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:









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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.









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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:








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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