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HomeHealth and Safety CodeDiv. 26Pt. 3Ch. 6§ 40709 Emission Reduction Banking Rules

§ 40709 Emission Reduction Banking Rules

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 40709 Emission Reduction Banking Rules

Key Takeaways

  • •Companies must save their pollution cuts in a 'bank' before using them to allow more pollution later.
  • •Only pollution cuts that aren't already required by law can be saved in this bank.
  • •The state can say no to the local pollution bank rules within 60 days.
  • •Some places don’t have to follow this rule if their air is clean enough and no one asks for it.

Example

A factory wants to build a new machine that will create more smoke.

Before they can do this, they must first save up pollution cuts (like using cleaner machines in another part of the factory) in a special 'bank.' These cuts must be extra ones they didn’t have to make by law. If they don’t save them first, they can’t use them to allow the new machine’s smoke.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 40709 Emission Reduction Banking Rules

(a)  Every district board shall establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants shall be banked prior to use to offset future increases in emissions. The system shall provide that only those reductions in the emission of air contaminants that are not otherwise required by any federal, state, or district law, rule, order, permit, or regulation shall be registered, certified, or otherwise approved by the district air pollution control officer before they may be banked and used to offset future increases in the emission of air contaminants. The system shall be subject to disapproval by the state board pursuant to Chapter 1 (commencing with Section 41500) of Part 4 within 60 days after adoption by the district. (b)  The system is not intended to recognize any preexisting right to emit air contaminants, but to provide a mechanism for districts to recognize the existence of reductions of air contaminants that can be used as offsets, and to provide greater certainty that the offsets shall be available for emitting industries. (c)  Notwithstanding subdivision (a), emissions reductions proposed to offset simultaneous emissions increases within the same stationary source need not be banked prior to use as offsets, if those reductions satisfy all criteria established by regulation pursuant to subdivision (a). (d)  This section does not apply to any district that is not required to prepare and submit a plan for attainment of state ambient air quality standards pursuant to Section 40911 if both of the following apply to the district: (1)  The district is not in a federal nonattainment area for any national ambient air quality standard unless the sole reason for the nonattainment is due to air pollutant transport. (2)  An owner or operator of a source or proposed source has not petitioned the district to establish a banking system. (Amended by Stats. 2000, Ch. 729, Sec. 5. Effective January 1, 2001.)

Last verified: January 24, 2026

Key Terms

pollutionregulationbankingadoptionqualityemissionportnonattainment

Related Statutes

  • § 40717.5 Indirect Source Emission Rules
  • § 40440.7 Public Rulemaking Workshops
  • § 40716 Air Pollution Trip Reduction
  • § 40724 Agricultural Air Pollution Controls
  • § 40724.5 Agricultural Emissions Control Measures

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 40709.
View Official Source