SB 675

Introduced by Senator Padilla
An act to amend, repeal, and add Sections 40100, 40100.5, and 40701.5 of, and to add Sections 40100.8 and 40100.8.5 to, the Health and Safety Code, relating to the Imperial County Air Pollution Control District.
the Imperial County Air Pollution Control District
Imperial County Air Pollution Control District: members and duties.
Existing law provides for the establishment of air pollution control districts and air quality management districts and prescribes the membership of the governing boards of air pollution control districts and air quality management districts. Those governing boards comprise combinations of mayors, city council members, and county supervisors, selected as prescribed, except for the governing board of the San Diego County Air Pollution Control District, which has a differently prescribed membership and certain specified duties.
This bill would, as of July 1, 2027, prescribe the membership of the governing board of the Imperial County Air Pollution Control District (air district) and prescribe many of those same duties as are required for the San Diego County Air Pollution Control District. In particular, the bill would
			 require the air district to appoint a specified liaison to consult with the United States Navy and the United States Marine Corps, as specified, and create and maintain an internet website providing access to specified information, including, among other information, the agendas and minutes of the governing board of the air district and all current and pending permit information and settled enforcement
			 actions. The bill would require the district, in establishing the internet website, to establish a process for permitholders that have sensitive operations to request that physical identifying information be redacted from the publicly posted information. The bill would require that air monitoring data be made available to the public on the internet website within a reasonable period of time, as specified, and would require the governing board of the district to establish an air monitoring data program, as provided. The bill would require the air district, by January 1, 2029,
			 to post all applications for an authority to construct or permit to
			 operate.
			 By requiring local governments to appoint members to the air district governing board in a specified manner and by adding to the duties of the air district, this bill would impose a state-mandated local program.
This bill would specify the continuing funding sources for the air district.
This bill would make certain provisions inoperative on July 1, 2027, and would repeal these provisions as of January 1, 2028.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial County Air Pollution Control District.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of
			 public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the
			 state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that the County of Imperial employees who currently work for the Imperial County Air Pollution Control District will not be affected by the governing board’s expansion and that their jobs will be safe.
SEC. 2.
Section 40100 of the
Health and Safety Code
 is amended to read:
40100.
(a) Except as provided in Sections 40100.5 and 40100.6, a county board of supervisors shall be ex officio the county district board of the county.
(b) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.
Section 40100 is added to the
Health and Safety Code
, to read:
40100.
(a) Except as provided in Sections 40100.5, 40100.6, and 40100.8, a county board of supervisors shall be ex officio the county district board of the county.
(b) This section shall become operative on July 1, 2027.
SEC. 4.
Section 40100.5 of the
Health and Safety Code
 is amended to read:
40100.5.
(a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.
(b) The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county and by a majority of the cities that contain a majority of the population in the incorporated area of the district.
(c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the
						variation of population between the cities in the district.
(d) (1) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating.
(2) In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to serve and vote in
						place of the member who is absent or is disqualified from participating.
(3) The members of the governing board who are county supervisors shall be selected by the county.
(e) (1) This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994.
(2) The membership of the governing board for the San Diego County Air Pollution Control District shall be determined pursuant to Section 40100.6.
(f) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall
						be determined as follows:
(1) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.
(2) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.
(3) The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision (d).
(4) For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.
(g) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 5.
Section 40100.5 is added to the
Health and Safety Code
, to read:
40100.5.
(a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.
(b) The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county and by a majority of the cities that contain a majority of the population in the incorporated area of the district.
(c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district.
(d) (1) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating.
(2) In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to serve and vote in place of the member who is absent or is disqualified from participating.
(3) The members of the governing board who are county supervisors shall be selected by the county.
(e) (1) This section does not apply to any district in which the population of the
						incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994.
(2) The membership of the governing board for the San Diego County Air Pollution Control District shall be determined pursuant to Section 40100.6.
(3) The membership of the governing board for the Imperial County Air Pollution Control District shall be determined pursuant to Section 40100.8.
(f) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows:
(1) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.
(2) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.
(3) The number of those members shall be
						determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision (d).
(4) For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.
(g) This section shall become operative on July 1, 2027.
SEC. 6.
Section 40100.8 is added to the
Health and Safety Code
, to read:
40100.8.
(a) The 11 members of the Imperial County Air Pollution Control District governing board shall be appointed as follows:
(1) One member representing the board of supervisors as appointed by a majority of the board of supervisors.
(2) (A) One city council member from each of the five supervisorial districts. Those five members shall be selected by city selection committees representing the cities of that supervisorial
						district.
(B) A city shall not have more than two members.
(3)  A representative from an irrigation district that provides water and retail power services in the County of Imperial and is a member of the governing board of a water agency pursuant to Section 12512 of the Water Code, as appointed by a majority of the governing board of the special district.
(4) Four public members shall be
						appointed by members
						appointed pursuant to paragraphs (1) and (2) at a public hearing. The public members shall be appointed according to the following:
(A) One public member shall be a physician or public health professional actively practicing within the boundaries of the Imperial County Air Pollution Control District. The member’s specialty shall be in the health effects of air pollution on vulnerable populations.
(B) One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the Imperial County Air Pollution Control District that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income
						populations. This member may be a resident of that community and have a demonstrated record of community
						leadership.
(C) One public member shall be a person with a background in labor that understands worker health and safety.
(D) One public member shall be a person actively working in commercial agricultural commodity production and who has experience with lands that serve an agricultural use. “Agricultural commodity” means any and all animals, animal products, and plants produced in this state for commercial purposes, including plant products for biofuels and industrial hemp. “Agricultural use” means use of land, including greenhouses, for the purpose of producing an agricultural commodity for commercial purposes.
(b) All members shall be appointed on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with the air pollution problems of the Imperial Air Basin.
(c) All members shall reside within the boundaries of the Imperial County Air Pollution Control District.
(d) Each member of the Imperial County Air Pollution Control District shall serve a four-year term and until that member’s successor is appointed.
(e) Each member of the Imperial County Air Pollution Control District governing board shall receive compensation of up to one hundred dollars
						($100) for each day, or a portion thereof, but not to exceed one thousand dollars ($1,000) per month, while attending meetings of the district governing board or any committee of the district governing board or, upon authorization of the district governing board, while on official business of the Imperial County Air Pollution Control District, and the actual and necessary expenses incurred in performing the member’s official duties. An increase in compensation to an amount greater than one hundred dollars ($100) for each day or one thousand dollars ($1,000) per month shall be approved by the district governing board at an open regular meeting.
(f) (1) A vacancy on Imperial County Air Pollution Control District governing board shall be filled by appointment in the
						same manner as the vacating member was appointed.
(2) A member of the Imperial County Air Pollution Control District governing board may be removed at any time in the same manner as the member was appointed.
(g) (1) The Imperial County Air Pollution Control District governing board shall consult with the United States Navy and the United States Marine Corps on all permitting, rules, regulations, and planning issues that have the potential to impact the mission of the United States Navy and the United States Marine Corps.
(2) The Imperial County Air Pollution Control District governing board shall designate, after consultation with the United States Armed Forces, one member to serve as the liaison to the United States Navy and the United States Marine Corps. The liaison shall report to the Imperial County Air Pollution Control District governing board as necessary to inform the governing board of any issues with the activities described in paragraph (1) and of any potential resolution to those issues.
(h) This section shall become operative on July 1, 2027.
SEC. 7.
Section 40100.8.5 is added to the
Health and Safety Code
, to read:
40100.8.5.
The Imperial County Air Pollution Control District, in addition to all other duties required of the Imperial County Air Pollution Control District pursuant to this division and any other law, shall do all of the following:
(a) Create and maintain an internet website providing public access to Imperial County Air Pollution Control District data, including all of the following:
(1) Agendas and minutes of the governing board of the Imperial County Air Pollution Control District.
(2) All current permit information in a format that allows that information to be downloadable and searchable by address or ZIP Code, facility name, pollutant, permit number, and equipment or process. Permitted potential maximum emissions shall be included along with actual emissions if available.
(3) By January 1, 2029, the Imperial County Air Pollution Control District shall post all applications for an authority to construct or a permit to
						operate.
(4) All settled enforcement actions in a format that allows that information to be downloadable and searchable by address or ZIP Code, facility name, pollutant, permit number, and equipment or process.
(5) (A) The face sheets of notices of violation or notices to comply.
(B) The district shall post the face sheets 30 days after the issuance of the notices. Notices found to be issued in error within 30 days of issuance shall not be posted.
(6) By January 1, 2029, all documents related to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Part 6 (commencing with Section 44300)), including all of the following:
(A) Air toxics emissions inventory reports and plans submitted by each facility pursuant to Chapter 3 (commencing with Section 44340) of Part 6 that are completed and approved by the district.
(B) Completed health risk assessments submitted by each facility pursuant to Chapter 4 (commencing with Section 44360) of Part 6.
(C) A copy of the public
						notification provided by facility, as required by the Imperial County Air Pollution Control District’s rules and guidelines, and documentation of the required notice to exposed persons.
(D) Airborne toxic risk reduction audit and plans submitted by each facility pursuant to Chapter 6 (commencing with Section 44390) of Part 6 that are completed and approved by the district.
(7) The Imperial County Air Pollution Control District budget, including revenue and expense projections and actuals.
(b) In creating the internet website pursuant to subdivision (a), the Imperial County Air Pollution Control District shall establish a process for permitholders that have sensitive operations, including, but not limited to, animal husbandry, to request that physical identifying information such as an address be redacted from the publicly posted information. Facilities granted a redaction of identifying information still need to be identified at least by ZIP Code on the internet website. This process does not preclude the ability of the public to request information on a facility, including its address, by submitting a public records request.
(c) Air monitoring data shall be made available to the public on the Imperial County Air Pollution Control District internet website within a reasonable period of time not to exceed 14 months from the date of collection. The governing board of the Imperial County Air Pollution Control District shall establish an air monitoring data program that will define reasonable timeframes for the posting of all air monitoring data based on testing methodology and ensure data is accessible and understandable to the public.
SEC. 8.
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 that shall include data supporting the annual per capita assessment and any schedule that may apply.
(e) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 9.
Section 40701.5 is added to the
Health and Safety Code
, 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, 40100.8, 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 that shall include data supporting the annual per capita assessment and any schedule that may apply.
(e) (1) Notwithstanding subdivision (b), expenses of the Imperial 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 Imperial County Air Pollution Control District by the governing board of the Imperial County Air Pollution Control District created pursuant to Section 40100.8.
(2) At least 30 days before the assessment is imposed, the governing board shall hold a public hearing that shall include data supporting the annual per capita assessment and any schedule that may apply.
(f) This section shall become operative on July 1, 2027.
SEC. 10.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the growing population of the County of Imperial and its goal of addressing climate change and air pollution.
SEC. 11.
The Legislature finds and declares that Section 7 of this act, which adds Section 40100.8.5 to the Health and Safety Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
By requiring the Imperial County Air Pollution Control District to post
				specified information on its internet website, this act increases public access to public records, and thereby furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
SEC. 12.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a 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, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the
				scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.