BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1387 (De León) - Nonvehicular air pollution: market-based
incentive programs: South Coast Air Quality Management District
board
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|Version: April 7, 2016 |Policy Vote: E.Q. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 9, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 1387 requires an air pollution control or air
quality management district board (AQMD) to submit the following
to the State Air Resources Board (ARB) for review and approval:
(1) the district's plan for attainment of state and federal
ambient air quality standards or a revision to that plan and (2)
the district's market-based incentive program and any revisions
to that program. The bill also prescribes specified actions for
the ARB to take if it determines that either plan does not
comply with law. The bill also adds members to the district
board, as specified.
Fiscal Impact: Unknown, likely significant, costs to the ARB
(Air Pollution Control Fund).
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Background:1) Local air districts and their governing boards have primary
jurisdiction over air pollution from all sources in their air
basin, other than emissions from mobile sources. As prescribed
by state law, the SCAQMD board is made up of 13 members: three
appointed by the state (one each by the Senate Rules Committee,
the Speaker of the Assembly, and the Governor) and 10 appointed
by local governments, as prescribed in statute. The members of
the board serve four-year terms. Currently Dr. William Burke,
appointed by the Speaker of the Assembly, serves as the Chairman
of the SCAQMD Board.
Since the SCAQMD is a nonattainment region for particulate
matter (an area considered to have air quality worse than the
National Ambient Air Quality Standards) and in extreme
nonattainment for ozone, statute requires the district to adopt
a plan, the Air Quality Management Plan (AQMP), to achieve and
maintain the state and federal ambient air quality standards for
the South Coast air basin and submit this plan, subject to
approval, to the ARB for inclusion into the state implementation
plan (SIP). SIPs are comprehensive state plans required by the
federal Clean Air Act for states that have nonattainment
regions, detailing how regions will attain and maintain
attainment. The AQMP was originally adopted in 1982, and is
formally reviewed every two years. The SCAQMD is currently
working on the 2016 AQMP.
Proposed Law: This bill:
1) Strikes the January 1, 1993 date for plan or plan revision
submission, and requires any district plan or plan revision
achieve equivalent emission reductions and reduced cost and
job impacts compared to current command and control
regulations and future air quality measures that would
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otherwise have been adopted as part of the district's plan
for attainment.
2) Prohibits a district from implementing any revisions to an
adopted market-based incentive program, unless ARB determines
the plan or plan revision complies with the above
requirements.
3) Requires, if ARB determines a plan or plan revision does not
meet the specified requirements for a market-based incentive
program, that ARB do all the following:
a) Notify the district;
b) Revise the plan or plan revision so that it complies
with specified requirements; and
c) Approve the plan or plan revision.
4) Specifies that the above plan or plan revision approved by
ARB must take effect immediately and is binding on the
district.
5) Requires, if ARB determines a district rule does not meet the
specified requirements for a market-based incentive program,
ARB do all the following:
a) Notify the district;
b) Revise the rule so that it complies with specified
requirements; and
c) Adopt the rule.
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6) Specifies that the above rule approved by ARB must take
effect immediately and have the same legal force and effect
as a district rule.
7) Expands the SCAQMD Governing Board, from 13 to 16 members,
with the additional members appointed by the Governor, the
Senate Committee on Rules, and the Speaker of the Assembly.
8) Requires the above appointees be representatives 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.
Related Legislation: AB 1288 (Atkins, Chapter 586, Statutes of
2015) expanded the Board membership of ARB from 12 to 14
members, and required that those members be persons who work
directly with pollution-burdened and vulnerable communities.
Staff Comments: According to the author, "The SCAQMD is one of
the leading voices for clean air and climate pollution
reductions in the southern California region. In the past six
months, with its recent changes in governance, it has voted to
dismiss its longstanding executive officer and weaken clean air
regulations over its expert staff's recommendations. Outside
parties have worked to reduce diversity on the board and to
install a majority that is more concerned with polluters than
with public health. SB 1387 seeks to modernize the membership
of the governing board and to ensure the ARB can conduct speedy
oversight of any amendments to smoke stack regulations made by
the new board."
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