39800-39811

HEALTH AND SAFETY CODE
SECTION 39800-39811




39800.  As used in this chapter, "dollars budgeted" means moneys
derived from revenue sources within a district for use in its air
pollution control programs.


39801.  The state board shall administer, pursuant to this chapter,
such funds as may be appropriated to it for the purposes of this
chapter.


39802.  (a) The state board may subvene up to one dollar ($1) for
every dollar budgeted for use by any of the following:
   (1) A district whose boundaries include an entire air basin.
   (2) Districts whose boundaries together include an entire air
basin and which are parties to one joint powers agreement or other
enforceable agreement which provides for all of the following:
   (A) Uniform rules and regulations among all districts, excluding
administrative rules and regulations.
   (B) At least four meetings per year of the basinwide air pollution
control council formed under Section 40900, or an equivalent
procedure for basinwide consideration of policy matters.
   (C) Suitable sharing of qualified air pollution personnel and
equipment.
   (b) (1) Subventions under this section shall not exceed
twenty-three cents ($0. 23) per capita, but shall not be less than
eighteen thousand dollars ($18,000) for any district, if the district
provides the required matching funds, except as specified in
paragraph (2).
   (2) If a district is a rural district, as defined by the state
board, the minimum subvention shall be that specified in Section
39802.5 if the district provides the required matching funds and does
one of the following:
   (A) Has a fee system that fully recovers the district's cost of
issuing and renewing permits, performing source inspections,
determining compliance status, and processing variances for
stationary sources which emit 25 or more tons annually of any
regulated pollutant.
   (B) Provides its matching funds, for any funds authorized by
Section 39802.5 in excess of the dollar amount subvened to the
district pursuant to this chapter in fiscal year 1986-87, from an
increase in moneys budgeted over the level of funding budgeted for
the 1986-87 fiscal year.
   (c) The merger into a unified or regional district pursuant to
this division by any county district shall cause the minimum
subvention of the county district to be transferred to the unified
district or regional district if the unified district or regional
district provides the required matching funds. If portions of a
county district are merged into unified or regional districts
pursuant to this division, the state board shall apportion, according
to population within each portion of the county, the minimum
subvention of the county district to the unified districts or
regional districts into which the portions of the county district are
merged. A unified district or a regional district which has all or a
portion of a county district minimum subvention transferred to it
under this section may not also receive subventions under the per
capita provisions of this section. A subvention made pursuant to
Section 39803 shall preclude subvention under this section.



39802.5.  Minimum subventions for purposes of paragraph (2) of
subdivision (b) of Section 39802 shall be determined as follows:
   (a) If the amount appropriated in the Budget Act for district
subventions is equal to or less than seven million eleven thousand
dollars ($7,011,000), the minimum subvention is eighteen thousand
dollars ($18,000).
   (b) If the amount appropriated in the Budget Act for district
subventions is at least seven million five hundred eleven thousand
dollars ($7,511,000), the minimum subvention is thirty-four thousand
four hundred dollars ($34,400).
   (c) (1) If the amount appropriated in the Budget Act for district
subventions is more than seven million eleven thousand dollars
($7,011,000), but less than seven million five hundred eleven
thousand dollars ($7,511,000), the minimum subvention is the sum of
(A) eighteen thousand dollars ($18,000) and (B) the product of (i)
sixteen thousand four hundred dollars ($16,400) multiplied by (ii)
the amount by which the funds budgeted for district subventions
exceeds seven million eleven thousand dollars ($7,011,000) divided by
five hundred thousand dollars ($500,000).
   (2) Any portion of the amount appropriated in the Budget Act for
district subventions which is more than seven million eleven thousand
dollars ($7,011,000), but less than seven million five hundred
eleven thousand dollars ($7,511,000), and which is not awarded in
accordance with the determination of minimum subventions pursuant to
paragraph (1) shall be subvened pursuant to Section 39810 only to
rural districts, as defined by the state board.




39803.  In air basins where funds are not subvened pursuant to
Section 39802, the state board may subvene up to two dollars ($2) for
every three dollars ($3) budgeted by a district. Subventions under
this section shall not exceed eighteen and four-tenths cents ($0.184)
per capita, but shall not be less than twelve thousand dollars
($12,000) for any district, if the district provides the required
matching funds. Any county district which merged after January 1,
1980, into a unified district or regional district pursuant to this
division shall have its minimum subvention under this section
transferred to the unified district or regional district if the
unified district or regional district provides the required matching
funds. A unified district or regional district which has a county
district minimum subvention transferred to it under this section may
not also receive subventions under the per capita provisions of this
section.


39804.  In air basins having a population of less than 98,000, the
state board may subvene more than the specified amount allowed under
Section 39802, if the subvention does not exceed forty-five thousand
dollars ($45,000) per air basin and each district affected adopts a
budget equal to or exceeding twenty-three cents ($0.23) per capita.




39805.  The per capita limits in Sections 39802 and 39803 and the
forty-five thousand dollars ($45,000) limit in Section 39804 may be
increased by the state board to reflect the effects of inflation on
the moneys needed to carry out air pollution control programs. No
increase shall be made without the prior written approval of the
Director of Finance.



39806.  (a) Money shall be subvened pursuant to this chapter to
districts engaged in the reduction of air contaminants pursuant to
the basinwide air pollution control plan and related implementation
programs.
   When the state board finds, pursuant to a resolution from the
district board, or upon completion of proceedings conducted by the
state board pursuant to Sections 39806.5 and 41500, that the district
is not so engaged in the reduction of air contaminants, the
subvention, or a portion thereof, which would have been allocated to
such district pursuant to Section 39802, 39803, or 39804, plus such
additional sum as may be necessary, if moneys are available from
appropriations for the purposes of this chapter, shall be allocated
to the state board itself to carry out the approved plan or program.
   (b) The findings of the state board shall be based on criteria
established by the state board jointly with the districts for the
evaluation of such plans and programs. The criteria shall be less
stringent for rural districts, shall be based upon the differences in
urban and rural air quality problems, population, and available
resources, and shall recognize the transport of air pollutants from
metropolitan areas to rural areas.
   (c) If the state board acts under this section pursuant to a
resolution of the district board, it may do so without proceeding
under Sections 39806.5 and 41500.



39806.5.  (a) Before taking any action pursuant to Sections 39806
and 39808, the state board shall hold a public hearing within the air
basin affected, upon a 45-day written notice given to the basinwide
air pollution control council, if any, the affected districts, the
affected air quality planning agencies, and the public.
   (b) In addition to any other statutory requirements, interested
persons shall have the right, at the public hearing to present oral
and written evidence and to question and solicit testimony of
qualified representatives of the state board on the matter being
considered. The state board may, at the public hearing, place
reasonable limits on the right to question and solicit testimony.
   (c) If, after conducting the public hearing required by
subdivision (a), the state board determines to take action pursuant
to any section enumerated in subdivision (a), the state board shall,
based on the record of the public hearing, adopt written findings
which explain the action to be taken by the state board, why the
state board decided to take the action, and why the action is
authorized by, and meets the requirements of, the statutory
provisions pursuant to which it was taken. In addition, the findings
shall address the significant issues raised or written evidence
presented by interested persons or the staff of the state board. The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceedings, shall constitute the exclusive
record for decision by the state board.
   (d) Subdivisions (a), (b), and (c) shall be applicable to the
executive officer of the state board acting pursuant to Section
39515, or to his delegates acting pursuant to Section 39516, with
respect to any action taken pursuant to any section enumerated in
subdivision (a).


39807.  The subvention otherwise due a district may be reduced by
the state board up to an amount equal to the funds that are granted
to the district by the federal government. In so reducing a
subvention, the state board shall take into account all of the
following factors:
   (a) The purpose for which the federal funds were granted.
   (b) The needs of the district in relationship to the needs of
other districts.
   (c) Any special and worthy programs conducted by the district not
required by the plan or program approved by the state board pursuant
to Section 41500.
   (d) The severity of air pollution within the district.
   (e) Any other factors that the state board reasonably determines
should be considered.



39808.  The state board may review, as it deems necessary, the
programs and expenditures by each district receiving a subvention
under this chapter to ascertain that the funds budgeted from nonstate
sources are in fact being expended substantially in accordance with
the budget on which the subvention was based. Where the state board
finds that the funds are not being so expended, the state board may,
after a public hearing held pursuant to Section 39806.5 do any of the
following:
   (a) Cease any further payments under the subvention.
   (b) Withhold future subventions.
   (c) Bring an action against the district, or the counties or
cities supporting the district, to recover the subvention paid that
fiscal year.
   (d) Assume the powers of the district after it has held a public
hearing upon a 45-day written notice given to the basinwide air
pollution control council, if there is such a council, and to the
affected districts.


39809.  The state board may allocate to itself sufficient moneys to
administer the subvention program under this chapter and to conduct
reviews authorized by Section 39808.



39810.  Any moneys not otherwise subvened or allocated by the state
board pursuant to this chapter may be used for supplemental
subventions, upon application, up to a one-to-one matching basis or,
in the state board's discretion, for any other purpose related to the
control of nonvehicular sources. Matching supplemental subventions
having unusual merit shall be given preference over expenditures for
other purposes. In making supplemental subventions, the state board
may consider federal grants received by the applicant and by other
districts.


39811.  Any moneys appropriated to the state board for expenditure
under this chapter not allocated during the fiscal year shall revert
to the General Fund.