rule or regulation of the state board
adopted pursuant to this division.
   (2) Notwithstanding paragraph (1), if there is an agreement
between the state board and a district for the district to implement
or enforce a permit or rule adopted by the state board to implement
this division, or if the district has adopted and is implementing a
rule to implement this division, a person shall apply to the
district, and the hearing board of the air district shall have
jurisdiction to issue variances pursuant to Article 2 (commencing
with Section 42350) and Article 2.5 (commencing with Section 42365)
of Chapter 4 of Part 4 of Division 26.
   (b) Resolution of disputes with state board executive officer
findings, decisions, orders, or determinations pursuant to this
division. An application to the hearing board for purposes of this
subdivision shall be made within 60 days after the adoption of the
finding, decision, order, or determination.