BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1288|
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                                   THIRD READING 


          Bill No:  AB 1288
          Author:   Atkins (D), et al.
          Amended:  9/10/15 in Senate
          Vote:     21  

           PRIOR VOTES NOT RELEVANT

           SENATE ENVIRONMENTAL QUAL. COMMITTEE:  5-0, 9/11/15
           AYES:  Wieckowski, Hill, Jackson, Leno, Pavley
           NO VOTE RECORDED:  Gaines, Bates

           SUBJECT:   Air resources


          SOURCE:    Author

          DIGEST:   This bill expands the membership of Air Resources  
          Board (ARB) from 12 to 14 members, and requires that those  
          members be persons who work directly with pollution-burdened and  
          vulnerable communities. 
          
          ANALYSIS:   Existing law establishes ARB with 12 members  
          appointed by the Governor with consent of the Senate.  Of the 12  
          members, six must have specified qualifications and six must be  
          board members from air districts.
          
          This bill expands the membership of ARB from 12 to 14 members,  
          and requires:

          1)Two members of ARB be appointed by the Senate Committee on  
            Rules and the Speaker of the Assembly, respectively; and 

          2)Those members work directly with communities in the state that  








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            are most significantly burdened by, and vulnerable to, high  
            levels of pollution, including, but not limited to, racially  
            and ethnically diverse communities and low-income communities.

          Background
          
          Air Resources Board.  ARB was created in 1967 through the  
          Mulford-Carrell Act, which combined two Department of Health  
          bureaus, the Bureau of Air Sanitation and the Motor Vehicle  
          Pollution Control Board. 

          AB 1062 (Costa, Chapter 579, Statutes of 1993) added a public  
          member and a permanent member representing the San Joaquin  
          Valley Unified Air District, to increase the ARB's membership  
          from 9 to 11. 

          In 2012, AB 146 (Dickinson, Chapter 522, Statutes of 2012)  
          expanded ARB's membership from 11 to 12, adding a requirement  
          that one member represent an air district in the Sacramento  
          region. 

          Six of the board members must have certain qualifications (e.g.,  
          automotive engineering; chemistry, meteorology, or related  
          field; surgeon or an authority on health effects).  The other  
          six members must be board members from the following entities:   
          South Coast Air Quality Management District (AQMD), Bay Area  
          AQMD, San Joaquin Valley AQMD, San Diego APCD, one of six  
          Sacramento region air districts, and a board member from any  
          other district.  These board members must reflect the  
          "qualitative requirements" of the other six members to the  
          extent practicable.  

          The board members serve part-time, except the Chairperson, who  
          serves full-time. 

          Comments
          
          Expertise in air quality?  Current law requires all 12 members  
          of the ARB to be appointed by the Governor, "on the basis of  
          their demonstrated interest and proven ability in the field of  
          air pollution control and their understanding of the needs for  
          the general public in connection with air pollution problems."

          As noted in the background, current law also requires that six  







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          of the board members have certain specified qualifications or  
          expertise that relate to ARB's mission and regulatory charge and  
          requires that the other six members representing air districts  
          reflect those qualifications to the extent practicable. 

          AB 1288 expands the membership by two, and requires that those  
          members be persons who work directly with pollution burdened and  
          vulnerable populations, but does not require those persons have  
          any experience, interest, or proven ability, in the field of air  
          pollution control. 

          Furthermore, AB 1288 does not require the two members added to  
          the board to have any expertise, but only that they be persons  
          who work directly with pollution burdened and vulnerable  
          communities.  It is unclear in what capacity they are required  
          to work with these communities. For example, a question arises  
          whether a person who operates a business in one of these  
          communities, but has no expertise in air quality, public health,  
          or impacts of pollution, could qualify for board membership.

          ARB's stated mission is "To promote and protect public health,  
          welfare and ecological resources through the effective and  
          efficient reduction of air pollutants while recognizing and  
          considering the effects on the economy of the state." A question  
          arises as to whether the two new members added by AB 1288 should  
          also be subjected to the same general requirements as the  
          current12 members concerning demonstrated interest and proven  
          ability in the field of air pollution control.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          Unknown


          SUPPORT:   (Verified9/11/15)


          Asian Pacific Environmental Network
          California Environmental Justice Alliance
          Center for Race Poverty and the Environment
          Communities for a Better Environment








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          OPPOSITION:   (Verified9/11/15)


          None received

           
          Prepared by:Rebecca Newhouse / E.Q. / (916) 651-4108
          9/11/15 19:19:57


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