39510. (a) The State Air Resources Board is continued in existence
in the California Environmental Protection Agency. The state board
shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems. Six members shall have the following
qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(c) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (b) to the extent
practicable. Of these five members, one shall be a board member from
the south coast district, one shall be a board member from the bay
district, one shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District or, if the unified district is
abolished, from the San Joaquin Valley Air Quality Management
District if created pursuant to Section 5 of Chapter 915 of the
Statutes of 1994, one shall be a board member from the San Diego
County Air Pollution Control District, and one shall be a board
member of any other district.
(d) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(e) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. No member of the state board shall be precluded from voting
or otherwise acting upon any matter solely because that member has
voted or acted upon the matter in his or her capacity as a member of
a district board, except that no member of the state board who is
also a member of a district board shall participate in any action
regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive.
(f) Notwithstanding subdivision (e) of Section 1 of Chapter 1201
of the Statutes of 1991, this section shall become operative on
January 1, 1994.
39511. (a) The Governor shall appoint the chairperson, who shall
serve at the pleasure of the Governor, from among the members of the
state board, and shall serve as the principal advisor to the Governor
on, and shall assist the Governor in establishing, major policy and
program matters on environmental protection. The chairperson shall
also serve as the principal communications link for the effective
transmission of policy problems and decisions to the Governor
relating to the activities of the State Water Resources Control Board
and the State Solid Waste Management Board, in addition to serving
as the Governor's chief air quality policy spokesperson.
(b) The chairperson shall serve full time.
39512. Each member of the state board shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
39512.5. (a) With respect to the members appointed pursuant to
subdivision (c) of Section 39510, those members shall serve without
compensation but shall be reimbursed 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. Each elected public official
member of the state board shall receive one hundred dollars ($100)
for each day, or portion thereof, but not to exceed one thousand
dollars ($1,000) in any month, attending meetings of the state board
or committees thereof, or upon authorization of the state board while
on official business of the state board.
(b) Reimbursements made pursuant to subdivision (a) shall be made
as follows:
(1) A member appointed from a district that is specifically named
in subdivision (c) of Section 39510 shall be reimbursed by the
district from which the person qualified for membership.
(2) The member appointed as a board member of a district that is
not specifically named in subdivision (c) of Section 39510 shall be
reimbursed by the state board.
39513. The state board shall hold regular meetings at least twice a
month. Special meetings may be called by the chair or upon the
request of a majority of the members. Each member of the state board
shall receive reimbursement for actual necessary traveling expenses
incurred in the performance of official duties. Time spent in these
board meetings shall count toward the sixty hours per month work
requirement specified in Section 11564 of the Government Code.
39514. The provisions of Chapter 2 (commencing with Section 11150),
Part 1, Division 3, Title 2 of the Government Code apply to the
state board, and the state board is the head of a department within
the meaning of the chapter.
39515. (a) The state board shall appoint an executive officer who
shall serve at the pleasure of the state board and, except as
provided in subdivision (d), may delegate any duty to the executive
officer that the state board deems appropriate.
(b) The intention of the Legislature is hereby declared to be that
the executive officer shall perform and discharge, under the
direction and control of the state board, the powers, duties,
purposes, functions, and jurisdiction vested in the state board and
delegated to the executive officer by the state board.
(c) The state board shall, upon the receipt of a petition from any
affected member of the public, affected district, or designated air
quality planning agency, hold a public hearing to review any action
taken by the executive officer pursuant to Section 41650, 41651, or
41652.
(d) Any action taken by the executive officer pursuant to Section
40469 or Sections 41503 to 41505, inclusive, shall be subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
39516. Any power, duty, purpose, function, or jurisdiction which
the state board may lawfully delegate shall be conclusively presumed
to have been delegated to the executive officer unless it is shown
that the state board, by affirmative vote recorded in the minutes of
the state board, specifically has reserved the same for the state
board's own action.
The executive officer may redelegate to his subordinates unless,
by state board rule or express provision of law, the executive
officer is specifically required to act personally.
39517. The district shall be given notice and the opportunity to
act before any rule or regulation is adopted by the state board for
the district pursuant to Section 41502.
39510. (a) The State Air Resources Board is continued in existence
in the California Environmental Protection Agency. The state board
shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems. Six members shall have the following
qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(c) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (b) to the extent
practicable. Of these five members, one shall be a board member from
the south coast district, one shall be a board member from the bay
district, one shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District or, if the unified district is
abolished, from the San Joaquin Valley Air Quality Management
District if created pursuant to Section 5 of Chapter 915 of the
Statutes of 1994, one shall be a board member from the San Diego
County Air Pollution Control District, and one shall be a board
member of any other district.
(d) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(e) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. No member of the state board shall be precluded from voting
or otherwise acting upon any matter solely because that member has
voted or acted upon the matter in his or her capacity as a member of
a district board, except that no member of the state board who is
also a member of a district board shall participate in any action
regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive.
(f) Notwithstanding subdivision (e) of Section 1 of Chapter 1201
of the Statutes of 1991, this section shall become operative on
January 1, 1994.
39511. (a) The Governor shall appoint the chairperson, who shall
serve at the pleasure of the Governor, from among the members of the
state board, and shall serve as the principal advisor to the Governor
on, and shall assist the Governor in establishing, major policy and
program matters on environmental protection. The chairperson shall
also serve as the principal communications link for the effective
transmission of policy problems and decisions to the Governor
relating to the activities of the State Water Resources Control Board
and the State Solid Waste Management Board, in addition to serving
as the Governor's chief air quality policy spokesperson.
(b) The chairperson shall serve full time.
39512. Each member of the state board shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
39512.5. (a) With respect to the members appointed pursuant to
subdivision (c) of Section 39510, those members shall serve without
compensation but shall be reimbursed 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. Each elected public official
member of the state board shall receive one hundred dollars ($100)
for each day, or portion thereof, but not to exceed one thousand
dollars ($1,000) in any month, attending meetings of the state board
or committees thereof, or upon authorization of the state board while
on official business of the state board.
(b) Reimbursements made pursuant to subdivision (a) shall be made
as follows:
(1) A member appointed from a district that is specifically named
in subdivision (c) of Section 39510 shall be reimbursed by the
district from which the person qualified for membership.
(2) The member appointed as a board member of a district that is
not specifically named in subdivision (c) of Section 39510 shall be
reimbursed by the state board.
39513. The state board shall hold regular meetings at least twice a
month. Special meetings may be called by the chair or upon the
request of a majority of the members. Each member of the state board
shall receive reimbursement for actual necessary traveling expenses
incurred in the performance of official duties. Time spent in these
board meetings shall count toward the sixty hours per month work
requirement specified in Section 11564 of the Government Code.
39514. The provisions of Chapter 2 (commencing with Section 11150),
Part 1, Division 3, Title 2 of the Government Code apply to the
state board, and the state board is the head of a department within
the meaning of the chapter.
39515. (a) The state board shall appoint an executive officer who
shall serve at the pleasure of the state board and, except as
provided in subdivision (d), may delegate any duty to the executive
officer that the state board deems appropriate.
(b) The intention of the Legislature is hereby declared to be that
the executive officer shall perform and discharge, under the
direction and control of the state board, the powers, duties,
purposes, functions, and jurisdiction vested in the state board and
delegated to the executive officer by the state board.
(c) The state board shall, upon the receipt of a petition from any
affected member of the public, affected district, or designated air
quality planning agency, hold a public hearing to review any action
taken by the executive officer pursuant to Section 41650, 41651, or
41652.
(d) Any action taken by the executive officer pursuant to Section
40469 or Sections 41503 to 41505, inclusive, shall be subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
39516. Any power, duty, purpose, function, or jurisdiction which
the state board may lawfully delegate shall be conclusively presumed
to have been delegated to the executive officer unless it is shown
that the state board, by affirmative vote recorded in the minutes of
the state board, specifically has reserved the same for the state
board's own action.
The executive officer may redelegate to his subordinates unless,
by state board rule or express provision of law, the executive
officer is specifically required to act personally.
39517. The district shall be given notice and the opportunity to
act before any rule or regulation is adopted by the state board for
the district pursuant to Section 41502.
39510. (a) The State Air Resources Board is continued in existence
in the California Environmental Protection Agency. The state board
shall consist of 11 members.
(b) The members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems. Six members shall have the following
qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(c) Five members shall be board members from districts who shall
reflect the qualitative requirements of subdivision (b) to the extent
practicable. Of these five members, one shall be a board member from
the south coast district, one shall be a board member from the bay
district, one shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District or, if the unified district is
abolished, from the San Joaquin Valley Air Quality Management
District if created pursuant to Section 5 of Chapter 915 of the
Statutes of 1994, one shall be a board member from the San Diego
County Air Pollution Control District, and one shall be a board
member of any other district.
(d) Any vacancy shall be filled by the Governor within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(e) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. No member of the state board shall be precluded from voting
or otherwise acting upon any matter solely because that member has
voted or acted upon the matter in his or her capacity as a member of
a district board, except that no member of the state board who is
also a member of a district board shall participate in any action
regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive.
(f) Notwithstanding subdivision (e) of Section 1 of Chapter 1201
of the Statutes of 1991, this section shall become operative on
January 1, 1994.
39511. (a) The Governor shall appoint the chairperson, who shall
serve at the pleasure of the Governor, from among the members of the
state board, and shall serve as the principal advisor to the Governor
on, and shall assist the Governor in establishing, major policy and
program matters on environmental protection. The chairperson shall
also serve as the principal communications link for the effective
transmission of policy problems and decisions to the Governor
relating to the activities of the State Water Resources Control Board
and the State Solid Waste Management Board, in addition to serving
as the Governor's chief air quality policy spokesperson.
(b) The chairperson shall serve full time.
39512. Each member of the state board shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
39512.5. (a) With respect to the members appointed pursuant to
subdivision (c) of Section 39510, those members shall serve without
compensation but shall be reimbursed 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. Each elected public official
member of the state board shall receive one hundred dollars ($100)
for each day, or portion thereof, but not to exceed one thousand
dollars ($1,000) in any month, attending meetings of the state board
or committees thereof, or upon authorization of the state board while
on official business of the state board.
(b) Reimbursements made pursuant to subdivision (a) shall be made
as follows:
(1) A member appointed from a district that is specifically named
in subdivision (c) of Section 39510 shall be reimbursed by the
district from which the person qualified for membership.
(2) The member appointed as a board member of a district that is
not specifically named in subdivision (c) of Section 39510 shall be
reimbursed by the state board.
39513. The state board shall hold regular meetings at least twice a
month. Special meetings may be called by the chair or upon the
request of a majority of the members. Each member of the state board
shall receive reimbursement for actual necessary traveling expenses
incurred in the performance of official duties. Time spent in these
board meetings shall count toward the sixty hours per month work
requirement specified in Section 11564 of the Government Code.
39514. The provisions of Chapter 2 (commencing with Section 11150),
Part 1, Division 3, Title 2 of the Government Code apply to the
state board, and the state board is the head of a department within
the meaning of the chapter.
39515. (a) The state board shall appoint an executive officer who
shall serve at the pleasure of the state board and, except as
provided in subdivision (d), may delegate any duty to the executive
officer that the state board deems appropriate.
(b) The intention of the Legislature is hereby declared to be that
the executive officer shall perform and discharge, under the
direction and control of the state board, the powers, duties,
purposes, functions, and jurisdiction vested in the state board and
delegated to the executive officer by the state board.
(c) The state board shall, upon the receipt of a petition from any
affected member of the public, affected district, or designated air
quality planning agency, hold a public hearing to review any action
taken by the executive officer pursuant to Section 41650, 41651, or
41652.
(d) Any action taken by the executive officer pursuant to Section
40469 or Sections 41503 to 41505, inclusive, shall be subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
39516. Any power, duty, purpose, function, or jurisdiction which
the state board may lawfully delegate shall be conclusively presumed
to have been delegated to the executive officer unless it is shown
that the state board, by affirmative vote recorded in the minutes of
the state board, specifically has reserved the same for the state
board's own action.
The executive officer may redelegate to his subordinates unless,
by state board rule or express provision of law, the executive
officer is specifically required to act personally.
39517. The district shall be given notice and the opportunity to
act before any rule or regulation is adopted by the state board for
the district pursuant to Section 41502.
