JurisdictionCaliforniaCode HSCHealth and Safety Code - HSC
Div. 26.DIVISION 26. AIR RESOURCES
Part 3.PART 3. AIR POLLUTION CONTROL DISTRICTS
Ch. 6.5.CHAPTER 6.5. Regulations of Air Pollution Control and Air Quality Management Boards
This text of California § 40728.5. (40728.5. (Amended by Stats. 2000, Ch. 729, Sec. 8.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Whenever a district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality or emissions limitations, that agency shall, to the extent data are available, perform an assessment of the socioeconomic impacts of the adoption, amendment, or repeal of the rule or regulation. The district board shall actively consider the socioeconomic impact of regulations and make a good faith effort to minimize adverse socioeconomic impacts, as defined below. This section does not apply to the adoption, amendment, or repeal of any rule or regulation that results in any less restrictive emissions limit if the action does not interfere with the district’s adopted plan to attain ambient air quality standards, or does not result in any signific
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(a)
Whenever a district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality or emissions limitations, that agency shall, to the extent data are available, perform an assessment of the socioeconomic impacts of the adoption, amendment, or repeal of the rule or regulation. The district board shall actively consider the socioeconomic impact of regulations and make a good faith effort to minimize adverse socioeconomic impacts, as defined below. This section does not apply to the adoption, amendment, or repeal of any rule or regulation that results in any less restrictive emissions limit if the action does not interfere with the district’s adopted plan to attain ambient air quality standards, or does not result in any significant increase in emissions.
(b)
For purposes of this section, “socioeconomic impact” means the following:
(1)
The type of industries or business, including small business, affected by the rule or regulation.
(2)
The impact of the rule or regulation on employment and the economy of the region affected by the adoption of the rule or regulation.
(3)
The range of probable costs, including costs to industry or business, including small business, of the rule or regulation.
(4)
The availability and cost-effectiveness of alternatives to the rule or regulation being proposed or amended.
(5)
The emission reduction potential of the rule or regulation.
(6)
The necessity of adopting, amending, or repealing the rule or regulation to attain state and federal ambient air standards pursuant to Chapter 10 (commencing with Section 40910).
(c)
To the extent that information on the socioeconomic impact of a regulation is required to be developed by a district pursuant to other provisions of this division, that information may be used or referenced in the assessment in order to comply with the requirements of this section.
(d)
This section does not apply to any district with a population of less than 500,000 persons.
(e)
Upon the approval by a majority vote of the district board, a county district is not required to include the analysis specified in paragraphs (2) and (4) of subdivision (b) in any assessment of socioeconomic impacts for any rule or regulation that only adopts a requirement that is substantially similar to, or is required by, a state or federal statute, regulation, or applicable formal guidance document. Examples of state or federal formal guidance documents include, but are not limited to, federal Control Techniques Guidelines, state and federal reasonably available control technology determinations, state best available retrofit control technology determinations, and state air toxic control measures.