SECTIONS 39000-39005 - California Statutes

HEALTH AND SAFETY CODE

SECTION 39000-39005

39000. The Legislature finds and declares that the people of the
State of California have a primary interest in the quality of the
physical environment in which they live, and that this physical
environment is being degraded by the waste and refuse of civilization
polluting the atmosphere, thereby creating a situation which is
detrimental to the health, safety, welfare, and sense of well-being
of the people of California.

39001. The Legislature, therefore, declares that this public
interest shall be safeguarded by an intensive, coordinated state,
regional, and local effort to protect and enhance the ambient air
quality of the state. Since air pollution knows no political
boundaries, the Legislature declares that a regional approach to the
problem should be encouraged whenever possible and, to this end, the
state is divided into air basins. The state should provide incentives
for such regional strategies, respecting, when necessary, existing
political boundaries.

39002. Local and regional authorities have the primary
responsibility for control of air pollution from all sources other
than vehicular sources. The control of vehicular sources, except as
otherwise provided in this division, shall be the responsibility of
the State Air Resources Board. Except as otherwise provided in this
division, including, but not limited to, Sections 41809, 41810, and
41904, local and regional authorities may establish stricter
standards than those set by law or by the state board for
nonvehicular sources. However, the state board shall, after holding
public hearings as required in this division, undertake control
activities in any area wherein it determines that the local or
regional authority has failed to meet the responsibilities given to
it by this division or by any other provision of law.

39003. The State Air Resources Board is the state agency charged
with coordinating efforts to attain and maintain ambient air quality
standards, to conduct research into the causes of and solution to air
pollution, and to systematically attack the serious problem caused
by motor vehicles, which is the major source of air pollution in many
areas of the state.

39004. The reenactment of this division by the Legislature during
the 1975-76 Regular Session of the Legislature shall have no effect
on the existence of any district board, or the terms of any members
thereof.

39005. The reenactment of this division by the Legislature during
the 1975-76 Regular Session of the Legislature shall have no effect
on any order, rule, or regulation of any district or of the state
board, unless such order, rule, or regulation, as the case may be, is
not consistent with the provisions of this division.