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HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 3 Air Pollution Control Districts

Chapter 1 General Provisions

§ 40000. Legislative finding and declaration

The Legislature finds and declares that local and regional authorities have the primary responsibility for control of air pollution from all sources, other than emissions from motor vehicles. The control of emissions from motor vehicles, except as otherwise provided in this division, shall be the responsibility of the state board.

Added Stats 1975 ch 957 § 12.

Former Sections: Former § 40000, repealing Penal Code provisions, was enacted 1939 and repealed by Stats 1975 ch 957 § 17.

Cross References: Motor vehicle: H & S C § 39039.

Collateral References: 12 Witkin Summary (10th ed) Real Property § 898.

Legislative findings and purposes under the Federal Clean Air Act: 42 USCS § 7401.

Attorney General's Opinions: A city may enact an ordinance restricting vehicle engine idling for the purpose of controlling or mitigating vehicle emissions if (1) the city has been delegated authority to do so by an air pollution control district or by an air quality management district, (2) the ordinance imposes more stringent engine idling requirements than imposed by such district and is otherwise authorized by law, or (3) the ordinance seeks to abate a nuisance. 87 Cal. Ops. Atty. Gen. 96.

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