CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 629Introduced by Senator McGuireFebruary 22, 2019 An act to amend Section 40824 of the Health and Safety Code, relating to nonvehicular pollution. LEGISLATIVE COUNSEL'S DIGESTSB 629, as introduced, McGuire. Air districts: hearing boards: notice requirements.Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board is designated with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.Existing law establishes one or more hearing boards in each district for the purposes of performing specified functions, including, among others, issuing specified interim variances. The hearing board is required to serve reasonable notice of the time and place of the hearing to consider an interim variance application upon the district air pollution control officer and the applicant.The Ralph M. Brown Act requires a legislative body of a local agency, at least 72 hours before a regular meeting, to post an agenda containing, among other things, information on the time and location of the meeting. The act requires the body, upon the request of a person, to mail the agenda to the person at the time the agenda is posted.This bill would require a hearing board to send a notice of the hearing not less than 72 hours before the hearing to any person who requests the notice, thereby making changes to conform the notice provisions with the notice provisions of the act. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 40824 of the Health and Safety Code is amended to read:40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.(b) Subdivision (b) of Section 40823 shall not apply.(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 629Introduced by Senator McGuireFebruary 22, 2019 An act to amend Section 40824 of the Health and Safety Code, relating to nonvehicular pollution. LEGISLATIVE COUNSEL'S DIGESTSB 629, as introduced, McGuire. Air districts: hearing boards: notice requirements.Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board is designated with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.Existing law establishes one or more hearing boards in each district for the purposes of performing specified functions, including, among others, issuing specified interim variances. The hearing board is required to serve reasonable notice of the time and place of the hearing to consider an interim variance application upon the district air pollution control officer and the applicant.The Ralph M. Brown Act requires a legislative body of a local agency, at least 72 hours before a regular meeting, to post an agenda containing, among other things, information on the time and location of the meeting. The act requires the body, upon the request of a person, to mail the agenda to the person at the time the agenda is posted.This bill would require a hearing board to send a notice of the hearing not less than 72 hours before the hearing to any person who requests the notice, thereby making changes to conform the notice provisions with the notice provisions of the act. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 629
Introduced by Senator McGuireFebruary 22, 2019
Introduced by Senator McGuire
February 22, 2019
An act to amend Section 40824 of the Health and Safety Code, relating to nonvehicular pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 629, as introduced, McGuire. Air districts: hearing boards: notice requirements.
Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board is designated with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.Existing law establishes one or more hearing boards in each district for the purposes of performing specified functions, including, among others, issuing specified interim variances. The hearing board is required to serve reasonable notice of the time and place of the hearing to consider an interim variance application upon the district air pollution control officer and the applicant.The Ralph M. Brown Act requires a legislative body of a local agency, at least 72 hours before a regular meeting, to post an agenda containing, among other things, information on the time and location of the meeting. The act requires the body, upon the request of a person, to mail the agenda to the person at the time the agenda is posted.This bill would require a hearing board to send a notice of the hearing not less than 72 hours before the hearing to any person who requests the notice, thereby making changes to conform the notice provisions with the notice provisions of the act.
Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board is designated with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.
Existing law establishes one or more hearing boards in each district for the purposes of performing specified functions, including, among others, issuing specified interim variances. The hearing board is required to serve reasonable notice of the time and place of the hearing to consider an interim variance application upon the district air pollution control officer and the applicant.
The Ralph M. Brown Act requires a legislative body of a local agency, at least 72 hours before a regular meeting, to post an agenda containing, among other things, information on the time and location of the meeting. The act requires the body, upon the request of a person, to mail the agenda to the person at the time the agenda is posted.
This bill would require a hearing board to send a notice of the hearing not less than 72 hours before the hearing to any person who requests the notice, thereby making changes to conform the notice provisions with the notice provisions of the act.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 40824 of the Health and Safety Code is amended to read:40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.(b) Subdivision (b) of Section 40823 shall not apply.(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
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 40824 of the Health and Safety Code is amended to read:40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.(b) Subdivision (b) of Section 40823 shall not apply.(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
SECTION 1. Section 40824 of the Health and Safety Code is amended to read:
### SECTION 1.
40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.(b) Subdivision (b) of Section 40823 shall not apply.(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.(b) Subdivision (b) of Section 40823 shall not apply.(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.(b) Subdivision (b) of Section 40823 shall not apply.(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.
40824. In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:
(a) (1) The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.
(2) The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.
(b) Subdivision (b) of Section 40823 shall not apply.
(c) In districts with a population of less than 750,000, the chairperson chair of the hearing board, or any other member of the hearing board designated by the board, may hear an application for an interim variance. If any a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.