Frazier Bill Would Make California Air Resource Board Elected
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.
| Board Position | Current Member | Appointed By | Term Ends |
|---|---|---|---|
| Chair, Law & Air Pollution Control | Liane M. Randolph | Governor | Dec 31, 2026 |
| Vice-Chair, Public Member | Sandra Berg | Governor | Dec 31, 2022 |
| Agricultural Member | John Eisenhut | Governor | Dec 31, 2022 |
| Automotive Member | Daniel Sperling | Governor | Dec 31, 2022 |
| Physician Member | John R. Balmes, MD | Governor | Dec 31, 2020 |
| Public Member | Diane Takvorian | Governor | Dec 31, 2022 |
| Senate Environmental Justice Member | Dean Florez | Senate President Pro Tem | Dec 31, 2024 |
| Assembly Environmental Justice Member | Hector De La Torre | Assembly Speaker | Jan 1, 2025 |
| Bay Area AQMD Member | Davina Hurt | Governor | Dec 31, 2026 |
| Mojave Desert AQMD Member | Barbara Riordan | Governor | Dec 31, 2022 |
| Sacramento Region Air Districts | Phil Serna | Governor | Dec 31, 2022 |
| San Diego APCD Member | Nathan Fletcher | Governor | Jan 29, 2025 |
| San Joaquin Valley APCD Member | Tania Pacheco-Werner, Ph.D. | Governor | Dec 31, 2026 |
| South Coast AQMD Member | Gideon Kracov | Governor | Dec 31, 2026 |
| Ex Officio Member, CA Assembly | Assemblymember Eduardo Garcia | Assembly 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:
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.
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.