BILL ANALYSIS �
SB 1415
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: SB 1415
AUTHOR: Hill
AMENDED: March 24, 2014
FISCAL: Yes HEARING DATE: April 2, 2014
URGENCY: No CONSULTANT: Rebecca Newhouse
SUBJECT : BAY AREA AIR QUALITY MANAGEMENT ADVISORY COUNCIL
SUMMARY :
Existing law :
1) Establishes the Bay Area Air Quality Management District
(BAAQMD), governed by the bay district board, and provides
that they have primary responsibility for controlling air
pollution from all sources, other than emissions from mobile
sources (Health and Safety Code �40000 et seq.).
2) Creates the Bay Area Air Quality Management Advisory Council
(council), appointed by the BAAQMD board, to advise and
consult with the board and the bay district air pollution
control officer in effectuating their duties and requires:
a) The council be made up of the board chairman, as an ex
officio member, and 20 members who preferably are skilled
and experienced in the field of air pollution, including at
least three representative of public health agencies, at
least four representative of private organizations active
in conservation or environmental protection, at least one
representative of colleges or universities in the state,
and at least one representative from each of the following
groups within the bay district:
i) Regional park districts;
ii) Park and Recreation commissions;
iii) Public mass transportation systems;
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iv) Agriculture;
v) Industry;
vi) Community planning;
vii) Transportation;
viii) Registered professional engineers;
ix) General contractors;
x) Architects; and
xi) Organized labor.
b) Each council member hold a term for two years and until
a successor is appointed;
c) Council members serve without compensation but allows
them to be reimbursed for advisory council duties; and
d) That the council meets at least four times per year.
This bill :
1) Changes the membership of the advisory council from 20 to
seven.
2) Requires advisory council members to be skilled and
experienced in the field of air pollution, climate change, or
the health impacts of air pollution.
3) Strikes the requirement that members of the council represent
various groups, and instead requires members be selected to
include a diversity of perspectives, expertise, and
backgrounds.
COMMENTS :
1) Purpose of Bill . According to the author, the existing
statute reads that the Advisory Council members "preferably
are skilled and experienced in the field of air pollution."
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However, the author notes, the BAAQMD is required by state and
federal law to address a far more diverse set of issues than
it handled in 1955, when the council was established in
statute, such as reducing emissions from a much wider range of
sources, addressing the public health impacts of air
pollution, and working to address climate change issues under
state and federal requirements. The author states that the
Advisory Council's experience should also match the evolving
and complex needs of the Board and that SB 1415 updates the
BAAQMD Advisory Council language by requiring that members "be
skilled and experienced in the fields of air pollution,
climate change, or the health impacts of air pollution."
The author also notes that SB 1415, by eliminating the
requirement that the 20 members come from various fields, such
as architecture, engineering, contracting, park districts and
others, and instead requiring seven members with expertise in
topics that pertain directly to BAAQMD rules and regulations,
will allow for a more focused and manageable membership to
improve the quality of work produced by the Council. The
author states that SB 1415 requires the membership of the
advisory council represent a diversity of perspectives,
expertise and backgrounds, which, according to the author,
will help the BAAQMD not only address current air quality
issues, but provide for a more dynamic advisory council
membership to help the district continue to meet air pollution
challenges in the future.
2) Statutory requirements for advisory councils . The statute
provides for specific advisory councils for the South Coast
Air Quality Management District (SCAQMD) and the San Joaquin
Unified Air Pollution Control District (SJUAPCD), as well the
BAAQMD. For SCAQMD, the statute specifies that the advisory
council advise and consult with the SCAQMD board, and
specifies that the membership and rules of the advisory
council shall be as established by resolution of the SCAQMD
board. The SJUAPCD is simply required to have "citizen's
advisory committee" but the statute does not specify any other
requirements, including membership or composition.
SOURCE : Author
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SUPPORT : Bay Area Air Quality Management District
OPPOSITION : None on file