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 AB 146 Page 2 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 AB 146 Page 3 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