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SB-563 Air pollution control districts and air quality management districts: dependent and independent special districts: funding.(2023-2024)



Current Version: 05/01/23 - Amended Senate

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SB563:v98#DOCUMENT

Amended  IN  Senate  May 01, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 563

Introduced by Senator Archuleta

February 15, 2023

An act to amend Section 40701.5 of the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 563, as amended, Archuleta. Air pollution control districts and air quality management districts: dependent and independent special districts: funding.
Existing law provides for the establishment of air pollution control districts and air quality management districts. Existing law declares a district a body corporate and politic and a public agency of the state, and prescribes the general powers and duties of a district. Existing law authorizes a district to receive funding from specified sources, including, but not limited to, grants, permit fees, and penalties. Existing law also defines dependent special districts and independent special districts for purposes of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
This bill would designate a district as an independent a special district for purposes of receiving state funds or funds disbursed by the state, including federal funds. The bill would also require, if eligibility for funds requires a district to be considered either a dependent or an independent special district, the entity distributing those funds to use the definitions for those terms set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, as specified, to determine eligibility.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 40701.5 of the Health and Safety Code is amended to read:

40701.5.
 (a) Funding for a district may be provided by, but is not limited to, any one or any combination of the following sources:
(1) Grants.
(2) Subventions.
(3) Permit fees.
(4) Penalties.
(5) A surcharge or fee pursuant to Section 41081 or 44223 on motor vehicles registered in the district.
(b) Expenses of a district that are not met by the funding sources identified in subdivision (a) shall be provided by an annual per capita assessment on those cities that have agreed to have a member on the district board for purposes of Section 40100.5, 40100.6, 40152, 40322.5, 40704.5, or 40980 and on the county or counties included within the district. Any annual per capita assessment imposed by the district on those cities and counties included within the district shall be imposed on an equitable per capita basis.
(c) Subdivision (b) does not apply to the San Joaquin Valley Unified Air Pollution Control District or, if that unified district ceases to exist, the San Joaquin Valley Air Quality Management District, if that district is created.
(d) (1) Notwithstanding subdivision (b), expenses of the San Diego County Air Pollution Control District that are not met by the funding sources identified in subdivision (a) shall be provided by an annual per capita assessment imposed on an equitable per capita basis on each city and county included in the San Diego County Air Pollution Control District by the governing board of the San Diego County Air Pollution Control District created pursuant to Section 40100.6.
(2) At least 30 days before the assessment is imposed, the governing board shall hold a public hearing which shall include data supporting the annual per capita assessment and any schedule that may apply.
(e) (1) Notwithstanding any other law, a district shall be deemed an independent a special district for purposes of receiving state funds or funds disbursed by the state, including federal funds. For purposes of this subdivision, “funds” includes, but is not limited to, moneys, loans, grants, financial incentives, and other economic benefits.
(2) Notwithstanding Section 56036 of the Government Code, if eligibility for funds requires a district to be considered either a dependent or an independent special district, the entity distributing those funds shall use the definitions for those terms set forth in Sections 56032.5 and 56044 of the Government Code, without regard to the exclusion of an air pollution control district or an air quality maintenance district from those definitions, to determine a district’s eligibility for those funds.