Today's Law As Amended


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AB-135 State Air Resources Board: membership: small business owner. (2011-2012)



As Amends the Law Today


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 14 voting  11  members.
(b) Twelve 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) Of the members appointed pursuant to subdivision (b), six members  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) Of the members appointed pursuant to subdivision (b), six members  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 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. any other district. 
(6) One shall be a board member of any other district.
(e) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the state board who shall be a person who works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. 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 appointing authority  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) (1) Except for initial staggered terms that shall be established by the state board, the term of office for the voting members shall be six years. Upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to the requirement of subdivision (b), if applicable.
(2) (h)  Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if he or she ceases to hold the membership that qualifies that person to be appointed as a member of the state board. The membership on the state board held by that person shall terminate immediately upon ceasing to hold that qualifying membership. 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. 
(i) In addition to subdivision (a), two Members of the Legislature shall serve as ex officio, nonvoting members of the state board. One member shall be appointed by the Senate Committee on Rules. One member shall be appointed by the Speaker of the Assembly.

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 14 voting  13  members.
(b)   Twelve 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) Of the members appointed pursuant to subdivision (b), six members  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.
(4) (5)   Two members shall be public members.
(5) (6)   One member shall have the qualifications specified in paragraph (1), (2), (3),  or (3) (4)  or shall have experience in the field of air pollution control.
(d) Of the members appointed pursuant to subdivision (b), six members  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 the Sacramento  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) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the state board who shall be a person who works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. 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 appointing authority  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) (1) Except for initial staggered terms that shall be established by the state board, the term of office for the voting members shall be six years. Upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to the requirement of subdivision (b), if applicable.
(2) (h)  Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if he or she ceases to hold the membership that qualifies that person to be appointed as a member of the state board. The membership on the state board held by that person shall terminate immediately upon ceasing to hold that qualifying membership. 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. 
(i) In addition to subdivision (a), two Members of the Legislature shall serve as ex officio, nonvoting members of the state board. One member shall be appointed by the Senate Committee on Rules. One member shall be appointed by the Speaker of the Assembly.

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.