BILL ANALYSIS �
AB 135
Page 1
ASSEMBLY THIRD READING
AB 135 (Hagman and Valadao)
As Amended April 25, 2011
Majority vote
NATURAL RESOURCES 9-0 APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Knight, |Ayes:|Fuentes, Harkey, |
| |Brownley, Dickinson, | |Blumenfield, Bradford, |
| |Grove, Halderman, | |Charles Calderon, Campos, |
| |Huffman, Monning, Skinner | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires, until 2017, that at least one of the 11
members of the Air Resources Board (ARB) be a small business
owner. Specifically, this bill:
1)Requires that at least one of the 11 members of the ARB be a
current owner of a small business.
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 $10 million or
less over the previous three years, or is a manufacturer with
100 or fewer employees.
3)Sunsets the above provisions January 1, 2017.
EXISTING LAW establishes the ARB and provides for an
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
AB 135
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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
(Nu�ez and Pavley), Chapter 488, Statutes of 2006).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible cost, if any.
COMMENTS : The ARB has resources for small businesses wanting to
participate in its regulatory processes. ARB publicly announces
any new regulations on their Web site 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 Web site. 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 condition in this bill.
This bill is similar to AB 2328 (Niello), which was approved by
the Assembly Natural Resources Committee in 2010 but later
failed in the Senate Appropriations Committee.
AB 135
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Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0000557