BILL ANALYSIS Ó AB 146 Page 1 Date of Hearing: April 25, 2011 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 146 (Dickinson) - As Introduced: January 13, 2011 SUBJECT : State Air Resources Board: membership: chairperson SUMMARY : Increases the membership of the Air Resources Board (ARB) from 11 to 12, requires the additional member to be a board member from specified air districts in the Sacramento federal nonattainment area, and requires the chairperson to cast an additional vote if necessary to break a 6-6 tie. EXISTING LAW : 1)Establishes ARB and provides for appointment of 11 members by the Governor on the basis of interest and ability in the field of air pollution control, understanding of the needs of the general public in connection with air pollution problems, and additional specific qualifications. All 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). 2)Establishes the following specific qualifications for board members: a) One with training and experience in automotive engineering or a closely related field. b) One with training and experience in science, agriculture, or law. c) One who is a physician and surgeon, or health effects expert. d) One with experience in air pollution control, or meeting the qualifications of one of the three categories listed above. AB 146 Page 2 e) Two public members. f) One board member from each of the following air districts: i) South Coast Air Quality Management District (SCAQMD). ii) Bay Area Quality Management District (BAAQMD) iii) San Joaquin Valley Air Pollution Control District (SJVAPCD). iv) San Diego County Air Pollution Control District. v) Any other district. 3)Establishes county air pollution control districts in every county, unless the entire county is included within the Antelope Valley Air Quality Management District, the BAAQMD, the Mojave Desert Air Quality Management District, the SCAQMD, the SJVAPCD, a regional district, or a unified district. Requires air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by non-vehicular emission sources under their jurisdiction. THIS BILL : 1)Increases the board to 12 members and requires the additional member to be a board member from the Sacramento federal nonattainment area for ozone in either the Sacramento, Placer, Yolo-Solano, Feather River, or El Dorado air district. 2)Requires the Chair to break a tie vote by casting an additional vote if all 12 members are present and voting. FISCAL EFFECT : Unknown COMMENTS : 1)Assuring a seat on the state board for the Sacramento region. The U.S. EPA has designated the Sacramento region as a serious nonattainment area for ozone and particulate matter. According to supporters, Sacramento is the most populous nonattainment region in the state without a designated representative on the ARB. Mobile sources are the largest contributor to air pollution in the Sacramento region, so regulation of mobile sources is of vital interest to the local AB 146 Page 3 districts in their efforts to meet federal air pollution standards. 2)Tilting the balance of the state board. Currently, five of the 11 board members are air district representatives. Of the other six members, four are drawn from specific fields and two are public members, representing statewide interests. This bill would take the air districts out of the minority, giving them six of the 12 seats. 3)Some are more equal than others. Another consequence of adding a 12th member is the possibility of tie votes. This bill addresses that possibility with an unusual provision requiring the Chair to cast an additional vote in the case of a tie. 4)Prior legislation. In 2005, the Legislature approved AB 1221 (Jones), which was similar to this bill. As passed by the Assembly, AB 1221 added an air district member from the Sacramento region to the ARB. The bill was amended in the Senate to also add an expert on the effects of greenhouse gases on climate change. AB 1221 was vetoed by the Governor on the basis that the current composition of the ARB allowed for representation from Sacramento and an expert on greenhouse gases. 5)Suggested amendment. To preserve the non-district, statewide interest majority and avoid the possibility of tie votes, the author and the committee may wish to consider adding a 13th member with specific qualifications. Given the ARB's increased responsibilities in the area of climate change, it may be appropriate to follow the example of AB 1221 and require a member with training and experience in climate change and the reduction of greenhouse gas emissions. AB 146 Page 4 REGISTERED SUPPORT / OPPOSITION : Support American Lung Association Cleaner Air Partnership Feather River Air Quality Management District Placer County Air Pollution Control District Sacramento Regional Transit District Yolo-Solano Air Quality Management District Opposition Regional Council of Rural Counties Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916) 319-2092