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SB-1415 Bay Area Air Quality Management District: advisory council.(2013-2014)

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SB1415:v95#DOCUMENT

Senate Bill No. 1415
CHAPTER 696

An act to amend, repeal, and add Section 40262 of the Health and Safety Code, relating to the Bay Area Air Quality Management District.

[ Approved by Governor  September 27, 2014. Filed with Secretary of State  September 27, 2014. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1415, Hill. Bay Area Air Quality Management District: advisory council.
(1) Existing law establishes the Bay Area Air Quality Management District, which is vested with the authority to regulate air emissions located in the boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara and portions of the Counties of Solano and Sonoma. Existing law establishes a district board to govern the district.
Existing law also establishes the Bay Area Air Quality Management Advisory Council, which consists of the chair of the district board and 20 members appointed by the district board, as specified, for the purposes of advising and consulting with the district board and air pollution control officer in the implementation of their authority to regulate air emissions.
This bill, beginning July 1, 2015, would abolish the membership of the council, would reconstitute the membership of the council to include 7 appointed members, and would require the members to be skilled and experienced in the fields of air pollution, climate change, or the health impacts of air pollution and to include a diversity of perspectives, expertise, and backgrounds. By adding to the duties of the district, this bill would impose a state-mandated local program.
(2) 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   Local Program: YES  

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


SECTION 1.

 Section 40262 of the Health and Safety Code is amended to read:

40262.
 (a) (1) The council shall consist of the chair of the bay district board, who shall serve as an ex officio member, and 20 members who preferably are skilled and experienced in the field of air pollution, including at least three representatives of public health agencies, at least four representatives of private organizations active in conservation or protection of the environment within the bay district, and at least one representative of colleges or universities in the state and at least one representative of each of the following groups within the bay district: regional park district, park and recreation commissions or equivalent agencies of any city, public mass transportation system, agriculture, industry, community planning, transportation, registered professional engineers, general contractors, architects, and organized labor.
(2) To the extent that suitable persons cannot be found for each of the specified categories specified in paragraph (1), council members may be appointed from the general public.
(b) This section shall become inoperative on July 1, 2015, and, as of January 1, 2016, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2016, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 40262 is added to the Health and Safety Code, to read:

40262.
 The council shall consist of the following:
(a) The chair of the bay district board, who shall serve as an ex officio member.
(b) Seven members who shall be skilled and experienced in the fields of air pollution, climate change, or the health impacts of air pollution. Members shall be selected to include a diversity of perspectives, expertise, and backgrounds.
(c) This section shall become operative on July 1, 2015.

SEC. 3.

 Notwithstanding Section 40263 of the Health and Safety Code, the term appointments of the members of the Bay Area Air Quality Management Advisory Council as it exists on June 30, 2015, shall terminate as of July 1, 2015.

SEC. 4.

 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.