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



Current Version: 08/07/17 - Chaptered        


AB1132:v94#DOCUMENT

Assembly Bill No. 1132
CHAPTER 171

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

[ Approved by Governor  August 07, 2017. Filed with Secretary of State  August 07, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1132, Cristina Garcia. Nonvehicular air pollution: order 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 an abatement hearing, whenever they find a violation of those requirements.
This bill would authorize an air pollution control officer, if the officer 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 an abatement hearing before the hearing board of the air district. The bill would require the officer, before issuing the interim order, to make reasonable efforts to meet and confer with the person and make a good faith effort to agree with the person on a stipulated interim order. The bill would require the officer to notify the person of issuance of an interim order or stipulated interim order and provide the person with an accusation stating the grounds for the order and procedures for challenging the order. The bill would require the air district to schedule an abatement hearing upon receipt of a defense to the accusation. The bill would provide for the interim order to expire or to be rescinded or vacated pending final resolution of the abatement hearing, as specified.
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) 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 by violating Section 41700 or 41701 or any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air. An interim order under this subdivision or subdivision (b) 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 the person with an accusation specifying the grounds on which the order is issued and procedures by which the person may challenge the order.
(b) Before issuing an interim order, the air pollution control officer shall make reasonable efforts to meet and confer with the person regarding the imminent and substantial endangerment findings and make a good faith effort to agree on a stipulated interim order. The person may offer, for the air pollution control officer’s consideration, any proposed alternative air pollution control measures that will prevent further imminent and substantial endangerment.
(c) Upon receipt by the district of a notice of defense to the accusation from the person, the district shall, within 3 business days, set the matter for a hearing pursuant to this article, which shall be held and completed as soon as possible, but not later than 30 days after the receipt of the notice. If the hearing is not completed within this 30-day period, the interim order shall be rescinded unless the hearing has already commenced and the hearing board has made a preliminary determination that there is substantial evidence that an imminent and substantial endangerment to the public health or welfare, or the environment, still exists.
(d) Except as provided in subdivisions (c), (e), and (f), an interim order shall remain in effect until the hearing board has made a final determination on the merits, which shall be as soon as possible, but not later than 14 days after the completion of the hearing. If the determination is not transmitted within this period, the order shall be of no further effect.
(e) The air pollution control officer shall rescind an interim order if he or she finds that the order is no longer necessary.
(f) The hearing board shall vacate an interim order at any time after the hearing has commenced if it finds that an imminent and substantial endangerment to the public health or welfare, or the environment, does not exist or no longer exists. Nothing in this subdivision shall preclude the air pollution control officer from continuing to seek an order for abatement from the hearing board.
(g) The air pollution control officer shall not delegate the authority provided by this section. If the air pollution control officer is unavailable or absent, the person designated to serve as the air pollution control officer under those circumstances may exercise the authority provided by this section, which shall not be delegated by that person.
(h) Matters under this section shall be considered and concluded with all due expedience.