CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 423

Author:(Gloria)

As Amended Ver:August 30, 2019

Majority vote

SUMMARY:

Restructures the governing board of the San Diego County Air Pollution Control District (District), which is currently governed by the five San Diego County Supervisors, to be governed by an 11-member board consisting of two county supervisors, six council members or mayors from specified cities, and three public members. Adds specified duties to the district and requires an audit of the district by the Air Resources Board (ARB).

The Senate Amendments:

1. Require that one of the two supervisors be the supervisor currently serving on the ARB.
2. Reduce the members representing the City of San Diego from three to one.
3. Increase the members representing other cities from three to five, with one city council member from each of the five supervisorial districts.
4. Require, beginning March 1, 2021, specified district expenses be provided by an annual per capita assessment imposed on an equitable per capita basis on each city and county included in the district by the governing board.

COMMENTS:

San Diego County is second only to Los Angeles County in population, with approximately 3.3 million residents, approximately 1.4 million of whom live in the City of San Diego.

San Diego's county-only air district board is an anomaly. San Diego has the largest population by far of any county air district, and it is the only urban county air district with no city representation. There are 35 air districts covering California's 58 counties. Of the 21 single county districts, seven have boards with city representation and 14 have boards that are only county supervisors.

The other 20 single county districts are primarily rural. The next most populous county districts, including Ventura, Santa Barbara, and Placer, all include city representation. After San Diego, the next largest county without city representation on the air district board is Imperial, with a population of 180,000.

According to the Author:

The San Diego Air Pollution Control District Board is the only governing board of a large metropolitan area in California that is governed solely by the County Board of Supervisors.  This structure is antiquated and unfair in that it denies cities a voice and gives the county indirect land use authority. This structure also does not reflect the diversity of county residents. Every other large air district in California has a board that includes representation from cities.  The San Diego Air Pollution Control District Board should be reformed to conform to the standards of the other large areas in the state. San Diego is one of the top-five air districts in terms of both population and pollution sources, and the APCD board should include equal voices from the cities and reflect the diversity of the country residents. This proposal puts San Diego in line with the other large districts, and makes it more representative of all the region's residents and businesses.

Arguments in Support:

Supporters argue this bill will rectify a 25 year old exemption that has allowed San Diego to languish behind the other large regions in the state including Los Angeles (South Coast), the Bay Area, and the San Joaquin Valley. This bill ensures that San Diego will have a board with diverse representation from every city to address the most urgent air pollution needs.

Arguments in Opposition:

Opponents argue this bill will cause the District to increase permit costs, delay permit issuance, and expose propriety business data.

FISCAL COMMENTS:

According to the Senate Appropriations Committee:

1. One-time CARB costs of approximately $180,000 and 1.0 personnel year (PY) annually through 2020-21 to complete the program audit. (Air Pollution Control Fund)
2. CARB also estimates ongoing costs of approximately $180,000 and 1.0 PY annually beginning in 2021-22 for coordination with the District and for long-term monitoring and oversight functions (Air Pollution Control Fund). Staff notes that it is unclear whether a full-time PY of staff would be necessary to perform these functions, but that ongoing staffing needs would be evaluated through the budget process.
3. Unknown, but likely minor, state-mandated costs for cities and the county to establish processes and procedures for appointing the District governing board members. These costs could be state-reimbursable, to the extent affected local entities file a successful claim with the Commission on State Mandates, which seems unlikely, considering those administrative costs would likely be minor (General Fund). Mandated costs related to the new requirements placed upon the District are not state-reimbursable because the district has the authority to levy fees and charges to offset any administrative costs imposed by this bill.

VOTES:

ASM NATURAL RESOURCES: 8-2-1

YES: Friedman, Chau, Eggman, Cristina Garcia, Limón, McCarty, Muratsuchi, Mark Stone

NO: Mathis, Melendez

ABS, ABST OR NV: Flora

ASM APPROPRIATIONS: 14-3-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Obernolte

ABS, ABST OR NV: Fong

ASSEMBLY FLOOR: 56-14-10

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooper, Cunningham, Diep, Eggman, Flora, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Holden, Irwin, Jones‑Sawyer, Kalra, Kamlager-Dove, Levine, Limón, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Weber, Wicks, Wood, Rendon

NO: Bigelow, Brough, Chen, Choi, Dahle, Gallagher, Kiley, Lackey, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

ABS, ABST OR NV: Cooley, Daly, Fong, Eduardo Garcia, Gray, Grayson, Low, Maienschein, Mayes, Ting

SENATE FLOOR: 29-11-0

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

NO: Bates, Borgeas, Chang, Dahle, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

UPDATED:

VERSION: August 30, 2019

CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0002252

 THIRD READING  

Bill No: AB 423

Author: Gloria (D)

Amended: 8/30/19 in Senate

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 6/26/19

AYES: McGuire, Beall, Hertzberg, Hurtado, Wiener

NO VOTE RECORDED: Moorlach, Nielsen

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 7/3/19

AYES: Allen, Hill, Skinner, Stern, Wieckowski

NOES: Bates, Dahle

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/30/19

AYES: Portantino, Bradford, Durazo, Hill, Wieckowski

NOES: Bates, Jones

ASSEMBLY FLOOR: 56-14, 5/28/19 - See last page for vote

SUBJECT: San Diego County Air Pollution Control District: members

SOURCE: Environmental Health Coalition

DIGEST:

This bill restructures the governing board of the San Diego County Air Pollution Control District (SDAPCD) to include city and public representatives, imposes new requirements on SDAPCD, and requires the California Air Resources Board (CARB) to conduct a specified program audit of the SDAPCD.

ANALYSIS:

Existing law:

1. Establishes CARB as a regulatory entity responsible for the control of mobile-source air pollution, including adoption of rules for reducing vehicle emissions and the specification of vehicular fuel composition. Stationary sources of air pollution, such as factories and refineries, are under the jurisdiction of local air districts, in conjunction with CARB.
2. Specifies the membership of these local air districts’ governing boards, but there are many variations. Most county air districts must have both mayors or city council members and county supervisors to reflect the geographic diversity of the county. Cities and the county meet and determine the appropriation composition, subject to a specified approval process. A city selection committee selects the city council members for the board, and the board of supervisors selects its representatives. Of the 21 single county districts, seven have boards with city representation and 14 have boards with only county supervisors.
3. Specifies that the county board of supervisors is the governing body of a single-county district where the incorporated area is 35% or less of the total county population or if the county has a population greater than 2.5 million (only San Diego County meets the latter category). After San Diego, the next largest single-county air district without city representation on its board is in Imperial County, which has around 190,000 residents.
4. Provides that, if these funding sources do not provide the district with sufficient revenues to meet its expenses, an air district can levy an annual per capita assessment on those cities that have agreed to have a member on the district board and on the county or counties included within the district. Any annual per capita assessment imposed on the cities and/or counties included in a district must be imposed on an equitable per capita basis.

This bill:

1. Changes the composition of the SDAPCD’s governing board, beginning on March 1, 2021, from a five-member board comprised of the San Diego County board of supervisors, to a specified 11-member board comprised of:
2. Two county supervisors, appointed by the board of supervisors, one of whom must be the member currently serving on CARB.
3. The mayor or a city council member from the City of San Diego.
4. Five members who are city council members from each of the five supervisorial districts selected by city selection committees representing the cities in each district, with no single city having more than two representatives.
5. Three public members with specified expertise appointed by the other members. These members include:
   • 1. A physician or public health professional.
     2. A person representing environmental justice interests.
     3. A person with scientific or technical background in air pollution.
6. One of the governing board members shall be designated as a liaison to the U.S. Navy, Marines, and Coast Guard, and the district would be required to consult with those military entities on all permitting, rules, regulations, and planning issues that may have an impact on their respective missions.
7. Requires the SDAPCD to do all of the following, in addition to all other duties specified in statute:
8. Create and maintain a separate Web site, and post specified information, including meeting minutes, district budget, all applications for an authority to construct or a permit to operate, settled enforcement actions, and specified documents related to the Air Toxics Hot Spots Information and Assessment Act of 1987.
9. Post all applications for authority to construct or a permit to operate within three business days of their receipt, as well as accept and consider all public comments received before their final action as specified.
10. Apply for statewide grant and incentive programs, including programs funded with Greenhouse Gas Reduction Fund revenues, programs administered by CARB and the U.S. Environmental Protection Agency, and the Enhanced Fleet Modernization Program.
11. Evaluate the current public complaint process and provide a recommended plan for improving that process by December 2021, including specified information.
12. Develop a plan for a comprehensive air monitoring program by December 2021, including an evaluation of monitor locations, and making air monitoring data available to the public within a reasonable period of time, no longer than 14 months from the date of collection, as specified.
13. Publish a specified annual air quality report.
14. Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers.
15. Prepare, no later than July 1, 2021, a report for the SDAPCD governing board summarizing all actions taken on applications for authority to construct or a permit to operate in the 2020 calendar year, as specified, to consider whether the SDAPCD provided sufficient opportunity for public input.
16. Requires CARB to complete a program audit of the SDAPCD by June 1, 2021, that covers the years 2013 to 2018, inclusive.
17. Requires any SDAPCD expenses that are not met by specified funding sources be provided by an annual per capita assessment imposed on an equitable per capita basis on each city and county included in SDAPCD. At least 30 days before the assessment is imposed, the SDAPCD governing board must hold a public hearing including data supporting the assessment.

Background

SDAPCD represents over three million people across the 18 cities and unincorporated areas in San Diego County. The County Board of Supervisors governs the District’s $73.4 million annual budget and over 150 staff members. SDAPCD issues permits to over 4,000 local businesses and public agencies, and conducts over 10,000 inspections each year. The District’s largest revenue sources are intergovernmental revenues, including state and federal programs; licenses, permits, and franchises; and other financing sources. Recently, and for the third time, San Diego’s climate action plan to control greenhouse gas (GHG) emissions was found to be insufficient to comply with state GHG reduction goals and was rejected by the courts. The American Lung Association’s recent air quality scorecard gave San Diego an “F” and ranked it as having the sixth worst smog pollution in the U.S. for the fifth year in a row.

Comments

1. Purpose of the bill. According to the author, “The San Diego Air Pollution Control District Board is the only governing board of a large metropolitan area in California that is governed solely by the County Board of Supervisors. This structure is antiquated and unfair in that it denies cities a voice and gives the county indirect land use authority. This structure also does not reflect the diversity of county residents. Every other large air district in California has a board that includes representation from cities. The San Diego Air Pollution Control District Board should be reformed to conform to the standards of the other large areas in the state. San Diego is one of the top-five air districts in terms of both population and pollution sources, and the APCD board should include equal voices from the cities and reflect the diversity of the country residents. This proposal puts San Diego in line with the other large districts, and makes it more representative of all the region’s residents and businesses.”
2. How would this work? AB 423 makes significant changes to the SDAPCD board. Under the new structure, a mix of county supervisors, city council members, and public members would replace the County Board of Supervisors. Many county and regional air districts already include a mix of supervisors and city council members. However, rather than replicate existing air district models, the bill creates an entirely new structure. The key feature of this new structure is that it shifts the balance of power from county supervisors to city council members. Instead of taking up all of the five board seats, county supervisors would only have two out of 11 (18%) board seats. Under the new 11-member structure, six of the 11 members (55%) would represent cities.
3. No rest for the weary. AB 423 sets up an ambitious timeline for the restructured board to follow. First, the new board has to be formed by March 2021. By December 2021, SDAPCD must complete a series of tasks, including developing a specified plan for a comprehensive air monitoring program. The bill also places additional responsibilities on CARB, who must complete a program audit for SDAPCD by June 2021. These new requirements on SDAPCD and CARB could provide valuable information regarding how the District could improve, but the timelines may prove challenging for these organizations to meet.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• One-time CARB costs of approximately $180,000 and 1.0 PY annually through 2020-21 to complete the program audit. (Air Pollution Control Fund)
• CARB also estimates ongoing costs of approximately $180,000 and 1.0 PY annually beginning in 2021-22 for coordination with SDAPCD and for long-term monitoring and oversight functions (Air Pollution Control Fund). Staff notes that it is unclear whether a full-time PY of staff would be necessary to perform these functions, but that ongoing staffing needs would be evaluated through the budget process.
• Unknown, but likely minor, state-mandated costs for cities and the county to establish processes and procedures for appointing SDAPCD governing board members. These costs could be state-reimbursable, to the extent affected local entities file a successful claim with the Commission on State Mandates, which seems unlikely, considering those administrative costs would likely be minor (General Fund). Mandated costs related to the new requirements placed upon the SDAPCD are not state-reimbursable because the district has the authority to levy fees and charges to offset any administrative costs imposed by this bill.

SUPPORT: (Verified 9/6/19)

Environmental Health Coalition (source)

350 Bay Area Action

350 San Diego Action

American Lung Association

California Environmental Justice Alliance

Center on Race, Poverty, & the Environment

Central Valley Air Quality Coalition

City of National City

Circulate San Diego

City of Escondido, Council Member Olga Diaz, District 3

Climate Action Campaign

Coalition for Clean Air

Environmental Health Coalition

International Brotherhood of Electrical Workers Local Union 569

San Diego City Council President Georgette Gomez

San Diego LGBT Community Center

Sierra Club California

OPPOSITION: (Verified 9/6/19)

California Association of Port Authorities

Marine Group Boat Works

ASSEMBLY FLOOR: 56-14, 5/28/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooper, Cunningham, Diep, Eggman, Flora, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Weber, Wicks, Wood, Rendon

NOES: Bigelow, Brough, Chen, Choi, Dahle, Gallagher, Kiley, Lackey, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

NO VOTE RECORDED: Cooley, Daly, Fong, Eduardo Garcia, Gray, Grayson, Low, Maienschein, Mayes, Ting

Prepared by: Jonathan Peterson / GOV. & F. / (916) 651-4119

9/6/19 15:00:09

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 423 (Gloria) - San Diego County Air Pollution Control District: members

Bill Summary:

AB 423 would restructure the governing board of the San Diego County Air Pollution Control District (SDAPCD) to include city and public representatives, impose new requirements on SDAPCD, and require the California Air Resources Board (CARB) to conduct a specified program audit of the SDAPCD.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 30, 2019

Fiscal Impact:

• One-time CARB costs of approximately $180,000 and 1.0 PY annually through 2020-21 to complete the program audit. (Air Pollution Control Fund)
  
• CARB also estimates ongoing costs of approximately $180,000 and 1.0 PY annually beginning in 2021-22 for coordination with SDAPCD and for long-term monitoring and oversight functions (Air Pollution Control Fund). Staff notes that it is unclear whether a full-time PY of staff would be necessary to perform these functions, but that ongoing staffing needs would be evaluated through the budget process.
  
• Unknown, but likely minor, state-mandated costs for cities and the county to establish processes and procedures for appointing SDAPCD governing board members. These costs could be state-reimbursable, to the extent affected local entities file a successful claim with the Commission on State Mandates, which seems unlikely, considering those administrative costs would likely be minor (General Fund). Mandated costs related to the new requirements placed upon the SDAPCD are not state-reimbursable because the district has the authority to levy fees and charges to offset any administrative costs imposed by the bill.

Author Amendments:

• Delete the requirement for SDAPCD to post on its website all pending permits 30 days in advance of approval and provide for public comment, and instead require all applications be posted for an authority to construct or a permit to operate, and specify that, as of July 1, 2020, all applications must be posted within 3 business days of receipt, and that all public comments must be considered before approval of an application.
• Delete the requirement for SDAPCD to post on its website all notices of violation with searchable features, and instead require the posting of face sheets of violation notices 30 days after issuance. Notices found to be issued in error within 30 days of issuance would not be posted.
• Specify that only specified documents related to air toxics events that are completed and approved by the district must be posted on its website.
• Specify that the recommended plan to updating the public complaint process must include a component for complaint response within 48 hours.
• Specify the information related to each complaint that must be posted on SDAPCD’s website.
• Delete current provisions related to air monitoring data, and instead require that data to be publicly available within a reasonable period not to exceed 14 months from the date of collection.
• Require the SDAPCD’s governing board to establish a specified air monitoring data program.
• Require the preparation of a report by July 1, 2021 for consideration by the governing board that summarizes all actions taken on applications to construct or permit to operate in the 2020 calendar year, and consider amendments to rules to ensure adequate opportunity for public comment on those applications, as specified.
• Delete specified conditions on the charging of an annual per capita assessment, and instead require the assessment to cover SDPCD expenses not covered by other specified funding sources. The governing board must hold a public hearing at least 30 days prior to imposing the assessment that includes data supporting the assessment and any schedule that may apply.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 423 (Gloria) - San Diego County Air Pollution Control District: members

Bill Summary:

AB 423 would restructure the governing board of the San Diego County Air Pollution Control District (SDAPCD) to include city and public representatives, impose new requirements on SDAPCD, and require the California Air Resources Board (CARB) to conduct a specified program audit of the SDAPCD.

Fiscal Impact:

• One-time CARB costs of approximately $180,000 and 1.0 PY annually through 2020-21 to complete the program audit. (Air Pollution Control Fund)
  
• CARB also estimates ongoing costs of approximately $180,000 and 1.0 PY annually beginning in 2021-22 for coordination with SDAPCD and for long-term monitoring and oversight functions (Air Pollution Control Fund). Staff notes that it is unclear whether a full-time PY of staff would be necessary to perform these functions, but that ongoing staffing needs would be evaluated through the budget process.
  
• Unknown, but likely minor, state-mandated costs for cities and the county to establish processes and procedures for appointing SDAPCD governing board members. These costs could be state-reimbursable, to the extent affected local entities file a successful claim with the Commission on State Mandates, which seems unlikely, considering those administrative costs would likely be minor (General Fund). Mandated costs related to the new requirements placed upon the SDAPCD are not state-reimbursable because the district has the authority to levy fees and charges to offset any administrative costs imposed by the bill.

Background:

Existing law establishes CARB as a regulatory entity responsible for the control of mobile-source air pollution, including adoption of rules for reducing vehicle emissions and the specification of vehicular fuel composition. Stationary sources of air pollution, such as factories and refineries, are under the jurisdiction of local air districts, in conjunction with CARB. The Federal Clean Air Act of 1963 and its implementing regulations are intended to protect public health and environmental quality by limiting and reducing pollution from various sources. Regions that do not meet the national standards for any one of the standards are designated “nonattainment areas.” San Diego County is currently in nonattainment for federal ozone standards, as well as state ozone and particulate matter standards.

CARB oversees the state’s 35 air districts. Existing law specifies the membership of these local air districts’ governing boards, but there are many variations. Most county air districts must have both mayors or city council members and county supervisors to reflect the geographic diversity of the county. Cities and the county meet and determine the appropriation composition, subject to a specified approval process. A city selection committee selects the city council members for the board, and the board of supervisors selects its representatives. Of the 21 single county districts, seven have boards with city representation and 14 have boards with only county supervisors. Existing law specifies that the county board of supervisors is the governing body of a single-county district where the incorporated area is 35% or less of the total county population or if the county has a population greater than 2.5 million (only San Diego County meets the latter category). After San Diego, the next largest single-county air district without city representation on its board is in Imperial County, which has around 190,000 residents.

Air districts generally receive funding from grants, subventions, permit fees, penalties, and/or a surcharge or fee on motor vehicles registered in the district. If these funding sources do not provide the district with sufficient revenues to meet its expenses, an air district can levy an annual per capita assessment on those cities that have agreed to have a member on the district board and on the county or counties included within the district. Any annual per capita assessment imposed on the cities and/or counties included in a district must be imposed on an equitable per capita basis.

Proposed Law:

AB 423 would change the composition of the SDAPCD’s governing board, beginning on March 1, 2021, from a five-member board comprised of the San Diego County board of supervisors, to a specified 11-member board comprised of:

• Two county supervisors, appointed by the board of supervisors, as specified.
• The mayor or a city council member from the City of San Diego.
• Five members who are city council members from each of the five supervisorial districts selected by city selection committees representing the cities in each district.
• Three public members with specified expertise appointed by the other members.
• One of the governing board members shall be designated as a liaison to the US Navy, Marines, and Coast Guard, and the district would be required to consult with those military entities on all permitting, rules, regulations, and planning issues that may have an impact on their respective missions.
  

The bill would require the SDAPCD to do all of the following, in addition to all other duties specified in statute:

• Create and maintain a separate website, and post specified information, including meeting minutes, district budget, current and pending permits, notices of violation, and specified documents related to the Air Toxics Hot Spots Information and Assessment Act of 1987.
• Apply for statewide grant and incentive programs, including programs funded with Greenhouse Gas Reduction Fund revenues, programs administered by CARB and the US Environmental Protection Agency, and the Enhanced Fleet Modernization Program.
• Evaluate the current public complaint process and provide a recommended plan for improving that process by December 2021.
• Develop a specified plan for a comprehensive air monitoring program by December 2021.
• Publish a specified annual air quality report.
• Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers.

The bill would require CARB to complete a program audit of the SDAPCD by June 1, 2021 that covers the years 2013 to 2018, inclusive.

The bill would also require any SDAPCD expenses that are not met by specified funding sources to be provided by an annual per capita assessment on the cities that have agreed to have a member on the district board and on the county, as specified. The per capita assessment would only apply if the SDAPCD governing board votes to impose the assessment in a public meeting, which would occur at least 30 days after a previous public hearing on the assessment, and the governing board considers any relevant audits or reviews related to the creation of the new governing board, as specified.

Staff Comments:

Recently, and for the third time, San Diego’s climate action plan to control GHG emissions was found to be insufficient to comply with state greenhouse gas reductions goals and was rejected by the courts. The American Lung Association’s recent air quality scorecard gave San Diego an “F” and ranked it as having the sixth worst smog pollution in the US for the fifth year in a row. Based on the shortcomings of San Diego County’s climate actions to date, AB 423 requires CARB to perform a program audit of the SDAPCD by June 1, 2021 for the years of 2013 through 2018. CARB indicates that it does not currently have adequate resources to conduct comprehensive air district oversight or an in depth audit, and it can only conduct a high-level program audit of the SDAPCD describing and documenting summary-level operational rulemaking, permitting, and enforcement related activities conducted by the SDAPCD, considering the limited time constraints specified in the bill.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2019 - 2020 Regular

Bill No: AB 423

SUBJECT: San Diego County Air Pollution Control District: members

DIGEST: This bill restructures the San Diego County Air Pollution Control District (SDCAPCD), which is currently comprised exclusively of members of the County Board of Supervisors, to include 11 members representing a range of cities and specified backgrounds. AB 423 also tasks SDCAPCD with specified tasks including those relating to local emission measurement and control, and requires the state Air Resources Board with performing an audit of the SDCAPCD between 2013 and 2018.

ANALYSIS:

Existing federal law sets, through the Federal Clean Air Act (FCAA) and its implementing regulations, National Ambient Air Quality Standards (NAAQS) for six criteria pollutants, designates air basins that do not achieve NAAQS as nonattainment, allows only California to set vehicular emissions standards stricter than the federal government, and allows other states to adopt either the federal or California vehicular emissions standards. (42 U.S.C. §7401 et seq.)

Existing state law:

1. Establishes the Air Resources Board (ARB) as the air pollution control agency in California and requires the ARB, among other things, to control emissions from a wide array of mobile sources and implement the FCAA. (Health and Safety Code (HSC) §39500 et seq.)
   
2. Establishes local air districts (HSC §40000 et seq.) in order to, subject to the power and duties of ARB, and among other things:
   
   1. Achieve and maintain state and federal ambient air quality standards.
      
   2. Adopt rules and regulations reducing criteria pollutants.
      
   3. Allow approval of alternative methods of emission control compliance, including emissions reductions, monitoring, or recordkeeping.
      
   4. May sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution.
      
3. Establishes, as a part of the Charge Ahead Initiative, the Enhanced Fleet Modernization Program (EFMP)—funded with moneys from the Enhanced Fleet Modernization Subaccount within the High Polluter Repair or Removal Account within the Vehicle Inspection and Repair Fund—to incentivize the voluntary retirement of passenger vehicles and light- and medium-duty trucks. (HSC §44125 et seq.).

This bill:

1. States that it is the intent of the legislature for San Diego County Air Pollution Control District (District) employees keep their jobs through the above expansions.
   
2. Dictates a restructuring of the Board of the District to, instead of being comprised solely of members of the San Diego County Board of Supervisors, have members representing the following specified locales or backgrounds, to serve for specified terms:
   
   1. Two representatives from the San Diego County Board of Supervisors, to serve 4 year terms.
      
   2. Three representatives from the City of San Diego, to serve 4 year terms.
      
   3. One representative from either the City of Chula Vista or Oceanside, to serve rotating 2 year terms.
      
   4. One representative from either the City of Escondido, Carlsbad, El Cajon, or Vista, to serve rotating 2 year terms.
      
   5. One representative from either the City of San Marcos, Encinitas, National City, La Mesa, Santee, Poway, Imperial Beach, Lemon Grove, Coronado, Solana Beach, or Del Mar, to serve rotating 2 year terms.
      
   6. Three representatives from the public, with designated expertise as a public health professional, an air pollution specialist, and in environmental justice.
      
3. Specifies duties the restructured District must conduct including:
   
   1. Creating and maintaining a website with pertinent information regarding air pollution emissions, enforcement actions, notices of violations, audits, budgets, and other such information.
      
   2. Apply for statewide grant and incentive programs, including, but not limited to state and federal air pollution mitigation efforts.
      
   3. Develop a plan for a comprehensive air monitoring program.
      
   4. Publish an annual air quality report.
      
   5. Consider adopting an indirect source rule to address mobile source pollution.
      
4. Tasks the state Air Resources Board with conducting an audit of the District’s operations between 2013 and 2018.
   

Background

1. Regulatory jurisdiction. State law assigns the ARB with primary responsibility for control of mobile-source air pollution, including adoption of rules for reducing vehicle emissions and the specification of vehicular fuel composition. Stationary sources of air pollution, such as factories and refineries, are under the jurisdiction of local air districts (e.g., South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District). ARB and the local air districts share jurisdiction over emissions of toxics from stationary sources.
   
2. Air quality standards. The Federal Clean Air Act (FCAA) passed in 1963 and has been revised many times thereafter. The FCAA and its implementing regulations are intended to protect public health and environmental quality by limiting and reducing pollution from various sources. Under the FCAA, the United States Environmental Protection Agency (US EPA) establishes National Ambient Air Quality Standards (NAAQS) that apply to outdoor air throughout the country.
   
   Regions that do not meet the national standards for any one of the standards are designated “nonattainment areas.” The FCAA sets deadlines for attainment based on the severity of nonattainment and requires states to develop comprehensive plans, known as the state implementation plan (SIP), to attain and maintain air-quality standards for each area designated nonattainment for NAAQS.
   
   San Diego County is currently in nonattainment for federal ozone (8-hour) standards, as well as state ozone (1- and 8-hour), particulate matter < 10 micron, and particulate matter < 2.5 micron standards.
   
3. Problems with San Diego’s current air pollution control. SDAPCD recently began the process of adjusting their acceptable toxic air contaminant levels, which, at 100 incidences of cancer predicted per million people, was among the highest in the state. This level had been set in the 1980’s and has persisted since.
   
   Recently, and for the third time, San Diego’s climate action plan to control GHG emissions was found to be insufficient to comply with state GHG reduction goals and was rejected by the courts. The American Lung Association’s recent air quality scorecard gave San Diego an “F” and ranked it as having the sixth worst smog pollution in the US for the fifth year in a row. Earlier versions of the county’s climate action plan included continued increasing of GHG emissions; these decisions were supported by Board members who did not believe in anthropogenic contributions to global climate change.
   
   The proponents of the bill contend that the proposed structuring of the Board will lead to decisions being made that better represent San Diego County’s various cities, and will facilitate meaningful GHG and air pollution mitigation efforts. SDAPCD represents over 3 million people in 18 cities, while the Board is entirely made up of members of the San Diego County Board of Supervisors.

Comments

1. Purpose of Bill. According to the author, “The San Diego Air Pollution Control District Board is the only governing board of a large metropolitan area in California that is governed solely by the County Board of Supervisors.  This structure is antiquated and unfair in that it denies cities a voice and gives the county indirect land use authority.  This structure also does not reflect the diversity of county residents. Every other large air district in California has a board that includes representation from cities.  The San Diego Air Pollution Control District Board should be reformed to conform to the standards of the other large areas in the state.  San Diego is one of the top-five air districts in terms of both population and pollution sources, and the APCD board should include equal voices from the cities and reflect the diversity of the country residents. This proposal puts San Diego in line with the other large districts, and makes it more representative of all the region’s residents and businesses.”
   
2. What do other air districts do? In 1947, California created air pollution control districts (APCD) or air quality management districts (AQMD) in every county of the state. Some districts have combined districts to serve a region larger than a single district. In total, California has 22 APCDs, 12 AQMDs and 1 Air Resources District for a total of 35 districts. Other large metropolitan areas have boards of directors which represent different regions within the district; the Bay Area Air Quality Management District Board has 24 members split by population of constituent counties, South Coast Air Quality Management District has a governing board of 13 members representing counties and cities within the district, and so on.
   
   To the extent feasible, each air district provides services to its constituents mostly in line with what is outlined in AB 423. Air districts control emissions, regulate facilities, and research new technology to bring their constituents into air quality standard attainment. While the added responsibilities AB 423 requires the restructured SDAPCD to fulfill will likely create more work, this is not unreasonable, and amendments previously made to this bill will ensure that added work is justly compensated.
   
3. ARB audit. Based on the shortcomings of San Diego County’s climate actions to date, AB 423 requires the state ARB to perform a program audit of the SDCAPCD for the years of 2013 through 2018. Given the important of FCAA and state air quality standard compliance and the scale to which such a highly-populated region maintained and elevated air pollution levels, this audit seems appropriate. However, given the timing of this legislation and the work required, the committee may wish to consider amending this measure to give ARB more time to complete a thorough and complete audit.
   
   Additionally, the author accepted amendments to AB 423 in the Senate Governance & Finance Committee on June 25^th, but due to timing constraints those amendments will be crossed by this committee.

DOUBLE REFERRAL:

This measure was heard in Senate Governance & Finance Committee on June 25^th, 2019, and passed out of committee with a vote of 5-0.

SOURCE:

Author

SUPPORT:

350 Bay Area

350 San Diego

American Lung Association

California Environmental Justice Alliance

CEJA

Circulate San Diego

Climate Action Campaign

Coalition for Clean Air

Environmental Health Coalition EHC

Georgette Gomez, San Diego City Council President

IBEW Local Union 569

Olga Diaz, Escondido City Councilwoman

San Diego LGBT Center

Sierra Club California

OPPOSITION:

None received

-- END --

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2019 - 2020 Regular

San Diego County Air Pollution Control District: members

Restructures the governing board for the San Diego County Air Pollution Control District and places additional requirements on the District.

Background

California Air Resources Board. California’s efforts to protect the public from the harmful effects of air pollution and help prepare the state for the effects of climate change involves federal, state, and local governments. The California Air Resources Board (CARB) works with the federal Environmental Protection Agency (EPA) and spearheads the state’s non-vehicular air pollution efforts through 35 air pollution control districts and air quality management districts (air districts). CARB comprises 16 members, including 12 members the Governor appoints and the Senate confirms. Five of these members serve on local air districts, four are experts in fields that shape air quality rules, two are members of the public, and one serves as the CARB chair. The remaining four members include two members who represent environmental justice communities (one each appointed by the Senate and the Assembly) and two non-voting members for Legislative oversight (also one each appointed by the Senate and the Assembly). AB 197 (Eduardo Garcia, 2016) established staggered six-year terms for CARB’s voting members.

Local air districts. CARB oversees the state’s 35 air districts, who adopt and enforce rules and regulations to achieve and maintain state and federal air quality standards affected by businesses and facilities, ranging from oil refineries to auto body shops to dry cleaners. State law spells out the membership of these local air districts’ governing boards, but there are many variations. Some are county-specific, while others are regional entities with representation from more than one county, and some have their own specific governing statutes. While governance structures vary, each district appoints an air pollution control officer, whose responsibilities include enforcing all orders, regulations, and rules the district board prescribes.

Air districts generally receive funding from grants, subventions, permit fees, penalties, and/or a surcharge or fee on motor vehicles registered in the district. If these funding sources do not provide the district with sufficient revenues to meet its expenses, an air district can levy an annual per capita assessment on those cities that have agreed to have a member on the district board and on the county or counties included within the district. Any annual per capita assessment imposed on the cities and/or counties included in a district must be imposed on an equitable per capita basis.

Most county air districts must have both mayors or city council members and county supervisors to reflect the geographic diversity of the county. Cities and the county meet and determine the appropriation composition, which a majority of county supervisors and a majority of the cities representing a majority of the county’s population must approve. A city selection committee selects the city council members for the board, and the board of supervisors selects its representatives. Of the 21 single county districts, seven have boards with city representation and 14 have boards with only county supervisors.

These provisions do not apply to counties where the incorporated area is 35% or less of the total county population or if the county has a population greater than 2.5 million (AB 75, Hauser, 1993). In single-county air districts that meet these criteria, the board of supervisors remains the governing body of the air district. The only single county air district with a population over 2.5 million is San Diego. Air districts in other major metropolitan areas of the state tend to be regional entities, such as South Coast Air Quality Management District, which oversees much of the Los Angeles metropolitan area, and have special statutes typically with larger governing boards. After San Diego, the next largest single-county air district without city representation on its board is in Imperial County, which has around 190,000 residents.

San Diego County Air Pollution Control District. The San Diego County Air Pollution Control District (SDAPCD) represents over 3 million people across the 18 cities and unincorporated areas in San Diego County. The County Board of Supervisors governs the District’s $73.4 million annual budget and over 150 staff members. SDAPCD issues permits to over 4,000 local businesses and public agencies, and conducts over 10,000 inspections each year. The districts largest revenue sources are intergovernmental revenues, including state and federal programs; licenses, permits, and franchises; and other financing sources.

The Board has faced recent criticism over its climate change policies and has been subject to ongoing litigation. When the County’s climate plan allowed developers to purchase off-site greenhouse gas reduction credits anywhere in the world, the Sierra Club sued saying the plan was in conflict with the County’s General Plan because it did not ensure that San Diego County actually reduced its own greenhouse gas emissions. According to a December 2018, article from the San Diego Union-Tribune, the County has had two previous versions of its climate plan rejected and has been the subject of litigation with the Sierra Club since 2012, resulting in over $1 million in legal fees.

The Environmental Health Coalition wants to change the composition of the District’s board and make other changes aimed at district transparency.

Proposed Law

Assembly Bill 423 restructures the governing board, outlines district powers, and imposes new reporting and transparency requirements for the District.

Governing board. Starting on March 1, 2021, AB 423 replaces the Board of Supervisors with an 11-member board, comprising:

• Two members of the Board of Supervisors the Board appoints.
• Three members of the San Diego City Council appointed by the City Council.
• Three public members, including the following:
  • One physician or public health professional.
  • One representative of environmental justice interests.
  • One person with a scientific or technical background in air pollution.
• One member from the Chula Vista or Oceanside City Councils.
• One member from the Escondido, Carlsbad, El Cajon, or Vista City Councils.
• One member from the San Marcos, Encinitas, National City, La Mesa, Santee, Poway, Imperial Beach, Lemon Grove, Coronado, Solana Beach, or Del Mar City Councils.

All members serve four-year terms except for the representatives from city councils other than San Diego. These members serve two-year terms and rotate among cities in each group unless a city passes on its turn. The bill groups these cities together based on their current population.

AB 423 requires all members to live within the District’s boundaries. Each member receives $100 per diem, not to exceed $1,000 per month, to attend district meetings. The new governing board must consult with the U.S. Armed Forces on how regulations affect their mission and must designate one member to serve as liaison to the U.S. Armed Forces.

District powers. In addition to its existing powers, AB 423 allows the district to apply for statewide grant and incentive programs, including, but not limited to, the following:

• Programs funded by the Greenhouse Gas Reduction Fund.
• Programs administered by CARB.
• Programs administered by the United States Environmental Protection Agency.
• Enhanced Fleet Modernization Program.

AB 423 requires the District to develop a comprehensive air-monitoring program, including an evaluation of monitor locations in the most impacted communities and the monitoring of various air pollutants, by December 2021.

AB 423 allows the District to allow for the substitution of newer monitoring technologies if the governing board determines newer methods are available and more accurate, and the Board must consider adopting new rules to address pollution from mobile sources associated with stationary sources, such as ports, warehouses, and distribution centers.

Reporting and transparency requirements. AB 423 requires the District to create and maintain a website that includes the following information:

• Agenda and minutes of the governing board.
• Current and pending permits.
• Completed enforcement actions.
• Notices of violations.
• Information related to the Air Toxics “Hot Spots” Information and Assessment Act of 1987, including:
  • Completed air toxics emissions inventory reports.
  • Completed health risk assessments.
  • Copy of public notifications.
  • Completed airborne toxic risk reduction audit and plans.
• District budget, including revenue and expense actuals and projections.

AB 423 requires the District to evaluate the current public complaint process and provide a plan for updating the process by December 2021, which includes recommendations on the following:

• A 24-hour hotline.
• Rapid response.
• Whistleblower and public complainant protections.
• Posting of complaints and their resolution on the updated website.

Under the measure, the District must make air-monitoring data available within 30 days of capture, and requires the District to publish an annual air quality report including the following information:

• Levels of air pollutants.
• Enforcement actions.
• Revenues secured.
• Program outcomes.
• Emissions reduction progress.

To help the new board determine how effective the existing board’s programs were in reducing air pollution, and to help equip the new board with sufficient information to carry out its new responsibilities, the bill also requires CARB to complete a program audit of the district for years 2013 to 2018 by June 1, 2020.

The bill includes findings and declarations supporting its purposes.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “The San Diego Air Pollution Control District Board is the only governing board of a large metropolitan area in California that is governed solely by the County Board of Supervisors. This structure is antiquated and unfair in that it denies cities a voice and gives the county indirect land use authority. This structure also does not reflect the diversity of county residents. Every other large air district in California has a board that includes representation from cities. The San Diego Air Pollution Control District Board should be reformed to conform to the standards of the other large areas in the state. San Diego is one of the top-five air districts in terms of both population and pollution sources, and the APCD board should include equal voices from the cities and reflect the diversity of the country residents. This proposal puts San Diego in line with the other large districts, and makes it more representative of all the region’s residents and businesses.”

2. How would this work? AB 423 makes significant changes to the District’s board. Under the new structure, a mix of county supervisors, city council members, and public members would replace the County Board of Supervisors. Many county and regional air districts already include a mix of supervisors and city council members. However, rather than replicate existing air district models, the bill creates an entirely new structure. The key feature of this new structure is that it shifts the balance of power from county supervisors to city council members. Instead of taking up all of the five board seats, county supervisors would only have two out of 11 (18%) board seats. Under the new 11-member structure, six of the 11 members (55%) would represent cities. While three of those six members would come from the City of San Diego, the remaining three representatives would come from groups of cities based on population. Within each group, cities would rotate every two years. One of those representatives would alternate between the cities of Chula Vista and Oceanside, the two largest cities in the County after San Diego, and each city would wait two years before their subsequent term. The next member would rotate amongst the next four largest cities, with each city waiting six years before their subsequent term. The third member would rotate amongst the remaining 11 cities, meaning each city would wait 20 years before serving again. The Committee may wish to consider amending the bill in favor of a structure that divides city representation by geography and allows certain cities to meet and decide who is best equipped to represent them.

3. Fees. When air districts cannot generate sufficient revenues from grants, subventions, permit fees, penalties, and surcharges on motor vehicles to cover their expenses, existing law requires most districts to levy an annual per capita assessment on those cities that have agreed to have a member on the district board and on the county or counties included within the district. Despite adding city members to the District board, AB 423 does not direct the District the authority to levy this fee, which could make it difficult for the District to cover its expenses if its existing revenues do not suffice. The Committee may wish to consider whether AB 423 should be subject to these same requirements.

4. No rest for the weary. AB 423 sets up an ambitious timeline for the restructured board to follow. First, the new board has to be formed by March 2021. By December 2021, the District must complete a series of tasks, including:

• Create and maintain an internet website separate from the County of San Diego internet website, migrate all of its existing data to the new website, and comply with new website requirements.
• Evaluate the current public complaint process and provide a recommended plan for updating that public complaint process.
• Develop a plan for a comprehensive air-monitoring program. The plan must include an evaluation of monitor locations in the most impacted communities and the monitoring of specific air pollutants.

The bill also places additional responsibilities on CARB, who must complete a program audit for the district by June 2020. These new requirements on the District and CARB could provide valuable information regarding how the District could improve, but the timelines may prove challenging for these organizations to meet.

5. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 423 imposes new responsibilities on the District, Legislative Counsel says the bill imposes a state mandate. But AB 423 disclaims the state's responsibility for reimbursing local agencies for this new requirement with a finding that the air district has the authority to levy service charges, fees, or assessments sufficient to pay for program changes or higher levels of service, and that the act ensures the public’s right of access to information about the conduct of their governmental agencies. That’s consistent with the California Constitution because California voters eliminated the state’s responsibility to pay local governments for compliance with the Brown Act and its amendments in 2012 (Proposition 42).

6. Special legislation. Section 16 of Article 4 of the California Constitution prohibits special legislation when a general law can apply. AB 423 contains findings and declarations explaining the need for legislation that applies only to the San Diego Air Pollution Control District.

Assembly Actions

Assembly Natural Resources Committee: 8-2

Assembly Appropriations Committee: 14-3

Assembly Floor: 56-14

Support and Opposition

(6/21/19)

Support: Environmental Health Coalition (sponsor); 350 Bay Area Action; American Lung Association; California Environmental Justice Alliance; Climate Action Campaign; Circulate San Diego; City of Escondido, Council Member Olga Diaz, District 3[; Coalition For Clean Air; Environmental Health Coalition; International Brotherhood of Electrical Workers Local Union 569; San Diego City Council President Georgette Gomez; San Diego LGBT Community Center; Sierra Club California.

Opposition: California Chamber of Commerce; California Manufacturers And Technology Association; Industrial Environmental Association; Marine Group Boat Works; Western States Petroleum Association.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 423

Author:(Gloria)

As Amended Ver:May 16, 2019

Majority vote

SUMMARY:

Restructures the governing board of the San Diego County Air Pollution Control District (District), which is currently governed by the five San Diego County Supervisors, to be governed by an 11-member board consisting of two county supervisors, six council members or mayors from specified cities, and three public members. Adds specified duties to the District and requires an audit of the District by the Air Resources Board (ARB).

Major Provisions

1. Effective March 1, 2021, replaces the District's five county supervisor governing board with the following 11-member board:
   1. Two members representing the county board of supervisors appointed by a majority of the board, with a term of four years.
   2. Six city council members or mayors appointed by majority of their city councils as follows:
      1. Three members representing the City of San Diego, with a term of four years.
      2. One member representing the City of Chula Vista or the City of Oceanside, with a term of two years. The member shall serve one term, with the position rotating to the other city for the next term.
      3. One member representing the City of Escondido, the City of Carlsbad, the City of El Cajon, or the City of Vista, with a term of two years. The member shall serve one term, with the position rotating to the next city listed in order in this paragraph for the next term.
      4. One member representing the City of San Marcos, the City of Encinitas, the City of National City, the City of La Mesa, the City of Santee, the City of Poway, the City of Imperial Beach, the City of Lemon Grove, the City of Coronado, the City of Solana Beach, or the City of Del Mar, with a term of two years. The member shall serve one term, with the position rotating to the next city listed in order in this paragraph for the next term.
   3. Three public members appointed by the city and county members at a public hearing, with a term of four years. The public members shall be appointed according to the following:
      1. One public member shall be a physician or public health professional actively practicing within the boundaries of the San Diego County Air Pollution Control District. The member's specialty shall be in the health effects of air pollution on vulnerable populations.
      2. One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the District that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations. This member may be a resident of that community and have a demonstrated record of community leadership.
      3. One public member shall be a person with a scientific or technical background in air pollution, such as an environmental engineer, chemist, meteorologist, or air pollution specialist.
2. Requires all members to 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 the air pollution problems of the San Diego Air Basin.
3. Requires all members shall reside within the boundaries of the San Diego County Air Pollution Control District.
4. Provides public members compensation of $100 per day, not to exceed $1,000 per month, for attending District board or committee meetings and board-approved District business, as well as actual and necessary expenses.
5. Requires the governing board to consult with, and designate a county supervisor member as a liaison to, the Navy, Marine Corps, and Coast Guard.
6. Requires the District to do all of the following:
   1. Create and maintain an internet website separate from the County of San Diego internet website and migrate specified existing data by December 2021.
   2. Apply for specified statewide grant and incentive programs.
   3. Evaluate the current public complaint and comment process and provide a recommended plan for updating the process.
   4. Develop a plan for a comprehensive air monitoring program.
   5. Publish an annual air quality report that includes specified information.
   6. Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers.
7. Requires ARB, no later than June 1, 2020, to complete a program audit of the District for the years 2013 to 2018, inclusive.
8. Declares the intent of the Legislature that the County of San Diego employees who currently work for the District will not be affected by the governing board's expansion and their jobs will be safe.

COMMENTS:

San Diego County is second only to Los Angeles County in population, with approximately 3.3 million residents, approximately 1.4 million of whom live in the City of San Diego.

San Diego's county-only air district board is an anomaly. San Diego has the largest population by far of any county air district, and it is the only urban county air district with no city representation. There are 35 air districts covering California's 58 counties. Of the 21 single county districts, seven have boards with city representation and 14 have boards that are only county supervisors.

The other 20 single county districts are primarily rural. The next most populous county districts, including Ventura, Santa Barbara, and Placer, all include city representation. After San Diego, the next largest county without city representation on the air district board is Imperial, with a population of 180,000.

According to the Author:

The San Diego Air Pollution Control District Board is the only governing board of a large metropolitan area in California that is governed solely by the County Board of Supervisors. This structure is antiquated and unfair in that it denies cities a voice and gives the county indirect land use authority. This structure also does not reflect the diversity of county residents. Every other large air district in California has a board that includes representation from cities. The San Diego Air Pollution Control District Board should be reformed to conform to the standards of the other large areas in the state. San Diego is one of the top-five air districts in terms of both population and pollution sources, and the APCD board should include equal voices from the cities and reflect the diversity of the country residents. This proposal puts San Diego in line with the other large districts, and makes it more representative of all the region's residents and businesses.

Arguments in Support:

Supporters argue this bill will rectify a 25 year old exemption that has allowed San Diego to languish behind the other large regions in the state including Los Angeles (South Coast), the Bay Area, and the San Joaquin Valley. This bill ensures that San Diego will have a board with diverse representation from every city to address the most urgent air pollution needs.

Arguments in Opposition:

Opponents argue this bill will cause the District to increase permit costs, delay permit issuance, and expose propriety business data.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. One-time ARB costs of $180,000 per year for three years to perform the audit (Air Pollution Control Fund).
2. By requiring the District to perform specified duties, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service, the District could claim reimbursement of those costs (General Fund). The annual amount is unknown; however, it is likely minor.

VOTES:

ASM NATURAL RESOURCES: 8-2-1

YES: Friedman, Chau, Eggman, Cristina Garcia, Limón, McCarty, Muratsuchi, Mark Stone

NO: Mathis, Melendez

ABS, ABST OR NV: Flora

ASM APPROPRIATIONS: 14-3-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Obernolte

ABS, ABST OR NV: Fong

UPDATED:

VERSION: May 16, 2019

CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0000951

Date of Hearing: May 16, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 423

Author:(Gloria) – As Amended Ver:April 24, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill restructures the governing board of the San Diego County Air Pollution Control District (District), currently governed by the five San Diego County supervisors. Instead, this bill creates an 11-member board consisting of two county supervisors, six city council members or mayors from specified cities, and three public members. Additionally, this bill:

1. Requires the California Air Resources Board (ARB) to complete a program audit of the District for the years 2013 to 2018.
2. Requires the District to:
3. Designate one member to serve as liaison to and consult with the United States Navy, Marine Corps and Coast Guard on all permitting, rules, regulations and planning issues that have the potential to impact their mission to minimize those impacts.
4. Create a separate internet website and post specified information.
5. Apply for statewide grant and incentive programs, including but not limited to programs funded through AB 32 cap and trade revenues (Greenhouse Gas Reduction Funds), programs administered by ARB and the U.S. Environmental Protection Agency (US EPA) and the Enhanced Fleet Modernization Program.
6. Evaluate the current complaint process, as specified.
7. Develop, no later than December 2021, a plan for a comprehensive air monitoring program, as specified.
8. Publish an air quality report, as specified.
9. Consider adopting an indirect source rule to address mobile source pollution associated with stationary sources, such as ports, warehouses and distribution centers.

FISCAL EFFECT:

1. One-time ARB costs of $180,000 per year for three years to perform the audit (Air Pollution Control Fund).
2. By requiring the District to perform specified duties, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service, the District could claim reimbursement of those costs (General Fund). The annual amount is unknown; however, it is likely minor.

COMMENTS:

1. Purpose. There are 35 air districts covering California’s 58 counties. Of the 21 single- county districts, seven have boards with city representation and 14 have boards that are only county supervisors. The other 20 single county districts are primarily rural. The next most populous county districts, including Ventura, Santa Barbara and Placer, all include city representation. After San Diego, the next largest county without city representation on the air district board is Imperial, with a population of 180,000. This bill seeks to update the governing board and enabling statute to better reflect the population of San Diego and the air quality needs of the basin.
2. Representation without Taxation? Now that the District will include members other than county members, it may not make sense for the county to pay its expenses that are not received from grants, subventions, permit fees, penalties and surcharges. The author and committee may wish to provide the District with the authority to levy an equitable annual per-capita assessment on cities and the county to enable the District to perform its statutory duties and other chosen activities.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 8, 2019

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Laura Friedman, Chair

ABPCA Bill Id:AB 423 (

Author:Gloria) – As Amended Ver:April 1, 2019

SUBJECT: San Diego County Air Pollution Control District: members

SUMMARY: SUMMARY: Restructures the governing board of the San Diego County Air Pollution Control District (District), which is currently governed by the five San Diego County Supervisors, to be governed by an 11-member board consisting of two county supervisors, six council members or mayors from specified cities, and three public members. Adds specified duties to the District and requires audits of the District by the State Auditor and the Air Resources Board (ARB).

EXISTING LAW:

1. Provides ARB with primary responsibility for control of mobile source air pollution and provides that local air districts have primary responsibility for controlling air pollution from all sources, other than emissions from mobile sources, and establishes certain powers, duties, and requirements for those districts.
2. Creates certain air districts, including districts that cover a single county, as well as unified and regional districts that cover multiple counties.
3. For a single county district, including San Diego, provides that the county board of supervisors is ex officio of the county district board. Includes specified exceptions whereby other county district governing boards must include city council members or mayors. However, these requirements for city representation do not apply to “rural” county districts (i.e., where population of the incorporated area of the county is 35 percent or less of the total county population) or to a county district having a population of more than 2,500,000 as of June 30, 1990 (i.e., San Diego).
4. For multi-county districts, there are a variety of different governing board appointment schemes, including county and city officials, public members, and appointment by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. The governing boards of the multi-county districts are typically larger, with as many as 24 board members, and all include city representation, including some with a majority of city representatives.

THIS BILL:

1. Effective March 1, 2021, replaces the District’s five county supervisor governing board with the following 11-member board:
   1. Two members representing the county board of supervisors appointed by a majority of the board, with a term of four years.
   2. Six city council members or mayors appointed by majority of their city councils as follows:
      1. Three members representing the City of San Diego, with a term of four years.
      2. One member representing the City of Chula Vista or the City of Oceanside, with a term of two years. The member shall serve one term, with the position rotating to the other city for the next term.
      3. One member representing the City of Escondido, the City of Carlsbad, the City of El Cajon, or the City of Vista, with a term of two years. The member shall serve one term, with the position rotating to the next city listed in order in this paragraph for the next term.
      4. One member representing the City of San Marcos, the City of Encinitas, the City of National City, the City of La Mesa, the City of Santee, the City of Poway, the City of Imperial Beach, the City of Lemon Grove, the City of Coronado, the City of Solana Beach, or the City of Del Mar, with a term of two years. The member shall serve one term, with the position rotating to the next city listed in order in this paragraph for the next term.
   3. Three public members appointed by the city and county members at a public hearing, with a term of four years. The public members shall be appointed according to the following:
      1. One public member shall be a physician or public health professional actively practicing within the boundaries of the San Diego County Air Pollution Control District. The member’s specialty shall be in the health effects of air pollution on vulnerable populations.
      2. One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the District that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations. This member may be a resident of that community and have a demonstrated record of community leadership.
      3. One public member shall be a person with a scientific or technical background in air pollution, such as an environmental engineer, chemist, meteorologist, or air pollution specialist. The member shall not be affiliated with any entity that is permitted by the District or that is a source of air pollution.
2. Requires all members to 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 the air pollution problems of the San Diego Air Basin.
3. Requires all members shall reside within the boundaries of the San Diego County Air Pollution Control District.
4. Provides board members compensation of $100 per day, not to exceed $1,000 per month, for attending District board or committee meetings and board-approved District business, as well as actual and necessary expenses.
5. Requires the District to do all of the following:
   1. Create an internet website separate from the County of San Diego internet website and post all of the following:
      1. Agendas and minutes of the District board.
      2. All permit information in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process. Permitted potential maximum emissions shall be included along with actual emissions if available.
      3. All enforcement actions, including pending and completed information, in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process.
      4. All documents related to the Air Toxics “Hot Spots” Information and Assessment Act of 1987.
      5. The District budget, including revenue and expense projections and actuals.
   2. Apply for specified statewide grant and incentive programs.
   3. Create a public complaint and comment process that includes all of the following:
      1. Is available via the District’s internet website and smart phone.
      2. Makes all comments posted to the internet website accessible to the public.
      3. Monitors complaints seven days a week.
      4. Requires initial District staff responses to the public to occur within 48 hours.
      5. Includes all actions taken to respond to public complaints on the District’s internet website.
   4. Establish an emergency telephone hotline for the public reporting of violations endangering public health and the environment.
   5. Expand the District’s air monitoring program to include speciated carbon particulate matter and toxic air contaminants, including metals at all regional monitoring locations for a period of at least three years. At a later date, the District governing board may elect to evaluate the monitoring program and reduce monitoring requirements at some locations. The District board also may allow for the substitution of newer monitoring technologies if the governing board of the district determines that newer methods are available and can produce equivalent or better monitoring data with equivalent or lower costs. Air monitoring data shall be real time and available to the public or available within 30 days of capture.
   6. Publish an annual air quality report that includes all of the following:
      1. Levels of criteria and non-criteria air pollutants, air toxics from monitors, and other sources of information.
      2. Enforcement actions.
      3. Revenue secured.
      4. Program outcomes.
      5. Emissions reduction progress.
   7. Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers.
6. Requires the California State Auditor, no later than June 1, 2020, to complete an audit of the District’s revenues and expenditures for the years 2013 to 2018, inclusive.
7. Requires ARB, no later than June 1, 2020, to complete a program audit of the District for the years 2013 to 2018, inclusive.
8. Declares the intent of the Legislature that the County of San Diego employees who currently work for the District will not be affected by the governing board’s expansion and their jobs will be safe.

FISCAL EFFECT: Unknown

1. COMMENTS: Background. San Diego County is second only to Los Angeles County in population, with approximately 3.3 million residents, approximately 1.4 million of whom live in the City of San Diego.

San Diego’s county-only air district board is an anomaly. San Diego has the largest population by far of any county air district, and it is the only urban county air district with no city representation. There are 35 air districts covering California’s 58 counties. Of the 21 single county districts, seven have boards with city representation and 14 have boards that are only county supervisors.

The other 20 single county districts are primarily rural. The next most populous county districts, including Ventura, Santa Barbara, and Placer, all include city representation. After San Diego, the next largest county without city representation on the air district board is Imperial, with a population of 180,000.

1. Author’s statement:

The San Diego Air Pollution Control District Board is the only governing board of a large metropolitan area in California that is governed solely by the County Board of Supervisors.  This structure is antiquated and unfair in that it denies cities a voice and gives the county indirect land use authority.  This structure also does not reflect the diversity of county residents. Every other large air district in California has a board that includes representation from cities.  The San Diego Air Pollution Control District Board should be reformed to conform to the standards of the other large areas in the state.  San Diego is one of the top-five air districts in terms of both population and pollution sources, and the APCD board should include equal voices from the cities and reflect the diversity of the country residents. This proposal puts San Diego in line with the other large districts, and makes it more representative of all the region’s residents and businesses.

1. Bill may favor equitable distribution of appointments among the cities over experience. This bill provide three seats on the board for the City of San Diego and three seats to be divided among the remaining 17 smaller cities in San Diego County. These smaller cities are divided into three groups according to population, with appointments rotating within each group. The bill does not specify which of these cities gets the first appointment, leaving the cities to work it out. For the group of the 11 smallest cities, each city’s appointee would serve a two-year term every 22 years. The terms of board members are not staggered, so every four years, the entire board would be reappointed, though there is no term limit or rotation requirement for the county, City of San Diego, or public appointees, so eight of the 11 members could be reappointed.
2. Conflict standard for scientific/technical public member may be too broad. This bill applies the following standard only to the public member with a scientific or technical background: The member shall not be affiliated with any entity that is permitted by the District or that is a source of air pollution.

It’s not clear why this standard applies only to the one member. It’s also not clear how “affiliated” and “source of air pollution” will be defined, but a literal interpretation would disqualify nearly every person, and even the well-understood standard of an “entity that is permitted by the (District)” may disqualify any person affiliated with a university, for example.

1. Unfunded mandates. Section 7 of the bill, added by April 1 amendments, adds a series of specific requirements on the District that are unrelated to the restructuring of its governing board. These range from relatively minor, such as creating a separate website and publishing information the District should already have, to significant, such as specific PM and air toxics monitoring requirements that likely require new equipment and staff.

The bill does not provide funding for these requirements. While at least a portion of the costs should be covered by District permit fees or other local sources of revenue, the costs are potentially reimbursable from the General Fund through a claim to the Commission on State Mandates.

REGISTERED SUPPORT / OPPOSITION:

Support

American Lung Association in California

City of San Diego
Climate Action Campaign
Coalition for Clean Air
Environmental Health Coalition
IBEW Local Union 569
SanDiego350

Opposition

None on file

Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /