40709.7.

 (a)  For the purposes of this section, “military base” means a military base that is designated for closure or downward realignment pursuant to the Defense Base Closure and Realignment Act of 1988 (P.L. 100-526) or the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Sec. 2687 et seq.).

(b)  For the purposes of this section, “base reuse authority” means the authority recognized pursuant to Section 65050 of the Government Code, as added by Assembly Bill 3755 of the 1993–94 Regular Session. If Assembly Bill 3755 is not enacted or does not recognize the authority, “base reuse authority” means the entity which shall be designated for purposes of this section by the California Defense Conversion Council established pursuant to Section 15346.3 of the Government Code.

(c)  An appropriate entity of the federal government may apply to the district for emission reduction credits that result from reduced emissions from a military base by June 1, 1995, or within 180 days of the reduction in emissions, whichever occurs later, if the federal government is eligible under district regulations to file and receive emission reduction credits on December 31, 1994.

(d)  Not later than July 1, 1995, or six months from the date that the base closure or realignment decision becomes final, whichever occurs last, the district shall request and attempt to obtain all records maintained by a military base that are necessary to quantify emission reductions, including, but not limited to, records on the operation of any equipment which emits air contaminants, provided that the district either waives the payment of direct costs to obtain the records or enters into an agreement with the appropriate entity of the federal government or the base reuse authority for the payment of the direct costs to obtain the records. The district shall maintain these records.

(e)  (1)  A base reuse authority may apply to a district, under the emission reductions banking system established pursuant to Section 40709, for any reductions in emissions related to the termination or reduction of operations at the military base under its jurisdiction.

(2)  The district shall quantify and bank the emission reductions for a closing or realigning military base within 180 days of a request by a base reuse authority and payment of any applicable fees, if one of the following events has occurred:

(A)  The federal government agrees in writing to allow the base reuse authority to apply for and receive the emission reduction credits.

(B)  The time period for the federal government to apply for emission reduction credits pursuant to subdivision (c) has expired and the federal government has not applied for the credits.

(C)  The base reuse authority has, pursuant to other legal means, obtained the authority to acquire the emission reduction credits.

(f)  The district shall permanently retire the emission reduction credits obtained pursuant to this section by 5 percent to improve air quality.

(g)  The baseline for quantifying emission reductions shall be the date that the base closure or realignment decision becomes final. The two-year period ending on the date that the base closure or realignment decision was made shall be used to determine average emissions from the military base unless this two-year period is not representative of normal operations, in which case an alternative, consecutive, two-year period which is within the five years prior to the baseline date may be used, as determined by the district.

(h)  After registration, certification, or other approval of the emission reductions by a district air pollution control officer pursuant to subdivision (a) of Section 40709 and this section, the base reuse authority shall be deemed the owner of the emissions source for purposes of the issuance of a certificate pursuant to Section 40710. Upon receipt of the certificate, or other approval, the base reuse authority may use, sell, or otherwise dispose of the emission reduction credits as determined by the base reuse authority, provided that the credits may only be used for base reuse within the jurisdiction of the district.

40913.

 (a)  Each district plan shall be designed to achieve and maintain the state standards by the earliest practicable date, as determined by the district and subject to the approval of the state board, and in consideration of all relevant factors, including, but not limited to, the following:

(1)  Present and projected maximum ambient pollutant concentration.

(2)  Distribution and frequency of violations.

(3)  Transport contributions.

(4)  Projected emission increases based on industrial, vehicular, or population growth.

(5)  Emission inventory characteristics.

(6)  Anticipated effectiveness of available and potential control measures.

(7)  Emission reductions occurring in, or expected to occur in, the district.

(8)  In districts where military bases have closed or are scheduled for closure, the reuse plans for the closing base.

(b)  Each district plan shall be based upon a determination by the district board that the plan is a cost-effective strategy to achieve attainment of the state standards by the earliest practicable date.