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<ns0:Id>20250SB__044199INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-18</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Hurtado</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Hurtado</ns0:Name>
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<ns0:Title> An act to amend Section 39510 of, and to add Sections 39601.6 and 39601.7 to, the Health and Safety Code, relating to air pollution. </ns0:Title>
<ns0:RelatingClause>air pollution</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>State Air Resources Board: membership: removal: regulations: review.</ns0:Subject>
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<html:p>Existing law provides that the State Air Resources Board consists of 14 voting members, 12 of whom are appointed by the Governor, with the consent of the Senate, one of whom is appointed by the Senate Committee on Rules, and one of whom is appointed by the Speaker of the Assembly. Existing law specifies that voting members serve a term of 6 years. </html:p>
<html:p>This bill would authorize any member of the state board to be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency.</html:p>
<html:p>Existing law, the California Global Warming Solutions Act of 2006, establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The
act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. </html:p>
<html:p>This bill would, for any regulation proposed by the state board that would impose costs exceeding $10,000,000 on California consumers, require the state board to submit the proposed regulation to the Legislative Analyst for an independent economic analysis, as specified. The bill would require the state board to prepare and publish on its internet website a written response to the Legislative Analyst’s report no less than 30 days before adopting the proposed regulation, as provided. The bill would require the state board to publish on its internet website all final resolutions, supporting documents, and
proposed regulations in their complete and final form no less than 72 hours before any state board vote, and, once published, would prohibit any amendments, revisions, or alterations to be made to the final resolutions, supporting documents, or proposed regulations before the state board’s vote.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 39510 of the
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is amended to read:
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<ns0:Num>39510.</ns0:Num>
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<html:p>
(a)
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The State Air Resources Board is continued in existence in the California Environmental Protection Agency. The state board shall consist of 14 voting members.
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(b)
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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.
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(c)
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Of the members appointed pursuant to subdivision (b), six members shall have the following qualifications:
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<html:p>
(1)
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One member shall have training and experience in automotive engineering or
closely related fields.
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<html:p>
(2)
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One member shall have training and experience in chemistry, meteorology, or related scientific fields, including agriculture or law.
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(3)
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One member shall be a physician and surgeon or an authority on health effects of air pollution.
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<html:p>
(4)
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Two members shall be public members.
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<html:p>
(5)
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One member shall have the qualifications specified in paragraph (1), (2), or (3) or shall have experience in the field of air pollution control.
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<html:p>
(d)
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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:
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<html:p>
(1)
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One shall be a board member from the south coast district.
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<html:p>
(2)
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One shall be a board member from the bay district.
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<html:p>
(3)
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One shall be a board member from the San Joaquin Valley Unified Air Pollution Control District.
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(4)
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One shall be a board member from the San Diego County Air Pollution Control District.
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(5)
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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.
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<html:p>
(6)
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One shall be a board member of any other district.
</html:p>
<html:p>
(e)
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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.
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<html:p>
(f)
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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.
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<html:p>
(g)
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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 their 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 their district taken by the state board pursuant to Sections 41503 to 41505, inclusive.
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<html:p>
(h)
<html:span class="EnSpace"/>
(1)
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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.
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<html:p>
(2)
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Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if they cease 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.
</html:p>
<html:p>
(i)
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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.
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<html:p>
(j)
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Any member of the state board may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 39601.6 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Num>39601.6.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
For any regulation proposed by the state board that would impose costs exceeding ten million dollars ($10,000,000) on California consumers, the state board shall submit the proposed regulation to the Legislative Analyst for an independent economic analysis. The Legislative Analyst shall evaluate the regulation’s economic impacts, including, but not limited to, cost-effectiveness and distributional effects, and publish on its internet website a report of its findings.
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(b)
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The state board shall prepare and publish on its internet website a written response to the Legislative Analyst’s report no less than 30 days before adopting the proposed regulation. The response shall address the findings of the Legislative Analyst’s report and explain any
adjustments made to the proposed regulation in response to the analysis.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 39601.7 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Num>39601.7.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
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The state board shall publish on its internet website all final resolutions, supporting documents, and proposed regulations in their complete and final form no less than 72 hours before any state board vote.
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<html:p>
(2)
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Once published, no amendments, revisions, or alterations shall be made to the final resolutions, supporting documents, or proposed regulations before the state board’s vote.
</html:p>
<html:p>
(b)
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This section shall ensure that state board members and the public are provided with transparent and accessible information regarding the state board’s actions before any decisionmaking process.
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