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AB-1288 Air resources.(2015-2016)

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Assembly Bill No. 1288
CHAPTER 586

An act to amend Section 39510 of the Health and Safety Code, relating to air resources.

[ Approved by Governor  October 08, 2015. Filed with Secretary of State  October 08, 2015. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1288, Atkins. Air resources.
Existing law establishes the State Air Resources Board, consisting of 12 members appointed by the Governor and confirmed by the Senate. Existing law requires the State Air Resources Board to take certain actions regarding air pollution.
This bill would increase the membership of the state board to 14, with the Senate Committee on Rules and the Speaker of the Assembly each appointing one member, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 14 members.
(b) Twelve 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 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 shall be board members from districts who shall reflect the qualitative requirements of subdivision (c) to the extent practicable. Of these 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.
(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.
(f) Any vacancy shall be filled by the appointing authority 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.