Air pollution: violations.

(1) Existing law establishes the State Air Resources Board as the state agency with primary jurisdiction over the regulation of air pollution. Existing law grants to air pollution control and air quality management districts the primary authority for the control of air pollution from all sources other than vehicular sources. Existing law subjects violators of air pollution laws to specified civil, administrative, and criminal penalties. This bill, commencing January 1, 2013, would require the state board, an air pollution control district, or an air quality management district, as specified, except for violations causing actual injury, as defined, to issue a warning for the first violation of any rule, regulation, permit, or order of the state board or of a district, as specified, whether for a civil, administrative, or criminal penalty. The bill, for administrative penalties, would require the state board, except for violations causing actual injury, as defined, to issue a warning for the first violation of any regulation of the state. The bill would prohibit the state board or a district, as specified, from issuing a second violation sooner than 60 days following the issuance of the first violation. By adding to the duties of air pollution control and air quality management districts, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.