Amended in Senate April 7, 2016

Senate Bill No. 1387

Introduced by begin delete Senator De León end delete begin insert Senators end insert begin insert De León, Allen, and Lara end insert

February 19, 2016

An act to amend begin delete Section 13104 of the Probate Code, relating to probate. end delete begin insert Sections 39616, 40420, end insert begin insert and 40424 of the Health and Safety Code, relating to nonvehicular air pollution. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1387, as amended, De León. begin delete Collection or transfer of personal property: affidavit procedure. end delete begin insert Nonvehicular air pollution: market-based incentive programs: South Coast Air Quality Management District board. end insert

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(1) Existing law authorizes the board of an air pollution control or air quality management district to adopt a market-based incentive program as an element of a district’s plan for the attainment of the state or federal ambient air quality standards. Existing law requires a district board, within 5 years from the date of the adoption of a market-based incentive program, to commence public hearings to reassess the program and, within 7 years from the date of the air district’s initial adoption of the program, to ratify specified findings with the concurrence of the State Air Resources Board.

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This bill instead would require a district board to submit to the State Air Resources Board for review and approval the district’s plan for attainment or a revision to that plan, as specified. The bill also would require a district board to submit to the state board for review and approval the district’s market-based incentive program and any revisions to that program, as specified. The bill would prescribe specified actions for the state board to take if the state board determines that a plan for attainment, a revision of a plan for attainment, a market-based incentive program, or a revision to a market-based incentive program do not comply with law. By adding to the duties of air districts, this bill would impose a state-mandated local program.

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(2) Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board, consisting of 13 members.

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This bill would add 3 members to the district board, as specified. The bill would make various conforming changes.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law requires, in order to collect money, receive tangible personal property, or have evidences of a debt, obligation, interest, right, security, or chose in action transferred under specified provisions, an affidavit or a declaration under penalty of perjury to be furnished to the holder of the decedent’s property stating certain information. Existing law requires reasonable proof of the identity of each person executing the affidavit or declaration to be provided to the holder of the decedent’s property, and authorizes the holder to, if the affidavit or declaration is executed in the presence of the holder, reasonably rely on specified information as reasonable proof of identity, including a passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service, as specified.

end delete begin delete

This bill would make nonsubstantive, technical changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 39616 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

39616.  

(a)  The Legislature hereby finds and declares all of
the following:

(1)  Several regions in California suffer from some of the worst
air quality in the United States.

(2)  While traditional command and control air quality regulatory
programs are effective in cleaning up the air, other options for
improvement in air quality, such as market-based incentive
programs, begin delete should end delete begin insert may end insert be explored, provided that those programs
result in begin delete equivalent end delete begin insert greater end insert emission reductions while begin delete expending
fewer resources and while maintaining or enhancing the state’s
economy. end delete begin insert ensuring disadvantaged communities, as identified
pursuant to Section 39711, are not disproportionately impacted
by pollution. end insert

(3)  The purpose of this section is to establish requirements
under which a district board may adopt market-based incentive
programs in a manner begin delete which end delete begin insert that end insert achieves the greatest air quality
improvement while strengthening the state’s economy and
preserving jobs.

(b)  (1)  A district board may adopt a market-based incentive
program as an element of the district’s plan for begin insert the end insert attainment of
the state or federal ambient air quality standards.

(2)  A market-based incentive program that satisfies the
conditions in this section may substitute for current command and
control regulations and future air quality measures that would
otherwise have been adopted as part of the district’s plan for
attainment, and may be implemented in lieu of some or all of the
control measures adopted by the district pursuant to Chapter 10
(commencing with Section 40910) of Part 3.

(c)  In adopting rules begin delete and regulations end delete to implement a
market-based incentive program, a district board shall, at the time
that the rules begin delete and regulations end delete are adopted, make express findings,
and shall, at the time that the rules begin delete and regulations end delete are submitted
to the state board, submit appropriate begin delete information, end delete begin insert information end insert to
substantiate the basis for making the findings that each of the
following conditions is met on an overall districtwide basis:

(1)  The program will result in an equivalent or greater reduction
in emissions at equivalent or less cost compared with current
command and control regulations and future air quality measures
that would otherwise have been adopted as part of the district’s
plan for attainment.

(2)  The program will provide a level of enforcement and
monitoring, to ensure compliance with emission reduction
requirements, comparable with command and control air quality
measures that would otherwise have been adopted by the district
for inclusion in the district’s plan for attainment.

(3)  The program will establish a baseline methodology that
provides appropriate credit so that stationary sources of air
pollution begin delete which end delete begin insert that end insert have been modified prior to implementation
of the program to reduce stationary source emissions are treated
equitably.

(4)  The program will not result in a greater loss of jobs or more
significant shifts from higher to lower skilled jobs, on an overall
districtwide basis, than that which would exist under command
and control air quality measures that would otherwise have been
adopted as part of the district’s plan for attainment. A finding of
compliance with this requirement may be made in the same manner
as the analyses made by the district to meet the requirements of
Section 40728.5.

(5)  The program will promote the privatization of compliance
and the availability of data in computer format. The district shall
endeavor to provide sources with the option to keep records by
way of electronic or computer data storage systems, rather than
mechanical begin delete devices end delete begin insert devices, end insert such as strip chart recorders.

(6)  The program will not in any manner delay, postpone, or
otherwise hinder district compliance with Chapter 10 (commencing
with Section 40910) of Part 3.

(7)  The program will not result in disproportionate impacts,
measured on an aggregate basis, on those stationary sources
included in the program compared to other permitted stationary
sources in the district’s plan for attainment.

(d)  (1)  A district’s plan for attainment or plan revision
submitted to the state board begin delete prior to January 1, 1993, end delete shall begin delete be
designed to end delete achieve equivalent emission reductions and reduced
cost and job impacts compared to current command and control
regulations and future air quality measures that would otherwise
have been adopted as part of the district’s plan for attainment. A
district shall not implement a market-based incentive program begin insert or
any revisions to an adopted market-based incentive program end insert unless
the state board has determined that the plan or plan revision
complies with this paragraph.

(2)   begin insert (A) end insert begin insert   end insert A plan or plan revision begin delete submitted on or after January
1, 1993, end delete shall begin delete be designed to end delete meet the provisions of subdivision
(c) and Section 40440.1 if applicable. The state board shall begin delete approve end delete
begin insert review, approve, disapprove, or amend and approve end insert the plan or
plan revision prior to program implementation, and shall make its
determination not later than begin delete 90 end delete begin insert 60 end insert days from the date of begin delete submittal end delete
begin insert submission end insert of the plan or plan revision.

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(B) (i) If the state board determines that a plan or plan revision
submitted pursuant to this paragraph does not comply with this
section, the state board within 60 days of the date of the submission
of the plan or plan revision, shall do all of the following:

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(I) Notify the district.

end insert begin insert

(II) Revise the plan or plan revision so that the plan or plan
revision complies with this section.

end insert begin insert

(III) Approve the plan or plan revision.

end insert begin insert

(ii) If the state board approves a plan or plan revision pursuant
to this subparagraph, the plan or plan revision shall take effect
immediately and be binding on the district.

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(3)   begin insert (A) end insert begin insert   end insert Upon the adoption of rules begin delete and regulations end delete to
implement the program in accordance with subdivision (c), the
district shall submit the rules begin delete and regulations end delete to the state board.
The state board shall, within 90 days from the date of begin delete submittal, end delete
begin insert submission, end insert determine whether the rules begin delete and regulations end delete meet the
requirements of this section and Section 40440.1, if applicable.
This paragraph does not prohibit the district from implementing
the program upon the approval of the plan or plan revision and
prior to begin delete submittal end delete begin insert submission end insert of the begin delete rules and regulations. end delete begin insert rules. end insert

begin insert

(B) (i) If the state board determines that a district rule does
not comply with this section, the state board, within 60 days of the
date of the submission of the rule, shall do all of the following:

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(I) Notify the district.

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(II) Revise the rule so that the rule complies with this section.

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(III) Adopt the rule.

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(ii) If the state board approves a rule pursuant to this
subparagraph, the rule shall take effect immediately and have the
same legal force and effect as a district rule.

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(e)  Within five years from the date of begin insert the end insert adoption of a
market-based incentive program, the district board shall commence
public hearings to reassess the program and shall, not later than
seven years from the date of the district’s initial adoption of the
program, ratify the findings required pursuant to paragraphs (1),
(2), (5), and (6) of subdivision (c) and the district’s compliance
with Section 40440.1, if applicable, with the concurrence of the
state board. If the district board fails to ratify the findings within
the seven-year period, the district board shall make appropriate
revisions to the district’s plan for attainment.

(f)  The district board shall reassess a market-based incentive
program if the market price of emission trading units exceeds a
predetermined level set by the district board. The district board
may take action to revise the program. A predetermined market
price review level shall be set in a public hearing in consideration
of the costs of command and control air quality measures that
would otherwise have been adopted as part of the district’s plan
for attainment, costs and factors submitted by interested parties,
and any other factors considered appropriate by the district board.
The district board may revise the market price review level for
emission trading units every three years during attainment plan
updates required under Section 40925. In revising the market price
review level, the district board shall consider the factors used in
setting the initial market price review level as well as other
economic impacts, including the overall impact of the program on
job loss, rate of business formation, and rate of business closure.

(g)  For sources not included in market-based incentive
programs, this section does not apply to, and shall in no way limit,
existing district authority to facilitate compliance with particular
emission control measures by imposing or authorizing sourcewide
emission caps, alternative emission control plans, stationary for
mobile source emission trades, mobile for mobile source emission
trades, and similar measures, whether imposed or authorized by
rule or permit condition.

(h)  This section does not apply to the implementation of
market-based transportation control measures begin delete which end delete begin insert that end insert do not
involve emissions trading.

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begin insert SEC. 2. end insert   

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begin insert Section 40420 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

40420.  

(a) The south coast district shall be governed by a
district board consisting of begin delete 13 end delete begin insert 16 end insert members appointed as follows:

(1)  begin delete One member end delete begin insert (A) end insert begin insert   end insert begin insert Two members end insert appointed by the Governor,
with the advice and consent of the Senate.

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(B) One member appointed pursuant to this paragraph shall be
a representative of a bona fide nonprofit environmental justice
organization that advocates for clean air and pollution reductions
in one or more communities within the South Coast Air Basin.

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(2)  begin delete One member end delete begin insert (A) end insert begin insert   end insert begin insert Two members end insert appointed by the Senate
Committee on Rules.

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(B) One member appointed pursuant to this paragraph shall be
a representative of a bona fide nonprofit environmental justice
organization that advocates for clean air and pollution reductions
in one or more communities within the South Coast Air Basin.

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(3)  begin delete One member end delete begin insert (A) end insert begin insert   end insert begin insert Two members end insert appointed by the Speaker
of the Assembly.

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(B) One member appointed pursuant to this paragraph shall be
a representative of a bona fide nonprofit environmental justice
organization that advocates for clean air and pollution reductions
in one or more communities within the South Coast Air Basin.

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(4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:

(A) A member of the board of supervisors of the county making
the appointment.

(B) A mayor or member of a city council from a city in the
portion of the county making the appointment that is included in
the south coast district.

(5) Three members appointed by cities in the south coast district.
The city selection committee of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members,
who shall be either a mayor or a member of the city council of a
city in the portion of the county included in the south coast district.

(6) A member appointed by the cities of the western region of
Los Angeles County, consisting of the Cities of Agoura Hills,
Artesia, Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills,
Calabasas, Carson, Cerritos, Commerce, Compton, Cudahy, Culver
City, Downey, El Segundo, Gardena, Hawaiian Gardens,
Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park,
Inglewood, La Habra Heights, La Mirada, Lakewood, Lawndale,
Lomita, Long Beach, Lynwood, Malibu, Manhattan Beach,
Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
South Gate, Torrance, Vernon, West Hollywood, Westlake Village,
and Whittier. These cities shall organize as a city selection
committee for the purposes of subdivision (f), and shall be known
as the city selection committee of the western region of Los
Angeles County. The member appointed shall be either a mayor
or a member of the city council of a city in the western region.

(7) A member appointed by the cities of the eastern region of
Los Angeles County, consisting of the cities in Los Angeles County
that are not listed in paragraph (6) or (8), and excluding the Cities
of Lancaster, Los Angeles, and Palmdale. These cities shall
organize as a city selection committee for the purposes of
subdivision (f), and shall be known as the city selection committee
of the eastern region of Los Angeles County. The member
appointed shall be either a mayor or a member of the city council
of a city in the eastern region.

(8) A member appointed by the Mayor of the City of Los
Angeles from among the members of the Los Angeles City
Council.

(b)  All members shall be appointed on the basis of their
demonstrated interest and proven ability in the field of air pollution
control and their understanding of the needs of the general public
in connection with air pollution problems of the South Coast Air
Basin.

(c) The member appointed by the Governor begin insert who is not the
member appointed pursuant to subparagraph (B) of paragraph
(1) of subdivision (a) end insert shall be either a physician who has training
and experience in the health effects of air pollution, an
environmental engineer, a chemist, a meteorologist, or a specialist
in air pollution control.

(d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast district
board, to discharge all duties and responsibilities of a member of
the south coast district board on a regular basis, and to participate
actively in the affairs of the south coast district. begin delete No end delete begin insert A end insert member begin delete may end delete
begin insert shall not end insert designate an alternate for any purpose or otherwise be
represented by another in his or her capacity as a member of the
south coast district board.

(e) Each appointment by a board of supervisors shall be
considered and acted on at a duly noticed, regularly scheduled
hearing of the board of supervisors, which shall provide an
opportunity for testimony on the qualifications of the candidates
for appointment.

(f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the city
selection committee, which shall meet in a government building
and provide an opportunity for testimony on the qualifications of
the candidates for appointment. Each appointment shall be made
by not less than a majority of all the cities in the portion of the
county included in the south coast district having not less than a
majority of the population of all the cities in the portion of the
county included in the south coast district. Population shall be
determined on the basis of the most recent verifiable census data
developed by the Department of Finance. Persons residing in
unincorporated areas or areas of a county outside the south coast
district shall not be considered for the purposes of this subdivision.

(g) The members appointed by the Senate Committee on Rules
and the Speaker of the Assembly begin insert who are not the members
appointed pursuant to subparagraph (B) of paragraph (2) or
subparagraph (B) of paragraph (3) of subdivision (a) end insert shall have
one or more of the qualifications specified in subdivision (c) or
shall be a public member. None of those appointed members may
be a locally elected official.

(h) All members shall be residents of the district.

(i) (1) The member who was serving on the district board as
of June 1, 2007, who had been appointed to represent the eastern
region of Los Angeles County shall be deemed on January 1, 2008,
to be the member appointed to represent the western region of Los
Angeles County pursuant to paragraph (6) of subdivision (a) and
shall serve from January 1, 2008, until the end of the term of office
for the member who had been appointed to represent the western
region of Los Angeles County. At the end of that term, the city
selection committee of the western region of Los Angeles County
shall make an appointment pursuant to paragraph (6) of subdivision
(a).

(2) The member who was serving on the district board as of
June 1, 2007, who had been appointed to represent the western
region of Los Angeles County shall be deemed on January 1, 2008,
to be the member appointed pursuant to paragraph (8) of
subdivision (a) until the end of that member’s term. At the end of
that term, the Mayor of the City of Los Angeles shall make an
appointment pursuant to paragraph (8) of subdivision (a).

(3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly
to make an appointment pursuant to paragraph (7) of subdivision
(a).

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begin insert SEC. 3. end insert   

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begin insert Section 40424 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

40424.  

(a)  Except as provided in subdivision (b), begin delete seven end delete begin insert nine end insert
members of the south coast district board shall constitute a quorum,
and no official action shall be taken by the south coast district
board except in the presence of a quorum and upon the affirmative
votes of a majority of the members of the south coast district board.

(b)  Notwithstanding subdivision (a), whenever there are two
or more vacancies on the south coast district board, begin delete six end delete begin insert eight end insert
members shall constitute a quorum, and the two vacant positions
shall not be counted toward the majority required for official action
by the south coast district board. Thereafter, whenever at least one
of those vacancies is filled, the quorum and voting requirements
of subdivision (a) shall apply.

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begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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SECTION 1.  

Section 13104 of the Probate Code is amended
to read:

13104.  

(a) Reasonable proof of the identity of each person
executing the affidavit or declaration shall be provided to the holder
of the decedent’s property.

(b) Reasonable proof of identity is provided for the purposes of
this section if both of the following requirements are satisfied:

(1) The person executing the affidavit or declaration is
personally known to the holder.

(2) The person executes the affidavit or declaration in the
presence of the holder.

(c) If the affidavit or declaration is executed in the presence of
the holder, a written statement under penalty of perjury by a person
personally known to the holder affirming the identity of the person
executing the affidavit or declaration is reasonable proof of identity
for the purposes of this section.

(d) If the affidavit or declaration is executed in the presence of
the holder, the holder may reasonably rely on any of the following
as reasonable proof of identity for the purposes of this section:

(1) An identification card or driver’s license issued by the
Department of Motor Vehicles that is current or was issued during
the preceding five years.

(2) A passport issued by the United States Department of State
that is current or was issued during the preceding five years.

(3) Any of the following documents if the document is current
or was issued during the preceding five years and contains a
photograph and description of the person named on it, is signed
by the person, and bears a serial or other identifying number:

(A) A passport issued by a foreign government that has been
stamped by the United States Customs and Border Protection.

(B) A driver’s license issued by a state other than California.

(C) An identification card issued by a state other than California.

(D) An identification card issued by any branch of the armed
forces of the United States.

(e) For the purposes of this section, a notary public’s certificate
of acknowledgment identifying the person executing the affidavit
or declaration is reasonable proof of identity of the person
executing the affidavit or declaration.

(f) Unless the affidavit or declaration contains a notary public’s
certificate of acknowledgment of the identity of the person, the
holder shall note on the affidavit or declaration either that the
person executing the affidavit or declaration is personally known
or a description of the identification provided by the person
executing the affidavit or declaration.

end delete