Bill Text: CA AB1095 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Sacramento-San Joaquin Delta Reform Act of 2009: covered

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2012-07-03 - In committee: Set second hearing. Failed passage. Reconsideration granted. [AB1095 Detail]

Download: California-2011-AB1095-Amended.html

---

BILL NUMBER: AB 1095	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 18, 2011

    An act to amend Section 40800 of the Health and Safety
Code, relating to air pollution.   An act to add Chapter
9 (commencing with Section 39950) to Part 2 of Division 26 of the
Health and Safety C   ode, relating to air pollution. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1095, as amended, Bill Berryhill. Air pollution: hearing
 boards.   board: State Air Resources Board.

   Existing law grants air pollution control districts and air
quality management districts the primary responsibility for the
control of air pollution from all sources other than vehicular
sources. Existing law establishes one or more hearing boards in each
district for the purposes of performing specified functions,
including issuing interim variances from specified provisions of law
relating to excess emissions.  Existing law grants the State Air
Resources Board with authority over the regulation of emissions from
motor vehicles and emissions of greenhouse gases.  
   This bill would make technical, nonsubstantive changes to this
provision.  
   This bill would require the creation of a hearing board within the
state board, based on the provisions applicable to district hearing
boards. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 9 (commencing with Section
39950) is added to Part 2 of Division 26 of the   Health and
Safety Code   , to read:  
      CHAPTER 9.  HEARING BOARD


   39950.  There shall be a hearing board within the state board. The
provisions of Chapter 8 (commencing with Section 40800) of Part 3
shall apply to the hearing board created pursuant to this section, to
the extent those provisions can be made applicable.  
  SECTION 1.    Section 40800 of the Health and
Safety Code is amended to read:
   40800.  (a) There is continued in existence and shall be, in each
district, one or more hearing boards consisting of five members each,
as specified in Section 40801, appointed by the district board.
   (b) The district board may also appoint one alternate for each
member. The alternate shall have the same qualifications, specified
in Section 40801, as the member for whom the person is the alternate.
The alternate may serve only in the absence of the member, and for
the same term as the member.
   (c) An alternate shall not hold any of the single member hearings
authorized by subdivision (c) of Section 40824, subdivision (c) of
Section 40825, Section 42351.5, or Section 42359.5.