Repealed and added by Stats. 1975, Ch. 957.
The state board shall do such acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law.
Chapter 3 - General Powers and Duties
California Health and Safety Code — §§ 39600-39619.8
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Sections (32)
Amended by Stats. 1983, Ch. 142, Sec. 79.
(a)The state board shall adopt standards, rules, and regulations in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law.
(b)The state board, by rules and regulations, may revise the definitions of terms set forth in Chapter 2 (commencing with Section 39010) of Part 1 in order to conform those definitions to federal laws and rules and regulations.
(c)The standards, rules, and regulations adopted pursuant to this section shall, to the extent consistent with the responsibilities imposed under this division, be consistent with the state goal of providing a decent home and suitable living environment for every Californian.
Added by Stats. 2009, Ch. 384, Sec. 2. (AB 1085) Effective January 1, 2010.
(a)The state board shall make available to the public all information described in paragraph (2) of subdivision (b) of Section 11346.2 of the Government Code, related to, but not limited to, air emissions, public health impacts, and economic impacts, before the comment period for any regulation proposed for adoption by the state board.
(b)In meeting the requirement of subdivision (a), the state board shall not release proprietary, confidential, or otherwise legally protected business information. The state board shall release information in aggregated form, where necessary, to protect
proprietary, confidential, or otherwise legally protected business information.
Amended by Stats. 1979, Ch. 810.
The state board is designated the air pollution control agency for all purposes set forth in federal law.
The state board is designated as the state agency responsible for the preparation of the state implementation plan required by the Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall coordinate the activities of all districts necessary to comply with that act.
Notwithstanding any other provision of this division, the state implementation plan shall only include those provisions necessary to meet the requirements of the Clean Air Act.
Added by Stats. 2007, Ch. 669, Sec. 2. Effective January 1, 2008.
(a)The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Environmental Protection Agency, will achieve ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment date, and to maintain these standards thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with Section 43013.
(b)If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations that anticipate the development of new technologies or the improvement of existing technologies. The rules and regulations shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule.
Added by Stats. 2021, Ch. 748, Sec. 3. (AB 794) Effective January 1, 2022.
The state board shall condition eligibility to participate in grant, loan, voucher, or other incentive programs to purchase new drayage and short-haul trucks on compliance with Chapter 3.6 (commencing with Section 39680), as applicable.
Amended by Stats. 1986, Ch. 726, Sec. 1.
(a)The state board may do both of the following:
(1)Contract for technical advisory services and other services as may be necessary for the performance of its powers and duties.
(2)Appoint advisory groups and committees as it requires. Members of committees or advisory groups shall receive one hundred dollars ($100) per day for each day they attend a meeting of the state board or meet pursuant to a request of the state board, plus actual and necessary travel expenses incurred while performing their duties.
(b)In appointing advisory groups and committees, the state board may appoint a number of persons qualified in various fields and disciplines. Persons appointed shall be kept informed of the issues before the state board and the work pending before the state board. When the state board desires the advice, in connection with a particular problem or problems, of any person so appointed, the chairperson of the state board may select that person to serve as a member of a working group or committee for the purpose of providing the advice. After the working group or committee has given its advice to the state board, it shall cease to function as a working group or committee. The financial remuneration specified in paragraph (2) of subdivision (a) shall be available to persons only during the time they are serving as members of a working group or committee at the request of the state board.
Amended by Stats. 2024, Ch. 664, Sec. 2. (AB 3017) Effective January 1, 2025.
(a)Notwithstanding any other law, the state board may provide advance payments to grantees of a grant program or project if the state board determines all of the following:
(1)The advance payments are necessary to meet the purposes of the grant program or project.
(2)The use of the advance funds is adequately regulated by grant or budgetary controls.
(3)The request for application or the request for proposals contains the terms and conditions under which an advance payment may be received consistent with this section.
(4)The grantee is either a small district or the
grantee meets all of the following criteria:
(A)Has no outstanding financial audit findings related to any of the moneys eligible for advance payment and is in good standing with the Franchise Tax Board and Internal Revenue Service.
(B)Agrees to revert all unused moneys to the state if they are not liquidated within the timeline specified in the grant agreement.
(C)(i) Submits a spending plan to the state board for review prior to receiving the advance payment.
(ii) The spending plan shall include project schedules, timelines, milestones, and the grantee’s fund balance for all state grant programs.
(iii) The state board shall consider the available fund balance
when determining the amount of the advance payment.
(D)Reports to the state board any material changes to the spending plan within 30 days.
(5)In the event of the nonperformance of a grantee, the state board shall require the full recovery of the unspent moneys. A grantee shall provide a money transfer confirmation within 45 days upon the receipt of a notice from the state board.
(b)(1) A grantee may provide moneys from an advance payment to subrecipients in accordance with Section 11019.3 of the Government Code for purposes of reimbursement or advance payment pursuant to the grant program requirements or contract.
(2)For the purposes of this subdivision, both of the following apply:
(A)“Recipient entity,” as that term is defined in Section 11019.3 of the Government Code, also includes a local agency or a nongovernmental entity.
(B)If the subrecipient is a local agency or a nongovernmental entity, other than a private, nonprofit organization, the subrecipient shall not be subject to the requirements of clause (iii) of subparagraph (A) of paragraph (2) of subdivision (c) of Government Code Section 11019.3, but instead shall demonstrate good standing with the United States Internal Revenue Service.
(c)The state board, in consultation with the Department of Finance, shall adopt a regulation implementing this section to ensure the moneys are used properly.
Amended by Stats. 2004, Ch. 644, Sec. 13. Effective January 1, 2005.
(a)The state board shall post on its Web site, at a minimum by January 1 of each odd-numbered year, information on air quality conditions and trends statewide and on the status and effectiveness of state and local air quality programs.
(b)The data shall include, but not be limited to, all of the following:
(1)A review of air quality trends in each air basin over the most recent five-calendar-year period for which a complete data record is available.
(2)A statement of the number of violations of air quality standards that occurred in each air basin over the most recent two calendar years for which a complete data record is available, and a comparison of the number of violations to those in prior years.
(3)A listing of any changes in state ambient air quality standards adopted by the board over the previous two calendar years.
(4)A summary of the results of research projects concluded during the previous two years, the status of current research projects, and the conduct of the research program pursuant to Section 39703.
(5)A summary of any actions taken by the state board to assume the powers of districts under Section 39808.
(6)A summary of the effects of any significant federal actions over the previous two years that have affected state air quality or air quality programs.
(7)A summary of the status of the state implementation plan for achieving and maintaining ambient air quality standards.
(8)A summary of the state board’s actions in the previous two calendar years to control toxic air pollutants pursuant to Chapter 3.5 (commencing with Section 39650).
(9)A summary of actions of the state board in controlling emissions from motor vehicles during the previous two-year period.
(10)A summary of significant actions taken by districts to control emissions from nonvehicular sources during the previous two-year period. This summary shall not include a district by district analysis for each district in the state, but shall include an overall analysis.
Amended by Stats. 1981, Ch. 700.
To carry out the purposes of this division, the state board may:
(a)Provide any assistance to any district.
(b)Require any district to provide requested information utilized in the normal operation of the district or required by a state or federal statute or regulation.
(c)Hold public hearings.
(d)May accept assistance, financial and otherwise, from any public entity.
Amended by Stats. 1999, Ch. 731, Sec. 3. Effective January 1, 2000.
(a)The state board shall do both of the following:
(1)Based upon similar meteorological and geographic conditions and consideration for political boundary lines whenever practicable, divide the state into air basins to fulfill the purposes of this division.
(2)Adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. These standards may vary from one air basin to another. Standards relating to health effects shall be based upon the recommendations of the Office of Environmental Health Hazard Assessment.
(b)In its recommendations for submission to the state board pursuant to paragraph (2) of subdivision (a), the Office of Environmental Health Hazard Assessment, to the extent that information is available, shall assess the following:
(1)Exposure patterns, including, but not limited to, patterns determined by relevant data supplied by the state board, among infants and children that are likely to result in disproportionately high exposure to ambient air pollutants in comparison to the general population.
(2)Special susceptibility of infants and children to ambient air pollutants in comparison to the general population.
(3)The effects on infants and children of exposure to ambient air pollutants and other substances that have a common mechanism of toxicity.
(4)The interaction of multiple air pollutants on infants and children, including the interaction between criteria air pollutants and toxic air contaminants.
(c)In assessing the factors specified in subdivision (b), the office shall use current principles, practices, and methods used by public health professionals who are experienced practitioners in the field of human health effects assessment. The scientific basis or scientific portion of the method used by the office to assess the factors set forth in subdivision (b) shall be subject to peer review as described in Section 57004 or in a manner consistent with the peer review requirements of Section 57004. Any person may submit any information for consideration by the entity conducting the peer review, which may receive oral testimony.
(d)(1)
No later than December 31, 2000, the state board in consultation with the office, shall review all existing health-based ambient air quality standards to determine whether, based on public health, scientific literature, and exposure pattern data, the standards adequately protect the health of the public, including infants and children, with an adequate margin of safety. The state board shall publish a report summarizing these findings.
(2)The state board shall revise the highest priority ambient air quality standard determined to be inadequate to protect infants and children with an adequate margin of safety, based on its report, no later than December 31, 2002. Following the revision of the highest priority standard, the state board shall revise any additional standards determined to be inadequate to protect infants and children with an adequate margin of safety, at the rate of at least one per year. The standards shall be established at levels that adequately protect the health of the public, including infants and children, with an adequate margin of safety.
(e)Nothing in this section shall restrict the authority of the state board to consider additional information in establishing ambient air quality standards or to adopt an ambient air quality standard designed to protect vulnerable populations other than infants and children.
Added by Stats. 1995, Ch. 113, Sec. 1. Effective January 1, 1996.
(a)On or before January 1, 1997, the state board shall adopt regulations to designate, and determine the boundaries of, an air basin known as the Mojave Desert Air Basin. The air basin shall have a territory that is based upon similar meteorological and geographical conditions and consideration for political boundary lines. The air basin shall consist of at least all of the following:
(1)The desert portions of Los Angeles County that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin.
(2)The desert portions of Kern County that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin.
(3)Any portion of the Mojave Desert Air Quality Management District that, immediately prior to the date of the adoption of the regulations, was within the Southeast Desert Air Basin.
(4)Any other area contiguous to the areas indicated in paragraphs (1) to (3), inclusive, that the state board determines by a preponderance of the evidence is appropriate for inclusion.
(b)Areas that, immediately prior to the date of the adoption of the regulations, were within the Southeast Desert Air Basin and are not included in the Mojave Desert Air Basin shall remain in the Southeast Desert Air Basin, subject to Section 39606.
Amended by Stats. 2018, Ch. 371, Sec. 1. (AB 2195) Effective January 1, 2019.
The state board shall:
(a)Establish a program to secure data on air quality in each air basin established by the state board.
(b)(1) Inventory sources of air pollution within the air basins of the state and determine the kinds and quantity of air pollutants, including, but not limited to, the contribution of natural sources, mobile sources, and area sources of emissions, including a separate identification of those sources not subject to district permit requirements, to the extent feasible and necessary to carry out the purposes of this chapter. The state board shall use, to the fullest extent, the data of local agencies and other state and federal agencies in fulfilling this purpose.
(2)Make available on the state board’s Internet Web site the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants throughout the state broken down to a local and subcounty level for stationary sources and to at least a county level for mobile sources. The emissions reported shall include data on the emissions of criteria air pollutants and toxic air contaminants emitted by stationary sources as provided to the state board by districts. The information shall be displayed graphically and updated at least once a year.
(3)(A) Quantify and publish annually, commencing January 1, 2020, and based on the best available science and information, the amount of greenhouse gas emissions, expressed in metric tons of carbon dioxide equivalents, resulting from the loss or release of uncombusted natural gas to the atmosphere and emissions from
natural gas flares during all processes associated with the production, processing, and transporting of natural gas that is imported into the state from out-of-state sources.
(B)Nothing in this paragraph shall be interpreted as expanding, contracting, or otherwise altering other requirements for greenhouse gas emissions reporting by sources or categories of sources or for the statewide greenhouse gas emissions limit.
(c)Monitor air pollutants in cooperation with districts and with other agencies to fulfill the purpose of this division.
(d)Adopt test procedures to measure compliance with its nonvehicular emission standards and those of districts.
(e)Establish and periodically review criteria for designating an air basin attainment or nonattainment
for any state ambient air quality standard set forth in Section 70200 of Title 17 of the California Code of Regulations. In developing and reviewing these criteria, the state board shall consider instances where there is poor or limited ambient air quality data, and shall consider highly irregular or infrequent violations. The state board shall provide an opportunity for public comment on the proposed criteria, and shall adopt the criteria after a public hearing.
(f)Evaluate, in consultation with the districts and other interested parties, air quality-related indicators that may be used to measure or estimate progress in the attainment of state standards and establish a list of approved indicators. On or before July 1, 1993, the state board shall identify one or more air quality indicators to be used by districts in assessing progress as required by subdivision (b) of Section 40924. The state board shall continue to evaluate the prospective
application of air quality indicators and, upon a finding that adequate air quality modeling capability exists, shall identify one or more indicators that may be used by districts in lieu of the annual emission reductions mandated by subdivision (a) of Section 40914. In no case shall any indicator be less stringent or less protective, on the basis of overall health protection, than the annual emission reduction requirement in subdivision (a) of Section 40914.
(g)Establish, not later than July 1, 1996, a uniform methodology that may be used by districts in assessing population exposure, including, but not limited to, reduction in exposure of districtwide subpopulations, such as children, the elderly, and persons with respiratory disease, to ambient air pollutants at levels above the state ambient air quality standards, for estimating reductions in population exposure for the purposes of Sections 40913, 40924, and 41503, and for the
establishment of the means by which reductions in population exposures may be achieved. The methodology adopted pursuant to this subdivision shall be consistent with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division, including, but not limited to, Section 39610.
Added by Stats. 2017, Ch. 136, Sec. 1. (AB 617) Effective January 1, 2018.
(a)For purposes of this section, the following definitions apply:
(1)“Nonattainment pollutant” means a criteria pollutant for which a district is classified as a nonattainment area pursuant to this division or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(2)“Stationary source” means any of the following:
(A)A facility that is required to report to the state board the facility’s greenhouse gas emissions pursuant to Section 38530.
(B)A facility that is authorized by a permit
issued by a district to emit 250 or more tons per year of any nonattainment pollutant or its precursors.
(C)A facility that receives an elevated prioritization score based on cancer or noncancer health impacts pursuant to Section 44360.
(b)(1) The state board, in consultation with districts, shall establish a uniform statewide system of annual reporting of emissions of criteria pollutants and toxic air contaminants for a stationary source.
(2)The state board shall require a stationary source to report to the state board its annual emissions of criteria pollutants and toxic air contaminants using the uniform statewide system of annual reporting developed pursuant to paragraph (1).
(c)With the report required pursuant to paragraph (2) of subdivision (b), the state board may require, as appropriate, a stationary source to provide relevant facility-level emissions data.
(d)The state board may require, as appropriate, a stationary source to verify or certify the accuracy of its annual emissions reports by a third-party verifier or certifier that is accredited by the state board.
Added by Stats. 1996, Ch. 763, Sec. 1. Effective January 1, 1997.
(a)The state board shall, not later than January 1, 1998, and triennially thereafter, approve, following a public hearing, an update to the emission inventory required by subdivision (b) of Section 39607.
(b)Each inventory update shall include all of the following:
(1)The state board’s and each district’s best estimates of emissions from all sources, including, but not limited to, motor vehicles, nonroad mobile sources, stationary sources, areawide sources, and biogenic sources.
(2)A detailed verification of source category emission rate data with available scientific data, including, but not limited to, actual measurements of pollutants in the atmosphere, and an explanation of any discrepancies.
(3)An update to a mobile source emission inventory for any air quality attainment plan required by the federal Clean Air Act (42 U.S.C.A. Sec. 7401 et seq.) or this division, that considers all available information regarding current and projected vehicle miles traveled, vehicle trips, demographics, and other nontechnological factors affecting the mobile source emission inventory, and bases the mobile source emission inventory upon the best information available to achieve compliance.
(c)Any emission inventory update approved on or after January 1, 1997, shall comply with this section.
(d)The Legislature hereby finds and declares that it is in the interests of the state that air quality plans be based on accurate emission inventories. Inaccurate inventories that do not reflect the actual emissions into the air can lead to misdirected air quality control measures, resulting in delayed attainment of standards and unnecessary and significant costs.
Added by Stats. 2006, Ch. 77, Sec. 43. Effective July 18, 2006.
On and after January 1, 2007, as part of its responsibilities under Section 39607, and in order to streamline, consolidate, and unify the inventory of air emissions under one agency in state government, the state board shall prepare, adopt, and update the inventory formerly required to be adopted and updated by the State Energy Resources Conservation and Development Commission pursuant to Chapter 8.5 (commencing with Section 25730) of Division 15 of the Public Resources Code.
Amended by Stats. 2006, Ch. 851, Sec. 1. Effective January 1, 2007.
(a)The state board shall develop, and adopt in a public hearing, a methodology for use by districts to calculate the value of credits issued for emission reductions from stationary, mobile, indirect, and areawide sources, including those issued under market-based incentive programs, when those credits are used interchangeably.
(b)In developing the methodology, the state board shall do all of the following:
(1)Ensure that the methodology results in the maintenance and improvement of air quality consistent with this division.
(2)Allow those credits to be used in a market-based incentive program adopted pursuant to Section 39616 that requires annual reductions in emissions through declining annual allocations, and allow the use of all of those credits, including those from a market-based incentive program, to meet other stationary or mobile source requirements that do not expressly prohibit that use.
(3)Ensure that the methodology does not do any of the following:
(A)Result in the crediting of air emissions that already have been identified as emission reductions necessary to achieve state and federal ambient air quality standards.
(B)Provide for an additional discount of credits solely as a result of emission reduction credits trading if a district already has discounted the credit as part of its process of identifying and granting those credits to sources.
(C)Otherwise provide for double-counting emission reductions.
(4)Consult with, and consider the suggestions of, the public and all interested parties, including, but not limited to, the California Air Pollution Control Officers Association and all affected regulated entities.
(5)Ensure that any credits, whether they are derived from stationary, mobile, indirect, or areawide sources, shall be permanent, enforceable, quantifiable, and surplus.
(6)Ensure that any credits derived from a market-based incentive program adopted pursuant to Section 39616 are permanent, enforceable, quantifiable, and are in addition to any required controls, unless those credits otherwise comply with paragraph (2).
(7)Consider all of the following factors:
(A)How long credits should be valid.
(B)Whether, and which, banking opportunities may exist for credits.
(C)How to provide flexibility to sources seeking to use credits so that they remain interchangeable and negotiable until used.
(D)How to ensure a viable trading process for sources wishing to trade credits consistent with this section.
(E)How to ensure that, if credits may be used within and between adjacent districts or air basins where sources are in proximity to one another, the use occurs while maintaining and improving air quality in both districts or air basins.
(c)If necessary, the state board shall periodically update the methodology as it applies to future transactions. The state board’s environmental justice advisory committee shall review each updated methodology.
(d)The state board shall periodically review each district’s emission reduction and credit trading programs to ensure that the programs comply with the methodology developed pursuant to this section.
(e)The state board shall post on its Web site, at a minimum by January 1 each year, actions taken by the state board to implement this section.
Amended by Stats. 1990, Ch. 932, Sec. 1.
(a)The state board, in consultation with the districts, shall identify, pursuant to subdivision (e) of Section 39607, and classify each air basin which is in attainment and each air basin which is in nonattainment for any state ambient air quality standard. This identification and classification shall be made on a pollutant-by-pollutant basis. Where the state board finds that data is not sufficient to determine the attainment or nonattainment status for an air basin, the state board shall identify the air basin as unclassified.
(b)The state board may assign an attainment, nonattainment, or unclassified designation to one or more areas within any air basin unless the state board finds and determines that the pollutant for which the designation applies affects the entire region or is produced by emission sources throughout the region.
(c)Designations made by the state board shall be reviewed annually and updated as new information becomes available.
Amended by Stats. 1992, Ch. 945, Sec. 2. Effective January 1, 1993.
On or before December 31, 1989, and at least every three years thereafter, the state board shall complete a study on the feasibility of employing air quality models and other analytical techniques to distinguish between emission control measures on the basis of their relative ambient air quality impact. As part of this study, the state board shall determine whether adequate modeling capability exists to support the use of air quality indicators or alternative measures of progress as specified in subdivision (f) of Section 39607 and Section 40914. The state board shall consult with districts and affected groups in conducting this study, and, after a public hearing, shall prepare and transmit its findings to each district for its use in developing plans pursuant to Chapter 10 (commencing with Section 40910).
Amended by Stats. 1994, Ch. 512, Sec. 1. Effective January 1, 1995.
(a)Not later than December 31, 1989, the state board shall identify each air basin, or subregion thereof, in which transported air pollutants from upwind areas outside the air basin, or subregion thereof, cause or contribute to a violation of the state ambient air quality standard for ozone, and shall identify the district of origin of the transported air pollutants based upon the preponderance of available evidence. The state board shall identify and determine the priorities of information and studies needed to make a more accurate determination, including, but not limited to, emission inventories, pollutant characterization, ambient air monitoring, and air quality models.
(b)The state board shall, in cooperation with the districts, assess the relative contribution of upwind emissions to downwind ozone ambient air pollutant levels to the extent permitted by available data, and shall establish mitigation requirements commensurate with the level of contribution. In assessing the relative contribution of upwind emissions to downwind ozone ambient air pollutant levels, the state board shall determine if the contribution level of transported air pollutants is overwhelming, significant, inconsequential, or some combination thereof. Any determination by the state board shall be based upon a preponderance of the available evidence.
(c)The state board shall make every reasonable effort to supply air pollutant transport information to heavily impacted districts prior to the development of plans to attain the state ambient air quality standards, shall consult with affected upwind and downwind districts, and shall adopt its findings at a public hearing.
(d)The state board shall review and update its transport analysis at least once every three years.
(e)The state board shall conduct appropriate studies to carry out its responsibilities under this section.
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