Board Members and Duties (AB 423)

California Assembly Bill AB 423

California Assembly Bill 423 (Gloria, 2019) amended State law to restructure and expand the governing board of the San Diego County Air Pollution Control District. AB 423 adds specified duties to the District and requires the California Air Resources Board (ARB) to conduct a program audit of the District.  The District's goal is to comply with AB 423 while aligning services to available resources to maintain fiscal stability.  More information on the new State requirements is provided below.

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Since 1955, the 5-member County of San Diego Board of Supervisors has served as the District's governing board, known as the Air Pollution Control Board.  As of March 1, 2021, AB 423 requires the appointment of a new 11-member governing board consisting of:

Adds Duties to the District

  • By July 1, 2020, post on the District's website all permit applications received and accept and consider all public comments received before taking final action on the applications.  

  • By July 1, 2021, prepare a report for the governing board's consideration that summarizes all District actions taken on permit applications in 2020.  Based upon this report, consider possible amendments to the District's rules to ensure adequate opportunity for public comment on permit applications.

  • By December 31, 2021, create and maintain a District website separate from the County website, migrate all existing information to the new website and post the following additional information: 

    • Agendas and minutes of the governing board.

    • Air quality monitoring data.

    • Current facility permits in a searchable format.

    • Air pollution complaints from the public and their resolution.

    • All settled enforcement actions and the cover sheets of notices of violation, in a searchable format.

    • Documents related to the State-mandated "Air Toxics Hot Spots" Program including facility emissions inventories, health risk assessments, public notices, and health risk reduction plans.

    • The District budget, including revenue and expense projections and actuals. 

  • By December 31, 2021, evaluate the current process for receiving and responding to air pollution complaints and prepare a recommended plan for updating the process including these components:  

    • 24-hour hotline.

    • Response to complaints within 48 hours or less.

    • Whistle-blower and public complainant protections.

    • Posting of complaints and their resolution on the District's website. 

  • By December 2021, develop a plan for a comprehensive air monitoring program that includes an evaluation of monitor locations in the most impacted communities and the monitoring of other air pollutants.

  • Publish an annual air quality report that identifies air pollution levels, enforcement actions taken, revenues secured, program outcomes and emissions reduction progress.

  • Apply for statewide grant and incentive programs, including incentive programs administered by ARB and the Environmental Protection Agency (EPA).   

  • 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

Requires an Audit of the District

ARB must complete a program audit of the District by June 1, 2021. 

ARB’s audit workplan is available at the ARB San Diego Program Review Project Files webpage

Although not required by AB 423, the California State Auditor was directed by the Joint Legislative Audit Committee to audit the District's finances and public outreach activities. The CSA completed its audit and issued a report in July 2020; the District accepted all recommendations. 

For more information on the California State Auditor Report

 

For the full AB 423 Text