BILL NUMBER: AB 2720 AMENDED 05/16/94 BILL TEXT AMENDED IN ASSEMBLY MAY 16, 1994 AMENDED IN ASSEMBLY APRIL 20, 1994 AMENDED IN ASSEMBLY MARCH 14, 1994 INTRODUCED BY Assembly Member Bornstein FEBRUARY 9, 1994 An act to {- add Section 40100.7 to -} {+ amend Sections 40101, 40158, 40374, 40701.5, and 41080 of, and to add Section 40100.7 to, +} the Health and Safety Code, relating to air pollution, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2720, as amended, Bornstein. Air pollution: {- county -} districts {- : board membership -} . (1) Existing law provides that, on and after July 1, 1994, the membership of the governing board of each county air pollution control district shall include both county supervisors and mayors or city council members, except as to any county district meeting specified population criteria. This bill would except a county district from that membership requirement if each city in the county consents to the exclusion of the district from the requirement {+ and would provide, in specified circumstances, for the establishment of an advisory committee by a county district, consisting of a mayor, or a city council member, from each city in the county +} . The bill would impose a state-mandated local program by imposing new duties on county boards of supervisors. {+ The bill would authorize a county district, a unified district, a regional district, and the Sacramento Metropolitan Air Quality Management District, to contract with a county or counties, in which those districts are functioning, to provide specified facilities and services. +} (2) {+ Existing law provides that funding for an air pollution control district or an air quality management district shall be derived from specified sources, including an annual per capita assessment on those cities which have agreed to have a member on the district board. This bill would provide that the expenses of a district that are not met by the specified funding sources shall be provided by the annual per capita assessment. (3) +} 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. This bill would provide that no reimbursement is required by this act for a specified reason. {- (3) -} {+ (4) +} The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40100.7 is added to the Health and Safety Code, to read: 40100.7. (a) On and after July 1, 1994, Section 40100.5 shall not apply to a county district if each city in the county consents, by the adoption of an ordinance or resolution, to the exclusion of the county district from the requirements of Section 40100.5. {+ Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the county to exclude the county district from the requirements of Section 40100.5, if requested by a majority of the cities in the county, the county district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the county. The members shall be selected by the city selection committee. +} (b) Subdivision (a) shall become inapplicable, and Section 40100.5 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the county, as established by the most recent census data, have adopted resolutions requesting the application of Section 40100.5. SEC. 2. {+ Section 40101 of the Health and Safety Code is amended to read: +} 40101. {+ (a) (1) +} The board of supervisors of a county in which a county district is functioning may appropriate funds to the county district, which funds shall be deposited in the treasury of the county district. {+ (2) +} All such appropriations are legal charges against the county. {+ (b) A county district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with the county in which the county district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county provided to the county district prior to July 1, 1994. +} {+ SEC. 3. Section 40158 of the Health and Safety Code is amended to read: +} 40158. {+(a) +} The board of supervisors of each county included, in whole or in part, within the unified district shall appropriate such funds as are necessary to carry out the purposes of the unified district, as determined by the unified district board, in accordance with the funding provisions specified in the agreement which created the unified district under Section 40151. {+ (b) A unified district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with a county or counties in which the unified district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county or counties provided to the unified district prior to July 1, 1994. +} {+ SEC. 4. Section 40374 of the Health and Safety Code is amended to read: +} 40374. {+ (a) (1) +} At any time prior to the first receipt by a regional district of revenues from taxation, the counties within the regional district may loan any available money to the regional district for purposes of organization and operation, and such expenditures shall constitute a proper expenditure of county funds. {+ (2) +} The regional district board shall add the sums of money so borrowed from the counties to the first amount apportioned by the regional district board pursuant to Section 40371, and shall repay the counties for all money borrowed from the first revenues received from taxation. {+ (b) A regional district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with a county or counties in which the regional district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those services that the county or counties provided to the regional district prior to July 1, 1994. +} {+ SEC. 5. Section 40701.5 of the Health and Safety Code is amended to read: +} 40701.5. (a) Funding for a district may be provided by, but is not limited to, any one or any combination of the following sources: (1) Grants. (2) Subventions. (3) Permit fees. (4) Penalties. (5) A surcharge or fee pursuant to Section 41081 or 44223 on motor vehicles registered in the district. {- (6) An -} {+ (b) Expenses of a district that are not met by the funding sources identified in subdivision (a), shall be provided by an +} annual per capita assessment on those cities which have agreed to have a member on the district board for purposes of Section 40100, 40152, 40322.5, 40704.5, or 40980 and on {+ the county or +} counties included within the district. Any annual per capita assessment imposed by the district on those cities and counties included within the district shall be imposed on an equitable per capita basis. {- (b) Paragraph (6) of subdivision (a) -} {+ (c) Subdivision (b) +} does not apply to the San Joaquin Valley Unified Air Pollution Control District or, if that unified district ceases to exist, the valley district. {+ SEC. 6. Section 41080 of the Health and Safety Code is amended to read: +} 41080. {+ (a) +} The Sacramento district may adopt a schedule of fees, levied on permitted and other sources of air pollution, subject to regulation by the Sacramento district, to recover its costs of implementing this chapter. {+ (b) The Sacramento district may contract with a county or counties, in which the Sacramento district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county or counties provided to the Sacramento district prior to July 1, 1994. +} {+ SEC. 7. +} No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the 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. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. {- SEC. 3. -} {+ SEC. 8. +} This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to except certain county air pollution control districts from required changes in the composition of the membership of county air pollution control district boards, which will become operative on July 1, 1994, it is necessary that this act take effect immediately.