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California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 3 Air Pollution Control Districts

Chapter 10 District Plans to Attain State Ambient Air Quality Standards

§ 40918.6. Attainment plan

Following the implementation of Section 40918.5, both of the following shall occur:

(1) The district governing board's finding pursuant to paragraph (1) of subdivision (a) of Section 40918.5 shall, by operation of law, become part of the district's attainment plan.

(2) The state board shall, during any subsequent review of the district's attainment plan pursuant to subdivision (a) of Section 41500, determine based on quantifiable and substantial evidence whether or not a no-net-increase permitting program is necessary to comply with mitigation requirements established pursuant to Section 39610 or to achieve and maintain state ambient air quality standards by the earliest practicable date. If the state board determines that a no-net-increase permitting program is necessary to comply with those requirements, the district shall then adopt and implement a no-net-increase permitting program pursuant to Section 40918, 40919, or 40920.

Added Stats 1996 ch 1092 § 3 (AB 3319).

Note- Stats 1996 ch 1092 provides:

SECTION 1. It is the intent of the Legislature that this act not affect the mandate on the State Air Resources Board to establish mitigation requirements commensurate with the contribution of upwind emissions to downwind ambient air pollutant levels as provided in Section 39610 of the Health and Safety Code.

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