Article 1 - Administration

California Health and Safety Code — §§ 40100-40104

Sections (8)

Repealed (in Sec. 2) and added by Stats. 2019, Ch. 744, Sec. 3. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.

(a)Except as provided in Sections 40100.5 and 40100.6, a county board of supervisors shall be ex officio the county district board of the county.

(b)The section shall become operative on March 1, 2021.

§ 40100.5

Repealed (in Sec. 4) and added by Stats. 2019, Ch. 744, Sec. 5. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.

(a)The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.

(b)The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county and by a majority of the cities that contain a majority of the population in the incorporated area of the district.

(c)The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation

of population between the cities in the district.

(d)(1) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating.

(2)In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to

serve and vote in place of the member who is absent or is disqualified from participating.

(3)The members of the governing board who are county supervisors shall be selected by the county.

(e)(1) This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994.

(2)The membership of the governing board for the San Diego County Air Pollution Control District shall be determined pursuant to Section 40100.6.

(f)If a district fails to comply with subdivisions (a) and (b), the membership

of the governing board shall be determined as follows:

(1)In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.

(2)In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.

(3)The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision

(d).

(4)For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.

(g)This section shall become operative on March 1, 2021.

§ 40100.6

Amended by Stats. 2025, Ch. 160, Sec. 1. (AB 652) Effective January 1, 2026.

(a)The 11 members of the San Diego County Air Pollution Control District governing board shall be appointed as follows:

(1)Two members representing the board of supervisors as appointed by a majority of the board of supervisors.

(2)The mayor or a city council member at large from the City of San Diego.

(3)(A) One mayor or city council member from each of the five supervisorial districts. Notwithstanding Sections 50272 and 50275 of the Government Code, those five members shall be selected by city selection committee members representing

the cities of that supervisorial district.

(B)A city shall not have more than two members appointed pursuant to the process described in this paragraph.

(4)Three public members shall be appointed by the members appointed pursuant to paragraphs (1) to (3), inclusive, at a public hearing. The public members shall be appointed according to the following:

(A)One public member

shall be a physician or public health professional actively practicing within the boundaries of the San Diego County Air Pollution Control District. The member’s specialty shall be in the health effects of air pollution on vulnerable populations.

(B)One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the San Diego County Air Pollution Control District that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations. This member may be a resident of that community and have a demonstrated record of community leadership.

(C)One public member shall be a

person with a scientific or technical background in air pollution, such as an environmental engineer, chemist, meteorologist, or air pollution specialist.

(b)All members shall be appointed on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with the air pollution problems of the San Diego Air Basin.

(c)All members shall reside within the boundaries of the San Diego County Air Pollution Control District.

(d)(1) Each member of the San Diego County Air Pollution Control District shall serve a four-year term and until that member’s successor is appointed.

(2)Notwithstanding paragraph (1), on the first board meeting in the 2029 calendar year, the governing board clerk shall conduct a random drawing to select two members appointed pursuant to paragraph (3) of

subdivision (a) and two members appointed pursuant to paragraph (4) of subdivision (a) to serve a two-year term and until that member’s successor is appointed.

(e)(1) Each member of the San Diego County Air Pollution Control District governing board shall receive compensation of up to two hundred dollars ($200) for each day, or a portion thereof, but not to exceed two thousand dollars ($2,000) per month, while attending meetings of the district governing board or any committee of the district governing board or, upon authorization of the district governing board, while on official business of the San Diego County Air Pollution Control District, and the actual and necessary expenses incurred in performing the member’s official duties. An increase in compensation to an amount greater than one hundred dollars

($100) for each day or one thousand dollars ($1,000) per month shall be approved by the district governing board at an open regular meeting.

(2)The compensation of each member of this district governing board may be increased beyond the amount provided in paragraph (1) by the district governing board at an open regular meeting by an amount not to exceed the greater of either of the following:

(A)An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation.

(B)Beginning January 1, 2025, an amount not to exceed 10 percent for each calendar year that is equal to the annual change in inflation as determined by the California Consumer Price Index.

(3)The district governing board shall not provide for automatic future increases in compensation for its members.

(f)Each appointing authority described in subdivision (a) may designate an alternate member to serve in place of the regular member when the regular member is absent or disqualified from participating. When serving in place of the appointed member, the alternate member may vote and may receive compensation and expenses pursuant to subdivision (e). An alternate member may be designated pursuant to this subdivision only if the alternate member meets the same qualifications applicable to the regular member.

(g)(1) A vacancy on the San Diego County Air Pollution Control District

governing board shall be filled by appointment in the same manner as the vacating member was appointed.

(2)A member of the San Diego County Air Pollution Control District governing board may be removed at any time in the same manner as the member was appointed.

(h)(1) The San Diego County Air Pollution Control District governing board shall consult with the United States Navy, the United States Marine Corps, and the United States Coast Guard on all permitting, rules, regulations, and planning issues that have the potential to impact the mission of the United States Navy, the United States Marine Corps, and the United States Coast Guard.

(2)The San Diego County Air Pollution Control District governing

board shall designate, after consultation with the United States Armed Forces, one member to serve as the liaison to the United States Navy, the United States Marine Corps, and the United States Coast Guard. The liaison shall report to the San Diego County Air Pollution Control District governing board as necessary to inform the governing board of any issues with the activities described in paragraph (1) and of any potential resolution to those issues.

§ 40100.7

Amended by Stats. 1995, Ch. 91, Sec. 80. Effective January 1, 1996.

(a)Section 40100.5 shall not apply to a county district if each city in the county consents, by the adoption of an ordinance or resolution, to the exclusion of the county district from the requirements of Section 40100.5.

(b)Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the county to exclude the county district from the requirements of Section 40100.5, if requested by a majority of the cities in the county, the county district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the county. The members shall be selected by the city selection committee.

(c)Subdivision (a) shall become inapplicable, and Section 40100.5 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the county, as established by the most recent census data, have adopted resolutions requesting the application of Section 40100.5.

§ 40101

Amended by Stats. 1994, Ch. 260, Sec. 2. Effective July 21, 1994.

(a)(1)

The board of supervisors of a county in which a county district is functioning may appropriate funds to the county district, which funds shall be deposited in the treasury of the county district.

(2)All such appropriations are legal charges against the county.

(b)A county district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with the county in which the county district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county provided to the county district prior to July 1, 1994.

§ 40102

Added by Stats. 1975, Ch. 957.

A county district which is included entirely within another district created by special law, or pursuant to Chapter 5 (commencing with Section 40300), shall cease to function and exercise its powers upon the date the other district commences to function and exercise its powers.

§ 40103

Added by Stats. 1975, Ch. 957.

When a county district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5 (commencing with Section 40300), the regional district shall succeed to all the funds, property, and obligations of the county district.

Where the county district is included within two or more such regional districts, the funds, property, and obligations of the county district shall be apportioned to the regional districts as agreed upon by the regional districts and county district.

§ 40104

Added by Stats. 1991, Ch. 1201, Sec. 6. Conditionally operative by Sec. 1 of Ch. 1201, as amended by Stats. 1992, Ch. 765.

Notwithstanding any other provision of law, a county may delegate air pollution rulemaking and enforcement duties to a duly created joint powers authority established for air pollution control purposes of which the county is a member.