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California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 3 Air Pollution Control Districts

Chapter 6 General Powers and Duties

§ 40709.7. “Military base”; “Base reuse authority”; Application for emission reduction credits

(a) For the purposes of this section, “military base” means a military base that is designated for closure or downward realignment pursuant to the Defense Base Closure and Realignment Act of 1988 (P.L. 100-526) or the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Sec. 2687 et seq.).

(b) For the purposes of this section, “base reuse authority” means the authority recognized pursuant to Section 65050 of the Government Code.

(c) An appropriate entity of the federal government may apply to the district for emission reduction credits that result from reduced emissions from a military base by June 1, 1995, or within 180 days of the reduction in emissions, whichever occurs later, if the federal government is eligible under district regulations to file and receive emission reduction credits on December 31, 1994.

(d) Not later than July 1, 1995, or six months from the date that the base closure or realignment decision becomes final, whichever occurs last, the district shall request and attempt to obtain all records maintained by a military base that are necessary to quantify emission reductions, including, but not limited to, records on the operation of any equipment that emits air contaminants, provided that the district either waives the payment of direct costs to obtain the records or enters into an agreement with the appropriate entity of the federal government or the base reuse authority for the payment of the direct costs to obtain the records. The district shall maintain these records.

(e) (1) A base reuse authority may apply to a district, under the emission reductions banking system established pursuant to Section 40709, for any reductions in emissions related to the termination or reduction of operations at the military base under its jurisdiction.

(2) The district shall quantify and bank the emission reductions for a closing or realigning military base within 180 days of a request by a base reuse authority and payment of any applicable fees, if one of the following events has occurred:

(A) The federal government agrees in writing to allow the base reuse authority to apply for and receive the emission reduction credits.

(B) The time period for the federal government to apply for emission reduction credits pursuant to subdivision (c) has expired and the federal government has not applied for the credits.

(C) The base reuse authority has, pursuant to other legal means, obtained the authority to acquire the emission reduction credits.

(f) The district shall permanently retire the emission reduction credits obtained pursuant to this section by 5 percent to improve air quality.

(g) The baseline for quantifying emission reductions shall be the date that the base closure or realignment decision becomes final. The two-year period ending on the date that the base closure or realignment decision was made shall be used to determine average emissions from the military base unless this two-year period is not representative of normal operations, in which case an alternative, consecutive, two-year period that is within the five years prior to the baseline date may be used, as determined by the district.

(h) After registration, certification, or other approval of the emission reductions by a district air pollution control officer pursuant to subdivision (a) of Section 40709 and this section, the base reuse authority shall be deemed the owner of the emissions source for purposes of the issuance of a certificate pursuant to Section 40710. Upon receipt of the certificate, or other approval, the base reuse authority may use, sell, or otherwise dispose of the emission reduction credits as determined by the base reuse authority, provided that the credits may only be used for base reuse within the jurisdiction of the district.

Added Stats 1994 ch 1162 § 1 (AB 3204). Amended Stats 2000 ch 890 § 21 (AB 2939).

Amendments:

2000 Amendment: (1) Added the comma after “of this section” in subd (a); (2) amended subd (b) by (a) deleting “, as added by Assembly Bill 3755 of the 1993-94 Regular Session” in the first sentence; (b) deleting the last sentence which read: “If Assembly Bill 3755 is not enacted or does not recognize the authority, ‘base reuse authority’ means the entity which shall be designated for purposes of this section by the California Defense Conversion Council established pursuant to Section 15346.3 of the Government Code.”; (3) substituted “that emits” for “which emits” in the first sentence of subd (d); and (4) substituted “that is within” for “which is within” in the last sentence of subd (g).

Law Revision Commission Comments:

2000-

Section 40709.7 is amended to eliminate an obsolete provision. The definition of “base reuse authority” was contingent on enactment of Government Code Section 65050, listing base reuse entities. That section was enacted as specified in the contingency. See 1994 Cal. Stat. ch. 1261, § 6. Consequently, the alternative definition, which would have applied if the contingency had failed, is obsolete.

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