Existing law establishes the State Air Resources Board consisting of 14 members with 12 members appointed by the Governor, with the consent of the Senate. Existing law provides that, of the 12 members appointed by the Governor, 6 of those members are to be from certain air quality management districts or air pollution control districts, as provided. In addition to the 14 members of the state board, existing law provides that 2 Members of the Legislature serve on the state board as ex officio, nonvoting members of the state board. Existing law provides that members appointed as members from the air districts serve on the state board without compensation. Existing law provides that the elected official members of the state board receive $100 for each day, or a portion of that amount, but not to exceed $1,000 in any month, attending meetings of the state board or its committees, or upon authorization of the state board while on official business of the state board (per diem amount). Existing law specifies the annual salary of each member of the state board.

This bill would repeal the prohibition on compensation of the members of the state board from air districts and would provide for the per diem amount for all members of the state board. specify that those members are to receive the annual salary provided to other members of the state board. The bill would repeal the per diem amount provided to elected official members of the state board.

Existing law establishes the State Air Resources Board consisting of 14 members with 12 members appointed by the Governor, with the consent of the Senate. Existing law provides that, of the 12 members appointed by the Governor, 6 of those members are to be from certain air quality management districts or air pollution control districts, as provided. In addition to the 14 members of the state board, existing law provides that 2 Members of the Legislature serve on the state board as ex officio, nonvoting members of the state board. Existing law provides that members appointed as members from the air districts serve on the state board without compensation. Existing law provides that the elected official members of the state board receive $100 for each day, or a portion of that amount, but not to exceed $1,000 in any month, attending meetings of the state board or its committees, or upon authorization of the state board while on official business of the state board (per diem amount).

This bill would repeal the prohibition on compensation of the members of the state board from air districts and would provide for the per diem amount for all members of the state board.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2958 (Calderon) - State Air Resources Board: board members: compensation

Bill Summary:

This bill would require the six part-time members of the California Air Resources Board (ARB) that represent air districts to receive an annual salary equal to other board members.

Fiscal Impact:

• ARB estimates ongoing costs of approximately $556,000 annually (Air Pollution Control Fund [APCF]) to pay the six members of its board from air districts benefits as well as the salary specified in Section 11564 of the Government Code, which is currently $55,738.
• Minor savings to ARB of approximately $1,200 annually (APCF) as a result of the repeal of the $100 per diem for attending board meetings. ARB notes there is only one board member who currently receives the $100 stipend, and the board meets approximately one day per month.

Background:

ARB consists of 14 voting members and two ex officio nonvoting members who are members of the Legislature, one from the Senate and the other from the Assembly. Of the 14 voting members, 12 are appointed by the Governor with Senate confirmation and include: six who serve on local air districts, four experts in fields that shape air quality rules, and two public members. The other two voting members represent environmental justice communities and are appointed by the Senate Rules Committee and the Assembly Speaker. The Chair serves as the only full-time member and is appointed by the Governor from among the voting members.

Current law requires each ARB board member to receive a salary established for the position in Section 11564 of the Government Code (currently $55,738 annually). However, current law requires the six air district members to serve without compensation but provides reimbursement for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for expenses is not otherwise provided or payable by another public agency or agencies. Current law also requires each elected public official member to receive $100 for each day, not to exceed $1,000 in any month, for attending ARB meetings or while on ARB-authorized official business.

Proposed Law:

This bill would require the six part-time members of ARB that represent air districts to receive an annual salary equal to other board members. Specifically, it would:

1. Repeal the prohibition on compensation for the six air district board members.
2. Repeal the $100 per day, up to $1000 per month, per diem for board members who are elected officials.
3. Require each member of the six air district board members to receive the salary specified in GOV § 11564, to be paid by CARB.

Related Legislation:

AB 2522 (W. Carrillo, 2023) doubles the compensation South Coast Air Quality Management District (SCAQMD) board members are eligible to receive from $12,000 to $24,000 and provides for further future increases, as specified. AB 2522 passed this committee June 5, and is currently before the Senate Local Government Committee.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2023 - 2024 Regular

SUBJECT: State Air Resources Board: board members: compensation

DIGEST: This bill requires the six part-time members of the California Air Resources Board (CARB) representing air districts to receive an annual salary equal to other board members, currently set to $55,738 annually.

ANALYSIS:

Existing law:

1. Provides for the appointment of 14 voting CARB members, as follows:
   1. Twelve members appointed by the Governor on the basis of interest and ability in the field of air pollution control, understanding of the needs of the general public in connection with air pollution problems, and additional specific qualifications. These members serve at the pleasure of the Governor and are subject to confirmation by the Senate;
   2. Two members, one each appointed by the Senate Committee on Rules and the Speaker of the Assembly. These two “environmental justice” members must work directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and low-income populations; and
   3. Members serve part-time, with the exception of the Chair, who is appointed by the Governor and serves full-time. (Health and Safety Code (HSC) § 39510)
2. Establishes the following specific qualifications for the 12 Governor-appointed board members:
   
   1. One with training and experience in automotive engineering or a closely related field;
   2. One with training and experience in science, agriculture, or law;
   3. One who is a physician and surgeon, or health effects expert;
   4. One with experience in air pollution control, or meeting the qualifications of one of the three categories listed above;
   5. Two public members;
      
   6. One board member from each of the following air districts:
      1. South Coast Air Quality Management District (SCAQMD);
      2. Bay Area Quality Management District (BAAQMD);
      3. San Joaquin Valley Air Pollution Control District (SJVAPCD);
      4. San Diego County Air Pollution Control District (SDAPCD);
      5. A district in the Sacramento federal nonattainment area; and,
      6. Any other district. (HSC § 39510)
         
3. Requires each member of certain boards (including CARB) to receive a certain salary (currently $55,738 annually). (HSC § 39512 and Government Code (GOV) § 11564)
4. Requires the six air district members to serve without compensation but provides reimbursement for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for expenses is not otherwise provided or payable by another public agency or agencies. Requires each elected public official member to receive $100/day, not to exceed $1,000/month, for attending CARB meetings or while on ARB-authorized official business. (HSC § 39512.5)
   

This bill:

1. Repeals the prohibition on compensation for the six air district board members.
2. Repeals the $100 per day, up to $1000 per month, per diem for board members who are elected officials.
   
3. Requires each member of the six air district board members to receive the salary specified in GOV § 11564, to be paid by CARB.
   

Background

1. The CARB Board. The Board leads California’s efforts to reduce air pollution and climate changing emissions, protecting public health from smog, air toxics, and the impacts of a changing climate. Created by the Mulford-Carrell Act, and signed into law by Governor Ronald Reagan in 1967, the Board was given the responsibility to address serious air pollution issues on a statewide basis.
   
   Today, the CARB Board consists of 16 members. Twelve are appointed by the Governor and confirmed by the state Senate. The twelve members include six who serve on local air districts, four experts in fields that shape air quality rules, two public members, and one, the Chair, who serves as the only full-time member. The Governor can choose any of the board members to serve as the Chair.
   
   The other four include two who represent environmental justice communities (one appointed by the Senate and the other by the Assembly) and two nonvoting members appointed for Legislative oversight, one each from the Senate and Assembly.
   
   In July 2018, the Board established staggered six-year terms for voting members pursuant to AB 197.

Comments

1. Purpose of Bill. According to the author, “Excluding the Chair, voting members on the California Air Resource Board (CARB) receive compensation, generally as a yearly salary. However, voting members of the governing board that represent local air districts are prohibited from receiving a salary, despite having similar duties and obligations. Local air districts are CARB’s primary partners in ensuring that all Californians breathe clean air. Limiting these board members’ compensation discredits their unique local perspective when evaluating CARB’s regulations, programs, and future policies. To remedy this, Assembly Bill 2958 seeks to establish pay parity among all board members by authorizing local air district representatives to receive a salary for their service.”
   
2. Why not? In the past, the justification for not paying a salary to the air district members has been that they are government officials receiving compensation from the agency they primarily work for. As budgets at air districts and CARB alike are stretched thin, CARB’s relatively higher budget would be proportionally less affected by paying Board member salaries. Particularly when the other ten members are receiving a CARB salary for substantially the same job, it seems fair to include the six air district appointees as well.
   

Related/Prior Legislation

AB 2522 (W. Carrillo, 2023) doubles the compensation South Coast Air Quality Management District (SCAQMD) board members are eligible to receive from $12,000 to $24,000 and provides for further future increases, as specified. AB 2522 passed this committee June 5, and is currently before the Senate Local Government Committee.

SOURCE:

South Coast Air Quality Management District

SUPPORT:

Bay Area Air Quality Management District
Sacramento Metropolitan Air Quality Management District
South Coast Air Quality Management District

OPPOSITION:

None received

Positions reflect letters received by noon one week prior to the hearing.

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ASSEMBLY THIRD READING

ATR Bill Id:AB 2958

Author:(Calderon)

As Amended Ver:March 21, 2024

Majority vote

SUMMARY

Requires the six part-time members of the Air Resources Board (ARB) representing air districts receive an annual salary, currently set at $55,738/year.

Major Provisions

1. Repeals the prohibition on compensation for the six air district board members.
2. Repeals the $100 per day, up to $1000 per month, per diem for board members who are elected officials.
3. Requires each member of the six air district board members to receive the salary specified in Section 11564 of the Government Code (currently set at $55,738 per year), to be paid by ARB.

COMMENTS

ARB consists of 14 voting members and two ex officio nonvoting members who are members of the Legislature, one from the Senate and the other from the Assembly. Of the 14 voting members, 12 are appointed by the Governor with Senate confirmation and include: six who serve on local air districts, four experts in fields that shape air quality rules, and two public members. The other two voting members represent environmental justice communities and are appointed by the Senate Rules Committee and the Assembly Speaker. The Chair serves as the only full-time member and is appointed by the Governor from among the voting members.

According to ARB, the current board member salary is $55,738. This bill would require that salary be paid to the six air district board members, at a total annual cost of $334,428. In the past, the justification for not paying a salary to the air district members has been that they are government officials receiving compensation from the agency they primarily work for.

According to the Author

Excluding the Chair, voting members on ARB receive compensation, generally as a yearly salary. However, voting members of the governing board that represent local air districts are prohibited from receiving a salary, despite having similar duties and obligations. Local air districts are ARB's primary partners in ensuring that all Californians breathe clean air. Limiting these board members' compensation discredits their unique local perspective when evaluating ARB's regulations, programs, and future policies. To remedy this, AB 2958 seeks to establish pay parity among all board members by authorizing local air district representatives to receive a salary for their service.

Arguments in Support

According to sponsor South Coast Air Quality Management District, there is an extreme and unfair imbalance with respect to compensation provided to voting ARB board members. Excluding the Chair, voting ARB board members who do not represent local air districts generally receive an annual salary of over $50,000. In contrast, the six ARB board members that represent air districts receive little to no compensation, even though they perform the same duties. This inequity substantially impacts air district representative ARB board members who perform an important public service. Since there is no difference in the job performed, there should be pay equity amongst the voting board members.

Arguments in Opposition

None received.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing annual costs of approximately $556,000 for ARB to pay the six members of its board from air districts benefits as well as the salary specified in Section 11564 of the Government Code, which is currently $55,738 (Air Pollution Control Fund (APCF)).

2) Minor savings to ARB of approximately $1,200 annually as a result of the repeal of the $100 per diem for attending board meetings. ARB notes there is only one board member who currently receives the $100 stipend, and the board meets approximately one day per month APCF.

VOTES

ASM NATURAL RESOURCES: 10-0-1

YES: Bryan, Flora, Connolly, Hoover, Kalra, Joe Patterson, Muratsuchi, Pellerin, Wicks, Wood

ABS, ABST OR NV: Friedman

ASM APPROPRIATIONS: 14-1-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

NO: Dixon

UPDATED

VERSION: March 21, 2024

CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319 -2092 FN: 0003381

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2958

Author:(Calderon) – As Amended Ver:March 21, 2024

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

SUMMARY:

This bill (1) repeals the prohibition on compensation of the members of the Air Resources Board (ARB) from air districts, (2) repeals the $100 per day, up to $1000 per month, per diem for board members who are elected officials, and (3) requires each member of ARB from an air district to receive the salary specified in Section 11564 of the Government Code, to be paid by ARB.

FISCAL EFFECT:

1) Ongoing annual costs of approximately $556,000 for ARB to pay the six members of its board from air districts benefits as well as the salary specified in Section 11564 of the Government Code, which is currently $55,738 (Air Pollution Control Fund (APCF.))

2) Minor savings to ARB of approximately $1,200 annually as a result of the repeal of the $100 per diem for attending board meetings. ARB notes there is only one board member who currently receives the $100 stipend, and the board meets approximately one day per month (APCF).

COMMENTS:

1) Purpose. According to the author:

Excluding the Chair, voting members on ARB receive compensation, generally as a yearly salary. However, voting members of the governing board that represent local air districts are prohibited from receiving a salary, despite having similar duties and obligations. Local air districts are ARB’s primary partners in ensuring that all Californians breathe clean air. Limiting these board members’ compensation discredits their unique local perspective when evaluating ARB’s regulations, programs, and future policies. To remedy this, AB 2958 seeks to establish pay parity among all board members by authorizing local air district representatives to receive a salary for their service.

2) Background. ARB consists of 14 voting members and two ex officio nonvoting members who are members of the Legislature, one from the Senate and the other from the Assembly. Of the 14 voting members, 12 are appointed by the Governor with Senate confirmation and include: six who serve on local air districts, four experts in fields that shape air quality rules, and two public members. The other two voting members represent environmental justice communities and are appointed by the Senate Rules Committee and the Assembly Speaker. The Chair serves as the only full-time member and is appointed by the Governor from among the voting members.

Current law requires each ARB board member to receive a salary established for the position in Section 11564 of the Government Code (currently $55,738 annually). However, current law requires the six air district members to serve without compensation but provides reimbursement for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for expenses is not otherwise provided or payable by another public agency or agencies. Current law also requires each elected public official member to receive $100 for each day, not to exceed $1,000 in any month, for attending ARB meetings or while on ARB-authorized official business.

According to the South Coast Air Quality Management District (SCAQMD), the sponsor of this bill, air district board members receive nominal compensation for their efforts to clean the air and protect public health at the local level. SCAQMD contends the burdens faced by these individuals are only compounded by the “inequitable lack of compensation for air district board members who take on the additional responsibility of serving as CARB board members” despite the fact they carry the same responsibilities and perform the same duties as their colleagues. SCAQMD further notes:

AB 2958 also presents an opportunity to enhance equity in environmental governance. The bill could facilitate broader and more diverse participation in these crucial CARB roles. Improved financial incentives will likely attract a more comprehensive array of candidates, including those from underrepresented and vulnerable communities whom the economic impracticality of serving may have previously deterred.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 8, 2024

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 2958 (

Author:Calderon) – As Amended Ver:March 21, 2024

SUBJECT: State Air Resources Board: board members: compensation

SUMMARY: Requires the six part-time members of the Air Resources Board (ARB) representing air districts receive an annual salary, currently set at $55,738/year.

EXISTING LAW:

1. Provides for appointment of 14 voting ARB members, as follows:
   1. Twelve members appointed by the Governor on the basis of interest and ability in the field of air pollution control, understanding of the needs of the general public in connection with air pollution problems, and additional specific qualifications. These members serve at the pleasure of the Governor and are subject to confirmation by the Senate.
   2. Two members, one each appointed by the Senate Committee on Rules and the Speaker of the Assembly. These two “environmental justice” members must work directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations and low-income populations.
   3. Members serve part-time, with the exception of the Chair, who is appointed by the Governor and serves full-time.
2. Establishes the following specific qualifications for the 12 Governor-appointed board members:
   
   1. One with training and experience in automotive engineering or a closely related field.
   2. One with training and experience in science, agriculture, or law.
   3. One who is a physician and surgeon, or health effects expert.
   4. One with experience in air pollution control, or meeting the qualifications of one of the three categories listed above.
   5. Two public members.
      
   6. One board member from each of the following air districts:
      1. South Coast Air Quality Management District (SCAQMD);
      2. Bay Area Quality Management District (BAAQMD);
      3. San Joaquin Valley Air Pollution Control District (SJVAPCD);
      4. San Diego County Air Pollution Control District (SDAPCD);
      5. A district in the Sacramento federal nonattainment area; and,
      6. Any other district.

(Health and Safety Code (HSC) 39510)

1. Requires each member to receive a salary established for the position in Section 11564 of the Government Code (currently $55,738/year). (HSC 39512)
2. Requires the six air district members to serve without compensation but provides reimbursement for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for expenses is not otherwise provided or payable by another public agency or agencies. Requires each elected public official member to receive $100/day, not to exceed $1,000/month, for attending ARB meetings or while on ARB-authorized official business. (HSC 39512.5)

THIS BILL:

1. Repeals the prohibition on compensation for the six air district board members.
2. Repeals the $100 per day, up to $1000 per month, per diem for board members who are elected officials.
3. Requires each member of the six air district board members to receive the salary specified in Section 11564 of the Government Code (currently set at $55,738 per year), to be paid by ARB.

FISCAL EFFECT: Unknown

COMMENTS:

1. Background. According to ARB, the current board member salary is $55,738. This bill would require that salary be paid to the six air district board members, at a total annual cost of $334,428. In the past, the justification for not paying a salary to the air district members has been that they are government officials receiving compensation from the agency they primarily work for.
2. Author’s statement:

Excluding the Chair, voting members on ARB receive compensation, generally as a yearly salary. However, voting members of the governing board that represent local air districts are prohibited from receiving a salary, despite having similar duties and obligations. Local air districts are ARB’s primary partners in ensuring that all Californians breathe clean air. Limiting these board members’ compensation discredits their unique local perspective when evaluating ARB’s regulations, programs, and future policies. To remedy this, AB 2958 seeks to establish pay parity among all board members by authorizing local air district representatives to receive a salary for their service.

REGISTERED SUPPORT / OPPOSITION:

Support

South Coast Air Quality Management District (sponsor)

California Air Pollution Control Officers Association
California Special Districts Association

Opposition

None on file

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