BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1288|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1288
Author: Atkins (D), et al.
Amended: 9/10/15 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE ENVIRONMENTAL QUAL. COMMITTEE: 5-0, 9/11/15
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Bates
SUBJECT: Air resources
SOURCE: Author
DIGEST: This bill expands the membership of Air Resources
Board (ARB) from 12 to 14 members, and requires that those
members be persons who work directly with pollution-burdened and
vulnerable communities.
ANALYSIS: Existing law establishes 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
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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. ARB 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 ARB's membership
from 9 to 11.
In 2012, AB 146 (Dickinson, Chapter 522, Statutes of 2012)
expanded ARB's 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
six members must be board members from the following entities:
South Coast Air Quality Management District (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 six 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
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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
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.
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." A question
arises as to whether the two new members added by AB 1288 should
also be subjected to the same general requirements as the
current12 members concerning demonstrated interest and proven
ability in the field of air pollution control.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
Unknown
SUPPORT: (Verified9/11/15)
Asian Pacific Environmental Network
California Environmental Justice Alliance
Center for Race Poverty and the Environment
Communities for a Better Environment
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OPPOSITION: (Verified9/11/15)
None received
Prepared by:Rebecca Newhouse / E.Q. / (916) 651-4108
9/11/15 19:19:57
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