BILL NUMBER: SB 382INTRODUCED BILL TEXT 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 introduced, 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 is invalid on days in which the San Joaquin Valley Unified Air Pollution Control 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 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. 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 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 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.