BILL NUMBER: SB 1224ENROLLED BILL TEXT PASSED THE SENATE MAY 24, 2010 PASSED THE ASSEMBLY AUGUST 17, 2010 AMENDED IN SENATE MAY 10, 2010 AMENDED IN SENATE APRIL 15, 2010 AMENDED IN SENATE MARCH 25, 2010 INTRODUCED BY Senator Wright FEBRUARY 18, 2010 An act to amend, repeal, and add Section 41700 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST SB 1224, Wright. Air discharges. Existing law provides that, except as specified, a person is prohibited from discharging air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause injury or damage to business or property, as provided. This bill, until January 1, 2014, would authorize a local air pollution control district or air quality management district to adopt a rule or regulation, consistent with protecting the public's comfort, repose, health, and safety, and not causing injury, detriment, nuisance, or annoyance, that ensures district staff and resources are not used to investigate complaints determined to be repeated and unsubstantiated, alleging a nuisance odor violation of that discharge prohibition. If a district adopts such a rule or regulation, the bill would require the district to submit the rule or regulation to the Senate Committee on Environmental Quality and the Assembly Committee on Natural Resources within 30 days of adopting the rule or regulation. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 41700 of the Health and Safety Code is amended to read: 41700. (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property. (b) (1) A district may adopt a rule or regulation, consistent with protecting the public's comfort, repose, health, and safety, and not causing injury, detriment, nuisance, or annoyance, that ensures district staff and resources are not used to investigate complaints determined to be repeated and unsubstantiated, alleging a nuisance odor violation of subdivision (a). (2) If a district adopts a rule or regulation pursuant to paragraph (1), the district shall submit the rule or regulation to the Senate Committee on Environmental Quality and the Assembly Committee on Natural Resources within 30 days of adopting the rule or regulation. (c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date. SEC. 2. Section 41700 is added to the Health and Safety Code, to read: 41700. (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property. (b) This section shall become operative on January 1, 2014.