BILL NUMBER: SB 719 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2007
INTRODUCED BY Senators Machado and Florez
FEBRUARY 23, 2007
An act to amend Section 40600 of the Health and Safety Code,
relating to air quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 719, as amended, Machado. San Joaquin Valley Unified Air
Pollution Control District: district board membership.
(1) Existing law establishes the San Joaquin Valley Unified Air
Pollution Control District formed by the Counties of Fresno, Kern,
Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare, and
consisting of the Counties of Fresno, Kings, Madera, Merced, San
Joaquin, Stanislaus, and Tulare, and that portion of the County of
Kern that is within the San Joaquin Valley Air Basin, as a single
integrated agency with all staff under one centralized management
structure that is able to implement programs on a basinwide basis.
Existing law requires the district to be governed by a district board
composed of a total of 11 voting members. Of those members, existing
law requires 8 members to be appointed by each of the Counties of
Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and
Tulare. The remaining 3 members are appointed by cities within the
territory of the district, based on region and population.
This bill would increase the membership of the district board to
15 members. In addition to the existing 8 county members, the bill
would require the appointment of 2 5
city council members by the cities within the territory of the
district, based solely on region and
population. The bill would require 3 other city council
members to be appointed to the district board by a majority vote of
the City Councils of Fresno, Bakersfield, and Stockton, one member to
be appointed by each city council. The bill would require
2 public members to be appointed to the district board by the
Governor, with the advice and consent of the Senate , as
prescribed . The bill would require each member to be
appointed in accordance with certain requirements, and would prohibit
a member from designating an alternate for any purpose or otherwise
being represented by another person in his or her capacity as a
member of the district board. The bill would require all members to
be residents of the district. Because of the additional duties this
bill would require of the district, the 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 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 40600 of the Health and Safety Code is amended
to read:
40600. (a) The San Joaquin Valley Unified Air Pollution Control
District formed by the Counties of Fresno, Kern, Kings, Madera,
Merced, San Joaquin, Stanislaus, and Tulare pursuant to Chapter 3
(commencing with Section 40150), and consisting of the Counties of
Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare,
and that portion of the County of Kern that is within the San Joaquin
Valley Air Basin, is a single integrated agency with all staff under
one centralized management structure that is able to implement
programs on a basinwide basis, and has all of the following:
(1) An individual air pollution control officer who is responsible
for the issuance of all permits by the unified district.
(2) A single budget for the unified district with resources
allocated based on the program needs of the San Joaquin Valley Air
Basin.
(3) A uniform fee structure.
(4) Three hearing boards established pursuant to Section 40800.
One hearing board shall serve the northern region, one shall serve
the central region, and one shall serve the southern region, as
defined by the unified district board. Identical policies governing
the operation of each hearing board shall be established by the
unified district board and shall be binding upon each hearing board.
(5) A citizen's advisory committee.
(b) Rules and regulations adopted by the San Joaquin Valley
Unified Air Pollution Control District are binding on all counties
within the unified district. The unified district shall enforce all
permits issued by the unified district and all permits issued by the
individual county districts prior to formation of the unified
district. The unified district shall review, revise, adopt, and
implement any air pollution control plans required within the San
Joaquin Valley Air Basin by state and federal law.
(c) Notwithstanding any other provision of law, the San Joaquin
Valley Unified Air Pollution Control District shall be governed by a
district board composed of 15 voting members, appointed as follows:
(1) Eight members, one of whom shall be appointed by each of the
Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin,
Stanislaus, and Tulare. The board of supervisors of each of those
counties shall, by majority vote, appoint one of its members to serve
as a member of the district governing board.
(2) Two city council members appointed by the cities within the
territory of the unified district. There shall not be more than one
city council member selected from one county. Of the two city council
members appointed pursuant to this paragraph, one shall be from a
city having a population of less than 40,000, and one shall be from a
city having a population of 40,000 or more that is not specifically
authorized to appoint a member to the board under this section.
(3) The following cities shall each appoint, by majority vote of
the city council, one of its city council members to serve as a
member of the district governing board:
(A) The City of Fresno.
(B) The City of Bakersfield.
(C) The City of Stockton.
(2) Five city council members appointed by the cities within the
territory of the unified district. There shall not be more than one
city council member selected from one county. Of the five city
council members appointed pursuant to this paragraph, three shall be
from a city having a population of less than 100,000, with one member
selected from the northern region, one from the central region, and
one from the southern region of the district. The other two city
council members appointed pursuant to this paragraph shall be from a
city having a population of 100,000 or more, with each member
selected from different regions of the district.
(3) The terms of office for members appointed pursuant to
paragraph (2) after April 1, 2007, shall be three years.
(4) Two public members appointed by the Governor, with the advice
and consent of the Senate, as follows:
(A) One public member who is a physician, actively practicing
within the district, whose daily practice or research specialty lies
in the health effects of air pollution on vulnerable populations.
(B) One public member who has expertise in environmental
engineering, chemistry, or meteorology, and who is a specialist in
the public health impacts of air pollution.
(5) For the appointment of members appointed pursuant to paragraph
(4), the Governor shall solicit recommendations for potential
candidates from the physician public health officers of the eight
counties in the district. Prior to appointing a member under
paragraph (4), the Governor shall submit the names of all potential
candidates to each public health officer for their review and advice.
A majority of the public health officers shall provide a
recommendation to the Governor.
(B) One public member who has medical or scientific expertise in
the health effects of air pollution.
(6)
(5) The terms of office for the members initially
appointed pursuant to subparagraphs (A) and (B) of paragraph (4)
shall be as follows:
(A) For the member appointed pursuant to subparagraph (A) of
paragraph (4), the term shall be four years.
(B) For the member appointed pursuant to subparagraph (B) of
paragraph (4), the term shall be two years.
(7)
(6) After the initial term of appointment, the terms of
office for the members appointed pursuant to subparagraphs (A) and
(B) of paragraph (4) shall be four years.
(d) Each member shall be appointed on the basis of his or her
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 San Joaquin
Valley Air Basin.
(e) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the district board,
to discharge all duties and responsibilities of a member of the
district board on a regular basis, and to participate actively in the
affairs of the district. A member shall not designate an alternate
for any purpose or otherwise be represented by another person in his
or her capacity as a member of the district board.
(f) Each appointment by a board of supervisors or city council
shall be considered and acted on at a duly noticed, regularly
scheduled hearing of the board of supervisors or city council, which
shall provide an opportunity for testimony on the qualifications of
the candidates for appointment.
(g)
(f) All members shall be residents of the district.
SEC. 2. 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.