BILL NUMBER: AB 1431	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 27, 2009

    An act to add Section 44299.86 to the Health and Safety
Code, relating to air quality.   An act to amend
Sections 6710 and 6711 of the Business and Professions Code, relating
to geologists and geophysicists. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1431, as amended, Hill.  Air quality: Port of Oakland.
  Geologists and geophysicists.  
   Existing law establishes in the Department of Consumer Affairs a
Board for Professional Engineers and Land Surveyors, consisting of 13
members. Existing law requires that membership to include 5
engineers, one land surveyor, and 7 public members. Existing law
requires the Governor to appoint 5 of the public members and all of
the professional members. The Senate Rules Committee and the Speaker
of the Assembly are required to each appoint a public member. 

   Existing law requires the Board for Professional Engineers and
Land Surveyors to administer the Geologists and Geophysicists Act.
 
   This bill would rename the board as the Board for Professional
Engineers, Land Surveyors, Geologists and Geophysicists. The bill
would change the membership of the board to 14 to include a
professional member licensed under the Geologists and Geophysicists
Act.  
   Existing law establishes the California Port Community Air Quality
Program in the Bay Area Air Quality Management District and the
South Coast Air Quality Management District. The program requires
those districts to provide grants to offset the advanced introduction
costs of eligible projects that reduce onroad emissions of
particulate matter within communities adjacent to marine terminals or
ports within the jurisdiction of those districts.  

   This bill would require the Port of Oakland and entities involved
in goods movement at the Port of Oakland to establish emission
reduction strategies that are no less stringent than emission
reduction strategies employed at the Port of Los Angeles and the Port
of Long Beach. The bill requires the Bay Area Air Quality Management
District to determine, after consultation with the South Coast Air
Quality Management District and the State Air Resources Board,
whether the Port of Oakland and those entities have complied. By
requiring these local agencies to perform additional new duties, this
bill would impose 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 6710 of the   Business
and Professions Code  is amended to read: 
   6710.  (a)  There is in the Department of Consumer Affairs a Board
for Professional Engineers  and   ,  Land
Surveyors,  Geologists, and Geophysicists  which consists of
 13   14  members.
   (b)  Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers  and
  ,  Land Surveyors  , Geologists, and
Geophysicists  .
   (c)  This section shall become inoperative on July 1, 2011, and,
as of January 1, 2012, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
   SEC. 2.    Section 671   1 of the  
Business and Professions Code   is amended to read: 
   6711.  Each member of the board shall be a citizen of the United
States. Five members shall be registered under this chapter. One
member shall be licensed under the Land Surveyors' Act, Chapter 15
(commencing with Section 8700)  of this division  ,
 one member shall be licensed under the Geologists and
Geophysicists Act, Chapter 12.5 (commencing with Section 7800), 
and seven shall be public members who are not registered under this
act  , licensed under the Geologists and Geophysicists Act, 
or licensed under the Land Surveyors' Act. Each member, except the
public members, shall have at least 12 years active experience and
shall be of good standing in his profession. Each member shall be at
least 30 years of age, and shall have been a resident of this state
for at least five years immediately preceding his  or her 
appointment. 
  SECTION 1.    Section 44299.86 is added to the
Health and Safety Code, to read:
   44299.86.  (a) The Port of Oakland and entities involved in goods
movement at the Port of Oakland shall establish emission reduction
strategies that are no less stringent than emission reduction
strategies employed at the Port of Los Angeles and the Port of Long
Beach. For purposes of this section, "no less stringent" means
achieving a comparable quantity of emissions reductions.
   (b) The Bay Area Air Quality Management District shall determine,
after consultation with the South Coast Air Quality Management
District and the State Air Resources Board, whether the Port of
Oakland and the entities involved in goods movement at the Port of
Oakland have complied with subdivision (a).  
  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.