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HSC Sec 40700-40724.7 GENERAL POWERS AND DUTIES
HEALTH AND SAFETY CODE
40700. A district is a body corporate and politic and a public
agency of the state.
40701. A district shall have power:
(a) To have perpetual succession.
(b) To sue and be sued in the name of the district in all actions
and proceedings in all courts and tribunals of competent
(c) To adopt a seal and alter it at its pleasure.
(d) To take by grant, purchase, gift, devise, or lease, to hold,
use, and enjoy, and to lease or dispose of any real or personal
property within or without the district necessary to the full
exercise of its powers.
(e) To lease, sell, or dispose of any property, or any interest
therein, whenever, in the judgment of the district board, such
property, or any interest therein, or part thereof, is no longer
required for the purposes of the district, or may be leased for any
purpose without interfering with the use of the same for the purposes
of the district, and to pay any compensation received therefor into
the general fund of the district.
(f) To cooperate and contract with any federal, state, or local
governmental agencies, private industries, or civic groups necessary
or proper to the accomplishment of the purposes of this division.
(g) To require any owner or operator of any air pollution emission
source, except a noncommercial vehicular source, to provide (1) a
description of the source, and (2) disclosure of the data necessary
to estimate the emissions of pollutants for which ambient air quality
standards have been adopted, or their precursor pollutants, so that
the full spectrum of emission sources can be addressed equitably
pursuant to Section 40910.
40701.5. (a) Funding for a district may be provided by, but is not
limited to, any one or any combination of the following sources:
(3) Permit fees.
(5) A surcharge or fee pursuant to Section 41081 or 44223 on motor
vehicles registered in the district.
(b) Expenses of a district that are not met by the funding sources
identified in subdivision (a), shall be provided by an annual per
capita assessment on those cities which have agreed to have a member
on the district board for purposes of Section 40100.5, 40152,
40322.5, 40704.5, or 40980 and on the county or counties included
within the district. Any annual per capita assessment imposed by the
district on those cities and counties included within the district
shall be imposed on an equitable per capita basis.
(c) Subdivision (b) does not apply to the San Joaquin Valley
Unified Air Pollution Control District or, if that unified district
ceases to exist, the San Joaquin Valley Air Quality Management
District, if that district is created.
40702. A district shall adopt rules and regulations and do such
acts as may be necessary or proper to execute the powers and duties
granted to, and imposed upon, the district by this division and other
No order, rule, or regulation of any district shall, however,
specify the design of equipment, type of construction, or particular
method to be used in reducing the release of air contaminants from
40703. In adopting any regulation, the district shall consider,
pursuant to Section 40922, and make available to the public, its
findings related to the cost effectiveness of a control measure, as
well as the basis for the findings and the considerations involved.
A district shall make reasonable efforts, to the extent feasible
within existing budget constraints, to make specific reference to the
direct costs expected to be incurred by regulated parties, including
businesses and individuals.
40704. A district board shall file with the state board, within 30
days any rule or regulation the district board adopts, amends, or
40704.5. (a) Notwithstanding any other provision of law, on and
after July 1, 1994, the membership of the governing board of an air
quality management district, including any district formed on or
after that date, shall include (1) one or more members who are
mayors, city council members, or both, and (2) one or more members
who are county supervisors.
(b) The number of those members and their composition shall be
determined jointly by the counties and cities within the district,
and shall be approved by a majority of the counties, and by a
majority of the cities which contain a majority of the population in
the incorporated area of the district.
(c) The governing board shall reflect, to the extent feasible and
practicable, the geographic diversity of the district and the
variation of population between the cities in the district.
(d) The members of the governing board who are mayors or city
council members shall be selected by the city selection committee if
the district only contains one county, or a majority of the cities
within the district if the district contains more than one county.
The members of the governing board who are county supervisors shall
be selected by the county if the district only contains one county or
a majority of counties within the district if the district contains
more than one county.
(e) If a district fails to comply with subdivisions (a) and (b),
the composition of the governing board shall be determined as
(1) In districts in which the population in the incorporated areas
represents 35 percent or less of the total county population,
one-fourth of the members of the governing board shall be mayors or
city council members, and three-fourths shall be county supervisors.
(2) In districts in which the population in the incorporated areas
represents between 36 and 50 percent of the total county population,
one-third of the members of the governing board shall be mayors or
city council members, and two-thirds shall be county supervisors.
(3) In districts in which the population in the incorporated areas
represents more than 50 percent of the total county population,
one-half of the members of the governing board shall be mayors or
city council members and one-half shall be county supervisors.
(4) The number of those members shall be determined as provided in
subdivision (b) and the members shall be selected pursuant to
(5) For purposes of paragraphs (1) to (3), inclusive, if any
number which is not a whole number results from the application of
the term "one-fourth," "one-third," "one-half," "two-thirds," or
"three-fourths," the number of county supervisors shall be increased
to the nearest integer, and the number of mayors or city council
members decreased to the nearest integer.
(f) This section does not apply to a district if the membership of
the governing board of the district includes both county supervisors
and mayors or city council members on June 30, 1994.
40705. The district board shall provide for the number of personnel
to be employed by the district air pollution control officer and for
their duties and the times at which they shall be appointed.
40706. The district board shall determine the compensation of, and
shall pay from district funds, the air pollution control officer, all
other officers and employees, and members of the hearing board, of
40707. All claims for money or damages against a district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.
40708. The Cortese-Knox-Hertzberg Local Government Reorganization
Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of
the Government Code, shall not be applicable to the districts.
40709. (a) Every district board shall establish by regulation a
system by which all reductions in the emission of air contaminants
that are to be used to offset certain future increases in the
emission of air contaminants shall be banked prior to use to offset
future increases in emissions. The system shall provide that only
those reductions in the emission of air contaminants that are not
otherwise required by any federal, state, or district law, rule,
order, permit, or regulation shall be registered, certified, or
otherwise approved by the district air pollution control officer
before they may be banked and used to offset future increases in the
emission of air contaminants. The system shall be subject to
disapproval by the state board pursuant to Chapter 1 (commencing with
Section 41500) of Part 4 within 60 days after adoption by the
(b) The system is not intended to recognize any preexisting right
to emit air contaminants, but to provide a mechanism for districts to
recognize the existence of reductions of air contaminants that can
be used as offsets, and to provide greater certainty that the offsets
shall be available for emitting industries.
(c) Notwithstanding subdivision (a), emissions reductions proposed
to offset simultaneous emissions increases within the same
stationary source need not be banked prior to use as offsets, if
those reductions satisfy all criteria established by regulation
pursuant to subdivision (a).
(d) This section does not apply to any district that is not
required to prepare and submit a plan for attainment of state ambient
air quality standards pursuant to Section 40911 if both of the
following apply to the district:
(1) The district is not in a federal nonattainment area for any
national ambient air quality standard unless the sole reason for the
nonattainment is due to air pollutant transport.
(2) An owner or operator of a source or proposed source has not
petitioned the district to establish a banking system.
40709.5. Any district which has established a system pursuant to
Section 40709 by which reductions in emissions may be banked or
otherwise credited to offset future increases in the emissions of air
contaminants, or which utilize a calculation method which enables
internal emission reductions to be credited against increases in
emissions, and as of January 1, 1988, is within a federally
designated nonattainment area for one or more air pollutants, shall
develop and implement a program which, at a minimum, provides for all
of the following:
(a) Identification and tracking of sources possessing emission
credit balances accruing from the elimination or replacement of
older, higher emitting equipment.
(b) Periodic analysis of the increases or decreases in emissions
which occur when credits are used to bring new or modified emission
sources into operation.
(c) Procedures for verifying the emission reductions credited to
the bank or accruing to internal accounts, and for adjusting of
credited emissions based on current district requirements.
(d) Periodic evaluation of the extent to which the system has
contributed or detracted from the goal of allowing economic growth
and modification of existing facilities, and has contributed to or
detracted from the district's progress toward attainment of ambient
air quality standards.
(e) Annual publication of the costs, in dollars per ton, of
emission offsets purchased for new or modified emission sources,
excluding information on the identity of any party involved in the
offset transactions. This publication shall specify, for each offset
purchase transaction, the year the offset transaction occurred, the
amount of offsets purchased, by pollutant, and the total cost, by
pollutant, of the offsets purchased. Each application to use
emissions reductions banked in a system established pursuant to
Section 40709 shall provide sufficient information, as determined by
the district, to perform the cost analysis. The information shall be
a public record.
40709.6. (a) Increases in emissions of air pollutants at a
stationary source located in a district may be offset by emission
reductions credited to a stationary source located in another
district if both stationary sources are located in the same air basin
or, if not located in the same air basin, if both of the following
requirements are met:
(1) The stationary source to which the emission reductions are
credited is located in an upwind district that is classified as being
in a worse nonattainment status than the downwind district pursuant
to Chapter 10 (commencing with Section 40910).
(2) The stationary source at which there are emission increases to
be offset is located in a downwind district that is overwhelmingly
impacted by emissions transported from the upwind district, as
determined by the state board pursuant to Section 39610.
(b) The district, in which the stationary source to which emission
reductions are credited is located, shall determine the type and
quantity of the emission reductions to be credited.
(c) The district, in which the stationary source at which there
are emission increases to be offset is located, shall do both of the
(1) Determine the impact of those emission reductions in
mitigation of the emission increases in the same manner and to the
same extent as the district would do so for fully credited emission
reductions from sources located within its boundaries.
(2) Adopt a rule or regulation to discount the emission reductions
credited to the stationary source in the other district. The
discount shall not be less than the emission reduction for offsets
from comparable sources located within the district boundaries.
(d) Any offset credited pursuant to subdivision (a) shall be
approved by a resolution adopted by the governing board of the
upwind district and the governing board of the downwind district,
after taking into consideration the impact of the offset on air
quality, public health, and the regional economy. Each district
governing board may delegate to its air pollution control officer the
board's authority to approve offsets credited pursuant to
40709.7. (a) For the purposes of this section, "military base"
means a military base that is designated for closure or downward
realignment pursuant to the Defense Base Closure and Realignment Act
of 1988 (P.L. 100-526) or the Defense Base Closure and Realignment
Act of 1990 (10 U.S.C. Sec. 2687 et seq.).
(b) For the purposes of this section, "base reuse authority" means
the authority recognized pursuant to Section 65050 of the Government
(c) An appropriate entity of the federal government may apply to
the district for emission reduction credits that result from reduced
emissions from a military base by June 1, 1995, or within 180 days of
the reduction in emissions, whichever occurs later, if the federal
government is eligible under district regulations to file and receive
emission reduction credits on December 31, 1994.
(d) Not later than July 1, 1995, or six months from the date that
the base closure or realignment decision becomes final, whichever
occurs last, the district shall request and attempt to obtain all
records maintained by a military base that are necessary to quantify
emission reductions, including, but not limited to, records on the
operation of any equipment that emits air contaminants, provided that
the district either waives the payment of direct costs to obtain the
records or enters into an agreement with the appropriate entity of
the federal government or the base reuse authority for the payment of
the direct costs to obtain the records. The district shall maintain
(e) (1) A base reuse authority may apply to a district, under the
emission reductions banking system established pursuant to Section
40709, for any reductions in emissions related to the termination or
reduction of operations at the military base under its jurisdiction.
(2) The district shall quantify and bank the emission reductions
for a closing or realigning military base within 180 days of a
request by a base reuse authority and payment of any applicable fees,
if one of the following events has occurred:
(A) The federal government agrees in writing to allow the base
reuse authority to apply for and receive the emission reduction
(B) The time period for the federal government to apply for
emission reduction credits pursuant to subdivision (c) has expired
and the federal government has not applied for the credits.
(C) The base reuse authority has, pursuant to other legal means,
obtained the authority to acquire the emission reduction credits.
(f) The district shall permanently retire the emission reduction
credits obtained pursuant to this section by 5 percent to improve air
(g) The baseline for quantifying emission reductions shall be the
date that the base closure or realignment decision becomes final.
The two-year period ending on the date that the base closure or
realignment decision was made shall be used to determine average
emissions from the military base unless this two-year period is not
representative of normal operations, in which case an alternative,
consecutive, two-year period that is within the five years prior to
the baseline date may be used, as determined by the district.
(h) After registration, certification, or other approval of the
emission reductions by a district air pollution control officer
pursuant to subdivision (a) of Section 40709 and this section, the
base reuse authority shall be deemed the owner of the emissions
source for purposes of the issuance of a certificate pursuant to
Section 40710. Upon receipt of the certificate, or other approval,
the base reuse authority may use, sell, or otherwise dispose of the
emission reduction credits as determined by the base reuse authority,
provided that the credits may only be used for base reuse within the
jurisdiction of the district.
40710. Upon receipt of approval and pursuant to Section 40709, a
certificate evidencing all approved reductions in the emissions of
air contaminants shall be issued to the owner or owners of the
emissions source, and such reductions shall continue to be banked
until they have been used according to district regulations. The
owner or owners of such approved reductions have the exclusive right
to use them and to authorize their use. Certificates evidencing
ownership of approved reductions issued by a district shall not
constitute instruments, securities, or any other form of property.
40711. (a) A banking system established pursuant to Section 40709
shall provide for registration of all interests in approved emission
reductions. The registry shall be maintained by the district and
open to public inspection. Upon payment of any required filing fee,
and receipt of the documents required in subdivision (b), the
district shall promptly register all interests in approved emission
reductions and issue a certificate evidencing such ownership. The
district may adopt by rule or regulation a schedule of fees for the
issuance of certificates to cover the cost of confirming emission
reductions and operating an emission reduction registry.
(b) Approved emission reductions may be transferred in whole or in
part by written conveyance or by operation of law from one person to
another. A sale, option, pledge, or other voluntary transfer of
approved emission reductions shall be enforceable against third
parties provided a copy of the written conveyance or a memorandum
describing the transaction, signed by the transferor, is filed with
the district. An involuntary transfer of approved emission
reductions shall be enforceable against third parties provided the
transferee files with the district a certified copy of the document
effecting such transfer or a memorandum describing the nature of such
transfer. Notwithstanding any other provision of law, conflicting
interests in approved emission reductions shall rank in priority
according to the time of filing with the district.
40712. If there is more than one owner of the source of the
approved reductions in emission of air contaminants, initial title to
such approved reductions shall be deemed held by such co-owners in
the same manner as they hold title to the source of such reductions
at the time such reductions are approved by the district air
pollution control officer.
40713. Any system established pursuant to Section 40709 shall
contain procedures for the approval of reductions in emissions of air
contaminants comparable to district permit procedures established
pursuant to Section 42300, including, without limitation, procedures
for public comment within 30 days after notice of any proposed
approval. In the event the district air pollution control officer
refuses to register, certify, or otherwise approve an application for
a reduction in the emission of air contaminants pursuant to Section
40709, such applicant may, within 30 days after receipt of the notice
of refusal, request the hearing board of the district to hold a
hearing on whether the application was properly refused.
40714.5. (a) The Legislature hereby finds and declares all of the
(1) Because of policy considerations, certain sources of air
pollution are exempt from district permitting requirements or are not
otherwise controlled by districts.
(2) Emissions from some of these sources can be reduced through
cost-effective measures, thereby creating additional emission
(3) An increased supply of emission reduction credits is
beneficial to local economies.
(4) The purpose of this section is to provide an incentive to
generate additional and fully valued emission reduction credits by
encouraging emission reductions from these sources without subjecting
them to a district permitting process.
(b) (1) With respect to any emission reduction that occurs on or
after January 1, 1991, at a source that was and remains exempt from
district rules and regulations, the district shall grant emission
reduction credits or marketable trading credits without any discount
or reduction in the quantity of the emissions reduced at the source
unless otherwise provided by law. Emission reduction credits or
marketable trading credits issued by the district for those exempt
sources may be reduced only when applied to the permitting of other
stationary sources as a result of new source review, or in accordance
with any applicable requirement of a marketable trading credit
(2) Any credits issued by a district pursuant to this subdivision
shall meet all of the requirements of state and federal law,
including, but not limited to, all of the following requirements:
(A) The credits shall not result in the crediting of air emissions
which are already contemporaneously required by an emission control
measure in a plan necessary to achieve state and federal ambient air
(B) The credits shall not provide for an additional discount of
credits solely as a result of emission reduction credits trading if a
district has already discounted the credit as part of its process of
identifying and granting those credits to sources.
(C) The credits shall not, in any manner, result in
double-counting of emission reductions.
(D) The credits shall be permanent, enforceable, quantifiable, and
(3) This subdivision applies statewide in any area not otherwise
excluded under subdivision (d) of Section 40709.
40715. (a) Every district shall establish and implement
supplemental toxic air contaminant monitoring networks to supplement
the existing monitoring capacity of the board and the districts as
specified in the guidelines developed by the state board pursuant to
Section 39668. The district may establish a schedule of fees to be
paid to the district by sources of toxic air contaminants within the
district which shall not exceed 50 percent of the costs of
establishing and implementing these monitoring networks. Funds for
the remaining 50 percent of the costs of establishing and
implementing the supplemental toxic air contaminant monitoring
networks shall be provided by the state board pursuant to subdivision
(c) of Section 39668. Districts shall not be required to expend any
district funds to establish and implement the supplemental toxic air
contaminant monitoring program, as determined by Section 39668, that
are in excess of the amount of state funds provided by the state
board for that purpose.
(b) It is the intent of the Legislature that this district
supplemental toxic air contaminant monitoring program shall
supplement existing laws and regulations to protect human health and
safety from the adverse effects of toxic air contaminants and shall
not limit the existing authority of any state or local agency to
identify or control toxic air contaminants.
40716. (a) In carrying out its responsibilities pursuant to this
division with respect to the attainment of state ambient air quality
standards, a district may adopt and implement regulations to
accomplish both of the following:
(1) Reduce or mitigate emissions from indirect and areawide
sources of air pollution.
(2) Encourage or require the use of measures which reduce the
number or length of vehicle trips.
(b) Nothing in this section constitutes an infringement on the
existing authority of counties and cities to plan or control land
use, and nothing in this section provides or transfers new authority
over such land use to a district.
40717. (a) A district shall adopt, implement, and enforce
transportation control measures for the attainment of state or
federal ambient air quality standards to the extent necessary to
comply with Section 40918, 40919, or 40920.
(b) A district which has entered into an agreement with a council
of governments or a regional agency to jointly develop a plan for
transportation control measures shall develop the plan in accordance
with all of the following:
(1) The district shall establish the quantity of emission
reductions from transportation sources necessary to attain state and
federal ambient air standards.
(2) The council of governments or regional agency, in cooperation
with the district and any other person or entity authorized by the
council of governments or regional agency, shall develop and adopt a
plan to control emissions from transportation sources which will
achieve the emission reductions established under paragraph (1). The
plan shall include, at a minimum, a schedule for implementing
transportation control measures, identification of potential
implementing agencies and any agreements entered into by agencies to
implement portions of the plan, and procedures for monitoring the
effectiveness of and compliance with the measures in the plan. The
council of governments or regional agency shall submit the plan to
the district for its adoption according to a reasonable schedule
developed by the district in consultation with the council of
governments or regional agency.
(3) Upon receipt of the plan submitted by the council of
governments or regional agency, the district shall review and approve
or disapprove the plan in the following manner:
(A) The district shall review, adopt, and enforce the plan if it
meets the criteria established by the district pursuant to paragraph
(1) and has been submitted pursuant to the schedule established under
(B) If the district determines that the plan does not meet the
criteria established pursuant to paragraph (1), the district shall
return the plan to the council of governments or regional agency with
comments which identify the reasons the plan does not meet the
criteria established pursuant to paragraph (1). Within 45 days, the
council of governments or regional agency shall review the district's
comments, revise the plan to meet the criteria established under
paragraph (1), and resubmit the plan to the district. The district
shall review and approve the revised plan if it meets the criteria
established by the district pursuant to paragraph (1) and has been
resubmitted to the district within 45 days.
(C) If the plan is not submitted pursuant to the schedule
established under paragraph (2), or if a plan revised by a council of
governments or regional agency and resubmitted to a district
pursuant to this subparagraph does not meet the criteria established
under paragraph (1), the district shall develop, adopt, and enforce
an alternative plan for transportation control measures.
(4) Whenever the district revises its establishment of the
quantity of emission reductions from transportation sources necessary
to attain state and federal ambient air standards, the plan shall be
revised, adopted, and enforced in accordance with paragraphs (1),
(2), and (3).
(c) Subdivision (b) shall not apply to the Sacramento district.
Chapter 10 (commencing with Section 40950) shall govern preparation
and enforcement of that plan for transportation control measures for
the Sacramento district.
(d) Notwithstanding subdivision (b), a district located in a
county of the third class shall develop a plan for transportation
control measures as follows:
(1) The district, in consultation with the council of governments,
shall develop, approve, and adopt criteria under which the plan
shall be developed.
(2) The council of governments shall develop and adopt a plan for
transportation control measures which meets the criteria established
by the district, and shall submit the plan to the district for its
review and adoption according to a reasonable schedule developed by
the district in consultation with the council of governments.
(3) Upon receipt of the plan submitted by the council of
governments, the district shall review and approve the plan if it
meets the criteria established by the district pursuant to paragraph
(1) and has been submitted pursuant to the schedule established under
paragraph (2). If the district determines that the plan does not
meet the criteria established pursuant to paragraph (1) or if the
plan is not submitted pursuant to the schedule established under
paragraph (2), the district shall develop and adopt an alternative
plan for transportation control measures.
(e) A district may delegate any function with respect to the
implementation of transportation control measures to any local
agency, if all of the following conditions are met:
(1) The local agency submits to the district an implementation
plan that provides adequate resources to adopt and enforce the
measures, and the district approves the plan.
(2) The local agency adopts and implements measures at least as
stringent as those in the district plan.
(3) The district adopts procedures to review the performance of
the local agency in implementing the measures to ensure compliance
with the district plan.
(4) Multiple site employers with more than one regulated worksite
in the district have the option of complying with the district rule
and reporting directly to the district. Employers that exercise this
option shall be exempt from the local agency trip reduction measure.
(f) A district may revoke an authority granted under this section
if it determines that the performance of the local agency is in
violation of this section or otherwise inadequate to implement the
(g) For purposes of this section, "transportation control measures"
means any strategy to reduce vehicle trips, vehicle use, vehicle
miles traveled, vehicle idling, or traffic congestion for the purpose
of reducing motor vehicle emissions.
(h) Nothing in this section shall preclude a local agency from
implementing a transportation control measure that exceeds the
requirements imposed by an air pollution control district or an air
quality management district if otherwise authorized by law.
40717.5. (a) Any district that proposes to adopt or amend a rule or
regulation pursuant to Section 40716 or 40717, which imposes any
requirement on an indirect source to reduce vehicle trips or vehicle
miles traveled, including, but not limited to, any rule or regulation
affecting ridesharing or alternative transportation mode strategies,
shall, prior to the adoption or amendment of the rule or regulation,
do all of the following:
(1) Ensure, to the extent feasible, and based upon the best
available information, assumptions, and methodologies that are
reviewed and adopted at a public hearing, that the proposed rule or
regulation would require an indirect source to reduce vehicular
emissions only to the extent that the district determines that the
source contributes to air pollution by generating vehicle trips that
would not otherwise occur. In complying with this paragraph, a
district shall make reasonable and feasible efforts to assign
responsibility for existing and new vehicle trips in a manner that
equitably distributes responsibility among indirect sources.
(2) Ensure that, to the extent feasible, the proposed rule or
regulation does not require an indirect source to reduce vehicular
trips that are required to be reduced by other rules or regulations
adopted for the same purpose.
(3) Take into account the feasibility of implementing the proposed
rule or regulation.
(4) Pursuant to Section 40922, consider the cost effectiveness of
the proposed rule or regulation.
(5) Determine that the proposed rule or regulation would not place
any requirement on public agencies or on indirect sources that would
duplicate any requirement placed upon those public agencies or
indirect sources as a result of another rule or regulation adopted
pursuant to Section 40716 or 40717.
(b) A district may delegate to any city or county the
responsibility to implement a rule or regulation that is subject to
subdivision (a). However, if an indirect source subject to the rule
or regulation has sites located both within and outside of the
jurisdiction of a city or county to which that responsibility has
been delegated, the indirect source may elect to be subject to the
implementation of that rule or regulation only by the district.
Notwithstanding Section 40454, an indirect source that elects to be
regulated only by a district pursuant to this subdivision may also
elect to include sites under district regulation that would not
otherwise be subject to district regulation, and, in that event,
shall not be subject to the implementation by a city or county of any
requirement contained in that rule or regulation.
(c) (1) Nothing in this section constitutes an infringement on the
existing authority of counties and cities to plan, control, or
condition land use, or on the ability of a city, county, or other
public agency to impose trip reduction measures pursuant to a
voter-mandated growth management program.
(2) Nothing in this section provides or transfers new authority
over land use to a district.
40717.6. (a) No district or other local or regional agency shall
impose any requirement on any private entity, including any
requirement in any congestion management program adopted pursuant to
Section 65089 of the Government Code, except as specifically provided
in Section 65089.1 of the Government Code, to reduce shopping trips
or to require the imposition of parking charges or the elimination of
existing parking spaces at retail facilities.
(b) Notwithstanding subdivision (a), nothing in this section shall
be construed to prevent a city or county from doing any of the
(1) Requiring retailers to make available to customers information
concerning alternative transportation systems serving the retail
(2) Imposing requirements on new development as a condition of
development for the purpose of mitigation pursuant to the California
Environmental Quality Act Division 13 (commencing with Section 21000)
of the Public Resources Code).
(3) Enacting requirements on retailers as a result of a voter
imposed growth management initiative.
(c) Nothing in this section shall be construed as a limitation on
the land use authority of cities and counties.
40717.8. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Event center" means a community center, activity center,
auditorium, convention center, stadium, coliseum, arena, sports
facility, racetrack, pavilion, amphitheater, theme park, amusement
park, fairgrounds, or other building, collection of buildings, or
facility which is used exclusively or primarily for the holding of
sporting events, athletic contests, contests of skill, exhibitions,
conventions, meetings, spectacles, concerts, or shows, or for
providing public amusement or entertainment.
(2) "Average vehicle ridership" means the total number of
attendees arriving in vehicles parking in areas controlled by the
event center, divided by the total number of those vehicles parking
in areas controlled by the event center.
(b) (1) Notwithstanding Section 40717, or any other provision of
this chapter, and to the extent consistent with federal law, no
district, or regional or local agency to which a district has
delegated the authority to implement transportation control measures
pursuant to Section 40717, and which is acting pursuant to that
delegated authority, shall do either of the following:
(A) Require an event center which achieves an average vehicle
ridership greater than 2.20 to implement any transportation control
requirements that are intended to achieve reductions in vehicle trips
or vehicle miles traveled by event center attendees.
(B) Require an event center which, since 1987, has achieved a 12.5
percent reduction in vehicle trips or vehicle miles traveled, to
implement additional transportation control requirements that are
also intended to achieve reductions in vehicle trips or vehicle miles
traveled by event center attendees.
(2) A district, or regional or local agency, may require event
centers which achieve an average vehicle ridership greater than 2.20,
or which, since 1987, has achieved a 12.5 percent reduction in
vehicle trips or vehicle miles traveled, to implement approved
alternative strategies which will achieve emission reductions that
are equivalent to those that would be achieved by the imposition of
transportation control requirements intended to reduce vehicle trips
or vehicle miles traveled by event center attendees, including, but
not limited to, those strategies specified in subdivision (c).
(c) A district or regional or local agency may impose requirements
on any event center, without permitting that event center to
implement alternative strategies to achieve equivalent emissions
reductions, for any of the following purposes:
(1) Traffic management before and after events.
(2) Parking management and vehicle flow within parking areas
controlled by the event center.
(3) Reducing the amount of vehicle idling before and after events.
(4) Implementing marketing or education programs designed to
educate attendees on mass transit or other alternative transportation
methods for transit to and from the event center.
(5) Achieving a designated average vehicle ridership for vehicles
which carry persons who are traveling to or from their employment at
an event center.
(6) Other emission reduction strategies not relating to reductions
in vehicle trips or vehicle miles traveled by event center
40717.9. (a) Notwithstanding Section 40454, 40457, 40717, 40717.1,
or 40717.5, or any other provision of law, a district, congestion
management agency, as defined in subdivision (b) of Section 65088.1
of the Government Code, or any other public agency shall not require
an employer to implement an employee trip reduction program unless
the program is expressly required by federal law and the elimination
of the program will result in the imposition of federal sanctions,
including, but not limited to, the loss of federal funds for
(b) Nothing in this section shall preclude a public agency from
regulating indirect sources in any manner that is not specifically
prohibited by this section, where otherwise authorized by law.
40718. (a) Not later than January 1, 1990, the state board shall
publish maps identifying those cities, counties, or portions thereof
which have measured one or more violations of any state or federal
ambient air quality standard. The state board shall produce at least
one separate map for each pollutant.
(b) A district may prepare the maps required under subdivision (a)
for the area within its jurisdiction. If a district chooses to
prepare maps, the district shall provide the maps to the state board
for review not less than four months prior to the date when the state
board is required to publish the maps, and pursuant to a schedule
established by the state board for any subsequent maps.
(c) The maps produced pursuant to subdivision (a) shall be based
upon the most recent monitoring results, using the best technological
capabilities and the best scientific judgment. The maps produced
pursuant to subdivision (a) shall clearly identify portions of each
district which have or have not measured one or more violations of
any state or federal ambient air quality standard. The maps shall be
representative of the actual air quality in each portion of the
(d) The state board shall publish its criteria for preparing the
maps pursuant to this section not later than January 31, 1989. To
the extent applicable, the state board shall identify any criteria
relating to meterological impact on monitored air quality data;
reliability of monitored data; magnitude, frequency, and duration of
periods when ambient air quality standards are exceeded; and the area
within the district in which the standards are exceeded.
(e) Any person may petition the state board to hold a public
hearing on any proposed, adopted, amended, or revised map. If the
petition is granted by the state board, the public hearing may be
held at a regularly scheduled public hearing in Sacramento. Notice
of the time and place of any hearing shall be given not less than 30
days prior to the hearing by publication in the district pursuant to
Section 6061 of the Government Code. If a district includes portions
of more than one county, the notice shall be published in each
county not less than 30 days prior to the date of the hearing.
The notice shall include a description of the map proposed to be
adopted, amended, or repealed and a summary description of the effect
of the proposal.
(f) The state board shall review annually, and as appropriate
revise, the maps required by this section, using the criteria
developed pursuant to subdivision (c).
(g) Nothing in this section is intended to prevent a district
board from enacting and enforcing rules or regulations designed to
prevent interference with or maintenance of state and federal air
quality standards, or to prevent significant deterioration of air
quality in any area of the district.
40719. (a) Except as provided in subdivision (d), every district
board which has adopted an emergency episode plan for ozone or
oxidant may conduct hearings on the adoption and implementation of
intermittent transportation controls which shall be applicable, upon
order of the district board, during periods in the months of June to
October, inclusive, when an air pollution emergency, as defined in
the Air Pollution Emergency Plan of the state board, has been called.
(b) The district board, in cooperation with representatives of
industry, transportation, and local governments in the district,
shall conduct the hearings pursuant to subdivision (a) to define and
designate the necessary transportation controls. The district board
shall prepare and submit to the Legislature within one year a report
on the findings from the hearings.
(c) The district board shall incorporate its findings and
determinations into the district air quality management plan.
(d) Notwithstanding subdivisions (a) to (c), inclusive, in that
portion of the bay district which is subject to the jurisdiction of
the Metropolitan Transportation Commission, the commission, at the
request of the bay district, shall undertake those duties and
responsibilities set forth in subdivisions (a) to (c), inclusive,
that relate to the conduct of hearings and the adoption and
implementation of intermittent transportation controls and that
relate to making recommended findings and determinations for the bay
district for incorporation into the bay district's air quality
40720. (a) Each marine terminal in the state shall operate in a
manner that does not cause trucks to idle or queue for more than 30
minutes while waiting to enter the gate into the marine terminal.
(1) Any owner or operator of a marine terminal that operates in
violation of this subdivision is subject to a two hundred fifty
dollar ($250) fine per vehicle per violation.
(2) Marine terminals in the state shall be monitored by the
district with jurisdiction over that terminal to ensure compliance
with this subdivision.
(3) Citations for violations of this subdivision shall be issued
by the applicable district, and shall include the truck license plate
number or other unique identifier, which may include, but is not
limited to, the cargo container number, the name of the marine
terminal and port at which the violation occurred, and the date and
time of the violation.
(4) Any action taken by the marine terminal to assess, or seek
reimbursement from, the driver or owner of a truck for a violation of
this subdivision shall constitute a violation of Article 3
(commencing with Section 42400) of Chapter 4 of Part 4.
(5) Any owner or operator of a marine terminal or port, or any
agent thereof, who takes any action intended to avoid or circumvent
the requirements of this subdivision or to avoid or circumvent the
reduction of emissions of particulate matter from idling or queuing
trucks is subject to a seven hundred fifty dollar ($750) fine per
vehicle per violation, including, but not limited to, either of the
(A) Diverting an idling or queuing truck to area freeways or
alternate staging areas, including, but not limited to, requiring a
truck to idle or queue inside the gate of a marine terminal.
(B) Requiring or directing a truckdriver to turn on and off an
engine on a truck while that truck is idling or queuing.
(6) The owner or operator of a marine terminal does not violate
this subdivision by causing a truck to idle or queue for more than 30
minutes while waiting to enter the gate into the marine terminal, if
the delay is caused by acts of God, strikes, or declared state and
federal emergencies, or if the district finds that an unavoidable or
unforeseeable event caused a truck to idle or queue and that the
terminal is in good faith compliance with this section.
(7) Failure to pay a fine imposed pursuant to paragraph (1) or (5)
shall constitute a violation of Article 3 (commencing with Section
42400) of Chapter 4 of Part 4.
(b) (1) Subdivision (a) does not apply to any marine terminal that
provides, as determined by the district, two continuous hours of
uninterrupted, fully staffed receiving and delivery gates two hours
prior to and after, peak commuter hours each day, at least five days
(2) For the purposes of this subdivision, "peak commuter hours"
shall be those hours determined by the district, in consultation with
the owners and operators of the marine terminals within the
jurisdiction of each district and any labor union that is represented
at those marine terminals. The district shall notify the marine
terminals of the final determination of the peak commuter hours.
(c) Subdivision (a) does not apply to any marine terminal that
operates fully staffed receiving and delivery gates for 65 hours,
five days per week, if that marine terminal is located at a port that
processes less than 3 million containers (20-foot equivalent units
(d) Subdivision (a) does not apply to any marine terminal that
operates fully staffed receiving and delivery gates for 70 hours,
five days per week, if that marine terminal is located at a port that
processes more than 3 million containers (20-foot equivalent units
(e) The district shall determine the necessary level of monitoring
and enforcement commensurate with the level of the truck idling or
queuing problem existing within its jurisdiction.
(f) For the purposes of this section, "marine terminal" means a
facility that meets all of the following criteria:
(1) Is located at a bay or harbor.
(2) Is primarily used for loading or unloading containerized cargo
onto or off of a ship or marine vessel.
(3) Contains one or more of the following:
(4) Is located at a port that processes 100,000 or more containers
(20-foot equivalent units (TEUs)) annually.
(g) Notwithstanding paragraph (1) of subdivision (a), if a marine
terminal implements a scheduling or appointment system for trucks to
enter the terminal, the terminal shall be subject to a fine pursuant
to subdivision (a) only for a truck that makes use of the system and
that idles or queues for more than 30 minutes while waiting to enter
the gate into the terminal, commencing from the start of the
appointment or the time the truck arrives, whichever is later. The
scheduling or appointment system shall meet all of the following
(1) Provide appointments on a first-come-first-served basis.
(2) Provide appointments that last at least 60 minutes and are
continuously staggered throughout the day.
(3) Not discriminate against any motor carrier that conducts
transactions at the marine terminal in scheduling appointments.
(4) Not interfere with a double transaction once inside the gate. (continued)