BILL NUMBER: AB 146 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE JULY 1, 2011
AMENDED IN ASSEMBLY MAY 2, 2011
INTRODUCED BY Assembly Member Dickinson
( Principal coauthor: Senator
Steinberg )
JANUARY 13, 2011
An act to amend , repeal, and add 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.
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, including a requirement
that one member be a board member from any district other than
certain specified districts.
This bill would require the state board to consist of 12
members appointed based on certain qualifications. This bill
would also require that the membership alternate
between a member from a district within the Sacramento federal
nonattainment area for ozone in either one member be
from 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 , and a member from any other district
.
This bill would incorporate additional changes in Section 39510 of
the Health and Safety Code, proposed by AB 135, to be operative only
if AB 135 and this bill are both chaptered and become effective
January 1, 2012, and this bill is chaptered last.
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.
(c) 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.
(d) Five Six members shall be board
members from districts who shall reflect the qualitative requirements
of subdivision (c) to the extent practicable. Of these members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One member shall alternate between
be a board 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 , and a member from
any other district .
(6) One shall be a board member of any other district.
(e) 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.
(f) 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. 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 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.
SEC. 1.5. 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 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.
(c) 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.
(d) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (c) to the extent
practicable. Of these members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One member shall alternate between a 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,
and a member from any other district.
(e) Commencing on and after January 1, 2012, at least one of the
11 board members appointed pursuant to this section shall be an owner
within the past five years of a small business, as defined in
Section 14837 of the Government Code.
(f) 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.
(g) 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. 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 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.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 1.7. Section 39510 is added to the Health
and Safety Code, 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 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.
(c) 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.
(d) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (c) to the extent
practicable. Of these members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One member shall alternate between a 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,
and a member from any other district.
(e) 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.
(f) 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. 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 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.
(g) This section shall become operative on January 1, 2017.
SEC. 2. Sections 1.5 and 1.7 of this bill
incorporates amendments to Section 39510 of the Health and Safety
Code proposed by both this bill and Assembly Bill 135. Those sections
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2012, (2) each bill amends Section
39510 of the Health and Safety Code, and (3) this bill is enacted
after Assembly Bill 135, in which case Section 1 of this bill, and
Sections 1 and 2 of Assembly Bill 135, shall not become operative.