BILL ANALYSIS
AB 1672
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Date of Hearing: March 22, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1672 (Jeffries) - As Introduced: January 20, 2010
SUBJECT : State Air Resources Board: election of board members
SUMMARY : Requires members of the Air Resources Board (ARB) to
be elected by district.
EXISTING LAW establishes ARB within the California Environmental
Protection Agency (CalEPA) and provides for appointment of 11
members by the Governor according to specified qualifications.
Members serve at the pleasure of the Governor and are subject to
confirmation by the Senate. Members serve part-time, with the
exception of the Chair, who is appointed by the Governor and
serves full-time. ARB's primary duties are controlling motor
vehicle emissions, coordinating activities of air districts for
the purposes of the federal Clean Air Act, and implementing the
California Global Warming Solutions Act (AB 32).
THIS BILL :
1)Finds and declares that reestablishing ARB as an elected body
will provide greater accountability.
2)Repeals existing provisions governing appointment of ARB
members effective January 1, 2013.
3)Provides that, beginning with the November 2012 statewide
general election, ARB members shall be elected from 11
districts drawn by the ARB. Does not provide for a primary
election and requires election of the candidate receiving the
most votes in the general election (i.e. there may be more
than two candidates on the ballot, with the winner receiving
less than a majority of votes cast.)
4)Eliminates general qualifications (i.e. demonstrated interest
and proven ability in the field of air pollution control,
understanding of the needs of the general public in connection
with air pollution problems) and specific qualifications (i.e.
automotive engineering, science, physician, and
representatives of specified local air districts) currently
applicable to ARB members.
AB 1672
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5)Provides that each member shall serve a four-year term, except
five members selected by lot whose initial term shall be two
years. Does not provide for any limit on the number of terms
a member may serve.
6)Provides that ARB is a non-partisan office.
7)Prohibits members from designating an alternate for any
purpose.
8)Requires the Governor to call a special election to fill a
vacancy and requires the costs of the special election be paid
by ARB from penalty revenues.
9)Requires ARB itself to draw the 11 districts on or before
January 1, 2012, based on 2010 census data. Does not provide
for revision of the district boundaries. Requires the costs
of drawing districts be paid by ARB from penalty revenues.
10)Provides that ARB is an independent department in state
government and ARB's removal from CalEPA shall not affect its
employees.
11)Requires the Governor to select the Chairperson.
FISCAL EFFECT : Unknown, but likely significant state and local
costs for administering the elections of ARB members.
COMMENTS :
Intended independence and direct accountability to voters is
compromised by selection of Chairperson by the Governor. This
bill creates the unusual circumstance where an elected
officeholder is subject to appointment and control by the
Governor. Subordinating the Chairperson to the Governor defeats
the independence this bill is intended to create and would allow
the Governor to exert control over the entire board by
controlling which board member receives a full-time, salaried
position.
Election process creates an unfunded mandate for counties and
significant new cost pressures for ARB. This bill would require
a complex array of new ballot types, creating significant costs.
In addition, conducting special elections and drawing districts
AB 1672
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create significant costs for ARB, which will have an incentive
to increase penalties to pay for them, or face cuts to air
pollution control programs necessary to achieve federal
requirements and secure federal funding.
Conflict with AB 2328 (Niello). AB 2328, pending in this
committee, amends the same section as this bill to require that
one of the public members appointed by the Governor be an owner
of a small business.
REGISTERED SUPPORT / OPPOSITION :
Support
5 Individuals
Opposition
American Lung Association of California
California League of Conservation Voters
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092