California 2011 2011-2012 Regular Session

California Senate Bill SB170 Amended / Bill

Filed 03/16/2011

 BILL NUMBER: SB 170AMENDED BILL TEXT AMENDED IN SENATE MARCH 16, 2011 INTRODUCED BY Senator Pavley FEBRUARY 3, 2011 An act to add Sections  40453 and 40542   40004 and 40005  to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST SB 170, as amended, Pavley.  South Coast Air Quality Management District:   Air pollution control district:  adverse effects of air pollution: intellectual property. Existing law  creates the South Coast Air Quality Management District with jurisdiction over air quality within the South Coast Air Basin, including in the Counties of Los Angeles, Orange, Riverside, and San Bernardino   authorizes local and regional districts with jurisdiction over the control of air pollution from all sources, other than emissions from motor vehicles  . This bill would authorize the  south coast district   districts  to sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. The bill would authorize  the south coast district   a district  to  determine   negotiate  what share, if any, of the intellectual property, or benefits resulting from intellectual property, developed from the use of district funds, including funds discharged as grants, will accrue to  the south coast   that  district.  The bill would require revenues generated to be deposited into a special account and used for specified purposes. If the state or a subdivision of the state purchases or licenses a good, service, or process for which a district accrues benefit resulting from the intellectual property interest, the bill would require the district, upon the request of the Department of General Services, to provide reimbursement to the General Fund for the amount of the benefit accrued.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section  40453   40004  is added to the Health and Safety Code, to read:  40453. The south coast   40004.   A  district may sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. SEC. 2. Section  40542   40005  is added to the Health and Safety Code, to read:  40542. The south coast district may determine   40005.   (a)     A district may negotiate  what share, if any, of the intellectual property, or benefits resulting from intellectual property, developed from the use of district funds, including funds discharged as grants, will accrue to  the south coast   that  district.  The south coast   (b)     A  district may negotiate revenue sharing agreements with recipients of  south coast  district funds, including the collection of royalties. Proceeds obtained by the district from these revenue sharing agreements shall  be used for purposes authorized by this chapter.   accrue to the district and be deposited into a special account that may only be used, subject to the district's ability to recover its expenses and its administrative costs, for either of the following purposes:   (1) To fund projects pursuant to Section 40004 that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution.   (2) To develop low-polluting fuels or technologies.   (c) If the state or a subdivision of the state purchases or licenses a good, service, or process for which a district accrues a benefit resulting from an intellectual property interest negotiated pursuant to subdivision (a) or (b), upon the request of the Department of General Services, the district shall prepare reimbursement to the General Fund for the amount of the benefit accrued.