(a) The state board shall appoint an executive officer who shall serve at the pleasure of the state board and, except as provided in subdivision (d), may delegate any duty to the executive officer that the state board deems appropriate.
(b) The intention of the Legislature is hereby declared to be that the executive officer shall perform and discharge, under the direction and control of the state board, the powers, duties, purposes, functions, and jurisdiction vested in the state board and delegated to the executive officer by the state board.
(c) The state board shall, upon the receipt of a petition from any affected member of the public, affected district, or designated air quality planning agency, hold a public hearing to review any action taken by the executive officer pursuant to Section 41650, 41651, or 41652.
(d) Any action taken by the executive officer pursuant to Section 40469 or Sections 41503 to 41505, inclusive, shall be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Added Stats 1975 ch 957 § 12; Amended Stats 1979 ch 810 § 1, effective September 19, 1979; Stats 1981 ch 982 § 3.
Amended Stats 2000 ch 890 § 6 (AB 2939).
References at the time of publication (see page iii):
Regulations: 17, CCR, sections 60001, 60020, 60021, 60022, 60023, 60075.2, 80130, 80140, 90100, 90110, 90200, 90300, 90360, 90370, 90380, 90500, 91400, 94010, 94011, 94012, 94013, 94014, 94015, 94100, 94101, 94102, 94103, 94104, 94105, 94106, 94107, 94108, 94109, 94110, 94111, 94112, 94113, 94114, 94115, 94116, 94117, 94118, 94119, 94120, 94121, 94122, 94123, 94124, 94125, 94126, 94127, 94128, 94129, 94130, 94131, 94132, 94133, 94134, 94135, 94136, 94137, 94138, 94139, 94140, 94141, 94142, 94143, 94144, 94145, 94146, 94147, 94148, 94149, 94150, 94151, 94152, 94153, 94154, 94155, 94156, 94157, 94158, 94159, 94160, 94163, 94164, 9416513, CCR, sections 2250, 2251.5, 2252, 2253, 2254, 2257, 2258, 2259, 2260, 2261, 2262, 2262.1, 2262.3, 2262.5, 2262.6, 2262.9, 2263, 2263.7, 2264, 2264.2, 2265, 2266, 2266.5, 2267, 2268, 2269, 2270, 2271, 2272, 2281, 2282, 2283, 2293, 2293.5, 2300, 2302, 2303, 2303.5, 2304, 2306, 2307, 2308, 2309, 2310, 2311, 2311.5, 2312, 2313, 2314, 2315, 2316, 2317, 2318, 2470, 2471, 2472, 2473, 2474, 2475, 2476, 2477, 2478
ANNOTATIONS
Amendments:
1979 Amendment:
(1) Designated the former first and second paragraphs to be subds (a) and (b); and (2) added subd (c).
1981 Amendment:
(1) Substituted subd (a) for former subd (a) which read: "(a) The state board shall appoint an executive officer and may delegate such duties to the executive officer as the state board deems appropriate."; (2) deleted former subd (c)(1) which read: "(1) Taking action pursuant to Section 40451 or 40465 or Sections 41503 to 41505, inclusive."; (3) redesignated former subds (c)(2) and (c)(3) to be subds (c)(1) and (c)(2); and (4) added subd (d).
2000 Amendment:
(1) Substituted "that the state" for "which the state"; (2) Amended subd (c) by (a) deleting "relating to any of the following:" after "executive officer"; (b) deleting subd (1) which read: "(1) Making any order pursuant to Section 41507, 41602, or 41603."; (c) deleting "(2) Taking action"; and (3) deleted "the provisions of" after "be subject to".
Historical Derivations:
Former § 39023, as added by Stats 1967 ch 1545 § 5, amended by Stats 1971 ch 1674 § 8.
Law Revision Commission Comments:
2000-Section 39515 is amended to eliminate obsolete references to former Health and Safety Code Sections 41507, 41602, and 41603, which have been repealed. See 1988 Cal. Stat. ch. 1568, §§ 23 & 24, and the act that amended this section.
Cross References:
Chairman: H & S C § 39511
Presumptions regarding delegation of power to executive officer: H & S C § 39516
Public hearing required by pollution subvention program: H & S C § 39806.5
Basinwide pollution control plans: H & S C §§ 41503-41505, 41600 et seq
Revision of plan to comply with federal standards: H & S C § 41507
Nonattainment area plans: H & S C §§ 41650 et seq
Collateral References:
Law Review Articles:
Review of Selected 1979 California Legislation. 11 Pacific LJ 523