BILL NUMBER: AB 2328	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2010

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 amended, 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 
of the state board  to be an owner of a small business  as
defined  . The bill would also make various technical,
nonsubstantive  charges   changes  .
   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, 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) Commencing on and after January 1, 2011, at least one of the
11 board members shall be an owner of a small business, as defined in
Section 14837 of the Government Code.  
   (d) 
    (e)  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) 
    (f)  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.