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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

§ 40711. Registration and transfer of interests in approved emission reductions

(a) A banking system established pursuant to Section 40709 shall provide for registration of all interests in approved emission reductions. The registry shall be maintained by the district and open to public inspection. Upon payment of any required filing fee, and receipt of the documents required in subdivision (b), the district shall promptly register all interests in approved emission reductions and issue a certificate evidencing such ownership. The district may adopt by rule or regulation a schedule of fees for the issuance of certificates to cover the cost of confirming emission reductions and operating an emission reduction registry.

(b) Approved emission reductions may be transferred in whole or in part by written conveyance or by operation of law from one person to another. A sale, option, pledge, or other voluntary transfer of approved emission reductions shall be enforceable against third parties provided a copy of the written conveyance or a memorandum describing the transaction, signed by the transferor, is filed with the district. An involuntary transfer of approved emission reductions shall be enforceable against third parties provided the transferee files with the district a certified copy of the document effecting such transfer or a memorandum describing the nature of such transfer. Notwithstanding any other provision of law, conflicting interests in approved emission reductions shall rank in priority according to the time of filing with the district.

Added Stats 1979 ch 1111 § 3; Amended Stats 1980 ch 692 § 3, effective July 24, 1980.

Amendments:

1980 Amendment: Substituted the section for the former section which read: “Use of approved reductions in emissions of air contaminants may be transferred in whole or in part by any means of conveyance permissible under the laws of this state. No such transfer shall be effective until the district air pollution control officer is notified thereof in writing.”

Cross References: Air contaminant: H & S C § 39013.

Title to approved emission reductions: H & S C § 40712.

Law Review Articles:

Review of Selected 1979 California Legislation. 11 Pacific LJ 521.

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