BILL ANALYSIS �
AB 135
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CONCURRENCE IN SENATE AMENDMENTS
AB 135 (Hagman)
As Amended August 15, 2011
Majority vote
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|ASSEMBLY: |71-0 |(May 12, 2011) |SENATE: |25-6 |(August 30, |
| | | | | |2011) |
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Original Committee Reference: NAT. RES.
SUMMARY : Requires, until 2017, that at least one of the 11
members of the Air Resources Board (ARB) be a small business
owner.
The Senate amendments adding chaptering out amendments,
incorporating the provisions of AB 146 (Dickinson), which
increases the membership of the ARB from 11 to 13 and requires
the additional members to be: 1) a board member from specified
air districts in the Sacramento federal nonattainment area; and,
2) an expert in climate change.
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 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).
AS PASSED BY THE ASSEMBLY , this bill:
1)Required that at least one of the 11 members of the ARB be a
current owner of a small business.
2)Defined "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
AB 135
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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3)Repealed the above provisions on January 1, 2017.
FISCAL EFFECT : According to the Senate Appropriations
Committee, minor and absorbable costs.
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.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
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