Executive Order G-097 - District Repeal of State
No-Net-Increase Requirements (AB 3319)

This page last reviewed March 15, 2009

In 1996, Health and Safety Code sections 40918.5 and 40918.6 were adopted into State law (Assembly Bill 3319, 1996) to add provisions regarding local New Source Review implementation. Those provisions allow a local air pollution control district / air quality management district (except those with "extreme" non-attainment classifications) to repeal its State "no-net-increase" (offset) requirements for new and modified stationary sources if the district and the Air Resources Board take specified steps. Those steps include: 1) a district board making the finding that the "no-net-increase" program is not necessary to achieve and maintain State ambient air quality standards and 2) the Air Resources Board affirming the district's finding based on "quantifiable and substantial evidence." Additionally, State law (Health and Safety Code 40918.6) provides for periodic Air Resources Board reevaluation of the need for a district's "no-net-increase" program after its repeal, and for program reinstatement under specified circumstances. Executive Orders G-97-007-1 and G-97-007-2 granted conditional Air Resources Board approval to the repeal of the State "no-net-increase" programs of the Shasta County Air Quality Management District and the San Diego County Air Pollution Control District, respectively.

Executive Orders