BILL ANALYSIS
AB 2328
Page 1
Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2328 (Niello) - As Introduced: February 10, 2010
SUBJECT : State Air Resources Board: public membership: small
business owner.
SUMMARY : Requires that one of the two public members of the Air
Resources Board (ARB) be a small business owner.
EXISTING STATE LAW establishes the ARB within the California
Environmental Protection Agency (CalEPA). The ARB is
responsible for controlling emissions from motor vehicles as
well as enforcing federal air pollution regulations. The board
consists of 11 members who are appointed by the Governor and are
subject to confirmation by the Senate. With the exception of
the chair, all other members are part-time positions. Two of
the 11 members appointed by the Governor are "public" members,
who are defined as any California resident that is not an
elected official.
EXISTING FEDERAL LAW requires the ARB to administer an
Ombudsman's Office that serves as a general resource to small
businesses, large businesses, trade associations, and to
individual community members regarding air quality regulations.
THIS BILL requires that one of the two public members of the ARB
appointed by the Governor be the owner of a small business which
is generally defined by the California Employment Development
Department (EDD) to be any incorporated business with less than
100 employees.
FISCAL EFFECT : Unknown
COMMENTS :
The ARB has resources for small businesses needing to comply
with state air quality standards. For example, the ARB website
has information specific to small businesses on how to interpret
and comply with air quality regulations that aim to comply with
the greenhouse gas reduction measures, such as AB 32, that are
enacted by the Legislature. Specifically, the ARB provides
AB 2328
Page 2
information regarding the California Capital Access Program
within the California Pollution Control Financing Authority.
This program can ensure bank loan awards up to $1.5 million in
an individual loan to small businesses for energy efficiency
upgrades such as the acquisition of land, building renovation,
building construction, and equipment purchases. Previously, the
ARB provided over $1 billion in funding for truck and bus diesel
vehicles through the Carl Moyer, the Proposition 1B Goods
Movement Emission Reduction, and the Lower Emission School Bus
Programs. These programs, among others, provide non-competitive
grants to vehicle owners for vehicle upgrades including exhaust
retrofits and vehicle replacement.
The ARB has resources for small businesses wanting to
participate in the creation of new air quality regulations, and
to comment on regulations in the process of formulation. During
the formulation of any air quality regulation regarding state
policy that is first created by the state legislature, the ARB
publicly announces any new regulations on their website and
allows for 45 days of public comment, either electronically or
via regular mail, before the board meets for a public hearing
prior to voting to adopt the policy. This public comment period
is open to any member of the community, including small business
owners. All public comments on pending ARB policies are posted
publicly on the ARB website. In addition, the ARB holds public
hearings subsequent to the 45 day comment period for any new
pending air quality regulation policy, where any members of the
public, including small business owners, may voice concerns and
questions before the board member prior to a board vote. In
addition, the ARB accepts proposals for new policies from the
public as well as from the legislature. Small businesses are
welcome to submit new ideas for policy, or for policy changes,
to the ARB in this manner.
As mentioned above, the ARB is federally mandated to house an
Ombudsman Office (OO) where small and large businesses, trade
associations, and individual community members have a resource
for help on any aspect of the ARB regulatory process. Among its
provisions, the OO mission to the public includes education on
California's air quality management system, guidance on air
quality rules and regulations, assisting small businesses in
compliance with those regulations, and providing help toward
solutions when there is an air quality compliance problem.
AB 2328
Page 3
The ARB is currently required to include an additional impact
report specifically concerning small businesses in every new
regulation package that is sent to the California Office of
Administrative Law (OAL) which ensures that California agency
regulations are clear, necessary, legally valid, and available
to the public. The OAL oversees the publication and
distribution of the California Code of Regulations and the
California Regulatory Notice Register.
The ARB currently has 2 members that are small business owners
in addition to their existing board qualifications.
REGISTERED SUPPORT / OPPOSITION :
Support
O&M Industries, Inc.
Opposition
American Lung Association
Breathe California
Coalition for Clean Air
Natural Resources Defense Council
Sierra Club California
Union of Concerned Scientists
Analysis Prepared by : Jessica Westbrook / NAT. RES. / (916)
319-2092