Bill Text: CA SB382 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Agricultural burning: consistency with no burn days.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB382 Detail]

Download: California-2009-SB382-Amended.html

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BILL NUMBER: SB 382	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 26, 2009

   An act to add Section 41854.5 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 382, as amended, Florez. Agricultural burning: consistency with
 residential  no burn days.
   Existing law designates the State Air Resources Board as the state
agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law designates the state
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 prohibits agricultural burning, as defined, unless a
valid permit has been issued from an agency designated by the state
board. Existing law allows the state board to determine days when
agricultural burning will be prohibited in any particular air basin.
Even when issued, existing law provides that agricultural burn
permits are not valid on days during which agricultural burning has
been prohibited by the state board.
   Existing law requires the state board, in consultation with the
districts, to identify, develop, and adopt a list of the most
cost-effective measures that could be employed by the state board and
the districts to reduce emissions of particulate matter from area
sources, including emissions from woodstoves and fireplaces.
Currently, the San Joaquin Valley Unified Air Pollution Control
District has adopted a rule implementing episodic wood burning
curtailment which prohibits the operation of wood burning fireplaces
and heaters on certain days.
   This bill would provide that an agricultural burn permit  for
burning within the jurisdiction of the San Joaquin Valley Unified Air
Pollution Control District  is invalid on days in which the
 San Joaquin Valley Unified Air Pollution Control District
  district  prohibition on the operation of wood
burning devices is in effect. This bill would require all permits
issued within the district to contain a warning regarding this
provision.
   This bill would prohibit the San Joaquin Valley Unified Air
Pollution Control District from making any rules that would enable
any entity or person to burn agricultural waste on any day during
which any program  operated by the district  has prohibited
the operation of a wood burning device.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The central valley of California has consistently ranked among
the worst regions in the country for air quality.  
   (b) Increased asthma rates for citizens in the central valley,
especially children, have been well documented.  
   (c) To improve air quality, residents of the central valley have
been asked not to use residential fireplaces on certain days. 

   (d) Unfortunately, there have been times in which agricultural
burning has been allowed on days that residential users could not use
their fireplaces.  
   (e) In response, the San Joaquin Valley Unified Air Pollution
Control District established a policy that would create parity
between agricultural burning and residential wood burning on days
designated by the district as "no burn" days. 
   SECTION 1.   SEC. 2.   Section 41854.5
is added to the Health and Safety Code, to read:
   41854.5.  (a) Notwithstanding any other provision of law, a permit
issued pursuant to Section 41853 to a person to burn agricultural
waste within the jurisdiction of the San Joaquin Valley Unified Air
Pollution Control District is not valid for any day during which a
program prohibiting the operation of a wood burning fireplace, wood
burning heater, or outdoor wood burning device has been put in effect
by the San Joaquin Valley Unified Air Pollution Control District.
   (b) Each permit issued within the jurisdiction of the San Joaquin
Valley Unified Air Pollution Control District shall, in addition to
the warning required by Section 41854, contain a warning with the
following words or words of like or similar import:

   "This permit is valid only on those days during which the
operation of wood burning fireplaces, wood burning heaters, or
outdoor wood burning devices is not prohibited by the San Joaquin
Valley Unified Air Pollution Control District."

   (c) The San Joaquin Valley Unified Air Pollution Control 
district   District  shall not make any rules or
promulgate any regulations that would enable any entity or person to
burn agricultural waste pursuant to Section 41853 on any day during
which any program  operated by the San Joaquin Valley Unified Air
Pollution Control District  has prohibited the operation of a
wood burning fireplace, wood burning heater, or outdoor wood burning
device within the jurisdiction of the San Joaquin Valley Unified Air
Pollution Control District.