BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1288
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|Author: |Atkins |
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|Version: |9/10/2015 |Hearing |9/11/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rebecca Newhouse |
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SUBJECT: California Air Resources Board.
ANALYSIS:
Existing law establishes the Air Resources Board (ARB) with 12
members appointed by the Governor with consent of the Senate.
Of the 12 members, six must have specified qualifications and
six must be board members from air districts.
This bill expands the membership of ARB from 12 to 14 members,
and requires:
1)Two members of ARB be appointed by the Senate Committee on
Rules and the Speaker of the Assembly, respectively; and
2)Those members work directly with communities in the state that
are most significantly burdened by, and vulnerable to, high
levels of pollution, including, but not limited to, racially
and ethnically diverse communities and low-income communities.
Background
Air Resources Board. The Air Resources Board was created in
1967 through the Mulford-Carrell Act, which combined two
Department of Health bureaus, the Bureau of Air Sanitation and
the Motor Vehicle Pollution Control Board.
AB 1062 (Costa, Chapter 579, Statutes of 1993) added a public
member and a permanent member representing the San Joaquin
Valley Unified Air District, to increase the board's membership
AB 1288 (Atkins) Page 2
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from 9 to 11.
In 2012, AB 146 (Dickinson, Chapter 522, Statutes of 2012)
expanded the board membership from 11 to 12, adding a
requirement that one member represent an air district in the
Sacramento region.
Six of the board members must have certain qualifications
(e.g., automotive engineering; chemistry, meteorology, or
related field; surgeon or an authority on health effects). The
other 6 members must be board members from the following
entities: South Coast AQMD, Bay Area AQMD, San Joaquin Valley
AQMD, San Diego APCD, one of six Sacramento region air
districts, and a board member from any other district. These
board members must reflect the "qualitative requirements" of
the other 6 members to the extent practicable.
The Board members serve part-time, except the Chairperson, who
serves full-time.
Comments
Expertise in air quality? Current law requires all 12 members
of the ARB to be appointed by the Governor, "on the basis of
their demonstrated interest and proven ability in the field of
air pollution control and their understanding of the needs for
the general public in connection with air pollution problems."
As noted in the background, current law also requires that six
of the board members have certain specified qualifications or
expertise that relate to ARB's mission and regulatory charge and
requires that the other six members representing air districts
reflect those qualifications to the extent practicable.
AB 1288 expands the membership by two, and requires that those
members be persons who work directly with pollution burdened and
vulnerable populations, but does not require those persons have
any experience, interest, or proven ability, in the field of air
pollution control.
Furthermore, AB 1288 does not require the two members added to
the board to have any expertise, but only that they be persons
who work directly with pollution burdened and vulnerable
communities. It is unclear in what capacity they are required
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to work with these communities. For example, a question arises
whether a person who operates a business in one of these
communities, but has no expertise in air quality, public health,
or impacts of pollution, could qualify for board membership.
As ARB's stated mission is "To promote and protect public
health, welfare and ecological resources through the effective
and efficient reduction of air pollutants while recognizing and
considering the effects on the economy of the state," should the
two board members added by AB 1288 also be subject to the same
general requirements regarding interest and ability in the field
of air pollution control as the current 12 members?
SOURCE: Author
SUPPORT:
Asian Pacific Environmental Network
California Environmental Justice Alliance
Center for Race Poverty and the Environment
Communities for a Better Environment
OPPOSITION:
None received
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