Amended in Senate April 29, 2014

Amended in Senate March 24, 2014

Senate BillNo. 1415


Introduced by Senator Hill

February 21, 2014


An act to amendbegin insert, repeal, and addend insert Section 40262 of the Health and Safety Code, relating to the Bay Area Air Quality Management District.

LEGISLATIVE COUNSEL’S DIGEST

SB 1415, as amended, Hill. Bay Area Air Quality Management District: advisory council.

(1) Existing law establishes the Bay Area Air Quality Management District, which is vested with the authority to regulate air emissions located in the boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara and portions of the Counties of Solano and Sonoma. Existing law establishes a district board to govern the district.

Existing law also establishes the Bay Area Air Quality Managementbegin insert Advisoryend insert Council, which consists ofbegin insert the chair of the district board andend insert 20 members appointed by the district board, as specified, for the purposes of advising and consulting with the district board and air pollution control officer in the implementation of their authority to regulate air emissions.

This billbegin insert, beginning July 1, 2015, would abolish the membership of the council,end insert wouldbegin delete limitend deletebegin insert reconstitute the membership ofend insert the council tobegin insert includeend insert 7 appointed members,begin delete would no longer allow for members of the general public to be appointed under specified circumstances,end delete and wouldbegin delete additionallyend delete require thebegin delete inclusion ofend delete membersbegin delete who areend deletebegin insert to beend insert skilled and experienced in the fields of air pollution, climate change, or the health impacts of airbegin delete pollution. The bill would require members to be selectedend deletebegin insert pollution andend insert to include a diversity of perspectives, expertise, and backgrounds. By adding to the duties of the district, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete
P2    1

SECTION 1.  

Section 40262 of the Health and Safety Code is
2amended to read:

3

40262.  

The council shall consist of the following:

4(a) Chair of the bay district board, who shall serve as an ex
5officio member.

6(b) Seven members who shall be skilled and experienced in the
7fields of air pollution, climate change, or the health impacts of air
8pollution. Members shall be selected to include a diversity of
9perspectives, expertise, and backgrounds.

end delete
10begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 40262 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

40262.  

begin insert(a)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insert The council shall consist of thebegin delete chairmanend deletebegin insert chairend insert
13 of the bay district board, who shall serve as an ex officio member,
14and 20 members who preferably are skilled and experienced in the
15field of air pollution, including at least three representatives of
16public health agencies, at least four representatives of private
17organizations active in conservation or protection of the
18environment within the bay district, and at least one representative
19of colleges or universities in the state and at least one representative
20of each of the following groups within the bay district: regional
21park district, park and recreation commissions or equivalent
22agencies of any city, public mass transportation system, agriculture,
23industry, community planning, transportation, registered
P3    1professional engineers, general contractors, architects, and
2organized labor.

begin delete

3To

end delete

4begin insert(2)end insertbegin insertend insertbegin insertToend insert the extent that suitable persons cannot be found for each
5of the specified categories specified in paragraph (1), council
6members may be appointed from the general public.

begin insert

7(b)This section shall become inoperative on July 1, 2015, and,
8as of January 1, 2016, is repealed, unless a later enacted statute,
9that becomes operative on or before January 1, 2016, deletes or
10extends the dates on which it becomes inoperative and is repealed.

end insert
11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 40262 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
12to read:end insert

begin insert
13

begin insert40262.end insert  

The council shall consist of the following:

14(a) The chair of the bay district board, who shall serve as an
15ex officio member.

16(b) Seven members who shall be skilled and experienced in the
17fields of air pollution, climate change, or the health impacts of air
18pollution. Members shall be selected to include a diversity of
19perspectives, expertise, and backgrounds.

20(c) This section shall become operative on July 1, 2015.

end insert
21begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

Notwithstanding Section 40263 of the Health and Safety
22Code, the term appointments of the members of the Bay Area Air
23Quality Management Advisory Council as it exists on June 30,
242015, shall terminate as of July 1, 2015.

end insert
25

begin deleteSEC. 2.end delete
26begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.



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