SB 382 — Agricultural burning: consistency with no burn days.
Last action — Stricken from Senate file.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards. Existing law designates the state board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law prohibits agricultural burning, as defined, unless a valid permit has been issued from an agency designated by the state board. Existing law allows the state board to determine days when agricultural burning will be prohibited in any particular air basin. Even when issued, existing law provides that agricultural burn permits are not valid on days during which agricultural burning has been prohibited by the state board. Existing law requires the state board, in consultation with the districts, to identify, develop, and adopt a list of the most cost-effective measures that could be employed by the state board and the districts to reduce emissions of particulate matter from area sources, including emissions from woodstoves and fireplaces. Currently, the San Joaquin Valley Unified Air Pollution Control District has adopted a rule implementing episodic wood burning curtailment which prohibits the operation of wood burning fireplaces and heaters on certain days. This bill would provide that an agricultural burn permit for burning within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District is invalid on days in which the district prohibition on the operation of wood burning devices is in effect. This bill would require all permits issued within the district to contain a warning regarding this provision. This bill would prohibit the San Joaquin Valley Unified Air Pollution Control District from making any rules that would enable any person to burn agricultural waste on any day during which any program operated by the district has prohibited the operation of a wood burning device.
Bill Text
- Enrolled 09/04/09 - Enrolled Current pdf September 04, 2009
- Amended 05/05/09 - Amended Senate pdf May 05, 2009
- Amended 03/31/09 - Amended Senate pdf March 31, 2009
- Introduced 02/26/09 - Introduced pdf February 26, 2009
- SB382 View text html
Action History
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Stricken from Senate file.
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In Senate. To unfinished business. (Veto)
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Vetoed by Governor.
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Enrolled. To Governor at 9 p.m.
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In Senate. To enrollment.
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Read third time. Passed. (Ayes 47. Noes 30. Page 2938.) To Senate.
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Read second time. To third reading.
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(Heard in committee on July 6.)
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From committee: Do pass. (Ayes 5. Noes 3.)
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To Com. on NAT. RES.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 23. Noes 14. Page 891.) To Assembly.
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Read second time. Amended. To third reading.
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From committee: Do pass as amended. (Ayes 5. Noes 2. Page 754.)
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Set for hearing May 4.
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From committee: Do pass, but first be re-referred to Com. on EQ. (Ayes 4. Noes 1. Page 582.) Re-referred to Com. on EQ.
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From committee with author's amendments. Read second time. Amended. Re-referred to Com. on F. & A.
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Set for hearing April 21.
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To Coms. on F. & A. and EQ.
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From print. May be acted upon on or after March 28.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Florez · Primary
- Pavley · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No
Sponsors (1)
- Florez
Co-sponsors (1)
- Pavley
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 31 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 56 | 33 | 0 | 2 |
| % of votes cast | 62% | 36% | 0% | 2% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Carter | — | Yea |
| Chesbro | — | Yea |
| Coto | — | Yea |
| Evans | — | Yea |
| Feuer | — | Yea |
| Furutani | — | Yea |
| Charles | — | Yea |
| Hernandez | — | Yea |
| Hill | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Block | — | Yea |
| Davis | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Lieu | — | Yea |
| Ma | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Conway | — | Nay |
| Bill | — | Nay |
| Tom | — | Nay |
| Fuller | — | Nay |
| Galgiani | — | Nay |
| Fletcher | — | Nay |
| Audra | — | Nay |
| Garrick | — | Nay |
| Cook | — | Nay |
| Hagman | — | Nay |
| Hall | — | Not Voting |
| Jeffries | — | Nay |
| Anderson | — | Nay |
| Duvall | — | Nay |
| Miller | — | Nay |
| Nestande | — | Nay |
| Smyth | — | Nay |
| Tran | — | Nay |
| Adams | — | Nay |
| Ammiano | — | Yea |
| Bass | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Nay |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Not Voting |
| Harkey | — | Nay |
| Hayashi | — | Yea |
| Knight | — | Nay |
| Krekorian | — | Yea |
| Logue | — | Nay |
| Nielsen | — | Nay |
| Ruskin | — | Yea |
| Silva | — | Nay |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Torrico | — | Yea |
| Villines | — | Nay |
| Emmerson | — | Nay |
| Eng | — | Yea |
| DeVore | — | Nay |
| Yamada | — | Yea |
| Fuentes | — | Yea |
| Gilmore | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bill Berryhill | — | Nay |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 3 | 0 | 1 |
| Total | 6 | 3 | 0 | 1 |
| % of votes cast | 60% | 30% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| De | — | Yea |
| Leon | — | Yea |
| Huffman | — | Yea |
| Knight | — | Nay |
| Chesbro | — | Not Voting |
| Logue | — | Nay |
| Brownley | — | Yea |
| Hill | — | Yea |
| Skinner | — | Yea |
| Gilmore | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 13 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 24 | 14 | 0 | 2 |
| % of votes cast | 60% | 35% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Florez | — | Yea |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Corbett | — | Yea |
| Ducheny | — | Yea |
| Negrete | — | Yea |
| Cedillo | — | Not Voting |
| Wyland | — | Nay |
| Runner | — | Nay |
| Harman | — | Nay |
| Cogdill | — | Nay |
| Huff | — | Nay |
| McLeod | — | Yea |
| Ashburn | — | Nay |
| Cox | — | Nay |
| Dutton | — | Nay |
| Oropeza | — | Yea |
| Pavley | — | Yea |
| Romero | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Nay |
| Wiggins | — | Yea |
| Wolk | — | Not Voting |
| Wright | — | Yea |
| Aanestad | — | Nay |
| Alquist | — | Yea |
| Benoit | — | Nay |
| Hollingsworth | — | Nay |
| Liu | — | Yea |
| Maldonado | — | Yea |
| Simitian | — | Yea |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 4 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Nay |
| Corbett | — | Yea |
| Hancock | — | Yea |
| Ashburn | — | Nay |
| Simitian | — | Yea |
| Pavley | — | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Pavley | — | Yea |
| Hollingsworth | — | Nay |
| Maldonado | — | Yea |
| Florez | — | Yea |
Subjects
Frequently asked questions
- What does SB 382 do?
- Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards. Existing law designates the state board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law prohibits agricultural burning, as defined, unless a valid permit has been issued from an agency designated by the state board. Existing law allows the state board to determine days when agricultural burning will be prohibited in any particular air basin. Even when issued, existing law provides that agricultural burn permits are not valid on days during which agricultural burning has been prohibited by the state board. Existing law requires the state board, in consultation with the districts, to identify, develop, and adopt a list of the most cost-effective measures that could be employed by the state board and the districts to reduce emissions of particulate matter from area sources, including emissions from woodstoves and fireplaces. Currently, the San Joaquin Valley Unified Air Pollution Control District has adopted a rule implementing episodic wood burning curtailment which prohibits the operation of wood burning fireplaces and heaters on certain days. This bill would provide that an agricultural burn permit for burning within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District is invalid on days in which the district prohibition on the operation of wood burning devices is in effect. This bill would require all permits issued within the district to contain a warning regarding this provision. This bill would prohibit the San Joaquin Valley Unified Air Pollution Control District from making any rules that would enable any person to burn agricultural waste on any day during which any program operated by the district has prohibited the operation of a wood burning device.
- Who sponsors SB 382?
- SB 382 is sponsored by Florez and Pavley.
- What is the current status of SB 382?
- This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 382?
- Track SB 382 free on One Click Politics — get push/email alerts when it moves.
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