Bill Text: CA AB397 | 2009-2010 | Regular Session | Introduced
Bill Title: South Coast Air Quality Management District: election of
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB397 Detail]
Download: California-2009-AB397-Introduced.html
BILL NUMBER: AB 397 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 23, 2009
An act to amend Section 40402 of, to amend and repeal Sections
40420, 40421.5, and 40422 of, and to add Section 40421 to, the Health
and Safety Code, relating to the South Coast Air Quality Management
District.
LEGISLATIVE COUNSEL'S DIGEST
AB 397, as introduced, Jeffries. South Coast Air Quality
Management District: election of board members.
The Lewis-Presley Air Quality Management Act establishes the South
Coast Air Quality Management District in those portions of the
Counties of Los Angeles, Orange, Riverside, and San Bernardino
included within the South Coast Air Basin as the local agency with
the responsibility for comprehensive air pollution control within the
basin. The act requires the south coast district to be governed by a
district board consisting of 13 appointed members.
This bill would require the members of the south coast district
governing board to be elected by divisions commencing with the 2012
general election. By imposing new duties on local officials in
establishing new electoral divisions and conducting elections, this
bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40402 of the Health and Safety Code is amended
to read:
40402. The Legislature finds and declares all of the following:
(a) That the The South Coast Air
Basin is a geographical entity not reflected by political boundaries.
(b) That the The basin is
acknowledged to have critical air pollution problems caused by the
operation of millions of motor vehicles in the basin, stationary
sources of pollution, frequent atmospheric inversions that trap
aerial contaminants, and the large amount of sunshine that transforms
vehicular and nonvehicular emissions into a variety of deleterious
chemicals.
(c) That these These critical air
pollution problems are most acute in the foothill communities of the
San Gabriel/Pomona Valleys and the Riverside/San Bernardino areas,
where pollutants which that originate
in other parts of the basin are trapped by geographical and
meteorological conditions characteristic of these areas.
(d) That the The state and federal
governments have promulgated ambient air quality standards for the
protection of public health, and it is in the public interest that
those standards not be exceeded.
(e) That, in In order to achieve and
maintain air quality within the ambient air quality standards, a
comprehensive basinwide air quality management plan must be developed
and implemented to provide for the rapid abatement of existing
emission levels to levels which that
will result in the achievement and maintenance of the state and
federal ambient air quality standards and to ensure that new sources
of emissions are planned and operated so as to be consistent with the
basin's air quality goals.
(f) That, in In recognition of the
fact that some regions within the basin face more critical air
pollution problems than others, it is necessary for the basinwide air
quality management plan to consider the specific air pollution
problems of regions within the air basin in planning for facilities
which that create new sources of
emissions.
(g) That, in In order to
successfully develop and implement a meaningful strategy for
achieving and maintaining ambient air quality standards, local
governments in the South Coast Air Basin must be delegated additional
authority from the state in the control of vehicular sources and
must retain existing authority to set stringent emission standards
for nonvehicular sources.
(h) That, in In order to successfully
implement a comprehensive program for the achievement and
maintenance of state and federal ambient air quality standards in the
South Coast Air Basin, the responsibilities of local and regional
authorities with respect to air pollution control and air quality
management plan adoption must be fully integrated into an agency with
basinwide authority , largely to be governed by
representatives of county and city governments .
SEC. 2. Section 40420 of the Health and Safety Code is amended to
read:
40420. (a) The south coast district shall be governed by a
district board consisting of 13 members appointed as follows:
(1) One member appointed by the Governor, with the advice and
consent of the Senate.
(2) One member appointed by the Senate Committee on Rules.
(3) One member appointed by the Speaker of the Assembly.
(4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:
(A) A member of the board of supervisors of the county making the
appointment.
(B) A mayor or member of a city council from a city in the portion
of the county making the appointment that is included in the south
coast district.
(5) Three members appointed by cities in the south coast district.
The city selection committee of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members, who
shall be either a mayor or a member of the city council of a city in
the portion of the county included in the south coast district.
(6) A member appointed by the cities of the western region of Los
Angeles County, consisting of the Cities of Agoura Hills, Artesia,
Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills, Calabasas,
Carson, Cerritos, Commerce, Compton, Cudahy, Culver City, Downey, El
Segundo, Gardena, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden
Hills, Huntington Park, Inglewood, La Habra Heights, La Mirada,
Lakewood, Lawndale, Lomita, Long Beach, Lynwood, Malibu, Manhattan
Beach, Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
South Gate, Torrance, Vernon, West Hollywood, Westlake Village, and
Whittier. These cities shall organize as a city selection committee
for the purposes of subdivision (f), and shall be known as the city
selection committee of the western region of Los Angeles County. The
member appointed shall be either a mayor or a member of the city
council of a city in the western region.
(7) A member appointed by the cities of the eastern region of Los
Angeles County, consisting of the cities in Los Angeles County that
are not listed in paragraph (6) or (8), and excluding the Cities of
Lancaster, Los Angeles, and Palmdale. These cities shall organize as
a city selection committee for the purposes of subdivision (f), and
shall be known as the city selection committee of the eastern region
of Los Angeles County. The member appointed shall be either a mayor
or a member of the city council of a city in the eastern region.
(8) A member appointed by the Mayor of the City of Los Angeles
from among the members of the Los Angeles City Council.
(b) All members shall be appointed 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 of the South Coast
Air Basin.
(c) The member appointed by the Governor shall be either a
physician who has training and experience in the health effects of
air pollution, an environmental engineer, a chemist, a meteorologist,
or a specialist in air pollution control.
(d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast
district board, to discharge all duties and responsibilities of a
member of the south coast district board on a regular basis, and to
participate actively in the affairs of the south coast district. No
member may designate an alternate for any purpose or otherwise be
represented by another in his or her capacity as a member of the
south coast district board.
(e) Each appointment by a board of supervisors shall be considered
and acted on at a duly noticed, regularly scheduled hearing of the
board of supervisors , which that shall
provide an opportunity for testimony on the qualifications of the
candidates for appointment.
(f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the city
selection committee, which shall meet in a government building and
provide an opportunity for testimony on the qualifications of the
candidates for appointment. Each appointment shall be made by not
less than a majority of all the cities in the portion of the county
included in the south coast district having not less than a majority
of the population of all the cities in the portion of the county
included in the south coast district. Population shall be determined
on the basis of the most recent verifiable census data developed by
the Department of Finance. Persons residing in unincorporated areas
or areas of a county outside the south coast district shall not be
considered for the purposes of this subdivision.
(g) The members appointed by the Senate Committee on Rules and the
Speaker of the Assembly shall have one or more of the qualifications
specified in subdivision (c) or shall be a public member. None of
those appointed members may be a locally elected official.
(h) All members shall be residents of the district.
(i) (1) The member who was serving on the district board as of
June 1, 2007, who had been appointed to represent the eastern region
of Los Angeles County shall be deemed on January 1, 2008, to be the
member appointed to represent the western region of Los Angeles
County pursuant to paragraph (6) of subdivision (a) and shall serve
from January 1, 2008, until the end of the term of office for the
member who had been appointed to represent the western region of Los
Angeles County. At the end of that term, the city selection committee
of the western region of Los Angeles County shall make an
appointment pursuant to paragraph (6) of subdivision (a).
(2) The member who was serving on the district board as of June 1,
2007, who had been appointed to represent the western region of Los
Angeles County shall be deemed on January 1, 2008, to be the member
appointed pursuant to paragraph (8) of subdivision (a) until the end
of that member's term. At the end of that term, the Mayor of the City
of Los Angeles shall make an appointment pursuant to paragraph (8)
of subdivision (a).
(3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly to
make an appointment pursuant to paragraph (7) of subdivision (a).
(j) This section shall become inoperative on December 4, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 3. Section 40421 is added to the Health and Safety Code, to
read:
40421. (a) Beginning on December 4, 2012, the south coast
district shall be governed by a district board consisting of 13
members by and from individual divisions. Each member shall be a
resident of the division from which the member is elected. A member
shall not designate an alternate for any purpose or otherwise be
represented by another person in his or her capacity as a member of
the south coast district board.
(b) Elections to elect a district board member for each division
shall be held commencing with the election on November 6, 2012.
Members elected on November 6, 2012, shall take office on December 4,
2012.
(c) A person shall not vote at any district election unless the
person resides in the division of the district in which the person
casts a vote.
(d) Each member of the board shall serve a term of four years. For
members elected on November 6, 2012, the elected district board
members shall select six board members by lot whose initial term
shall be for two years.
(f) the Candidate that receives the highest number of votes cast
for the position of board member for a division shall be elected as
board member for that division.
(g) Candidates shall declare their candidacy and shall be
nominated, election returns shall be canvassed, the election shall be
held and conducted, the results shall be declared, and the
certificates of election shall be issued, in the same manner as the
declaration of candidacy, nomination, election, canvassing of
returns, declaration of results, and issuance of certificates of
election are made, declared, held, and conducted, and issued, under
the Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10 of the Elections Code). Except as otherwise
provided in this chapter, the provisions of the Elections Code apply
to south coast district elections.
(h) The district board shall by January 1, 2012 divide the
territorial boundaries under the jurisdiction of the south coast
district into 13 divisions, with substantially equal populations. The
district board shall utilize the population data from the federal
2010 census in determining the boundaries of the divisions. The
district board shall conduct at least one public workshop in each
county within the south coast district, and shall conduct two public
hearings anywhere within the south coast district, before adopting
division boundaries pursuant to this section.
SEC. 4. Section 40421.5 of the Health and Safety Code is amended
to read:
40421.5. (a) For the purpose of complying
with Section 50271 of the Government Code, each mayor shall designate
a member of the city's legislative body to attend and vote in his or
her place and as his or her representative if the mayor is unable to
attend any meeting of the city selection committee to be held
pursuant to this article. If a mayor does not make this designation
within 10 days preceding a meeting of the city selection committee,
the legislative body shall designate one of its own members to
represent the city.
(b) This section shall become inoperative on December 4, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 5. Section 40422 of the Health and Safety Code is amended to
read:
40422. (a) The term of each member of the south coast district
board shall be four years and until his or her successor is
appointed. Upon the expiration of his or her term, a member who is a
mayor from the County of Orange or a member of a city council from
the County of Orange may be reappointed, in accordance with
subdivision (f) of Section 40420, within 60 days, and the office
shall become vacant if the member is not so reappointed within 60
days. Any vacancy on the south coast district board shall be filled
within 60 days of its occurrence by its appointing authority.
(b) The members first appointed to the board shall classify
themselves by lot so that the terms of four members expire January
15, 1990, the terms of four members expire January 15, 1991, and the
terms of three members expire January 15, 1992.
(c) Notwithstanding subdivision (a), no member of a board of
supervisors, mayor, or member of a city council shall hold office on
the south coast district board for more than 60 days after ceasing to
be supervisor, mayor, or member of the city council, respectively,
and the membership on the board held by that person terminates upon
the expiration of that 60-day period. However, any mayor who
immediately resumes the office of member of the city council, and any
member of a city council who becomes mayor, has not ceased to hold
office for the purposes of this subdivision.
(d) Any member who does not attend three consecutive meetings of
the south coast district board without good and sufficient cause
therefor, shall be removed by the appointing authority. Any member
who does not attend three consecutive meetings of the south coast
district board, without good and sufficient cause therefor, and is
not thereupon removed by the appointing authority, may be removed by
the affirmative vote of at least eight members of the south coast
district board.
(e) This section shall become inoperative on December 4, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
