BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 146| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 146 Author: Dickinson (D) Amended: 8/21/12 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 increases the size of the Air Resource Board (ARB) from 11 to 12 members. This bill also requires that one member be from 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. Senate Floor Amendments of 8/21/12 increase the size of the CONTINUED AB 146 Page 2 ARB from 11 to 12 members by maintaining the one board member from any other air pollution control district (APCD) or air quality management district (AQMD), and adding a member representing one of the specified APCDs or AQMDs in the Sacramento region. ANALYSIS : 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 (Núñez 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, CONTINUED AB 146 Page 3 F. One board member from each of the following air districts: 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 APCDs 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, 2006) 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. CONTINUED AB 146 Page 4 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/22/12) American Lung Association Breathe California Sacramento Area Council of Governments Sacramento Metropolitan Air Quality Management District Sacramento Metropolitan Chamber of Commerce The Cleaner Air Partnership 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, 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, CONTINUED AB 146 Page 5 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:k 8/22/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED