Cal. HSC § 40100.6 — California Code / Code hsc / Division 26 / Part 3 / Chapter 2 / Article 1 / Section 40100.6
Section 40100.6
Status: in_force

(a) The 11 members of the San Diego County Air Pollution Control District governing board shall be appointed as follows:

(1) Two members representing the board of supervisors as appointed by a majority of the board of supervisors.

(2) The mayor or a city council member at large from the City of San Diego.

(3) (A) One mayor or city council member from each of the five supervisorial districts. Notwithstanding Sections 50272 and 50275 of the Government Code, those five members shall be selected by city selection committee members representing the cities of that supervisorial district.

(B) A city shall not have more than two members appointed pursuant to the process described in this paragraph.

(4) Three public members shall be appointed by the members appointed pursuant to paragraphs (1) to (3), inclusive, at a public hearing. The public members shall be appointed according to the following:

(A) 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.

(B) One public member shall be a person representing environmental justice interests and who works directly with communities within the boundaries of the San Diego County Air Pollution Control 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.

(C) 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.

(b) All members shall 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.

(c) All members shall reside within the boundaries of the San Diego County Air Pollution Control District.

(d) (1) Each member of the San Diego County Air Pollution Control District shall serve a four-year term and until that member’s successor is appointed.

(2) Notwithstanding paragraph (1), on the first board meeting in the 2029 calendar year, the governing board clerk shall conduct a random drawing to select two members appointed pursuant to paragraph (3) of subdivision (a) and two members appointed pursuant to paragraph (4) of subdivision (a) to serve a two-year term and until that member’s successor is appointed.

(e) (1) Each member of the San Diego County Air Pollution Control District governing board shall receive compensation of up to two hundred dollars ($200) for each day, or a portion thereof, but not to exceed two thousand dollars ($2,000) per month, while attending meetings of the district governing board or any committee of the district governing board or, upon authorization of the district governing board, while on official business of the San Diego County Air Pollution Control District, and the actual and necessary expenses incurred in performing the member’s official duties. An increase in compensation to an amount greater than one hundred dollars ($100) for each day or one thousand dollars ($1,000) per month shall be approved by the district governing board at an open regular meeting.

(2) The compensation of each member of this district governing board may be increased beyond the amount provided in paragraph (1) by the district governing board at an open regular meeting by an amount not to exceed the greater of either of the following:

(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation.

(B) Beginning January 1, 2025, an amount not to exceed 10 percent for each calendar year that is equal to the annual change in inflation as determined by the California Consumer Price Index.

(3) The district governing board shall not provide for automatic future increases in compensation for its members.

(f) Each appointing authority described in subdivision (a) may designate an alternate member to serve in place of the regular member when the regular member is absent or disqualified from participating. When serving in place of the appointed member, the alternate member may vote and may receive compensation and expenses pursuant to subdivision (e). An alternate member may be designated pursuant to this subdivision only if the alternate member meets the same qualifications applicable to the regular member.

(g) (1) A vacancy on the San Diego County Air Pollution Control District governing board shall be filled by appointment in the same manner as the vacating member was appointed.

(2) A member of the San Diego County Air Pollution Control District governing board may be removed at any time in the same manner as the member was appointed.

(h) (1) The San Diego County Air Pollution Control District governing board shall consult with the United States Navy, the United States Marine Corps, and the United States Coast Guard on all permitting, rules, regulations, and planning issues that have the potential to impact the mission of the United States Navy, the United States Marine Corps, and the United States Coast Guard.

(2) The San Diego County Air Pollution Control District governing board shall designate, after consultation with the United States Armed Forces, one member to serve as the liaison to the United States Navy, the United States Marine Corps, and the United States Coast Guard. The liaison shall report to the San Diego County Air Pollution Control District governing board as necessary to inform the governing board of any issues with the activities described in paragraph (1) and of any potential resolution to those issues.