BILL ANALYSIS Ó AB 1288 Page 1 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 Page 2 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 Page 3 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. AB 1288 Page 4 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 Page 5 Support None on file (current version) Opposition None on file (current version) Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916) 319-2092