BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 146|
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                                 THIRD READING


          Bill No:  AB 146
          Author:   Dickinson (D)
          Amended:  8/30/11 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE :  4-1, 6/20/11
          AYES:  Simitian, Hancock, Kehoe, Lowenthal
          NOES:  Strickland
          NO VOTE RECORDED:  Blakeslee, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 8/25/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner
           
          ASSEMBLY FLOOR  :  51-26, 5/27/11 - See last page for vote


           SUBJECT  :    State Air Resources Board:  membership

           SOURCE  :     Author


           DIGEST  :    This bill provides that one of the 11 State Air 
          Resource Board members must alternate between a member from 
          a district within the Sacramento federal nonattainment area 
          for ozone in either 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.  Double 
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          jointed with 
          AB 135 (Hagman and Valadao).

           ANALYSIS  :    

          Existing law:

          1. Establishes State Air Resource Board (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 
             ÝNúñez and Pavley], Chapter 488, Statutes of 2006). 

          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; 

             E.    Two public members; and, 

             F.    One board member from each of the following air 
                districts: 


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                         South Coast Air Quality Management District 
                   (SCAQMD); 

                         Bay Area Quality Management District 
                   (BAAQMD); 

                         San Joaquin Valley Air Pollution Control 
                   District (SJVAPCD); 

                         San Diego County Air Pollution Control 
                   District; and, 

                         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.

          The United States Environmental Protection Agency 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 districts in 
          their efforts to meet federal air pollution standards.  

          A similar piece of legislation AB 1221 (Jones), 2005-06 
          Session, which would have added two more members to the ARB 
          was vetoed by Governor Schwarzenegger.  Provisions of AB 
          1221 were contained in a previous version of this bill but 
          were amended out.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No


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           SUPPORT  :   (Verified  8/30/11)

          American Lung Association
          Breathe California
          Feather River Air Quality Management District
          Placer County Air Pollution Control District
          Sacramento Area Council of Governments
          Sacramento Metropolitan Air Quality Management District
          Sacramento Metropolitan Chamber of Commerce
          The Cleaner Air Partnership
          Yolo-Solano Air Quality Management District

           OPPOSITION  :    (Verified  8/30/11)

          Regional Council of Rural Counties

           ARGUMENTS IN SUPPORT  :    According to the author, "The 
          Sacramento region is in violation of two key federal air 
          quality standards, one for ozone and another for 
          particulate matter.  It is the largest region in the state 
          without designated membership on the ARB.  The region's 
          fast-growing cities such as Elk Grove, Lincoln and 
          Roseville and its suburban areas generate substantial 
          vehicle miles traveled, and major interstate trucking 
          routes (Interstates 5 and 80) crisscross the region.  These 
          mobile emission sources are not directly regulated by local 
          air districts.  ARB is the state entity with jurisdiction 
          over vehicular sources."

          The author notes that "In order to meet stricter state and 
          federal air quality standards, urban areas such as 
          Sacramento has relied increasingly on statewide efforts 
          undertaken in consultation with multiple state agencies, 
          such as ARB, Caltrans, and the California Energy 
          Commission.  The region's 2+ million residents will benefit 
          from having a seat at the ARB table as these collaborative 
          efforts take shape at the state level."


           ASSEMBLY FLOOR  :  51-26, 5/27/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, 

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            Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. 
            Manuel Pérez, Portantino, Skinner, Solorio, Swanson, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, 
            Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, 
            Wagner
          NO VOTE RECORDED:  Davis, Gorell, Torres


          DLW:kc  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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