CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1235Introduced by Senator BorgeasFebruary 17, 2022 An act to add Section 41756 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 1235, as introduced, Borgeas. Air pollution: portable equipment: emergency events.Existing law authorizes local air pollution control and air quality management districts (air districts) to establish a permit system requiring that any person who builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance that may cause the issuance of air contaminants obtain a permit to ensure compliance with applicable air quality standards. Existing law requires the State Air Resources Board to establish, by regulation, an optional registration program for portable equipment that is, or may be, used in more than a single air district. Pursuant to this directive, the state board established the Portable Equipment Registration Program, which allows portable engines and equipment units to operate throughout the state without authorization or permits from air districts. The state boards regulations allow for the temporary operation of otherwise unregistered or unpermitted portable engines during an emergency event if certain conditions are met. The state boards regulations define emergency event as any situation arising from a sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.This bill would codify the state boards regulation authorizing portable equipment to be operated during an emergency event, as defined above, and would also authorize portable equipment to be operated during a public safety power shut-off event. The bill would define public safety power shut-off event, in part, as a planned power outage undertaken by an electrical corporation to reduce the risk of wildfires caused by utility equipment.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 41756 is added to the Health and Safety Code, to read:41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.(b) For purposes of this section, emergency event includes both of the following:(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1235Introduced by Senator BorgeasFebruary 17, 2022 An act to add Section 41756 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 1235, as introduced, Borgeas. Air pollution: portable equipment: emergency events.Existing law authorizes local air pollution control and air quality management districts (air districts) to establish a permit system requiring that any person who builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance that may cause the issuance of air contaminants obtain a permit to ensure compliance with applicable air quality standards. Existing law requires the State Air Resources Board to establish, by regulation, an optional registration program for portable equipment that is, or may be, used in more than a single air district. Pursuant to this directive, the state board established the Portable Equipment Registration Program, which allows portable engines and equipment units to operate throughout the state without authorization or permits from air districts. The state boards regulations allow for the temporary operation of otherwise unregistered or unpermitted portable engines during an emergency event if certain conditions are met. The state boards regulations define emergency event as any situation arising from a sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.This bill would codify the state boards regulation authorizing portable equipment to be operated during an emergency event, as defined above, and would also authorize portable equipment to be operated during a public safety power shut-off event. The bill would define public safety power shut-off event, in part, as a planned power outage undertaken by an electrical corporation to reduce the risk of wildfires caused by utility equipment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1235
Introduced by Senator BorgeasFebruary 17, 2022
Introduced by Senator Borgeas
February 17, 2022
An act to add Section 41756 to the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1235, as introduced, Borgeas. Air pollution: portable equipment: emergency events.
Existing law authorizes local air pollution control and air quality management districts (air districts) to establish a permit system requiring that any person who builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance that may cause the issuance of air contaminants obtain a permit to ensure compliance with applicable air quality standards. Existing law requires the State Air Resources Board to establish, by regulation, an optional registration program for portable equipment that is, or may be, used in more than a single air district. Pursuant to this directive, the state board established the Portable Equipment Registration Program, which allows portable engines and equipment units to operate throughout the state without authorization or permits from air districts. The state boards regulations allow for the temporary operation of otherwise unregistered or unpermitted portable engines during an emergency event if certain conditions are met. The state boards regulations define emergency event as any situation arising from a sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.This bill would codify the state boards regulation authorizing portable equipment to be operated during an emergency event, as defined above, and would also authorize portable equipment to be operated during a public safety power shut-off event. The bill would define public safety power shut-off event, in part, as a planned power outage undertaken by an electrical corporation to reduce the risk of wildfires caused by utility equipment.
Existing law authorizes local air pollution control and air quality management districts (air districts) to establish a permit system requiring that any person who builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance that may cause the issuance of air contaminants obtain a permit to ensure compliance with applicable air quality standards. Existing law requires the State Air Resources Board to establish, by regulation, an optional registration program for portable equipment that is, or may be, used in more than a single air district. Pursuant to this directive, the state board established the Portable Equipment Registration Program, which allows portable engines and equipment units to operate throughout the state without authorization or permits from air districts. The state boards regulations allow for the temporary operation of otherwise unregistered or unpermitted portable engines during an emergency event if certain conditions are met. The state boards regulations define emergency event as any situation arising from a sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.
This bill would codify the state boards regulation authorizing portable equipment to be operated during an emergency event, as defined above, and would also authorize portable equipment to be operated during a public safety power shut-off event. The bill would define public safety power shut-off event, in part, as a planned power outage undertaken by an electrical corporation to reduce the risk of wildfires caused by utility equipment.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 41756 is added to the Health and Safety Code, to read:41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.(b) For purposes of this section, emergency event includes both of the following:(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.
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 41756 is added to the Health and Safety Code, to read:41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.(b) For purposes of this section, emergency event includes both of the following:(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.
SECTION 1. Section 41756 is added to the Health and Safety Code, to read:
### SECTION 1.
41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.(b) For purposes of this section, emergency event includes both of the following:(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.
41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.(b) For purposes of this section, emergency event includes both of the following:(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.
41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.(b) For purposes of this section, emergency event includes both of the following:(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.
41756. (a) Notwithstanding any other law, portable equipment may be operated during an emergency event if the portable equipment, and the owner or operator of the portable equipment, complies with the requirements of subdivision (c) of Section 2455 of Title 13 of the California Code of Regulations.
(b) For purposes of this section, emergency event includes both of the following:
(1) An emergency event, as defined in subdivision (j) of Section 2452 of Title 13 of the California Code of Regulations.
(2) A public safety power shut-off event. For the purpose of this subdivision, public safety power shut-off event has the same meaning as deenergization event set forth in Section 351 of the Water Code.