Amended in Senate August 2, 2016

Amended in Senate June 8, 2016

Amended in Assembly April 29, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 197


Introduced by Assembly Member Eduardo Garcia

January 28, 2015


An act to add Article 7.6 (commencing with Section 9147.10) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, and to amend Section 39510 of, and to add Sections 38562.5 and 38562.7 to, the Health and Safety Code, relating to air resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 197, as amended, Eduardo Garcia. State Air Resources Board: greenhouse gases.

(1) Existing law establishes the State Air Resources Board consisting of 14 members and vests the state board with regulatory jurisdiction over air quality issues.

This bill would add 2 Members of the Legislature to the state board asbegin delete ex-officio,end deletebegin insert ex officio,end insert nonvoting members. The bill would provide that the voting members of the state board are appointed for staggered 6-yearbegin delete terms.end deletebegin insert terms and upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to specified requirements.end insert The bill would require the state board to establish the initial staggered terms. The bill would create the Joint Legislative Committee on Climate Change Policies consisting of 3 Members of the Senate and 3 Members of the Assembly and would require the committee to ascertain facts and make recommendations to the Legislature and to the houses of the Legislature concerning the state’s programs and policies related to climate change

(2) The California Global Warming Solutions Act of 2006 designates the state board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act requires the board to adopt greenhouse gas emissions limits and emission reduction measures by regulation, and authorizes the state board to include the use of market-based compliance mechanisms to comply with the regulations.

This bill would require the state board to consider adopting measures to meet the greenhouse gas emissions limits based on a specified priority. The bill would require the state board to rank all greenhouse gas emissions reduction measures, as specified. The bill would require the state board to make available to the public all data related to the ranking and to provide annually a presentation of the ranking at one of its regular meeting.

(3) This bill would become operative only if SB 32 of the 2015-16 Regular Session is enacted and becomes effective on or before January 1, 2017.

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

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

P2    1

SECTION 1.  

Article 7.6 (commencing with Section 9147.10)
2is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the 3Government Code, to read:

4 

5Article 7.6.  Joint Legislative Committee on Climate Change
6Policies
7

 

8

9147.10.  

(a) The Joint Legislative Committee on Climate
9Change Policies is hereby created. The committee shall ascertain
10facts and make recommendations to the Legislature concerning
11the state’s programs and policies related to climate change.

12(b) The committee shall consist of three Members of the Senate
13and three Members of the Assembly who shall be selected in the
14manner provided for in the Joint Rules of the Senate and Assembly.
P3    1The committee shall elect its own chair. A vacancy occurring in
2the membership of the committee shall be filled in the manner
3provided for in the Joint Rules of the Senate and Assembly. A
4vacancy is deemed to exist as to any member of the committee
5whose term is expiring whenever the member is not reelected at
6the general election.

7

SEC. 2.  

Section 38562.5 is added to the Health and Safety
8Code
, to read:

9

38562.5.  

The state board shall consider adopting measures to
10achieve the statewide greenhouse gas emissions limits adopted
11pursuant to this division based on the following priority:

12(a) Measures that result in direct reductions in the emissions of
13greenhouse gases from large stationary sources, such as oil
14refineries, and the transportation sector in the most technologically
15feasible andbegin delete cost effectiveend deletebegin insert cost-effectiveend insert manner possible that
16accounts for the societal costs of the emissions of greenhouse
17gases.

18(b) Measures that result in direct reductions in the emissions of
19greenhouse gases from sources other than those specified in
20subdivision (a) in the most technologically feasible andbegin delete cost
21effectiveend delete
begin insert cost-effectiveend insert manner possible that accounts for the
22societal costs of the emissions of greenhouse gases.

23

SEC. 3.  

Section 38562.7 is added to the Health and Safety
24Code
, to read:

25

38562.7.  

(a) The state board shall rank all emission reduction
26measures adopted pursuant to this part based on both of the
27following:

28(1) The reductions in the emissions of greenhouse gases, criteria
29pollutants, and toxic air contaminants resulting from the
30implementation of the measure.

31(2) The cost-effectiveness of the measure.

32(b) The state board shall make available to the public all data
33related to its ranking pursuant to subdivision (a) and annually
34provide a presentation on the ranking at a regular meeting of the
35state board.

36

SEC. 4.  

Section 39510 of the Health and Safety Code is
37amended to read:

38

39510.  

(a) The State Air Resources Board is continued in
39existence in the California Environmental Protection Agency. The
40state board shall consist of 14 voting members.

P4    1(b) Twelve members shall be appointed by the Governor, with
2the consent of the Senate, on the basis of their demonstrated interest
3and proven ability in the field of air pollution control and their
4understanding of the needs of the general public in connection
5with air pollution problems.

6(c) Of the members appointed pursuant to subdivision (b), six
7members shall have the following qualifications:

8(1) One member shall have training and experience in
9automotive engineering or closely related fields.

10(2) One member shall have training and experience in chemistry,
11meteorology, or related scientific fields, including agriculture or
12law.

13(3) One member shall be a physician and surgeon or an authority
14on health effects of air pollution.

15(4) Two members shall be public members.

16(5) One member shall have the qualifications specified in
17paragraph (1), (2), or (3) or shall have experience in the field of
18air pollution control.

19(d) Of the members appointed pursuant to subdivision (b), six
20members shall be board members from districts who shall reflect
21the qualitative requirements of subdivision (c) to the extent
22practicable. Of these members:

23(1) One shall be a board member from the south coast district.

24(2) One shall be a board member from the bay district.

25(3) One shall be a board member from the San Joaquin Valley
26Unified Air Pollution Control District.

27(4) One shall be a board member from the San Diego County
28Air Pollution Control District.

29(5) One shall be a board member from the Sacramento district,
30the Placer County Air Pollution Control District, the Yolo-Solano
31Air Quality Management District, the Feather River Air Quality
32Management District, or the El Dorado County Air Pollution
33Control District.

34(6) One shall be a board member of any other district.

35(e) The Senate Committee on Rules and the Speaker of the
36Assembly shall each appoint one member to the state board who
37shall be a person who works directly with communities in the state
38that are most significantly burdened by, and vulnerable to, high
39levels of pollution, including, but not limited to, communities with
P5    1diverse racial and ethnic populations and communities with
2low-income populations.

3(f) Any vacancy shall be filled by the appointing authority within
430 days of the date on which it occurs. If the Governor fails to
5make an appointment for any vacancy within the 30-day period,
6the Senate Committee on Rules may make the appointment to fill
7the vacancy in accordance with this section.

8(g) While serving on the state board, all members shall exercise
9their independent judgment as officers of the state on behalf of the
10interests of the entire state in furthering the purposes of this
11division. A member of the state board shall not be precluded from
12voting or otherwise acting upon any matter solely because that
13member has voted or acted upon the matter in his or her capacity
14as a member of a district board, except that a member of the state
15board who is also a member of a district board shall not participate
16in any action regarding his or her district taken by the state board
17pursuant to Sections 41503 to 41505, inclusive.

18(h) (1) Except for initial staggered terms that shall be
19established by the state board, the term of office for the voting
20members shall be six years.begin insert Upon expiration of the term of office
21of a voting member, the appointing authority may reappoint that
22member to a new term of office, subject to the requirement of
23subdivision (b), if applicable.end insert

24(2) Notwithstanding paragraph (1), a person who is a member
25of the state board pursuant to subdivision (d) shall not continue as
26a member if he or she ceases to hold the membership that qualifies
27that person to be appointed as a member of the state board. The
28membership on the state board held by that person shall terminate
29immediately upon ceasing to hold that qualifying membership.

30(i) In addition to subdivision (a), two Members of the Legislature
31shall serve asbegin delete ex-officio,end deletebegin insert ex officio,end insert nonvoting members of the state
32board. One member shall be appointed by the Senate Committee
33on Rules. One member shall be appointed by the Speaker of the
34Assembly.

35

SEC. 5.  

This act shall become operative only if Senate Bill 32
36of the 2015-16 Regular Session is enacted and becomes effective
37on or before January 1, 2017.



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