Bill Text: CA AB135 | 2011-2012 | Regular Session | Enrolled
Bill Title: State Air Resources Board: membership: small business
Spectrum: Partisan Bill (Republican 25-0)
Status: (Vetoed) 2011-09-26 - Vetoed by Governor. [AB135 Detail]
Download: California-2011-AB135-Enrolled.html
BILL NUMBER: AB 135 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JULY 1, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 15, 2011
INTRODUCED BY Assembly Members Hagman and Valadao
(Principal coauthor: Assembly Member Grove)
(Coauthors: Assembly Members Achadjian, Conway, Beth Gaines,
Garrick, Gorell, Halderman, Harkey, Jeffries, Logue, Mansoor, Miller,
Nestande, Nielsen, Olsen, Silva, Smyth, and Wagner)
(Coauthors: Senators Cannella, Dutton, Fuller, Harman, and Runner)
JANUARY 12, 2011
An act to amend, repeal, and add Section 39510 of the Health and
Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 135, Hagman. State Air Resources Board: membership: small
business owner.
Existing law establishes in the California Environmental
Protection Agency the State Air Resources Board, which is responsible
for control of emissions from motor vehicles and is designated the
air pollution control agency for all purposes set forth in federal
law. Existing law requires the state board to consist of 11 members
appointed based on certain qualifications.
This bill, until January 1, 2017, would require one appointed
member of the state board to be an owner within the past 5 years of a
small business, as defined. The bill would also make various
technical, nonsubstantive changes.
This bill would incorporate additional changes in Section 39510 of
the Health and Safety Code, proposed by AB 146, to be operative only
if AB 146 and this bill are both chaptered and become effective
January 1, 2012, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39510 of the Health and Safety Code is amended
to read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems.
(c) Six members shall have the following qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(d) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (c) to the extent
practicable. Of these five members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One shall be a board member from any other district.
(e) Commencing on and after January 1, 2012, at least one of the
11 board members appointed pursuant to this section shall be an owner
within the past five years of a small business, as defined in
Section 14837 of the Government Code.
(f) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(g) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. A member of the state board shall not be precluded from
voting or otherwise acting upon any matter solely because that member
has voted or acted upon the matter in his or her capacity as a
member of a district board, except that a member of the state board
who is also a member of a district board shall not participate in any
action regarding his or her district taken by the state board
pursuant to Sections 41503 to 41505, inclusive.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 39510 is added to the Health and Safety Code, to
read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems.
(c) Six members shall have the following qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(d) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (c) to the extent
practicable. Of these five members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One shall be a board member from any other district.
(e) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(f) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. A member of the state board shall not be precluded from
voting or otherwise acting upon any matter solely because that member
has voted or acted upon the matter in his or her capacity as a
member of a district board, except that a member of the state board
who is also a member of a district board shall not participate in any
action regarding his or her district taken by the state board
pursuant to Sections 41503 to 41505, inclusive.
(g) This section shall become operative on January 1, 2017.
SEC. 2.5. Section 39510 of the Health and Safety Code is amended
to read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 13 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems.
(c) Seven members shall have the following qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority
on health effects of air pollution.
(4) One member shall have training and experience in climate
change and the reduction of greenhouse gas emissions.
(5) Two members shall be public members.
(6) One member shall have the qualifications specified in
paragraph (1), (2), (3), or (4) or shall have experience in the field
of air pollution control.
(d) Six members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (c) to the extent
practicable. Of these six members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One shall be a board member from a district within the
Sacramento federal nonattainment area for ozone in either the
Sacramento district, the Placer County Air Pollution Control
District, the Yolo-Solano Air Quality Management District, the
Feather River Air Quality Management District, or the El Dorado
County Air Pollution Control District.
(6) One shall be a board member of any other district.
(e) Commencing on and after January 1, 2012, at least one of the
13 board members appointed pursuant to this section shall be an owner
within the past five years of a small business, as defined in
Section 14837 of the Government Code.
(f) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(g) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. A member of the state board shall not be precluded from
voting or otherwise acting upon any matter solely because that member
has voted or acted upon the matter in his or her capacity as a
member of a district board, except that a member of the state board
who is also a member of a district board shall not participate in any
action regarding his or her district taken by the state board
pursuant to Sections 41503 to 41505, inclusive.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2.7. Section 39510 is added to the Health and Safety Code, to
read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 13 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems.
(c) Seven members shall have the following qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority
on health effects of air pollution.
(4) One member shall have training and experience in climate
change and the reduction of greenhouse gas emissions.
(5) Two members shall be public members.
(6) One member shall have the qualifications specified in
paragraph (1), (2), (3), or (4) or shall have experience in the field
of air pollution control.
(d) Six members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (c) to the extent
practicable. Of these six members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One shall be a board member from a district within the
Sacramento federal nonattainment area for ozone in either the
Sacramento district, the Placer County Air Pollution Control
District, the Yolo-Solano Air Quality Management District, the
Feather River Air Quality Management District, or the El Dorado
County Air Pollution Control District.
(6) One shall be a board member of any other district.
(e) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(f) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. A member of the state board shall not be precluded from
voting or otherwise acting upon any matter solely because that member
has voted or acted upon the matter in his or her capacity as a
member of a district board, except that a member of the state board
who is also a member of a district board shall not participate in any
action regarding his or her district taken by the state board
pursuant to Sections 41503 to 41505, inclusive.
(g) This section shall become operative on January 1, 2017.
SEC. 3. Sections 2.5 and 2.7 of this bill incorporate amendments
to Section 39510 of the Health and Safety Code proposed by both this
bill and Assembly Bill 146. Those sections shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2012, (2) each bill amends Section 39510 of the
Health and Safety Code, and (3) this bill is enacted after Assembly
Bill 146, in which case Sections 1 and 2 of this bill shall not
become operative.
