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AB-423 San Diego County Air Pollution Control District: members.(2019-2020)

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Date Published: 04/01/2019 09:00 PM
AB423:v98#DOCUMENT

Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 423


Introduced by Assembly Member Gloria

February 07, 2019


An act to amend amend, repeal, and add Sections 40100 and 40100.5 of, and to add Section Sections 40100.6 and 40100.6.5 to, the Health and Safety Code, relating to the San Diego County Air Pollution Control District.


LEGISLATIVE COUNSEL'S DIGEST


AB 423, as amended, Gloria. San Diego County Air Pollution Control District: members.
(1) Existing law provides for the establishment of air pollution control districts and air quality management districts.
This bill would require require, as of March 1, 2021, the San Diego County Air Pollution Control District to have a specified membership. The bill would require the San Diego air district to create an internet website separate from the County of San Diego internet website and post specified information, including, among others, the agendas and minutes of the governing board of the San Diego air district and all permit information and enforcement actions; apply for statewide grant and incentive programs; create a public complaint and comment process, as specified; establish an emergency telephone hotline for the public reporting of violations endangering public health and the environment; expand the San Diego air district’s air monitoring program to include speciated carbon particulate matter and toxic air contaminants; publish an annual air quality report, as specified; and consider adopting an indirect source rule, as specified. By requiring local governments to appoint members to the San Diego County Air Pollution Control District governing board in a specified manner, manner and by adding to the duties of the San Diego air district, this bill would impose a state-mandated local program.
This bill, no later than June 1, 2020, would require the California State Auditor to complete an audit of the San Diego air district for the years 2013 to 2018. The bill, no later than June 1, 2020, would require the State Air Resources Board to complete a program audit of the San Diego air district for the years 2013 to 2018.
(2) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.

The

(3) 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 the statutory provisions noted above.

(2)

(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego County Air Pollution Control District.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature that the County of San Diego employees who currently work for the San Diego County Air Pollution Control District will not be affected by the governing board’s expansion and their jobs will be safe.

SEC. 2.

 Section 40100 of the Health and Safety Code is amended to read:

40100.
 (a) Except as provided in Section 40100.5, a county board of supervisors shall be ex officio the county district board of the county.
(b) This section shall become inoperative on March 1, 2021, and, as of January 1, 2022, is repealed.

SECTION 1.Section 40100 of the Health and Safety Code is amended to read:

SEC. 3.

 Section 40100 is added to the Health and Safety Code, to read:

40100.
 (a) Except as provided in Sections 40100.5 and 40100.6, a county board of supervisors shall be ex officio the county district board of the county.
(b) The section shall become operative on March 1, 2021.

SEC. 4.

 Section 40100.5 of the Health and Safety Code is amended to read:

40100.5.
 (a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.
(b) The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county, county and by a majority of the cities that contain a majority of the population in the incorporated area of the district.
(c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district.
(d) (1) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating.
(2) In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to serve and vote in place of the member who is absent or is disqualified from participating.
(3) The members of the governing board who are county supervisors shall be selected by the county.
(e) This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994, or to a county district having a population of more than 2,500,000 as of June 30, 1990.
(f) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows:
(1) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.
(2) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.
(3) The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision (d).
(4) For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.
(g) This section shall become inoperative on March 1, 2021, and, as of January 1, 2022, is repealed.

SEC. 2.Section 40100.5 of the Health and Safety Code is amended to read:

SEC. 5.

 Section 40100.5 is added to the Health and Safety Code, to read:

40100.5.
 (a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.
(b) The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county and by a majority of the cities that contain a majority of the population in the incorporated area of the district.
(c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district.
(d) (1) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating.
(2) In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to serve and vote in place of the member who is absent or is disqualified from participating.
(3) The members of the governing board who are county supervisors shall be selected by the county.
(e) (1) This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994.
(2) The membership of the governing board for the San Diego County Air Pollution Control District shall be determined pursuant to Section 40100.6.
(f) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows:
(1) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.
(2) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.
(3) The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision (d).
(4) For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.
(g) This section shall become operative on March 1, 2021.

SEC. 3.SEC. 6.

 Section 40100.6 is added to the Health and Safety Code, to read:

40100.6.
 (a) The members of the San Diego County Air Pollution Control District governing board shall be appointed as follows:
(1) Two members representing the board of supervisors as appointed by a majority of the board of supervisors.
(2) Three members representing the City of San Diego appointed by a majority of the city council members. The members shall be city council members or the mayor.
(3) One member representing the City of Chula Vista or the City of Oceanside. The member shall either be a city council member or the mayor and shall be appointed by a majority of their city council. The member shall serve one term, with the position rotating to the other city for the next term.
(4) One member representing the City of Escondido, the City of Carlsbad, the City of El Cajon, or the City of Vista. The member shall be a city council member or the mayor and shall be appointed by a majority of their city council. The member shall serve one term, with the position rotating to the next city listed in order in this paragraph for the next term.
(5) One member representing the City of San Marcos, the City of Encinitas, the City of National City, the City of La Mesa, the City of Santee, the City of Poway, the City of Imperial Beach, the City of Lemon Grove, the City of Coronado, the City of Solana Beach, or the City of Del Mar. The member shall be a city council member or the mayor and shall be appointed by a majority of their city council. The member shall serve one term, with the position rotating to the next city listed in order in this paragraph for the next term.
(6) Three public members shall be appointed by the members appointed pursuant to paragraphs (1) to (5), inclusive, at a public hearing. The public members shall be appointed according to the following:
(A) One public member shall be a physician or public health professional actively practicing within the boundaries of the San Diego County Air Pollution Control District. The member’s speciality shall be in the health effects of air pollution on vulnerable populations.
(B) One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the San Diego County Air Pollution Control District that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations. This member may be a resident of that community and have a demonstrated record of community leadership.
(C) One public member shall be a person with a scientific or technical background in air pollution, such as an environmental engineer, chemist, meteorologist, or air pollution specialist. The member shall not be affiliated with any entity that is permitted by the San Diego County Air Pollution Control District or that is a source of air pollution.
(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 the air pollution problems of the San Diego Air Basin.
(c) All members shall reside within the boundaries of the San Diego County Air Pollution Control District.

(d)(1)The term for each member of the district board shall be four years and until that member’s successor is appointed.

(2)If a city elects not to serve its term, the membership shall rotate to the next city listed in order in the applicable paragraph of subdivision (a).

(d) The terms of office for the San Diego County Air Pollution Control District shall be as follows:
(1) The term for each member of the San Diego County Air Pollution Control District governing board appointed pursuant to paragraphs (1) and (2) of subdivision (a) shall be four years and until that member’s successor is appointed.
(2) (A) The term for each member of the San Diego County Air Pollution Control District governing board appointed pursuant to paragraphs (3) to (5), inclusive, of subdivision (a) shall be two years and until that member’s successor is appointed.
(B) If a city elects not to serve its term, the membership shall rotate to the next city listed in order in the applicable paragraph of subdivision (a).
(3) The term for each member of the San Diego County Air Pollution Control District governing board appointed pursuant to paragraph (6) of subdivision (a) shall be four years and until that member’s successor is appointed.
(e) Each member of the San Diego County Air Pollution Control District governing board shall receive compensation of one hundred dollars ($100) for each day, or a portion thereof, but not to exceed one thousand dollars ($1,000) per month, while attending meetings of the district governing board or any committee of the district governing board or, upon authorization of the district governing board, while on official business of the San Diego County Air Pollution Control District, and the actual and necessary expenses incurred in performing the member’s official duties.
(f) This section shall become operative on March 1, 2021.

SEC. 7.

 Section 40100.6.5 is added to the Health and Safety Code, to read:

40100.6.5.
 (a) The San Diego County Air Pollution Control District, in addition to all other duties required of the San Diego County Air Pollution District pursuant to this division and any other law, shall do all of the following:
(1) Create an internet website separate from the County of San Diego internet website and post all of the following:
(A) Agendas and minutes of the governing board of the San Diego County Air Pollution Control District.
(B) All permit information in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process. Permitted potential maximum emissions shall be included along with actual emissions if available.
(C) All enforcement actions, including pending and completed information, in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process.
(D) All documents related to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Part 6 (commencing with Section 44300)), including all of the following:
(i) Completed air toxics emissions inventory reports and plans submitted by each facility pursuant to Chapter 3 (commencing with Section 44340) of Part 6.
(ii) Completed health risk assessments submitted by each facility pursuant to Chapter 4 (commencing with Section 44360) of Part 6.
(iii) A copy of the public notification provided by facility, as required by the San Diego County Air Pollution Control District’s rules and guidelines, and documentation of the required notice to exposed persons.
(iv) Complete airborne toxic risk reduction audit and plans submitted by each facility pursuant to Chapter 6 (commencing with Section 44390) of Part 6.
(E) The San Diego County Air Pollution Control District budget, including revenue and expense projections and actuals.
(2) Apply for statewide grant and incentive programs, including, but not limited to, all of the following:
(A) Programs allocating moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(B) Programs administered by the state board.
(C) Programs administered by the United States Environmental Protection Agency.
(D) Enhanced Fleet Modernization Program (Article 11 (commencing with Section 44124) of Chapter 5 of Part 5).
(3) Create a public complaint and comment process that includes all of the following:
(A) Is available via the San Diego County Air Pollution Control District’s internet website and smart phone.
(B) Makes all comments posted to the internet website accessible to the public.
(C) Monitors complaints seven days a week.
(D) Requires initial San Diego County Air Pollution Control District staff responses to the public to occur within 48 hours.
(E) Includes all actions taken to respond to public complaints on the San Diego County Air Pollution Control District’s internet website.
(4) Establish an emergency telephone hotline for the public reporting of violations endangering public health and the environment.
(5) (A) Expand the San Diego County Air Pollution Control District’s air monitoring program to include speciated carbon particulate matter and toxic air contaminants, including metals at all regional monitoring locations for a period of at least three years. At a later date, the governing board of San Diego County Air Pollution Control District may elect to evaluate the monitoring program and reduce monitoring requirements at some locations.
(B) The governing board of the San Diego County Air Pollution Control District also may allow for the substitution of newer monitoring technologies if the governing board of the district determines that newer methods are available and can produce equivalent or better monitoring data with equivalent or lower costs.
(C) Air monitoring data shall be real time and available to the public or available within 30 days of capture.
(6) Publish an annual air quality report that includes all of the following:
(A) Levels of criteria and noncriteria air pollutants, air toxics from monitors, and other sources of information.
(B) Enforcement actions.
(C) Revenue secured.
(D) Program outcomes.
(E) Emissions reduction progress.
(7) Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers.
(b) (1) No later than June 1, 2020, the California State Auditor shall complete an audit of the San Diego County Air Pollution Control District’s revenues and expenditures for the years 2013 to 2018, inclusive.
(2) No later than June 1, 2020, the state board shall complete a program audit of the San Diego County Air Pollution Control District for the years 2013 to 2018, inclusive.

SEC. 8.

 The Legislature finds and declares that Section 7 of this act, which adds Section 40100.6.5 to the Health and Safety Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
By requiring the San Diego County Air Pollution Control District to post specified information on its internet website, this act increases public access to public records, and thereby furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

SEC. 4.SEC. 9.

 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.

SEC. 5.SEC. 10.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the growing population of the County of San Diego and its goal of addressing climate change and air pollution.