Section 41753 Of Article 1.5. Portable Equipment From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 3. >> Article 1.5.
41753
. (a) (1) It is the intent of the Legislature that the
registration of, and the regulation of emissions from, portable
equipment that is operated in more than one district and that is
subject to the registration program be done on a uniform, statewide
basis by the state board and that the permitting, registration, and
regulation of portable equipment by the districts be preempted.
(2) Notwithstanding paragraph (1), if the owner or operator of
portable equipment elects not to register under the statewide
registration program, the unregistered portable equipment shall be
subject to district permitting requirements pursuant to district
regulations.
(b) On and after the effective date of the statewide registration
program established by the state board pursuant to subdivision (a) of
Section 41752 and upon the registration of portable equipment by the
portable equipment owner or operator, a district shall not, with
respect to the affected portable equipment, do any of the following:
(1) Require a permit for the construction or operation of the
portable equipment.
(2) Assess any fee related to the construction or operation of the
portable equipment, other than that specified in paragraph (2) of
subdivision (d) of Section 41752.
(3) Adopt any emission limit or emission control requirement
applicable to the portable equipment.
(4) Except as provided in Section 41755, enforce any emission
limit or emission control requirement applicable to the portable
equipment.
(c) The state board, in consultation with affected districts,
shall amend the state implementation plan as necessary to include the
statewide registration program and conform the state implementation
plan to its requirements.