BILL NUMBER: AB 2015 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 28, 2006
AMENDED IN SENATE JUNE 13, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
AMENDED IN ASSEMBLY MARCH 21, 2006
INTRODUCED BY Assembly Member Lieu
(Coauthors: Assembly Members Jerome Horton, Koretz, and Oropeza)
(Coauthor: Senator Kuehl)
FEBRUARY 10, 2006
An act to amend Section 40420 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2015, as amended, Lieu Air quality: South Coast Air Quality
Management District: board membership.
(1) Existing law, the Lewis-Presley Air Quality Management Act,
establishes the South Coast Air Quality Management District, in those
portions of the Counties of Los Angeles, Orange, Riverside, and San
Bernardino included within the South Coast Air Basin, as the sole and
exclusive local agency with the responsibility for comprehensive air
pollution control within that basin. Existing law requires the south
coast district to be governed by a district board consisting of 12
members, including 3 members appointed, one each, by the city
selection committees of Orange, Riverside, and San Bernardino
Counties, one member appointed by cities in the western region of the
County of Los Angeles, and one member appointed by the cities in the
eastern region of the County of Los Angeles. Under existing law, the
specified cities in the western and eastern regions of Los Angeles
County are required to organize a city selection committee, one per
region, and hold a public meeting to determine the appointment from
each region. Existing law prescribes the cities, including Los
Angeles, that comprise the western region of the County of Los
Angeles, and provides that those cities not included in the western
region are deemed to constitute the eastern region for the purpose of
appointing members to the district board.
This bill would increase the number of members on the south coast
district board from 12 to 13 by adding one new member appointed by
the mayor of the City of Los Angeles from the members of the city
council of the City of Los Angeles. The bill would add the Cities of
Calabasas and Malibu to, and exclude Los Angeles from, the list of
cities included in the western region of the County of Los Angeles.
Because the bill would impose additional duties on cities within the
south coast district, this bill would establish a state-mandated
local program.
The bill would require, except under specified
circumstances, the board member appointed by the city selection
committee of the western region of Los Angeles County to be deemed to
be the member appointed to the board by the Mayor of the City of Los
Angeles, and that a new member be appointed from the western region,
as specified.
(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.
(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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40420 of the Health and Safety Code, as added
by Section 2 of Chapter 686 of the Statutes of 2003, is amended to
read:
40420. (a) The south coast district shall be governed by a
district board consisting of 13 members appointed as follows:
(1) One member appointed by the Governor, with the advice and
consent of the Senate.
(2) One member appointed by the Senate Committee on Rules.
(3) One member appointed by the Speaker of the Assembly.
(4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:
(A) A member of the board of supervisors of the county making the
appointment.
(B) A mayor or member of a city council from a city in the portion
of the county making the appointment that is included in the south
coast district.
(5) Three members appointed by cities in the south coast district.
The city selection committees of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members, who
shall be either a mayor or a member of the city council of a city in
the portion of the county included in the south coast district.
(6) A member appointed by the cities of the western region of Los
Angeles County, consisting of the Cities of Agoura Hills, Avalon,
Beverly Hills, Calabasas, Carson, Compton, Culver City, El Segundo,
Gardena, Hawthorne, Hermosa Beach, Hidden Hills, Inglewood, Lawndale,
Lomita, Malibu, Manhattan Beach, Palos Verdes Estates, Rancho Palos
Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Santa
Monica, Torrance, West Hollywood, and Westlake Village. These cities
shall organize as a city selection committee for the purposes of
subdivision (f), and shall be known as the city selection committee
of the western region of Los Angeles County. The member appointed
shall be either a mayor or a member of the city council of a city in
the western region.
(7) A member appointed by the cities of the eastern region of Los
Angeles County, consisting of the cities in Los Angeles County that
are not listed in paragraph (6) or (8). These cities shall organize
as a city selection committee for the purposes of subdivision (f),
and shall be known as the city selection committee of the eastern
region of Los Angeles County. The member appointed shall be either a
mayor or a member of the city council of a city in the eastern
region.
(8) A member appointed by the mayor of the City of Los Angeles
from among the members of the Los Angeles City Council.
(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 air pollution problems of the South Coast
Air Basin.
(c) The member appointed by the Governor shall be either a
physician who has training and experience in the health effects of
air pollution, an environmental engineer, a chemist, a meteorologist,
or a specialist in air pollution control.
(d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast
district board, to discharge all duties and responsibilities of a
member of the south coast district board on a regular basis, and to
participate actively in the affairs of the south coast district. No
member may designate an alternate for any purpose or otherwise be
represented by another in his or her capacity as a member of the
south coast district board.
(e) Each appointment by a board of supervisors shall be considered
and acted on at a duly noticed, regularly scheduled hearing of the
board of supervisors, which shall provide an opportunity for
testimony on the qualifications of the candidates for appointment.
(f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the
applicable city selection committee, which shall meet in a government
building and provide an opportunity for testimony on the
qualifications of the candidates for appointment. Each appointment
shall be made by not less than a majority of all the cities in the
portion of the county included in the south coast district having not
less than a majority of the population of all the cities in the
portion of the county included in the south coast district.
Population shall be determined on the basis of the most recent
verifiable census data developed by the Department of Finance.
Persons residing in unincorporated areas or areas of a county outside
the south coast district shall not be considered for the purposes of
this subdivision.
(g) The members appointed by the Senate Committee on Rules and the
Speaker of the Assembly shall have one or more of the qualifications
specified in subdivision (c) or shall be a public member. None of
those appointed members may be a locally elected official.
(h) All members shall be residents of the district.
SEC. 2. (a) Notwithstanding any other provision of law, the person
who is the member of the board of the South Coast Air Quality
Management District who was last appointed to the board by the city
selection committee of the western region of Los Angeles County
pursuant to paragraph (6) of subdivision (a) of Section 40420 of the
Health and Safety Code immediately prior to June
30, 2006, shall be deemed to be the member appointed to the board
pursuant to paragraph (8) of subdivision (a) of Section 40420 of the
Health and Safety Code for a term that expires on January 1, 2011. If
that person ceases to be a member of the Los Angeles City Council,
that person also shall cease to be a member of the
board and the mayor of the City of Los Angeles shall appoint a
new member pursuant to paragraph (8) of subdivision (a) of Section
40420 of the Health and Safety Code.
(b) Notwithstanding any other provision of law, the city selection
committee of the western region of Los Angeles County shall convene
promptly after January 1, 2007, to appoint a member to the board of
the South Coast Air Quality Management District pursuant to Section
40420 of the Health and Safety Code, for a term that expires on
January 1, 2010.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.