BILL NUMBER: SB 1548	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2008
	AMENDED IN SENATE  MARCH 25, 2008

INTRODUCED BY   Senator Florez

                        FEBRUARY 22, 2008

   An act to amend Section 40600 of  , and to add Section 40600.5
to,  the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1548, as amended, Florez. San Joaquin Valley Unified Air
Pollution Control District: city selection committee.
   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 15 voting members. Of those members, existing
law requires 5 members to be appointed by cities within the
territory of the district, based on region and population.
   This bill would  require the cities within the territory
of the unified district to organize as   create  a
 local  city selection committee to appoint these members
 pursuant to specified requirements  , thereby imposing a
state-mandated local program. 
   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.  
   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) (A) Five city council members appointed by the cities within
the territory of the unified district. The cities within the
territory of the unified district shall organize as a city selection
committee for the purposes of this paragraph. The city selection
committee shall appoint, by majority vote at a public hearing, the
members required by this paragraph. The district may provide
logistical support to the city selection committee for the purposes
of this paragraph. There shall not be more than one city council
member selected from one 
    (2)     Five city council members appointed
by the special city selection committee created pursuant to Section
40600.5. The special city selection committee shall not appoint more
than one city council member representing a city located in the same
 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. 
   (B) The city selection committee shall appoint a new member to
fill any vacancy for the remainder of the term where any member
appointed pursuant to this paragraph leaves before the end of the
term. 
   (3) The terms of office for members appointed pursuant to 
subparagraph (A) of  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 medical or scientific expertise in
the health effects of air pollution.
   (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.
   (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) All members shall be residents of the district. 
   (g) Any vacancy in the office of a member of the district board
shall be filled promptly by the appointing authority.  
   (h) As used in this section, the following terms have the
following meanings:  
   (1) "Central region" means the Counties of Fresno, Kings, and
Madera.  
   (2) "Northern region" means the Counties of Merced, San Joaquin,
and Stanislaus.  
   (3) "Southern region" means the Counties of Kern and Tulare. 

   SEC. 2.    Section 40600.5 is added to the  
Health and Safety Code   , to read:  
   40600.5.  (a) The special city selection committee is hereby
created to appoint city council members to the district board. The
membership of the special city selection committee shall consist of
the mayor of each city that is located within the territory of the
unified district. The members of the special city selection committee
shall serve without receiving compensation from the unified
district, but a member may be compensated by the city that he or she
represents.
   (b) If a mayor is unable to attend a meeting of the special city
selection committee, he or she shall designate a member of the city
council to attend and vote at the meeting in his or her place.
   (c) A majority of the total membership of the special city
selection committee shall constitute a quorum for the transaction of
business. A majority vote of the total membership of the special city
selection committee is required for the special city selection
committee to take action.
   (d) The special city selection committee shall appoint from among
its members a chair, one or more vice chairs, and any other officers
that it deems necessary. The chair shall preside over the meetings of
the special city selection committee and the vice chair shall
preside in the chair's absence.
   (e) The special city selection committee may adopt rules for the
conduct of its activities. These rules may include, but are not
limited to, the procedures for nominating and appointing city council
members to the district board.
   (f) The meetings of the special city selection committee are
subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code).
   (g) The unified district's air pollution control officer shall act
as the special city selection committee's permanent secretary and
maintain the records of the actions of the special city selection
committee. The minutes of the special city selection committee shall
record the aye and no votes taken by its members for all motions and
appointments.
   (h) At least two weeks before the date of any meeting of the
special city selection committee, the air pollution control officer
shall give notice of the meeting to each city that is located within
the territory of the unified district. The notice shall contain the
time, date, and place of the meeting, along with a brief general
description of the business to be transacted or discussed at the
meeting. The air pollution control officer shall also give notice to
any person who has filed a written request for notice. The air
pollution control officer may give notice in any other manner that he
or she deems necessary or desirable. 
   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.  
  SEC. 2.    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.