BILL ANALYSIS �
AB 146
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 146
AUTHOR: Dickinson
AMENDED: May 2, 2011
FISCAL: Yes HEARING DATE: June 20, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : AIR RESOURCES BOARD MEMBERSHIP
SUMMARY :
Existing law :
1) Provides that air pollution control districts (APCDs) and
air quality management districts (AQMDs) have primary
responsibility for controlling air pollution from all
sources, other than emissions from mobile sources. (Health
and Safety Code �40000 et seq.). Certain APCDs and AQMDs
are also specifed, with related authority, such as the
Sacramento Metropolitan Air Quality Management District.
(�40950 et seq.).
2) Provides the California Air Resources Board (ARB) with
primary responsibility for control of mobile source air
pollution, including adoption of rules for reducing vehicle
emissions and the specification of vehicular fuel
composition. (Health and Safety Code �39000 et seq. and
�39500 et seq.). ARB must coordinate efforts to attain and
maintain ambient air quality standards, and is composed of
11 members appointed by the Governor, with Senate consent.
(��39003 and 39510). Six members must be appointed on the
basis of their demonstrated interest and proven ability in
the air pollution field and their understanding of general
public needs in connection with air pollution problems with
the following qualifications (and five members must be from
certain air pollution control districts or air quality
management districts that reflect these qualitative
requirements to the extent practicable):
a) One member with training and experience in automotive
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engineering or closely related fields.
b) One member having training and experience in
chemistry, meteorology, or related scientific fields,
including agriculture or law.
c) One member that is a physician and surgeon or an
authority on air pollution health effects.
d) Two members that are public members.
e) One member having experience under a), b), or c)
above, or having experience in the field of air
pollution control.
This bill :
1) Increases the ARB from eleven to thirteen members, where
one additional member must have training and experience in
climate change and reduction of greenhouse gas emissions
and the other additional member must be a board member from
a district within the Sacramento federal nonattainment area
for ozone in any of the following districts:
a) Sacramento Metropolitan Air Quality Management
District.
b) Placer County Air Pollution Control District.
c) Yolo-Solano Air Quality Management District.
d) Feather River Air Quality Management District.
e) El Dorado County Air Pollution Control District.
2) Makes technical and clarifying amendments.
COMMENTS :
1) Purpose of Bill . According to the author, "The Sacramento
region is in violation of two key federal air quality
standards, one for ozone and another for particulate
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matter. It is the largest region in the state without
designated membership on the ARB. The region's
fast-growing cities such as Elk Grove, Lincoln and
Roseville and its suburban areas generate substantial
vehicle miles traveled, and major interstate trucking
routes (Interstates 5 and 80) crisscross the region. These
mobile emission sources are not directly regulated by local
air districts. ARB is the state entity with jurisdiction
over vehicular sources."
The author notes that "In order to meet stricter state and
federal air quality standards, urban areas such as
Sacramento has relied increasingly on statewide efforts
undertaken in consultation with multiple state agencies,
such as ARB, Caltrans, and the California Energy
Commission. The region's 2+ million residents will benefit
from having a seat at the ARB table as these collaborative
efforts take shape at the state level."
2) Background . Current law provides primary responsibility
for control of air pollution, other than from vehicular
sources, to local air districts. These districts include
county 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
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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 5 members must be board members
from the following entities: South Coast 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 6 members to the extent practicable.
AB 146 adds two additional representative to the ARB. One
must be a board member from the federal nonattainment area
for ozone in the Sacramento Metropolitan AQMD, Placer
County APCD, Yolo-Solano AQMD, Feather River AQMD, or El
Dorado County APCD. The second additional member must have
training and experience in climate change and reduction of
greenhouse gas emissions.
3) Trying again . AB 1221 (Jones) of 2005, as heard by the
Senate Environmental Quality Committee, added one
additional air district member in a similar manner as
provided under AB 146. The committee analysis of AB 1221
raised concerns regarding: a) shifting the balance of the
ARB so that air districts have the same number of
representatives on the ARB as those having expertise in
certain issues, and the ARB thereby having less of a
statewide perspective on issues; and b) parliamentary
challenges relating to an even-numbered board. In response
to these concerns, AB 1221 was amended to add another
member with training and experience on the effects of
greenhouse gases on climate change, and was approved by the
Committee June 27, 2005 (7-0).
According to Governor Schwarzenegger in vetoing AB 1221, "This
bill increases the membership of the �ARB] by two from
eleven to thirteen members. The purpose is to include
representation from Sacramento and an expert on greenhouse
gasses. The current composition allows for such
representation."
4) Related legislation . AB 135 (Hagman) requires at least one
of the 11 ARB members to be a current small business owner
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commencing on and after January 1, 2012. AB 135 sunsets
January 1, 2017. AB 135 will also be heard by the
Environmental Quality Committee June 20, 2011.
Because AB 135 and AB 146 amend the same code section, double
jointing amendments will be needed to address this
chaptering out problem.
5) Technical amendments needed . If the committee believes
that AB 146 is necessary, technical amendments are needed
to: a) reference the Sacramento Metropolitan Air Quality
Management District on page 3, line 3; and b) clarify the
subdivisions and paragraphs of �39510.
SOURCE : Assemblymember Dickinson
SUPPORT : American Lung Association, Breathe California,
Sacramento Area Council of Governments,
Sacramento Air Quality Management District,
Sacramento Area Council of Governments, The
Cleaner Air Partnership
OPPOSITION : None on file