BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 135
                                                                  Page  1

          Date of Hearing:   May 4, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 135 (Hagman) - As Amended:  April 25, 2011 

          Policy Committee:                              Natural 
          ResourcesVote:9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

          This bill requires that, beginning with the first appointment 
          made after January 1, 2012, at least one of the 11 members of 
          the Air Resources Board (ARB) be a small business owner.

           FISCAL EFFECT  

          Negligible cost, if any.

           COMMENTS  

           1)Rationale  .  The author contends that small business should be 
            guaranteed representation on ARB's board.  This is because 
            small businesses, which make up the bulk of businesses and 
            employment in California, are greatly affected by ARB 
            regulations. Furthermore, and unlike large businesses with 
            ample resources, individual small businesses often lack the 
            money, time or staffing to represent themselves before the 
            board.  Requiring that one member of the board be a small 
            business owner will ensure, the author concludes, that the 
            board will better consider the perspectives of small business 
            when developing clean air rules.

           2)Background  .  Existing law establishes ARB within the 
            California Environmental Protection Agency.  The ARB is 
            responsible for controlling emissions from motor vehicles as 
            well as enforcing federal air pollution regulations.  The 
            board consists of 11 members appointed by the governor and 
            subject to confirmation by the Senate.  With the exception of 
            the chair, all other members are part-time positions.  Two of 
            the 11 members appointed by the governor are "public" members, 
            who are defined as any California resident that is not an 
            elected official.  ARB staff reports that two of ARB's current 








                                                                  AB 135
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            11 board members are small business owners.
                
            3)Related Legislation  .  AB 2328 (Niello, 2010) was substantially 
            similar to this bill, though it included no time-of-ownership 
            criteria.  The bill passed the Assembly 58 to 9 but failed in 
            Senate.  
                 
            4)Support.   This bill is supported by numerous business and 
            industry organizations.  

          5)Opposition.   There is no registered opposition to this bill.  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081