BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 135|
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THIRD READING
Bill No: AB 135
Author: Hagman (R) and Valadao (R)
Amended: 8/15/11 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 4-3, 06/27/11
AYES: Simitian, Strickland, Blakeslee, Lowenthal
NOES: Hancock, Kehoe, Pavley
SENATE APPROPRIATIONS COMMITTEE : 5-4, 08/22/11
AYES: Walters, Alquist, Emmerson, Lieu, Runner
NOES: Kehoe, Pavley, Price, Steinberg
ASSEMBLY FLOOR : 71-0, 05/12/11 - See last page for vote
SUBJECT : Air Resources Board: small business ownership:
membership
SOURCE : California Small Business Association
DIGEST : This bill: (1) requires that at least one of
the 11 members of the Air Resources Board (ARB) be an owner
within five years 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
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manufacturer with 100 or fewer employees, and (3) sunsets
January 1, 2017. This bill is double-jointed with AB 146
(Dickinson).
ANALYSIS : Current law provides primary responsibility
for control of air pollution, other than from vehicular
sources, to local air districts. These districts include
county Air Pollution Control Districts (APCDs), unified
APCDs (two or more contiguous counties that are part of
county districts are merged), and regional APCDs (two or
more counties become part of a regional district), and sets
requirements for governing board membership that generally
includes members who are mayors or city council members, or
both, and members who are county supervisors. The number
of members and composition must be determined jointly by
the county (or counties) and cities within a district, with
certain exceptions.
Control of vehicular sources is generally the
responsibility of the ARB. The ARB is the state agency
charged with coordinating efforts to attain and maintain
ambient air quality standards, to conduct research in air
pollution issues, "and to systematically attack the serious
problem caused by motor vehicles, which is the major source
of air pollution in many areas of the state." The ARB also
has responsibilities for implementing the California Global
Warming Solutions Act of 2006. The ARB consists of 11
members, and 6 of those members must have certain
qualifications (e.g., automotive engineering; chemistry,
meteorology, or related field; surgeon or an authority on
health effects). The other five members must be board
members from the following entities: South Coast Air
Quality Management District (AQMD), Bay Area AQMD, San
Joaquin Valley Unified AQMD, San Diego County APCD, and a
board member from any other district. These board members
must reflect the "qualitative requirements" of the other
six members to the extent practicable.
Related Legislation
AB 146 (Dickinson) adds one additional member to the ARB
with training and experience in climate change and
reduction of greenhouse gas emissions, and another
additional member from a district within the Sacramento
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federal nonattainment area for ozone in any of the bill's
specified districts.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/23/11)
California Small Business Association (source)
Automotive Service Councils of California
Brea Chamber of Commerce
California Asian Pacific Chamber of Commerce
California Bus Association
California Dump Truck Owners Association
California Moving and Storage Association
Chino Valley Chamber of Commerce
City of Industry Chamber of Commerce
Dale Bright's Auto Service
Downey Chamber of Commerce
Fullerton Chamber of Commerce
Greater Corona Valley Chamber of Commerce
Greater Fresno Area Chamber of Commerce Government Affairs
Council
Industry Manufacturers Council
Long Beach Area Chamber of Commerce
Los Angeles Area Chamber of Commerce
National Federation of Independent Business
North Orange County Legislative Alliance
Redondo Beach Chamber of Commerce & Visitors Association
Regional Chamber of Commerce San Gabriel Valley
San Francisco Chamber of Commerce
South Bay Association of Chambers of Commerce
Southwest California Legislative Council
Specialty Equipment Market Association
Windsor Chamber of Commerce
OPPOSITION : (Verified 8/23/11)
Air Resources Board
Department of Finance
Sierra Club California
ARGUMENTS IN SUPPORT : According to the author, "Small
businesses are heavily impacted by regulations implemented
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by �ARB]. They don't possess the time or money that large
corporations focus on studying, understanding, and
complying with �ARB] codes." The author believes that "AB
135 would fix the problem by representing the voice of
small businesses. The member can serve as the liaison to
the small business community, ensuring the businesses'
concerns are heard by �ARB] while also encouraging
compliance of �ARB's] regulation for small business
owners."
According to the National Federation of Independent
Business (NFIB) in supporting AB 135, "California small
businesses compose approximately 98 percent of all
businesses in the state. They employ over 50 percent of
private sector employees and are responsible for three
quarters of all new jobs created. The impact of small
business on California's economic success is nothing short
of critical. AB 135 recognizes this concern and
strengthens the voice of small business by designating that
one of eleven board members be a small business owner."
ARGUMENTS IN OPPOSITION : According to Sierra Club
California in opposing AB 135, "To set aside a seat
specifically for small business owners would unnecessarily
restrict the Governor's ability to pick the best person for
the job. Earmarking a seat for a particular interest would
also invite other interests to seek their own designated
slots. For example, if small business owners deserve their
own specified seat, then how about the employees who work
for those businesses? What about the community groups
whose members are affected by ARB decisions? Rather than
starting down this slippery slope, the Legislature should
avoid reserving seats for particular interests."
ASSEMBLY FLOOR : 71-0, 05/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lara, Logue,
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Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Silva, Skinner, Smyth, Solorio, Swanson,
Valadao, Wagner, Wieckowski, Williams, John A. P�rez
NO VOTE RECORDED: Alejo, Cedillo, Garrick, Gorell, Hueso,
Monning, Portantino, Torres, Yamada
DLW:nl 8/24/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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