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AB-1205 State Air Resources Board: elections.(2021-2022)



Current Version: 03/18/21 - Amended Assembly         Compare Versions information image


AB1205:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1205


Introduced by Assembly Member Frazier

February 19, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1205, as amended, Frazier. State Air Resources Board: elections.
Existing law provides that the State Air Resources Board shall consist of 14 voting members, 12 of whom shall be appointed by the Governor, with the consent of the Senate, one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly.
This bill would express the intent of the Legislature to enact subsequent legislation requiring that all members of the state board be elected, rather than appointed. require, as of January 1, 2025, that the state board consist of 14 voting members, 11 of whom shall be elected by district voters and 3 of whom shall be appointed by the Governor, the Senate pro Tempore, and the Speaker of the Assembly. The bill would provide that each elected state board member shall serve a 4-year term commencing on January 1 of the calendar year following a statewide election, with the first state board election occurring in 2024, and that no elected state board member shall serve more than a total of 3 terms. The bill would provide that the office of an elected state board member shall be a nonpartisan office, subject to the provisions specified in the Elections Code for nominations and elections. The bill would require the state board, on or before January 1, 2023, and within one year of each federal decennial census, to establish and adopt 11 districts within the state, as provided, and develop a map depicting the geographical boundaries of each district. The bill would require the state board to engage the public, as specified, prior to adopting the district boundaries and map. The bill would require that a vacancy of an elected state board position be filled by the Governor within 30 days of the date on which the vacancy occurs, and would identify the process pursuant to which an elected state board member may be recalled.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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 voting 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 the member’s 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 the member’s 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) 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 the member 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.
(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.
(j) This section shall remain in effect only until December 31, 2024, and as of that date is repealed.

SEC. 2.

 Section 39510 is added to the Health and Safety Code, to read:

39510.
 (a) (1) Beginning January 1, 2025, the state board shall consist of 14 voting members as follows:
(A) Eleven members elected pursuant to subdivision (b), with each member representing one of 11 districts established by the state board pursuant to subdivision (c).
(B) One member appointed by the Governor.
(C) One member appointed by the Senate Pro Tempore.
(D) One member appointed by the Speaker of the Assembly.
(2) Each elected state board member shall serve a four-year term commencing on January 1 of the calendar year following a statewide election. No elected state board member shall serve more than a total of three terms.
(b) (1) Elected state board members shall be elected at the statewide election, with the first state board election in 2024.
(2) The office of an elected state board member shall be a nonpartisan office, as defined in Section 334 of the Elections Code, subject to the provisions specified in the Elections Code for nominations and elections.
(c) (1) (A) On or before January 1, 2023, and within one year after each federal decennial census, the state board shall establish and adopt 11 districts within the state. The state board shall adopt boundaries for each district so that the districts shall be substantially equal in population. Population equality shall be based on the total population of residents of each county as determined by the most recent federal decennial census. In establishing district boundaries, the state board shall consider geography, cohesiveness, contiguity, and similarity of air quality concerns.
(B) The state board shall develop a map depicting the geographical boundaries of each district established pursuant to subparagraph (A).
(2) Before adopting the district boundaries and map required pursuant to paragraph (1), the state board shall do both of the following:
(A) Post the proposed district boundaries and draft map on its internet website for a 60-day public comment period.
(B) During the public comment period, hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more districts.
(3) The state board shall consider all public comments received pursuant to paragraph (2) in adopting the district boundaries and map required pursuant to paragraph (1). If the state board substantially revises the proposed district boundaries and draft map based on public comments, the state board shall post the proposed district boundaries and draft map for further public comment and hold additional hearings pursuant to paragraph (2).
(4) The state board shall post the adopted district boundaries and map on its internet website.
(d) (1) The Governor shall fill a vacancy of an elected state board position within 30 days of the date on which the vacancy occurs. A person appointed by the Governor pursuant to this paragraph shall serve the remainder of the predecessor elected state board member’s unexpired term.
(2) The appointing authority shall fill a vacancy of an appointed state board position.
(e) An elected state board member may be recalled in accordance with the procedures outlined in Chapter 1 (commencing with Section 11000) of Division 11 of the Elections Code.
(f) The term of a state board member appointed to the state board before December 31, 2024, and whose term extends beyond December 31, 2024, shall end on December 31, 2024.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation requiring that all members of the State Air Resources Board be elected, rather than appointed.