BILL NUMBER: AB 2328 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Niello
FEBRUARY 19, 2010
An act to amend Section 39510 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2328, as introduced, Niello. State Air Resources Board: public
membership: small business owner.
Existing law establishes in the California Environmental
Protection Agency the State Air Resources Board, which is responsible
for control of emissions from motor vehicles and is designated the
air pollution control agency for all purposes set forth in federal
law. Existing law requires the state board to consist of 11 members,
2 of whom shall be public members.
This bill would require one public member to be an owner of a
small business. The bill would also make various technical,
nonsubstantive charges.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39510 of the Health and Safety Code is amended
to read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their 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. Six members shall have the following
qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members. Beginning with the
first appointment made pursuant to this paragraph after January 1,
2011, one of the two public members shall be an owner of a small
business.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(c) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (b) to the extent
practicable. Of these five members, one shall be a board member from
the south coast district, one shall be a board member from the bay
district, one shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District or, if the unified
district is abolished, from the San Joaquin Valley Air Quality
Management District if created pursuant to Section 5 of Chapter 915
of the Statutes of 1994 , one shall be a board member from
the San Diego County Air Pollution Control District, and one shall be
a board member of any other district.
(d) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(e) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. No member of the state board shall be precluded from voting
or otherwise acting upon any matter solely because that member has
voted or acted upon the matter in his or her capacity as a member of
a district board, except that no member of the state board who is
also a member of a district board shall participate in any action
regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive.
(f) Notwithstanding subdivision (e) of Section 1 of Chapter 1201
of the Statutes of 1991, this section shall become operative on
January 1, 1994.