BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 146
                                                                  Page  1

          Date of Hearing:   May 18, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 146 (Dickinson) - As Amended:  May 2, 2011 

          Policy Committee:                              Natural 
          ResourcesVote:5-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill increases, from 11 to 13, the membership of the Air 
          Resources Board (ARB) to include one member from the Sacramento 
          federal nonattainment area for ozone and one expert on climate 
          change.

           FISCAL EFFECT  

          Minor annual costs to ARB in the tens of thousands of dollars to 
          pay per diem costs of the two additional board members.  

           COMMENTS  

           1)Rationale.   According to bill 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 interest to the local 
            districts in their efforts to meet federal air pollution 
            standards.  It is therefore appropriate to ensure that the 
            Sacramento region is represented on ARB.  
             
             In addition, the author agreed to amendments in policy 
            committee that the board include a member with expertise in 
            climate change because it is the focus of much of the board's 
            regulatory activity.

           2)Background.   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 








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            32).  Current law establishes ARB and provides for appointment 
            of 11 members by the governor.  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.  The board is comprised of 11 members, as follows:

             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.

             e)   Two public members.

             f)   One board member from each of the following air 
               districts:

               i)     South Coast Air Quality Management District.
               ii)    Bay Area Quality Management District.
               iii)   San Joaquin Valley Air Pollution Control District.
               iv)    San Diego County Air Pollution Control District.
               v)     Any other district.

           3)Related Legislation.   AB 1221 (Jones, 2005) would have added 
            two members to the board in a manner similar to this bill.  AB 
            1221 passed the Assembly 64-12 and the Senate 28-10 but was 
            vetoed by the governor, who cited the legal ability to include 
            members on the board from certain regions or who possess 
            expertise in climate change.

           4)Support.   This bill is supported by the American Lung 
            Association and air districts representing the greater 
            Sacramento region.

           5)Opposition.   This bill is opposed by the Regional Council of 
            Rural Counties, which contends the board membership envisioned 
            by the bill will continue to exclude rural areas from 








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            mandatory representation on the board (RCRC concluding that 
            the San Joaquin Valley Air Pollution Control District 
            represents a largely urbanized region).  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081