BILL NUMBER: AB 146	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickinson

                        JANUARY 13, 2011

   An act to amend Section 39510 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 146, as introduced, Dickinson. State Air Resources Board:
membership: chairperson.
   Existing law establishes in the California Environmental
Protection Agency the State Air Resources Board, which is responsible
for control of emissions from motor vehicles and is designated the
air pollution control agency for all purposes set forth in federal
law. Existing law requires the state board to consist of 11 members
appointed based on certain qualifications. Existing law requires the
Governor to appoint a chairperson of the state board from among the
members of the state board.
   This bill would add one member to the state board from the
Sacramento federal nonattainment area for ozone in either the
Sacramento Metropolitan Air Quality Management District, the Placer
County Air Pollution Control District, the Yolo-Solano Air Quality
Management District, the Feather River Air Quality Management
District, or the El Dorado County Air Pollution Control District. The
bill would require the chairperson of the state board to break a tie
vote of the state board by casting an additional vote, if all 12
members of the state board are present and voting.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 39510 of the Health and Safety Code is amended
to read:
   39510.  (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of  11   12 
members.
   (b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems. Six members shall have the following
qualifications:
   (1) One member shall have training and experience in automotive
engineering or closely related fields.
   (2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
   (3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
   (4) Two members shall be public members.
   (5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
   (c)  Five   Six    members
shall be board members from districts who shall reflect the
qualitative requirements of subdivision (b) to the extent
practicable. Of these  five   six  members,
one shall be a board member from the south coast district, one shall
be a board member from the bay district, one shall be a board member
from the San Joaquin Valley Unified Air Pollution Control District
 or, if the unified district is abolished, from the San
Joaquin Valley Air Quality Management District if created pursuant to
Section 5 of Chapter 915 of the Statutes of 1994  , one
shall be a board member from the San Diego County Air Pollution
Control District,  one   shall be a board member from
the Sacramento federal nonattainment area for ozone in either the
Sacramento district, the Placer County Air Pollution Control
District, the Yolo-Solano Air Quality Management District, the
Feather River Air Quality Management District, or the El Dorado
County Air Pollution Control District,  and one shall be a board
member of any other district.
   (d) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
   (e) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. No member of the state board shall be precluded from voting
or otherwise acting upon any matter solely because that member has
voted or acted upon the matter in his or her capacity as a member of
a district board, except that no member of the state board who is
also a member of a district board shall participate in any action
regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive. 
   (f) Notwithstanding subdivision (e) of Section 1 of Chapter 1201
of the Statutes of 1991, this section shall become operative on
January 1, 1994.  
   (f) The chairperson, appointed pursuant to Section 39511, shall
break a tie vote of the state board by casting an additional vote, if
all 12 members of the state board are present and voting.