BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 1288


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       (Without Reference to File)





       CONCURRENCE IN SENATE AMENDMENTS


       AB  
       1288 (Atkins)


       As Amended  September 10, 2015


       Majority vote


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       |ASSEMBLY:  |      |(June 3, 2015) |SENATE: |      |(September 11,   |
       |           |      |               |        |      |2015)            |
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              (vote not relevant)                (vote not available)




       Original Committee Reference:  NAT. RES.


       SUMMARY:  Add two appointments to the Air Resources Board (ARB) to  
       represent environmental justice communities.  


       The Senate amendments delete the Assembly version of this bill, and  
       instead require the Senate Rules Committee and the Speaker of the  
       Assembly to each appoint one member to the ARB.  The appointees must  
       work directly with communities in the state that are most  
       significantly burdened by, and vulnerable to, high levels of  








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       pollution, including communities with diverse racial and ethnic  
       populations and low-income populations.  


       EXISTING LAW: 


       1)Establishes ARB and provides for appointment of 12 members by the  
         Governor on the basis of interest and ability in the field of air  
         pollution control, understanding of the needs of the general public  
         in connection with air pollution problems, and additional specific  
         qualifications.  All members serve at the pleasure of the Governor  
         and are subject to confirmation by the Senate.  Members serve  
         part-time, with the exception of the Chair, who is appointed by the  
         Governor and serves full-time.  ARB's primary duties are controlling  
         motor vehicle emissions, coordinating activities of air districts  
         for the purposes of the federal Clean Air Act, and implementing the  
         California Global Warming Solutions Act (AB 32 (Núñez, Chapter 488,  
         Statutes of 2006).
       2)Establishes the following specific qualifications for board members:


          a)   One with training and experience in automotive engineering or  
            a closely related field.
          b)   One with training and experience in science, agriculture, or  
            law.


          c)   One who is a physician and surgeon, or health effects expert.


          d)   One with experience in air pollution control, or meeting the  
            qualifications of one of the three categories listed above.


          e)   Two public members.


          f)   One board member from each of the following air districts:


            i)     South Coast Air Quality Management District (SCAQMD);








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            ii)    Bay Area Quality Management District (BAAQMD);


            iii)   San Joaquin Valley Air Pollution Control District  
              (SJVAPCD);


            iv)    San Diego County Air Pollution Control District (SDAPCD);


            v)     A district in the Sacramento federal nonattainment area;  
              and,


            vi)    Any other district.


       3)Establishes county air pollution control districts in every county,  
         unless the entire county is included within the Antelope Valley Air  
         Quality Management District, the BAAQMD, the Mojave Desert Air  
         Quality Management District, the SCAQMD, the SJVAPCD, a regional  
         district, or a unified district.  Requires air districts to adopt  
         and enforce rules and regulations to achieve and maintain the state  
         and federal ambient air quality standards in all areas affected by  
         non-vehicular emission sources under their jurisdiction.
       FISCAL EFFECT:  Unknown


       COMMENTS:  According to the Office of Environmental Health Hazard  
       Assessment (OEHHA), approximately eight million Californians (21%)  
       live in zip codes that are considered "highly impacted" by  
       environmental, public health, and socioeconomic stressors.  Nearly  
       half of all Californians live within six miles of a facility that is a  
       significant greenhouse gas emitter (46%), and are disproportionately  
       people of color (62%).  Throughout California, people of color face a  
       50% higher risk of cancer from ambient concentrations of air  
       pollutants listed under the Clean Air Act.  These impacts are felt by  
       all Californians.  ARB estimates that air pollution exposure accounts  
       for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million  
       lost work days every year.

       Current law provides primary responsibility for control of air  








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       pollution, other than from vehicular sources, to local air districts.   
       These districts include county air pollution control districts  
       (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 12 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 6 members must be board  
       members from the following entities:  SCAQMD, BAAQMD, SJVAQMD, SDAPCD,  
       a board member from a district located within the Sacramento federal  
       nonattainment area, and a board member from any other district.  

       This bill is intended to ensure that ARB is able to effectively  
       integrate the needs and perspectives of California's diverse residents  
       by adding two new members to the ARB that are appointed by the Speaker  
       of the Assembly and the Senate Rules Committee who work directly with  
       communities in the state that are most effected by high levels of  
       pollution, including communities with diverse racial and ethnic  
       populations and low-income populations. 

       Analysis Prepared by:                                             
                       Lawrence Lingbloom / NAT. RES. / (916) 319-2092  FN:  
       0002440













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