Amended in Senate March 24, 2014

Senate Bill No. 1415

Introduced by Senator Hill

February 21, 2014

An act to amend Section 40262 of the Health and Safety Code, relating to the Bay Area Air Quality Management District.

LEGISLATIVE COUNSEL’S DIGEST

SB 1415, as amended, Hill. Bay Area Air Quality Management District: advisory council.

(1) Existing law establishes the Bay Area Air Quality Management District, which is vested with the authority to regulate air emissions located in the boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara and portions of the Counties of Solano and Sonoma. Existing law establishes a district board to govern the district.

Existing law also establishes the Bay Area Air Quality Management Council, which consists of 20 members appointed by the district board, as specified, for the purposes of advising and consulting with the district board and air pollution control officer in the implementation of their authority to regulate air emissions.

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This bill would limit the council to 7 appointed members, would no longer allow for members of the general public to be appointed under specified circumstances, and would additionally require the inclusion of members who are skilled and experienced in the fields of air pollution, climate change, or the health impacts of air pollution. The bill would require members to be selected to include a diversity of perspectives, expertise, and backgrounds. By adding to the duties of the district, this bill would impose a state-mandated local program.

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This bill additionally would require the council to include members who are skilled and experienced in the fields of air pollution, climate change, or the health impacts of air pollution. By adding to the duties of the district, this bill would impose a state-mandated local program.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 40262 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

40262.  

The council shall consist of the begin delete chairman end delete begin insert following: end insert

begin insert (a) end insert begin insert   end insert begin insert Chair end insert of the bay district board, who shall serve as an ex
officio begin delete member, and 20 end delete begin insert member. end insert

begin insert (b) end insert begin insert   end insert begin insert Seven end insert members who begin delete preferably are end delete begin insert shall be end insert skilled and
experienced in the begin delete field end delete begin insert fields end insert of air pollution, begin delete including at least
three representatives of public health agencies, at least four
representatives of private organizations active in conservation or
protection of the environment within the bay district, and at least
one representative of colleges or universities in the state and at
least one representative of each of the following groups within the
bay district: regional park district, park and recreation commissions
or equivalent agencies of any city, public mass transportation
system, agriculture, industry, community planning, transportation,
registered professional engineers, general contractors, architects,
and organized labor end delete begin insert climate change, or the health impacts of air
pollution. Members shall be selected to include a diversity of
perspectives, expertise, and backgrounds end insert .

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To the extent that suitable persons cannot be found for each of
the specified categories, council members may be appointed from
the general public.

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SECTION 1.  

Section 40262 of the Health and Safety Code is
amended to read:

40262.  

(a) The council shall consist of the following:

(1) Chair of the bay district board, who shall serve as an ex
officio member.

(2) Twenty members who shall be skilled and experienced in
the fields of air pollution, climate change, or the health impacts of
air pollution. The 20 members may include any of the following:

(A) At least three representatives of public health agencies.

(B) At least four representatives of private organizations active
in conservation or protection of the environment within the bay
district.

(C) At least one representative of colleges or universities in the
state.

(D) At least one representative of each of the following groups
within the bay district:

(i) Regional park district.

(ii) Park and recreation commissions or equivalent agencies of
any city.

(iii) Public mass transportation system.

(iv) Agriculture.

(v) Industry.

(vi) Community planning.

(vii) Transportation.

(viii) Registered professional engineers.

(ix) General contractors.

(x) Architects.

(xi) Organized labor.

(b) To the extent that suitable persons cannot be found for each
of the specified categories, council members may be appointed
from the general public.

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SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.