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AB-1132 Nonvehicular air pollution: order for abatement.(2017-2018)

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Date Published: 04/24/2017 02:20 PM
AB1132:v98#DOCUMENT

Amended  IN  Assembly  April 24, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1132


Introduced by Assembly Member Cristina Garcia

February 17, 2017


An act to add Section 42451.5 to the Health and Safety Code, relating to nonvehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1132, as amended, Cristina Garcia. Nonvehicular air pollution: order of for abatement.
Existing law regulates the emission of air pollutants by stationary sources and authorizes the regional air quality management districts and air pollution control districts (air districts) to enforce those requirements. Existing law authorizes the governing boards and the hearing boards of air districts to issue an order for abatement, after notice and a hearing, whenever they find a violation of those requirements.
This bill would authorize the air pollution control officer, if he or she determines that a person has violated those requirements and the violation presents an imminent and substantial endangerment to the public health or welfare, or the environment, finds that any person is causing an imminent and substantial endangerment to the public health or welfare, or the environment, by violating those requirements, to issue an interim order for abatement pending a hearing before the hearing board of the air district. The bill would require the air pollution control officer to notify the alleged violator of the order and would establish a procedure for a postorder hearing.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 42451.5 is added to the Health and Safety Code, to read:

42451.5.
 (a) If the air pollution control officer determines that a person is The air pollution control officer may issue an interim order for abatement, pending a hearing pursuant to Section 42451, if the air pollution control officer finds that any person is causing an imminent and substantial endangerment to the public health or welfare, or the environment, by constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or is in violation of by violating Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air and that the violation presents an imminent and substantial endangerment to the public health or welfare, or the environment, the air pollution control officer may issue an order for abatement to the person pending a hearing pursuant to Section 42450. air. The order shall be effective upon the notification of the person of the issuance of the order. In notifying the person, the air pollution control officer shall also provide that person with an accusation specifying the grounds on which the order is issued and procedures by which the person may challenge the order.
(b) Upon receipt by the air district of a notice of defense to the accusation from the person, the air district shall, within 15 days, set the matter for a hearing pursuant to this article, which shall be held as soon as possible, but not later than 30 days after the receipt of the notice.
(c) The order shall remain in effect until the hearing is completed and the hearing board has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the order shall be of no further effect.