BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 146 (Dickinson) Hearing Date: 08/15/2011 Amended: 07/01/2011 Consultant: Brendan McCarthy Policy Vote: EQ 4-1 _________________________________________________________________ ____ BILL SUMMARY: AB 146 adds two members to the Air Resources Board, one new member must have training or expertise in climate change-related matters and the other new member must be a representative from one of several air districts in the Central Valley. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Salary and travel costs$20 $40 $40 Special * for new members Staff support for new Up to $150 per year Special * members * Air Pollution Control Fund. _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File. The Air Resources Board has eleven members, appointed by the Governor and approved by the Senate. The Chair of the Air Resources Board is a full time position, while the remaining members are part-time members. Current law specifies required backgrounds for members of the Board. For example, one member must have training in automotive engineering, one member must be a physician or have expertise in public health, two members represent the general public, and five members represent various regional air pollution control districts. AB 146 adds two new members to the Air Resources Board. The AB 146 (Dickinson) Page 1 first new member must have expertise in climate change-related issues. The second new member must be a member of one of the following air districts: the Sacramento Metropolitan Air Quality Management District, the Placer County Air Pollution Control District, the Yolo-Solano Air Quality Management District, the Feather River Air Quality Management District, or the El Dorado County Air Pollution Control District. The Air Resources Board indicates that it will incur additional costs of about $40,000 per year to provide salary and per diems to the climate change-related member (salary and per diems for Air Resources Board members that represent local air districts are paid by the local district). In addition, the Board anticipates additional costs to support the new members. The staff of the Air Resources Board spends a significant amount of time providing support to members of the Board. For example, before each monthly Board meeting, staff provides detailed briefings on the issues to be discussed. Due to requirements of the Bagley-Keene Open Meeting Act (beginning at Section 11120 of the Government Code), members of the Board are prohibited from meeting as a group outside of noticed public meetings. This requirement, plus scheduling issues, often requires the Board members to be briefed individually by staff before each meeting. In addition, state laws and Air Resources Board policies on ex-parte communications between Board members and members of the public require a significant amount of record keeping on those contacts. Finally, staff provides research and background materials whenever Board members make presentations to outside groups or conferences. The Air Resources Board indicates that providing this level of support to two additional Board members will require up to the equivalent of one additional position (at a cost of about $150,000 per year). AB 135 (Hagman) requires one existing member of the Air Resources Board to be or have been a small business owner. That bill will be heard in this committee. AB 1221 (Jones, 2005) was substantially similar to this bill. That bill was vetoed by Governor Schwarzenegger. AB 146 (Dickinson) Page 2