BILL NUMBER: AB 146 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2011
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 amended, Dickinson. State Air Resources Board:
membership: chairperson. membership.
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 who has
training and experience in climate change and the reduction of
greenhouse gas emissions and one member from a district
within 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 12 13
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 Seven
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) One member shall have training and experience in climate
change and the reduction of greenhouse gas emissions.
(4)
(5) Two members shall be public members.
(5)
(6) One member shall have the qualifications specified
in paragraph (1), (2), or (3) (3), or (4)
or shall have experience in the field of air pollution control.
(c) Six members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (b) to the extent
practicable. Of these 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, one shall be a board member
from the San Diego County Air Pollution Control District, one shall
be a board member from a district within 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
from 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 A member of the state
board shall not 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 a member of the
state board who is also a member of a district board shall not
participate in any action regarding his or her district taken
by the state board pursuant to Sections 41503 to 41505, inclusive.
(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.