BILL ANALYSIS Ó
AB 1288
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(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB
1288 (Atkins)
As Amended September 10, 2015
Majority vote
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|ASSEMBLY: | |(June 3, 2015) |SENATE: | |(September 11, |
| | | | | |2015) |
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(vote not relevant) (vote not available)
Original Committee Reference: NAT. RES.
SUMMARY: Add two appointments to the Air Resources Board (ARB) to
represent environmental justice communities.
The Senate amendments delete the Assembly version of this bill, and
instead require the Senate Rules Committee 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
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pollution, including communities with diverse racial and ethnic
populations and low-income populations.
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 (Núñez, Chapter 488,
Statutes of 2006).
2)Establishes the following specific qualifications for board members:
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);
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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.
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
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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.
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.
Analysis Prepared by:
Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN:
0002440
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