BILL ANALYSIS Ó
AB 1288
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Date of Hearing: September 11, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1288
(Atkins) - As Amended September 10, 2015
SUBJECT: Air resources
SUMMARY: Add two appointments to the Air Resources Board (ARB)
to represent environmental justice communities.
EXISTING LAW:
1)Establishes ARB and provides for appointment of 12 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).
2)Establishes the following specific qualifications for board
members:
AB 1288
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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.
f) One board member from each of the following air
districts:
i) South Coast Air Quality Management District
(SCAQMD);
ii) Bay Area Quality Management District (BAAQMD);
iii) San Joaquin Valley Air Pollution Control District
(SJVAPCD);
iv) San Diego County Air Pollution Control District
(SDAPCD);
v) A district in the Sacramento federal nonattainment
area; and,
vi) Any other district.
3)Establishes county air pollution control districts 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.
AB 1288
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THIS BILL requires the Senate Committee on Rules and the Speaker
of the Assembly to each appoint one member to the ARB. The
appointees must work directly with communities in the state that
are most significantly burdened by, and vulnerable to, high
levels of pollution, including communities with diverse racial
and ethnic populations and low-income populations.
FISCAL EFFECT: Unknown
COMMENTS: According to the Office of Environmental Health
Hazard Assessment (OEHHA), approximately eight million
Californians (21%) live in zip codes that are considered "highly
impacted" by environmental, public health, and socioeconomic
stressors. Nearly half of all Californians live within six
miles of a facility that is a significant greenhouse gas emitter
(46%), and are disproportionately people of color (62%).
Throughout California, people of color face a 50% higher risk of
cancer from ambient concentrations of air pollutants listed
under the Clean Air Act. These impacts are felt by all
Californians. ARB estimates that air pollution exposure
accounts for 19,000 premature deaths, 280,000 cases of asthma,
and 1.9 million lost work days every year.
Current law provides primary responsibility for control of air
pollution, other than from vehicular sources, to local air
districts. These districts include county air pollution control
districts (APCDs), unified APCDs (two or more contiguous
counties that are part of county districts are merged), and
regional APCDs (two or more counties become part of a regional
district), and sets requirements for governing board membership
that generally includes members who are mayors or city council
members, or both, and members who are county supervisors. The
number of members and composition must be determined jointly by
the county (or counties) and cities within a district, with
certain exceptions.
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Control of vehicular sources is generally the responsibility of
the ARB. The ARB is the state agency charged with coordinating
efforts to attain and maintain ambient air quality standards, to
conduct research in air pollution issues, "and to systematically
attack the serious problem caused by motor vehicles, which is
the major source of air pollution in many areas of the state."
The ARB also has responsibilities for implementing the
California Global Warming Solutions Act of 2006. The ARB
consists of 12 members, and 6 of those 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: SCAQMD, BAAQMD, SJVAQMD, SDAPCD, a board
member from a district located within the Sacramento federal
nonattainment area, and a board member from any other district.
This bill is intended to ensure that ARB is able to effectively
integrate the needs and perspectives of California's diverse
residents by adding two new members to the ARB that are
appointed by the Speaker of the Assembly and the Senate Rules
Committee who work directly with communities in the state that
are most effected by high levels of pollution, including
communities with diverse racial and ethnic populations and
low-income populations.
REGISTERED SUPPORT / OPPOSITION:
AB 1288
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Support
None on file (current version)
Opposition
None on file (current version)
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092