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:  8/21/12 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 
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          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, 


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             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.


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           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, 

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            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

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