Bill Text: CA AB650 | 2023-2024 | Regular Session | Amended

California Assembly Bill 650 (Prior Session Legislation)

Bill Title: San Joaquin Valley Unified Air Pollution Control District: board.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB650 Detail]

Download: California-2023-AB650-Amended.html

Amended IN Assembly April 17, 2023

Amended IN Assembly March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 650

Introduced by Assembly Member Arambula

February 09, 2023

An act to amend Section 40600 of the Health and Safety Code, relating to air quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 650, as amended, Arambula. San Joaquin Valley Unified Air Pollution Control District: board.

Existing law authorizes the board of the San Joaquin Valley Unified Air Pollution Control District, composed of 15 members, including 5 city council members, to require the use of best available control technology, promote the use of alternative fuels, encourage and facilitate ridesharing, and require businesses to establish rideshare programs, as provided.

This bill would increase the term of office for the city council district members to 4 years from 3 years, would increase the term of office for the public member with medical or scientific expertise in the health effects of air pollution to 4 years from 3 years, and would add 4 public members to the district board, appointed by the Governor to serve 4-year terms, as specified. Of these 4, one member would be from a California Native American tribe chosen from a list of candidates submitted by local tribal organizations with a presence within the San Joaquin Valley Air Basin, and 3 members would be appointed with the advice and consent of the Speaker of the Assembly. Of those 3, 2 would be required to have subject matter expertise in environmental justice or social justice issues and to be selected from a list submitted by nonprofit organizations that have a presence within the San Joaquin Valley Air Basin, and one would be required to be a youth member that is a resident of ~~the County of Fresno or Madera,~~ a county within the San Joaquin Valley Unified Air Pollution Control District, as specified, to be between 18 and 26 years of age, and to be selected from a list submitted by either a youth-serving nonprofit organization or an institution of higher education, as specified.

Beginning January 1, 2024, but excluding district board membership held prior to January 1, 2024, this bill would make a member whose appointed terms span a total of 8 or more years ineligible for appointment.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 40600 of the Health and Safety Code is amended to read:

40600.

(a) The San Joaquin Valley Unified Air Pollution Control District formed by the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare pursuant to Chapter 3 (commencing with Section 40150), and consisting of the Counties of Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare, and that portion of the County of Kern that is within the San Joaquin Valley Air Basin, is a single integrated agency with all staff under one centralized management structure that is able to implement programs on a basinwide basis, and has all of the following:

(1) An individual air pollution control officer who is responsible for the issuance of all permits by the unified district.

(2) A single budget for the unified district with resources allocated based on the program needs of the San Joaquin Valley Air Basin.

(3) A uniform fee structure.

(4) Three hearing boards established pursuant to Section 40800. One hearing board shall serve the northern region, one shall serve the central region, and one shall serve the southern region. Identical policies governing the operation of each hearing board shall be established by the unified district board and shall be binding upon each hearing board.

(5) A citizen’s advisory committee.

(b) Rules and regulations adopted by the San Joaquin Valley Unified Air Pollution Control District are binding on all counties within the unified district. The unified district shall enforce all permits issued by the unified district and all permits issued by the individual county districts prior to formation of the unified district. The unified district shall review, revise, adopt, and implement any air pollution control plans required within the San Joaquin Valley Air Basin by state and federal law.

(c) Notwithstanding any other provision of law, the San Joaquin Valley Unified Air Pollution Control District shall be governed by a district board composed of 19 voting members, appointed as follows:

(1) Eight members, one of whom shall be appointed by each of the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The board of supervisors of each of those counties shall, by majority vote, appoint one of its members to serve as a member of the district board.

(2) Five city council members appointed by the special city selection committee created pursuant to Section 40600.5. The special city selection committee shall not appoint more than one city council member representing a city located in the same county. Of the five city council members appointed pursuant to this paragraph, three shall be from a city having a population of less than 100,000, with one member selected from the northern region, one from the central region, and one from the southern region of the district. The other two city council members appointed pursuant to this paragraph shall be from a city having a population of 100,000 or more, with each member selected from different regions of the district.

(3) The terms of office for members appointed pursuant to paragraph (2) shall be four years.

(4) Two public members appointed by the Governor, with the advice and consent of the Senate Committee on Rules, as follows:

(A) One public member who is a physician, actively practicing within the district, whose daily practice or research specialty lies in the health effects of air pollution on vulnerable populations.

(B) One public member who has medical or scientific expertise in the health effects of air pollution.

(5) The terms of office for the members initially appointed pursuant to subparagraphs (A) and (B) of paragraph (4) shall be four years.

(6) After the initial term of appointment, the terms of office for the members appointed pursuant to subparagraphs (A) and (B) of paragraph (4) shall be four years.

(7) One public member, appointed by the Governor, of a California Native American tribe selected from a list of candidates submitted by local tribal organizations that has a presence within the San Joaquin Valley Air Basin.

(8) The term of office for the member appointed pursuant to paragraph (7) shall be four years.

(9) Three public members appointed by the Governor, with the advice and consent of the Speaker of the Assembly, as follows:

(A) Two public members selected from a list submitted by a nonprofit organization that has a presence within the San Joaquin Valley Air Basin who has subject matter expertise in environmental justice or social justice issues.

(B) One public youth member selected from lists submitted by either of the following:

(i) A youth-serving nonprofit organization that has a presence within the ~~County of Fresno or Madera.~~ San Joaquin Valley Unified Air Pollution Control District as defined in subdivision (a).

(ii) An institution of higher education within the ~~County of Fresno or Madera.~~ San Joaquin Valley Unified Air Pollution Control District as defined in subdivision (a).

(C) The youth member shall be a resident of the County of ~~Fresno or Madera~~ Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, or Tulare, or of that portion of the County of Kern that is within the San Joaquin Valley Air Basin, and be between 18 and 26 years of age, inclusive, and shall not be an elected official.

(10) The terms of office for the members appointed pursuant to subparagraphs (A) and (B) of paragraph (9) shall be four years.

(d) Beginning January 1, 2024, and excluding district board membership held prior to January 1, 2024, a member whose appointed terms span a total of eight or more years shall no longer be eligible for appointment.

(e) Each member 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 air pollution problems of the San Joaquin Valley Air Basin.

(f) Each member shall be appointed on the basis of their ability to attend substantially all meetings of the district board, to discharge all duties and responsibilities of a member of the district board on a regular basis, and to participate actively in the affairs of the district. A member shall not designate an alternate for any purpose or otherwise be represented by another person in their capacity as a member of the district board.

(g) All members shall be residents of the district.

(h) Any vacancy in the office of a member of the district board shall be filled promptly by the appointing authority.

(i) As used in this section, the following terms have the following meanings:

(1) “Central region” means the Counties of Fresno, Kings, and Madera.

(2) “Northern region” means the Counties of Merced, San Joaquin, and Stanislaus.

(3) “Southern region” means the Counties of Kern and Tulare.

(4) “Tribal organization” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe that is recognized by the United States Secretary of the Interior and identified in the most current Federal Register, or that is listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.