BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 719
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          Date of Hearing:   August 22, 2007

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                   SB 719 (Machado) - As Amended:  April 11, 2007 

          Policy Committee:                              Local  
          GovernmentVote:5-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill increases membership on the San Joaquin Valley Unified  
          Air Pollution Control District governing board from 11 members  
          to 15 members. It does so by increasing the number of members  
          representing city councils from three to five and by adding two  
          public members, appointed by the governor and subject to Senate  
          confirmation.  The bill also specifies that:

          1)Three of the five city members be from cities with a  
            population of less than 100,000, with one member selected from  
            each of the northern, central, and southern regions of the  
            district.

          2)The two new public members appointed by the governor must have  
            expertise in the health effects of air pollution, and that at  
            least one is a physician.

          3)All board members must be district residents, and be appointed  
            based on their demonstrated interest and proven ability in air  
            pollution control. 

           FISCAL EFFECT  

          Negligible state cost.

          Costs incurred by the district for additional board membership  
          or compliance with other provisions of this bill are not state  
          reimbursable, as the district has authority to levy fees or  
          charges to cover the costs mandated by this measure.

           COMMENTS  








                                                                  SB 719
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           1)Background  . Air pollution control districts (APCDs) and air  
            quality management districts regulate the stationary sources  
            of air pollution to meet state and federal air quality  
            standards. The size and make up of their governing boards vary  
            significantly from district to district. The San Joaquin APCD  
            was created in 1991, when eight San Joaquin valley counties  
            (Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus,  
            Tulare) combined their single-county APCDs into a unified  
            district.

            The San Joaquin APCD's board is made up of eight county  
            supervisors - one from each county in the district - and three  
            city council members.  Of the council members, one is from the  
            district's northern region, one is from the central region,  
            and one it from the southern region. Current law also requires  
            that one of the city council members come from a city with  
            population of less than 20,000, one from a city with  
            population between 20,000 and 50,000 and one from a city with  
            a population of more than 50,000. 

            San Joaquin Unified APCD board members are not required to  
            have science or health related expertise on air pollution.

           2)Rationale  . San Joaquin valley residents face some of the worst  
            air quality in the nation, and many have expressed frustration  
            regarding the pace of efforts to meet air quality standards in  
            the region. One concern is that, given the make up of the San  
            Joaquin Unified APCD governing board, existing members are  
            accountable to their local voters but not to the district as a  
            whole. The intent of the bill is to broaden membership and  
            perspective of the district's board. 

          The author states that this bill "helps the San Joaquin valley  
            face its challenging future by adding new perspective,  
            expertise, and accountability to air quality management  
            decisions, and by including representatives from the valley's  
            largest cities to more adequately reflect the valley's  
            changing demographics."

           3)Opponents  state that Sacramento should not be making  
            appointments to a board that has only local impacts. However,  
            state appointments to air districts are not unprecedented. The  
            governor, the Speaker of the Assembly, and the Senate Rules  
            Committee each have the authority to appoint one member to the  








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            South Coast Air Quality Management District governing board. 

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081