HomeMy WebLinkAbout1984-04-03; City Council; 7704; SB 1861 McCorquodale OpposeAB# 77 O 'f 1
MTG. 4/3/84
DEPT. __ c_M __
CIT~iF CARLSBAD -AGENDilLL
TITLE: SB 1861 -MCCORQUODALE -OPPOSE
RECOMMENDED ACTION:
DEPT.HD. -
CITY ATTY\Jfh
CITY MGR.~J
That Council oppose SB 1861 deleting representation for the
San Diego Region on the State Air Resources Board and that
notification of that position be given to appropriate committee
members along with the San Diego State Delegation.
ITEM EXPLANATION:
Three members of the State Air Resources Board are to be locally
elected officials from Air Pollution Control Districts and Air
Quality Management Districts. Two of the three District members
are required to be from the San Diego Air Pollution Control
District, South Coast Air Quality Management District, and the
Bay Area Air Quality Management District, on a rotational basis.
The Bay Area and San Diego are currently serving. Supervisor
Hamilton is the current San Diego representative.
This proposed bill would delete the San Diego Air Pollution
Control District from this provision and specify that the South
Coast and Bay Area Air Quality Management Districts would have
permanent representation.
EXHIBIT:
1. Letter of March 26, 1984 from APCD.
EXHIBIT 1
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R. J. Sommerville County of San Diego Air Pollution Control Officer
March 26, 1984
City of Carlsbad
Frank Aleshire, City Mgr.
1200 Elm Avenue
Carlsbad, CA 92008
SUBJECT
LEGISLATION DELETING REPRESENTATION FOR THE SAN DIEGO REGION ON THE STATE AIR
RESOURCES BOARD (SB 1861 -MCCORQUODALE)
REQUESTED ACTION
CITY COUNCIL OPPOSITION TO THE BILL AND NOTIFICATION OF THAT POSITION TO THE
APPROPRIATE COMMITEE -MEMBERS ALONG WITH THE SAN DIEGO STATE DELEGATION. THE
'iILL Is' CURRENTLY ,sfr FOR-APRll. io, IN THE SENATE GOVERNMENTAL COMMITTEE (ATTACHMENT).
LEGISLATIVE ,\SSESSMENT
PRESENT LAW:
Three members of the State Air Resources Board are to be locally elected
officials frcxn Air Pollution Control Districts and Air Quality Management
Districts. Two of the three District members are required to be frcxn the San
Diego Air Pollution Control District, South Coast Air Quality Management Dis-
trict, and the Bay Area Air Quality Management District, on a rotational basis.
The Bay Area and San Diego are currently serving. Supervisor Hamilton is the
current San Diego representative.
PROPOSED LAW:
This bill would delete the San Diego Air Pollution Control District frcxn this
provision and specify that the South Coast and Bay Area Air Quality Management
~istricts would have permanent representation.
AIR POLLUTION CONTROL DISTRICT
9150 Chesapeake Drive. San Diego, California 92123
(619) 565-5901
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AIR POLLUTION CONTROL BOARD (BOARD OF SUPERVISORS) POSITION:
Oppose unless amended to provide San Diego equal representation with the Bay
Area and South Coast Districts.
D ISCUSSI OtJ:
The bill is sponsored by the Bay Area District with support from the South
Coast. The industry view is that the Bay Area and South Coast Districts
contain almost all the major industry in California; thus, would prefer only
those Districts' representation be included on the State Board. There is
a 1 so an opinion that single Counties should not be represented. The real
issue is not industry or single County representation; rather, it is broad-
based statewide representation. In this case, San Diego is uniquely
repre~entative for the following reasons:
o This District represents the third largest urbanized area in California.
o The sophistication of the District is on par with the two largest
Districts. The intensity of the pollution problem is similar to the Bay Area.
o The local view in tenns of District size and the nature of its problems
is more representative of the 41 other Districts in the state than
either the Bay Area or South Coast Districts.
The reason that a specific amendment is not enumerated is that there are a
number of alternatives that would be consistent with the basic policy of
equal representation, including the current provisions.
If you have any questions regard·lng this matter, please call Paul Sidhu at
(619) 565-3940.
R •• S MERVILLE
Air Pollution Control Officer
RJS:jo
Attachment
ATTACHMENT
SENATE GOVERNMENTAL COMMITTEE MEMBERS
Ralph C. Bills (Chainnan)
William Campbell (Vice-Chainnan)
Alfred Alquist
Robert Beverly
Paul Carpenter
John Foran
Bill Greene
Barry Keene
Ken Maddy
t'\l an Robbins
Hershal Rosenthal
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SENATE BILL ,No._1861 '/1
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Introduced by Senator McCorquodale
February 14, 1984
An act to amend Sections 39510 and 39512.5 of, and to repeal
]ection 39510.5 of, the Health and Safety Code, relating to air
pollution. ·
LEGISLATIVE COUNSEL'S DIGEST
SB · 1861, as introduced, ·McCorquodale. State Air
Resources Board.
(1) Existing law requires 3 members of the State Air
Resources Board to be locally elected officials from air
pollution control districts and air quality management
districts. Two of the 3 members from tlistricts are required to
i be from the South Coast Air Quality Management District.
! . the Bay Area Air Quality Management District, and the San,
i l Diego Air Pollution Control District on a rotation basis. ; . /!
I ; This bill would delete the San Diego Air Pollution Control~
\ ; 1 District from this provision an~ specify that one member i i..,
4 ; \ would be from the South Coast Air Quality Management:
! : .. District and one member would be from the Bay Area Air
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; Quality Management District. .
· (2) Existing law requires the district from which a person
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qualified for membership as a locally elected official on the
state board to pay the expenses of the member while serving
on the state board to the extent that the expenses are not
payable or provided by another public agency.
This bill would instead require the state board to pay the
expenses of these members. The bill would repeal obsolete
. provisions.
j • Vote: majority. Appropriation: no. Fiscal committee: yes. I · '. · State-mandated local program: no. .
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SB 1861 -2-~ .
Tl1e people of the State _o/ Call/omia do enact as follows:
r . SECTION 1. Section 39510 of the Health and Safety
2 Code is amended to read: ·
3 39510. (a) The State Air Resources Board is
4 continued in existence in the Resources Aget1cy. The
5 state board shall consist of seven members.
6 {b) The members shall be appointed by the Governor
7 with the consent of the Senate on the basis of their
8 demonstrated interest and proven ability in the field of
9 air pollution control and the::.· understanding of the needs
10 of the general public in connection with air pollution
11 problems, and four members shall have the following
12 qualifications:
13 {l) One member shall have training and experience in
14 automotive engineering or closely related fields.
15 (2) One member shall have training and experience in
16 chemistry, meteorology, or related scientific fields,·
17 including agriculture, or law.
18 (3) One member shall be a physician and surgeon or
19 an authority on health effects of air pollution.
20 {4) One member shall be a public member.
21 ( c) Three members shall be locally elected officials
22 from the districts. The. members shall reflect the
23 qualitative requirements of subdivision (b) to the extent
24 practicable .
25 (1) Of these three members, ¼we shftll ~ m-Jtlffl
26 members one shall be a board member from the South
27 Coast Air Quality Management District; and 011e shall be
28 a. board member from the Bay Area Ai1~ Quality
29 Management District; eP ,the San Diego ~ Pallutioa
30 Coatrel Distrie-t: Membership ea ¼he eeftt'6· Bfttl'li re
31 Fotatcd among the thr-ee distrids ea ftft ftftflffl1t Jaa9i9-: li!el'
32 m, -Hie South ~ AiP Quality Managcmen~ District
33 ftae Be)' Afcft Aif QuaUt;r Managemea¼ ™.-1.~ GOOfti
34 members shftll be appointed te the sre-te hewrd: !ft -l983-;
35 a &m Diego Air Pollution Control District aeta'd mefftBeP
36 shtttl refJltU.'C the ~ · At-eft,.kJ'ttP Quality Mttaegemefl¼
37 Distriet board member. m ~; ft BftY k=eft i\iP Quality
38 Management District bonrd mcmhe"' fflttH !'eplaee ~
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-'!3~ SB 18Gi -..
l South Getl5f MP Qualit)' --?danE)g~ment -District board
2 member. I-a-subsequen\: )'ea-rs, the eeme p<-eHt er
3 rotation ~ he fellowed. .
4 (2) Of these three members, one shall be a board
5 member of one of the other cistricts.
· 6 ( d) Any vacancy shall be rilled by the Governor within
7 30 days of the date on which it occurs. If the Governor
8 fails to make an appointment for any vacancy within the
9 30-day period, the Senate Rules Committee may make
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10 the appointment to fill" the vacancy in accordance with
1 l the provisions of this section. ,
. ( J ( e) While serving on the state board, all members shas--
·-13 exercise their independent judgment as officers of the
14 state on behalf of the interests of the entire state in
15 further!ng the purposes of this division. No member of
16 the state board shall· be-: precluded from voting or
17 otherwise acting upon any matter solely because that
18 member has voted or acted upon the matter in his or her
19 capacity as a member of a district board, except that 110
20 member of the state board who is also a member of a
21 district board shall participate in any action regarding his
22 or her district taken by the state board pursuant to
23 Sections 41503 to 41505, inclusive.
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24 SEC. 2. Section 39510.5 of the Health and Safety Code
25 is repealed. __ .
t ~~ 39510.5-: ~ is the intent ef ~ Lcgi9lah11c te ppo•1idc.
\.. l ¼e ilie maximum extent possihle, re,-e smooth trftflsiUeiG
28 ftfffl continuity et the state heard.
29 ~ With respect te feet' mcm-eers eppeietcd p,urs1:mnt
30 48 subdiYision ~ &f 6eetien 39510, the Go•.·ernof shall
31 tlpf)eim the per5ons qualified fets·membership &em -these
32 persons whe en Oetobc, -1; -1-983:; we,e ser¥ins ft! a
33 member ef the 5fflte board, m!!ess ¾he person t, HM
34 twailablc fel' the ~niment.
35 ~ With respect'°' w· eppointmcnts made pursunn~ te
36 aubdir,•ision ~ ef Scctien 39510, the position le he filled
37 ~ an cleetcd public official woo is HM fretft a designated
• 38 district fflft)' he a person whe ea October -1; ¾98¼; Wft5
' ·39 scn•ing ~ e meffiber ef the st&te·•boofd ftftd Wtl9 HM
40~ appointed pursuunt te subdivisioH ,fttr,
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SB 1861 . .
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'· l SEC. 3. Section 39512.5 of the Health and Safety Code
2 is amended to read:
3 39512.5. {a) With respect to the members appointed
4 pursuant to subdivision {c) of Section 39510, those
5 members shall serve without compensation but shall be
6 reimbursed for actual and necessary expenses incurred in
7 the performance of their duties to the extent that
8 reimbursement for expense, is not otherwise provided or
9 payable by another public agency or agencies. Each
10 elected public official member of the state board shall
11 ·receive one hundred dollars ($100) for each clay, or
. . 12 portion thereof, but not to exceed one thousand dollars
.~:-13 ($1,000) in any month, attending meef:ings of. the state
· .. · 14 board or committees thereof, or upon authoirization of·
15 the state board while on official business of' the state
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16 board. .
17 (b) Reimbursements made pursuant to subdivision
18 {a) shall be made by the district tf&fft whieh ¼he per5&a
19 qualified fet' membership state bo;v:d. !!=he eiffl:ie¼ fflft)'
20 ttse sub'i'ention f-lift&.1 az.•a:ilable le~ &em ¼he tffi' f)Ollution
21 eontrel sue-.·ention pfogram l'Jlif9Uftnt te Chapter a
22 (eommeneiagwitft Seetion 39800} fel' the pli'lpOSC'J ef ¼his
23 seetion;
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