BILL ANALYSIS �
AB 135
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Date of Hearing: April 4, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 135 (Hagman) - As Amended: March 15, 2011
SUBJECT : State Air Resources Board: membership: small
business owner
SUMMARY : Requires, until 2017, that at least one of the 11
members of the Air Resources Board (ARB) be a small business
owner who has owned the business for at least 10 years.
EXISTING LAW establishes ARB and provides for appointment of 11
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 specified qualifications. 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).
THIS BILL:
1)Requires that at least one of the 11 members of the ARB be a
current owner of a small business who has owned that small
business for at least 10 years.
2)Defines "small business" by reference as an independently
owned and operated business that is not dominant in its field
of operation, the principal office of which is located in
California, the officers of which are domiciled in California,
and which, together with affiliates, has 100 or fewer
employees, and average annual gross receipts of ten million
dollars ($10,000,000) or less over the previous three years,
or is a manufacturer with 100 or fewer employees.
3)Sunsets the above provisions January 1, 2017.
FISCAL EFFECT : Unknown
AB 135
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COMMENTS :
The ARB has resources for small businesses wanting to
participate in its regulatory processes. ARB publicly announces
any new regulations on their website and allows for 45 days of
public comment, either electronically or via regular mail,
before the board meets for a public hearing prior to voting to
adopt the policy. This public comment period is open to any
member of the community, including small business owners. All
public comments on pending ARB policies are posted publicly on
the ARB website. In addition, the ARB holds public hearings
subsequent to the 45 day comment period for any new pending air
quality regulation policy, where any members of the public,
including small business owners, may voice concerns and
questions before the board member prior to a board vote.
ARB is federally mandated to house an Ombudsman Office where
small and large businesses, trade associations, and individual
community members have a resource for help on any aspect of the
ARB regulatory process. Among its provisions, the Ombudsman's
mission to the public includes education on California's air
quality management system, guidance on air quality rules and
regulations, assisting small businesses in compliance with those
regulations, and providing help toward solutions when there is
an air quality compliance problem. ARB is currently required to
include an additional impact report specifically concerning
small businesses in every new regulation package.
According to ARB, at least five of its current board members are
business owners in addition to their existing board
qualifications. At least three of those five appear to meet the
business size and ownership length conditions in this bill.
This bill is similar to AB 2328 (Niello), which was approved by
this committee in 2010 but later failed in the Senate
Appropriations Committee. However, AB 2328 permitted past small
business owners and did not require ownership of the business
for at least 10 years. This bill's requirement that the small
business owner member must have owned the same small business
for at least 10 years seems to have little bearing on competence
as a board member and would limit the pool of eligible
candidates, even to the exclusion of legitimate small business
owners. The author and the committee may wish to consider
deleting the 10-year condition.
AB 135
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REGISTERED SUPPORT / OPPOSITION :
Support
National Federation of Independent Business (sponsor)
Brea Chamber of Commerce
California Moving and Storage Association
California Small Business Association
Dale Bright Auto Service
Greater Corona Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Los Angeles Area Chamber of Commerce
Redondo Beach Chamber of Commerce
Regional Chamber of Commerce San Gabriel Valley
San Francisco Chamber of Commerce
Specialty Equipment Market Association
Southwest California Legislative Council
Windsor Chamber of Commerce
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092