BILL ANALYSIS
AB 2328
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2328 (Niello) - As Amended: April 19, 2010
Policy Committee: Natural
ResourcesVote:7-2
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires that, beginning with the first appointment
made after January 1, 2011, at least one of the 11 members of
the Air Resources Board (ARB) be a small business owner.
FISCAL EFFECT
Negligible cost, if any.
COMMENTS
1)Rationale . The author contends that small business should be
guaranteed representation on ARB's board. This is because
small businesses, which make up the bulk of businesses and
employment in California, are greatly affected by ARB
regulations. Furthermore, and unlike large businesses with
ample resources, individual small businesses often lack the
money, time or staffing to represent themselves before the
board. Requiring that one member of the board be a small
business owner will ensure, the author concludes, that the
board will better consider the perspectives of small business
when developing clean air rules.
2)Background . Existing law establishes ARB within the
California Environmental Protection Agency. The ARB is
responsible for controlling emissions from motor vehicles as
well as enforcing federal air pollution regulations. The
board consists of 11 members appointed by the governor and
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,
AB 2328
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who are defined as any California resident that is not an
elected official. ARB staff reports that two of ARB's current
11 board members are small business owners.
3)Support. The only registered support for this bill on file is
from O&M industries, Inc., a contractor and fabricator based
in Arcata.
4)Opposition. The bill is opposed by several environmental and
public health organizations, who contend it is unfair to
elevate the interests of small businesses over the interest of
other constituents-such as low-income communities, those
suffering from respiratory ailments and small farmers-who are
also affected by ARB regulations and who also face challenges
in representing themselves before the board.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081