BILL ANALYSIS Ó SB 1387 Page 1 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 Page 2 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. SB 1387 Page 3 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. SB 1387 Page 4 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 Page 5