§ 40100.5. — 40100.5. (Repealed (in Sec. 4) and added by Stats. 2019, Ch. 744, Sec. 5.)

California § 40100.5.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 26.: DIVISION 26. AIR RESOURCES
• Part 3.: PART 3. AIR POLLUTION CONTROL DISTRICTS
• Ch. 2.: CHAPTER 2. County Air Pollution Control Districts
• Art. 1.: ARTICLE 1. Administration

Text

(a)
The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors.
(b)
The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county and by a majority of the cities that contain a majority of the population in the incorporated area of the district.
(c)
The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation
of population between the cities in the district.
(d)
(1)
The members of the governing board who are mayors or city council members shall be selected by the city selection committee. When selecting a member of the governing board, the city selection committee may also select a mayor or another city council member as an alternate to serve and vote in place of the member who is absent or disqualified from participating.
(2)
In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. When selecting a member of the governing board, each city may also select its mayor or another city council member as an alternate to
serve and vote in place of the member who is absent or is disqualified from participating.
(3)
The members of the governing board who are county supervisors shall be selected by the county.
(e)
(1)
This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994.
(2)
The membership of the governing board for the San Diego County Air Pollution Control District shall be determined pursuant to Section 40100.6.
(f)
If a district fails to comply with subdivisions (a) and (b), the membership
of the governing board shall be determined as follows:
(1)
In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors.
(2)
In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors.
(3)
The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision
(d).
(4)
For purposes of paragraphs (1) and (2), if any number that is not a whole number results from the application of the term “one-third,” “one-half,” or “two-thirds,” the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer.
(g)
This section shall become operative on March 1, 2021.

Legislative History

Repealed (in Sec. 4) and added by Stats. 2019, Ch. 744, Sec. 5. (AB 423) Effective January 1, 2020. Section operative March 1, 2021, by its own provisions.