Home California Frazier Bill Would Make California Air Resource Board Elected

Frazier Bill Would Make California Air Resource Board Elected

by ECT

A bill introduced by Assemblymember Jim Frazier would turn the California Air Resource Board from an appointed position to an elected board.

Existing law provides that the State Air Resources Board shall consist of 14 voting members, 12 of whom shall be appointed by the Governor, with the consent of the Senate, one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly.

This bill (AB 1205)  would express the intent of the Legislature to enact subsequent legislation requiring that all members of the state board be elected, rather than appointed.
Here is a look at the current Board as shown on their website:
Board PositionCurrent MemberAppointed ByTerm Ends
Chair, Law & Air Pollution ControlLiane M. RandolphGovernorDec 31, 2026
Vice-Chair, Public MemberSandra BergGovernorDec 31, 2022
Agricultural MemberJohn EisenhutGovernorDec 31, 2022
Automotive MemberDaniel SperlingGovernorDec 31, 2022
Physician MemberJohn R. Balmes, MDGovernorDec 31, 2020
Public MemberDiane TakvorianGovernorDec 31, 2022
Senate Environmental Justice MemberDean FlorezSenate President Pro TemDec 31, 2024
Assembly Environmental Justice MemberHector De La TorreAssembly SpeakerJan 1, 2025
Bay Area AQMD MemberDavina HurtGovernorDec 31, 2026
Mojave Desert AQMD MemberBarbara RiordanGovernorDec 31, 2022
Sacramento Region Air DistrictsPhil SernaGovernorDec 31, 2022
San Diego APCD MemberNathan FletcherGovernorJan 29, 2025
San Joaquin Valley APCD MemberTania Pacheco-Werner, Ph.D.GovernorDec 31, 2026
South Coast AQMD MemberGideon KracovGovernorDec 31, 2026
Ex Officio Member, CA AssemblyAssemblymember Eduardo GarciaAssembly Speaker

Board Member Terms

AB 197, passed in 2016, established six-years terms for the 14 voting Board members, with the exception of initial staggered terms to provide an orderly transition to full fixed terms. The initial staggered terms expire as follows:

  • December 31, 2018: 3 members
  • December 31, 2020: 5 members
  • December 31, 2022: 6 members

Once appointed, Board members cannot be replaced by the appointing authority unless they no longer meet the requirements of the position, for example no longer being a member of a specific Air Pollution Control District.

More Information

Authority of Board

The Board’s rulemaking authority follows the requirements of California’s Administrative Procedure Act (APA) (Government Code section 11340 et seq.) and regulations adopted by the Office of Administrative Law (OAL). In general, the rulemaking process begins with initial enabling law, passed by the California legislature and signed by the Governor. The legislature may create laws with very specific requirements, or draft laws establishing overall goals and objectives that are achieved by specific actions developed by the Board’s public rulemaking process. The Board develops these regulations following the requirements of the Administrative Policy Act, and related public meeting laws, to adopt the specific actions required to carry out the responsibilities of the original law.

As a final step, all regulations adopted by the Board are reviewed by the California Office of Administrative Law to ensure compliance with the original enabling legislation and public participation and notice requirements. In addition, many actions of the Board also require the granting of a Waiver from the United States Environmental Protection Agency before they can take effect. The granting of the waiver requires California to demonstrate the greater effectiveness of its regulation over existing federal law, and the need for more stringent actions or standards to address the states severe air quality problem.

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2 comments

Robert C. Mar 3, 2021 - 12:21 pm

A bill to express consent to pass a future bill?

Jg Mar 6, 2021 - 2:03 pm

Gee wiz Frazier , 14 Board Members ?? I did not know how bloated the board is.

How do they get anything done ?

Add a supplement to your bill and reduce the number of members to 5 or 7

Comments are closed.