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SB-1728 Air pollution: variance.(1991-1992)

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Senate Bill No. 1728
CHAPTER 1025

An act to amend Section 42352 of the Health and Safety Code, relating to air pollution.

[ Filed with Secretary of State  September 29, 1992. Approved by Governor  September 27, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1728, Cecil Green. Air pollution: variance.
(1)  Existing law requires the hearing board of an air pollution control district or air quality management district to make certain findings before granting a variance.
This bill would, where the petitioner is a public agency, require the hearing board to consider, in making those findings, whether requiring immediate compliance would impose an unreasonable burden upon an essential public service, as defined. This requirement on the hearing board would impose a state-mandated local program. (2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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


SECTION 1.

 Section 42352 of the Health and Safety Code is amended to read:

42352.
 (a)  No variance shall be granted unless the hearing board makes all of the following findings:
(1)  That the petitioner for a variance is, or will be, in violation of Section 41701 or of any rule, regulation, or order of the district.
(2)  That, due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. In making those findings where the petitioner is a public agency, the hearing board shall consider whether or not requiring immediate compliance would impose an unreasonable burden upon an essential public service. For purposes of this paragraph, “essential public service” means a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, or water delivery operation, if owned and operated by a public agency.
(3)  That the closing or taking would be without a corresponding benefit in reducing air contaminants.
(4)  That the applicant for the variance has given consideration to curtailing operations of the source in lieu of obtaining a variance.
(5)  During the period the variance is in effect, that the applicant will reduce excess emissions to the maximum extent feasible.
(6)  During the period the variance is in effect, that the applicant will monitor or otherwise quantify emission levels from the source, if requested to do so by the district, and report these emission levels to the district pursuant to a schedule established by the district.
(b)  As used in this section, “public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.