California 2017 2017-2018 Regular Session

California Senate Bill SB41 Introduced / Bill

Filed 12/05/2016

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 41Introduced by Senator GalgianiDecember 05, 2016 An act to add Section 39601.1 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 41, as introduced, Galgiani. State Air Resources Board: regulations.Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. This bill would require the State Air Resources Board to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, if specified conditions are met.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 41Introduced by Senator GalgianiDecember 05, 2016 An act to add Section 39601.1 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 41, as introduced, Galgiani. State Air Resources Board: regulations.Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. This bill would require the State Air Resources Board to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, if specified conditions are met.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 41

Introduced by Senator GalgianiDecember 05, 2016

Introduced by Senator Galgiani
December 05, 2016

 An act to add Section 39601.1 to the Health and Safety Code, relating to air pollution. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 41, as introduced, Galgiani. State Air Resources Board: regulations.

Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. This bill would require the State Air Resources Board to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, if specified conditions are met.

Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. 

This bill would require the State Air Resources Board to deem a person, as defined, to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, would prohibit the state board from requiring a person to expend further moneys to achieve compliance with, or from seeking to enforce against that person, the applicable rules and regulations, if specified conditions are met.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation

SECTION 1. Section 39601.1 is added to the Health and Safety Code, to read:

### SECTION 1.

39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation

39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation

39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation



39601.1. (a) For purposes of this section, person has the same meaning as in Section 39047.

(b) A person shall be deemed to be in compliance with all applicable rules and regulations of the state board and, notwithstanding the inadequacy of any required equipment, technologies, or practices, the state board shall not require a person to expend further moneys to achieve compliance with, or otherwise seek to enforce against that person, the applicable rules and regulations if all of the following occur:

(1) The state board adopts a rule or regulation pursuant to statute that requires a person to comply with that rule or regulation by expending moneys on equipment, technologies, or practices.

(2) A person in fact expends moneys on equipment, technologies, or practices, including as part of any early compliance program provided for in the rule or regulation.

(3) The equipment, technologies, or practices have been approved by a state board verification or certification program, process, or procedure at the time of the expenditure.

(4) The equipment, technologies, or practices subsequently prove or are declared to be inadequate to achieve compliance with the rule or regulation