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
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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
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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
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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