Bill Text: CA SB1387 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: South Coast Air Quality Management District board.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2016-09-01 - From Assembly without further action. [SB1387 Detail]

Download: California-2015-SB1387-Amended.html

---

BILL NUMBER: SB 1387	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2016

INTRODUCED BY    Senator   De León 
 Senators   De León,   Allen,   and
Lara 

                        FEBRUARY 19, 2016

   An act to amend  Section 13104 of the Probate Code,
relating to probate.   Sections 39616, 40420,  
and 40424 of the Health and Safety Code, relating to nonvehicular
air pollution. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1387, as amended, De León.  Collection or transfer of
personal property: affidavit procedure.   Nonvehicular
air pollution: market-based incentive programs: South Coast Air
Quality Management District board.  
   (1) Existing law authorizes the board of an air pollution control
or air quality management district to adopt a market-based incentive
program as an element of a district's plan for the attainment of the
state or federal ambient air quality standards. Existing law requires
a district board, within 5 years from the date of the adoption of a
market-based incentive program, to commence public hearings to
reassess the program and, within 7 years from the date of the air
district's initial adoption of the program, to ratify specified
findings with the concurrence of the State Air Resources Board. 

   This bill instead would require a district board to submit to the
State Air Resources Board for review and approval the district's plan
for attainment or a revision to that plan, as specified. The bill
also would require a district board to submit to the state board for
review and approval the district's market-based incentive program and
any revisions to that program, as specified. The bill would
prescribe specified actions for the state board to take if the state
board determines that a plan for attainment, a revision of a plan for
attainment, a market-based incentive program, or a revision to a
market-based incentive program do not comply with law. By adding to
the duties of air districts, this bill would impose a state-mandated
local program.  
   (2) Existing law establishes the South Coast Air Quality
Management District vested with the authority to regulate air
emissions from stationary sources located in the South Coast Air
Basin and establishes a district board, consisting of 13 members.
 
   This bill would add 3 members to the district board, as specified.
The bill would make various conforming changes.  
   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 no reimbursement is required by this
act for a specified reason.  
   Existing law requires, in order to collect money, receive tangible
personal property, or have evidences of a debt, obligation,
interest, right, security, or chose in action transferred under
specified provisions, an affidavit or a declaration under penalty of
perjury to be furnished to the holder of the decedent's property
stating certain information. Existing law requires reasonable proof
of the identity of each person executing the affidavit or declaration
to be provided to the holder of the decedent's property, and
authorizes the holder to, if the affidavit or declaration is executed
in the presence of the holder, reasonably rely on specified
information as reasonable proof of identity, including a passport
issued by a foreign government that has been stamped by the United
States Immigration and Naturalization Service, as specified.
 
   This bill would make nonsubstantive, technical changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 39616 of the   Health
and Safety Code   is amended to read: 
   39616.  (a)  The Legislature hereby finds and declares all of the
following:
   (1)  Several regions in California suffer from some of the worst
air quality in the United States.
   (2)  While traditional command and control air quality regulatory
programs are effective in cleaning up the air, other options for
improvement in air quality, such as market-based incentive programs,
 should   may  be explored, provided that
those programs result in  equivalent   greater
 emission reductions while  expending fewer resources
and while maintaining or enhancing the state's economy. 
 ensuring disadvantaged communities, as identified pursuant to
Section 39711, are not disproportionately impacted by pollution.

   (3)  The purpose of this section is to establish requirements
under which a district board may adopt market-based incentive
programs in a manner  which   that 
achieves the greatest air quality improvement while strengthening the
state's economy and preserving jobs.
   (b)  (1)  A district board may adopt a market-based incentive
program as an element of the district's plan for  the 
attainment of the state or federal ambient air quality standards.
   (2)  A market-based incentive program that satisfies the
conditions in this section may substitute for current command and
control regulations and future air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment, and may be implemented in lieu of some or all of the
control measures adopted by the district pursuant to Chapter 10
(commencing with Section 40910) of Part 3.
   (c)  In adopting rules  and regulations  to
implement a market-based incentive program, a district board shall,
at the time that the rules  and regulations  are
adopted, make express findings, and shall, at the time that the rules
 and regulations  are submitted to the state board,
submit appropriate  information,   information
 to substantiate the basis for making the findings that each of
the following conditions is met on an overall districtwide basis:
   (1)  The program will result in an equivalent or greater reduction
in emissions at equivalent or less cost compared with current
command and control regulations and future air quality measures that
would otherwise have been adopted as part of the district's plan for
attainment.
   (2)  The program will provide a level of enforcement and
monitoring, to ensure compliance with emission reduction
requirements, comparable with command and control air quality
measures that would otherwise have been adopted by the district for
inclusion in the district's plan for attainment.
   (3)  The program will establish a baseline methodology that
provides appropriate credit so that stationary sources of air
pollution  which   that  have been modified
prior to implementation of the program to reduce stationary source
emissions are treated equitably.
   (4)  The program will not result in a greater loss of jobs or more
significant shifts from higher to lower skilled jobs, on an overall
districtwide basis, than that which would exist under command and
control air quality measures that would otherwise have been adopted
as part of the district's plan for attainment. A finding of
compliance with this requirement may be made in the same manner as
the analyses made by the district to meet the requirements of Section
40728.5.
   (5)  The program will promote the privatization of compliance and
the availability of data in computer format. The district shall
endeavor to provide sources with the option to keep records by way of
electronic or computer data storage systems, rather than mechanical
 devices   devices,  such as strip chart
recorders.
   (6)  The program will not in any manner delay, postpone, or
otherwise hinder district compliance with Chapter 10 (commencing with
Section 40910) of Part 3.
   (7)  The program will not result in disproportionate impacts,
measured on an aggregate basis, on those stationary sources included
in the program compared to other permitted stationary sources in the
district's plan for attainment.
   (d)  (1)  A district's plan for attainment or plan revision
submitted to the state board  prior to January 1, 1993,
 shall  be designed to  achieve equivalent
emission reductions and reduced cost and job impacts compared to
current command and control regulations and future air quality
measures that would otherwise have been adopted as part of the
district's plan for attainment. A district shall not implement a
market-based incentive program or any revisions to an adopted
market-based incentive program  unless the state board has
determined that the plan or plan revision complies with this
paragraph.
   (2)   (A)    A plan or plan revision 
submitted on or after January 1, 1993,  shall  be
designed to  meet the provisions of subdivision (c) and
Section 40440.1 if applicable. The state board shall  approve
  review, approve, disapprove, or amend and approve
 the plan or plan revision prior to program implementation, and
shall make its determination not later than  90 
 60  days from the date of  submittal  
submission  of the plan or plan revision. 
   (B) (i) If the state board determines that a plan or plan revision
submitted pursuant to this paragraph does not comply with this
section, the state board within 60 days of the date of the submission
of the plan or plan revision, shall do all of the following: 

   (I) Notify the district.  
   (II) Revise the plan or plan revision so that the plan or plan
revision complies with this section.  
   (III) Approve the plan or plan revision.  
   (ii) If the state board approves a plan or plan revision pursuant
to this subparagraph, the plan or plan revision shall take effect
immediately and be binding on the district. 
   (3)   (A)    Upon the adoption of rules 
and regulations  to implement the program in accordance
with subdivision (c), the district shall submit the rules 
and regulations  to the state board. The state board shall,
within 90 days from the date of  submittal,  
submission,  determine whether the rules  and
regulations  meet the requirements of this section and
Section 40440.1, if applicable. This paragraph does not prohibit the
district from implementing the program upon the approval of the plan
or plan revision and prior to  submittal  
submission  of the  rules and regulations. 
 rules.  
   (B) (i) If the state board determines that a district rule does
not comply with this section, the state board, within 60 days of the
date of the submission of the rule, shall do all of the following:
 
   (I) Notify the district.  
   (II) Revise the rule so that the rule complies with this section.
 
   (III) Adopt the rule.  
   (ii) If the state board approves a rule pursuant to this
subparagraph, the rule shall take effect immediately and have the
same legal force and effect as a district rule. 
   (e)  Within five years from the date of  the  adoption of
a market-based incentive program, the district board shall commence
public hearings to reassess the program and shall, not later than
seven years from the date of the district's initial adoption of the
program, ratify the findings required pursuant to paragraphs (1),
(2), (5), and (6) of subdivision (c) and the district's compliance
with Section 40440.1, if applicable, with the concurrence of the
state board. If the district board fails to ratify the findings
within the seven-year period, the district board shall make
appropriate revisions to the district's plan for attainment.
   (f)  The district board shall reassess a market-based incentive
program if the market price of emission trading units exceeds a
predetermined level set by the district board. The district board may
take action to revise the program. A predetermined market price
review level shall be set in a public hearing in consideration of the
costs of command and control air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment, costs and factors submitted by interested parties, and
any other factors considered appropriate by the district board. The
district board may revise the market price review level for emission
trading units every three years during attainment plan updates
required under Section 40925. In revising the market price review
level, the district board shall consider the factors used in setting
the initial market price review level as well as other economic
impacts, including the overall impact of the program on job loss,
rate of business formation, and rate of business closure.
   (g)  For sources not included in market-based incentive programs,
this section does not apply to, and shall in no way limit, existing
district authority to facilitate compliance with particular emission
control measures by imposing or authorizing sourcewide emission caps,
alternative emission control plans, stationary for mobile source
emission trades, mobile for mobile source emission trades, and
similar measures, whether imposed or authorized by rule or permit
condition.
   (h)  This section does not apply to the implementation of
market-based transportation control measures  which 
 that  do not involve emissions trading.
   SEC. 2.    Section 40420 of the   Health and
Safety Code   is amended to read: 
   40420.  (a) The south coast district shall be governed by a
district board consisting of  13   16 
members appointed as follows:
   (1)  One member   (A)    
Two members  appointed by the Governor, with the advice and
consent of the Senate. 
   (B) One member appointed pursuant to this paragraph shall be a
representative of a bona fide nonprofit environmental justice
organization that advocates for clean air and pollution reductions in
one or more communities within the South Coast Air Basin. 
   (2)  One member   (A)    
Two members  appointed by the Senate Committee on Rules. 
   (B) One member appointed pursuant to this paragraph shall be a
representative of a bona fide nonprofit environmental justice
organization that advocates for clean air and pollution reductions in
one or more communities within the South Coast Air Basin. 
   (3)  One member   (A)    
Two members  appointed by the Speaker of the Assembly. 
   (B) One member appointed pursuant to this paragraph shall be a
representative of a bona fide nonprofit environmental justice
organization that advocates for clean air and pollution reductions in
one or more communities within the South Coast Air Basin. 
   (4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:
   (A) A member of the board of supervisors of the county making the
appointment.
   (B) A mayor or member of a city council from a city in the portion
of the county making the appointment that is included in the south
coast district.
   (5) Three members appointed by cities in the south coast district.
The city selection committee of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members, who
shall be either a mayor or a member of the city council of a city in
the portion of the county included in the south coast district.
   (6) A member appointed by the cities of the western region of Los
Angeles County, consisting of the Cities of Agoura Hills, Artesia,
Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills, Calabasas,
Carson, Cerritos, Commerce, Compton, Cudahy, Culver City, Downey, El
Segundo, Gardena, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden
Hills, Huntington Park, Inglewood, La Habra Heights, La Mirada,
Lakewood, Lawndale, Lomita, Long Beach, Lynwood, Malibu, Manhattan
Beach, Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
South Gate, Torrance, Vernon, West Hollywood, Westlake Village, and
Whittier. These cities shall organize as a city selection committee
for the purposes of subdivision (f), and shall be known as the city
selection committee of the western region of Los Angeles County. The
member appointed shall be either a mayor or a member of the city
council of a city in the western region.
   (7) A member appointed by the cities of the eastern region of Los
Angeles County, consisting of the cities in Los Angeles County that
are not listed in paragraph (6) or (8), and excluding the Cities of
Lancaster, Los Angeles, and Palmdale. These cities shall organize as
a city selection committee for the purposes of subdivision (f), and
shall be known as the city selection committee of the eastern region
of Los Angeles County. The member appointed shall be either a mayor
or a member of the city council of a city in the eastern region.
   (8) A member appointed by the Mayor of the City of Los Angeles
from among the members of the Los Angeles City Council.
   (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 air pollution problems of the South Coast
Air Basin.
   (c) The member appointed by the Governor  who is not the
member appointed pursuant to subparagraph (B) of paragraph (1) of
  subdivision (a)  shall be either a physician who has
training and experience in the health effects of air pollution, an
environmental engineer, a chemist, a meteorologist, or a specialist
in air pollution control.
   (d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast
district board, to discharge all duties and responsibilities of a
member of the south coast district board on a regular basis, and to
participate actively in the affairs of the south coast district.
 No   A  member  may  
shall not  designate an alternate for any purpose or otherwise
be represented by another in his or her capacity as a member of the
south coast district board.
   (e) Each appointment by a board of supervisors shall be considered
and acted on at a duly noticed, regularly scheduled hearing of the
board of supervisors, which shall provide an opportunity for
testimony on the qualifications of the candidates for appointment.
   (f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the city
selection committee, which shall meet in a government building and
provide an opportunity for testimony on the qualifications of the
candidates for appointment. Each appointment shall be made by not
less than a majority of all the cities in the portion of the county
included in the south coast district having not less than a majority
of the population of all the cities in the portion of the county
included in the south coast district. Population shall be determined
on the basis of the most recent verifiable census data developed by
the Department of Finance. Persons residing in unincorporated areas
or areas of a county outside the south coast district shall not be
considered for the purposes of this subdivision.
   (g) The members appointed by the Senate Committee on Rules and the
Speaker of the Assembly  who are not the members appointed
pursuant to subparagraph (B) of paragraph (2) or subparagraph (B) of
paragraph (3) of subdivision (a)  shall have one or more of the
qualifications specified in subdivision (c) or shall be a public
member. None of those appointed members may be a locally elected
official.
   (h) All members shall be residents of the district.
   (i) (1) The member who was serving on the district board as of
June 1, 2007, who had been appointed to represent the eastern region
of Los Angeles County shall be deemed on January 1, 2008, to be the
member appointed to represent the western region of Los Angeles
County pursuant to paragraph (6) of subdivision (a) and shall serve
from January 1, 2008, until the end of the term of office for the
member who had been appointed to represent the western region of Los
Angeles County. At the end of that term, the city selection committee
of the western region of Los Angeles County shall make an
appointment pursuant to paragraph (6) of subdivision (a).
   (2) The member who was serving on the district board as of June 1,
2007, who had been appointed to represent the western region of Los
Angeles County shall be deemed on January 1, 2008, to be the member
appointed pursuant to paragraph (8) of subdivision (a) until the end
of that member's term. At the end of that term, the Mayor of the City
of Los Angeles shall make an appointment pursuant to paragraph (8)
of subdivision (a).
   (3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly to
make an appointment pursuant to paragraph (7) of subdivision (a).
   SEC. 3.    Section 40424 of the   Health and
Safety Code   is amended to read: 
   40424.  (a)  Except as provided in subdivision (b),  seven
  nine  members of the south coast district board
shall constitute a quorum, and no official action shall be taken by
the south coast district board except in the presence of a quorum and
upon the affirmative votes of a majority of the members of the south
coast district board.
   (b)  Notwithstanding subdivision (a), whenever there are two or
more vacancies on the south coast district board,  six
  eight  members shall constitute a quorum, and the
two vacant positions shall not be counted toward the majority
required for official action by the south coast district board.
Thereafter, whenever at least one of those vacancies is filled, the
quorum and voting requirements of subdivision (a) shall apply.
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 13104 of the Probate Code is
amended to read:
   13104.  (a) Reasonable proof of the identity of each person
executing the affidavit or declaration shall be provided to the
holder of the decedent's property.
   (b) Reasonable proof of identity is provided for the purposes of
this section if both of the following requirements are satisfied:
   (1) The person executing the affidavit or declaration is
personally known to the holder.
   (2) The person executes the affidavit or declaration in the
presence of the holder.
   (c) If the affidavit or declaration is executed in the presence of
the holder, a written statement under penalty of perjury by a person
personally known to the holder affirming the identity of the person
executing the affidavit or declaration is reasonable proof of
identity for the purposes of this section.
   (d) If the affidavit or declaration is executed in the presence of
the holder, the holder may reasonably rely on any of the following
as reasonable proof of identity for the purposes of this section:
   (1) An identification card or driver's license issued by the
Department of Motor Vehicles that is current or was issued during the
preceding five years.
   (2) A passport issued by the United States Department of State
that is current or was issued during the preceding five years.
   (3) Any of the following documents if the document is current or
was issued during the preceding five years and contains a photograph
and description of the person named on it, is signed by the person,
and bears a serial or other identifying number:
   (A) A passport issued by a foreign government that has been
stamped by the United States Customs and Border Protection.
   (B) A driver's license issued by a state other than California.
   (C) An identification card issued by a state other than
California.
   (D) An identification card issued by any branch of the armed
forces of the United States.
   (e) For the purposes of this section, a notary public's
certificate of acknowledgment identifying the person executing the
affidavit or declaration is reasonable proof of identity of the
person executing the affidavit or declaration.
   (f) Unless the affidavit or declaration contains a notary public's
certificate of acknowledgment of the identity of the person, the
holder shall note on the affidavit or declaration either that the
person executing the affidavit or declaration is personally known or
a description of the identification provided by the person executing
the affidavit or declaration.