BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1387


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          SENATE THIRD READING


          SB  
          1387 (De León, et al.)


          As Amended  August 19, 2016


          Majority vote


          SENATE VOTE:  22-13


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Natural         |6-2  |Williams, Cristina     |Hadley, Harper       |
          |Resources       |     |Garcia, Gomez,         |                     |
          |                |     |McCarty, Mark Stone,   |                     |
          |                |     |Wood                   |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |11-4 |Gonzalez, Bloom,       |Bigelow, Chang,      |
          |                |     |Bonilla, Bonta,        |Jones, Obernolte     |
          |                |     |Eggman, Eduardo        |                     |
          |                |     |Garcia, Quirk,         |                     |
          |                |     |Santiago, Weber, Wood, |                     |
          |                |     |McCarty                |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 










                                                                    SB 1387


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          SUMMARY:  Adds three members to the South Coast Air Quality  
          Management District (SCAQMD) Governing Board, as specified,  
          until 2025.  Specifically, this bill:


           1) Expands the SCAQMD Governing board by three to increase the  
             membership to 16, with the additional members appointed by  
             the Governor, the Senate Committee on Rules, and the Speaker  
             of the Assembly.
           2) Requires the above appointees to reside in and work directly  
             with communities in the South Coast Air Basin that are  
             disproportionately burdened by and vulnerable to high levels  
             of pollution and issues of environmental justice, including,  
             but not limited to, communities with diverse racial and  
             ethnic populations and communities with low-income  
             populations.  Require the appointing authority to accept an  
             application from, and give appropriate consideration to  
             appointing, a member of a city council or county board of  
             supervisors who meets the above criteria.


          3)Sunsets the provision adding three board members January 1,  
            2025.
          4)Prohibits a member of the SCAQMD board who is eligible for a  
            vehicle or vehicle allowance from the local government from  
            which he or she is appointed from being issued a vehicle from  
            the SCAQMD for greater than seven days in a 30-day period. 


          EXISTING LAW:   


          1)Provides ARB with primary responsibility for control of mobile  
            source air pollution and 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, and  
            establishes certain powers, duties, and requirements for those  
            districts.








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          2)Creates certain AQMDs, with related authority, including the  
            SCAQMD under the Lewis-Presley Air Quality Management Act.   
            SCAQMD covers portions of Los Angeles, Orange, Riverside, and  
            San Bernardino counties within the South Coast Air Basin.


          3)Establishes the SCAQMD Governing Board, and specifies the  
            Board consist of 13 members, where one member each is  
            appointed by the Governor, Senate Rules Committee, and the  
            Speaker of the Assembly, and the other 10 members are  
            appointed by regional government entities in the South Coast  
            Air Basin, as specified.


          FISCAL EFFECT:  Unknown


          COMMENTS:  The SCAQMD board is made up of 13 members, where  
          three are appointed by the state (one each by the Senate Rules  
          Committee, the Speaker of the Assembly, and the Governor) and 10  
          are appointed by local governments.  The members of the board  
          serve four-year terms.  Currently, Dr. William Burke, appointed  
          by the Speaker of the Assembly, serves as the Chairman of the  
          SCAQMD Board. 


          Under the federal Clean Air Act, the United States Environmental  
          Protection Agency (US EPA) establishes National Ambient Air  
          Quality Standards that apply for outdoor air throughout the  
          country.  These federal standards exist for several air  
          pollutants due to their negative impact on public health above  
          specified concentrations, including ozone and particulate  
          matter, among others.  Nonattainment areas are regions that do  
          not meet the national ambient air quality standard for one of  
          those pollutants. 










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          The South Coast Air Basin has some of the worst air quality in  
          the nation, and is in serious nonattainment for particulate  
          matter (<2.5 microns, or PM 2.5) and extreme nonattainment for  
          ozone.  As a result of its nonattainment status, state law  
          requires the district to adopt an Air Quality Management Plan  
          (AQMP) to achieve and maintain the state and federal ambient air  
          quality standards and submit this plan to the ARB for inclusion  
          into the state implementation plan (SIP).  The AQMP was  
          originally adopted in 1982, and is formally reviewed every two  
          years.


          According to the author, SCAQMD is one of the leading voices for  
          clean air and climate pollution reductions in the southern  
          California region.  In the past six months, with its recent  
          changes in governance, it has voted to dismiss its longstanding  
          executive officer and weaken clean air regulations over its  
          expert staff's recommendations.  Outside parties have worked to  
          reduce diversity on the board and to install a majority that is  
          more concerned with polluters than with public health.  This  
          bill seeks to modernize the membership of the governing board.




          Analysis Prepared by:                                             
                          Lawrence Lingbloom / NAT. RES. / (916) 319-2092   
                                                                      FN:  
          0004579


















                                                                    SB 1387


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