California Health and Safety Code

§ 42301.6

HSC § 42301.6 Effective Jan 1, 2019Div. 26 · Part 4 · Ch. 4 · Art. 1

Statute text

(a)Prior to approving an application for a permit to construct or modify a source that emits hazardous air emissions, and that source is located within 1,000 feet from the outer boundary of a schoolsite, the air pollution control officer shall prepare a public notice in which the proposed project or modification for which the application for a permit is made is fully described. The notice may be prepared whether or not the material is or would be subject to subdivision (a) of Section 25536, if the air pollution control officer determines and the administering agency concurs that hazardous air emissions of the material may result from an air release, as defined by Section 44303. The notice may be combined with any other notice on the project or permit that is required by law.

(b)The air pollution control officer shall, at the permit applicant’s expense, distribute or mail the public notice to the parents or guardians of children enrolled in a school that is located within one-quarter mile of the proposed new or modified source and to each address within a radius of 1,000 feet of the source at least 30 days prior to the date final action on the application is to be taken by the officer. The officer shall review and consider all comments received during the 30 days after the notice is distributed, and shall include written responses to the comments in the permit application file prior to taking final action on the application.

(1)Notwithstanding Section 49073 of the Education Code, or any other law, the information necessary to mail notices required by this section shall be made available by the school district to the air pollution control officer.

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Legislative history

Amended by Stats. 2018, Ch. 59, Sec. 3. (SB 1502) Effective January 1, 2019.