1. Initial Staggered Terms for Voting Members of the California Air Resources Board
Good morning Madam Chair and members of the Board.
In an unprecedented occurrence (at least since I have been here), the Chief Counsel will deliver the staff’s presentation. 
The statute at issue—Assembly Bill 197—raised a number of complicated legal and procedure questions that needed to be worked through.  That process took time.  Today we are ready to propose a way forward and discuss the initial staggered terms for the 14 voting members of the Board.
Many of you already know the structure, but for the public, I will set out some background in the next few minutes.
July 26, 2018

2. AB 197 (Stats. 2016, ch. 250)
Added two nonvoting, ex-officio members of the Legislature to the Board
Established six-year terms for the 14 voting Board members (2 legislative and 12 gubernatorial appointees) with the exception of “initial staggered terms”
Directed the Board to establish the initial staggered terms to transition to six-year terms
AB 197 changed the Board’s governance in two significant ways. First, AB 197 added two members of the Legislature as ex officio, non-voting members of the Board. Those two members, as the Chair noted, are Assembly Member Eduardo Garcia and Senator Ricardo Lara.
Second, AB 197 sets terms for the remaining 14 voting members of the Board. Previously, all of the Board members were “at will” of their appointing authority. For 2 voting members, the appointing authority is the Legislature, and, for the remaining 12 members, the appointing authority is the Governor.
Under the new statute, the voting members serve fixed 6-year terms with one exception. AB 197 directed the Board to establish the initial staggered terms, which is why we are here today.
AB 197 allows for members to be re-appointed to a an additional, full 6-year term. There is no limit on how many times someone can be re-appointed.
Personally, I hope all of the current Board members will be reappointed and stay on to keep this effective, dynamic group together.

3. Staff Considerations for Initial Staggered Terms
Provide an orderly transition to six-year fixed terms
Set some members’ initial terms to end sooner than others to establish a stagger
Complete transition within six years of AB 197’s effective date (12/31/2022)
AB 197 gives no guidance on setting these initial terms and there are unlimited ways to do it.
In developing a staff proposal for initial staggered terms, there were several considerations.
First, we wanted an orderly transition to the full six-year fixed terms. The proposal aims to ensure a continuity of institutional expertise on the Board.
Second, we did not want the terms of all of the six air district members to expire at the same time.
Third, the proposal needed to have some members’ initial terms’ end earlier than others to achieve the stagger contemplated by statute. The proposal has three different end dates: December 31, 2018, December 31, 2020, and December 31, 2022.
Finally, we believe it is appropriate for the Board to act today with three different end dates with all terms to conclude before January 1, 2023, six years after the effective date of AB 197.

4. Staff Proposed Plan for Initial Staggered Terms
Under staff’s suggested approach, voting members’ terms would expire in three tiers:
December 31, 2018—3 members
December 31, 2020—5 members
December 31, 2022—6 members
Staff’s suggested approach is for voting members’ terms to end as follows: 3 positions on December 31, 2018, 5 positions on December 31, 2020, and 6 positions on December 31, 2022.
The proposed end dates are clustered towards 2020 and 2022 rather than 2018, to limit the number of new appointments necessary at the start of the new Governor’s term.

5. Hector De La Torre (Assembly environmental justice appointee)
Staggered Terms by Member Terms Ending December 31, 2018 (3 Board Members)
Hector De La Torre (Assembly environmental justice appointee)
Dean Florez (Senate environmental justice appointee)
Ron Roberts (San Diego County Air Pollution Control District)
To reflect the Legislature’s request, staff proposes that the initial staggered terms for the two legislative appointees end on December 31, CARB staff did not want to presume the will of the Legislature; this proposal lets the Legislature decide how to handle their terms. 
If the legislative leadership want their representatives to have longer terms, their representatives can be reappointed into new 6 year terms in January Our goal is to provide the Legislature with the greatest opportunity for their appointment decisions.
Staff also proposes that the San Diego air district Board position currently held by Supervisor Roberts transition to the 6-year term at the end of Mr. Roberts’ local term expires in 2018, which automatically ends his membership on the Air Resources Board by operation of law.

6. Staggered Terms by Member Terms Ending December 31, 2020 (5 Board Members)
Dr. John Balmes (physician member)
John Gioia (Bay Area Air Quality Management District)
Judy Mitchell (South Coast Air Quality Management District)
Chair Mary Nichols (law and experience in air pollution control)
Dr. Alex Sherriffs (San Joaquin Valley Air Pollution Control District)
The remaining 5 air district Board positions are divided into two geographically diverse groups that expire on 2 different end dates. The other 6 gubernatorial appointee positions also expire on 2 different end dates.
In developing this proposal, staff sought to harmonize the state staggered term’s end date with the local district term end date where feasible. To that end, the San Diego position is set to expire in 2018 to harmonize with the local term end date, as previously mentioned.
As another example, the San Joaquin Valley Air Pollution Control District already has a statutorily set 4-year local term now ending in In the initial staggered term, we tried to coordinate this existing local term with the statewide 6-year term.

7. Staggered Terms by Member Terms Ending December 31, 2022 (6 Board Members)
Vice Chair Sandy Berg (public member)
John Eisenhut (agriculture member)
Barbara Riordan (Mojave Desert Air Quality Management District)
Phil Serna (Sacramento Metropolitan Air Quality Management District)
Professor Dan Sperling (automotive engineering member)
Vacancy gubernatorial appointee (public member)
This slide shows the last set of initial terms ending on December 31, 2022.
The Vice Chair’s term expires in a different tier than the Chair’s term.
The current public member vacancy is listed along with the remainder of the gubernatorial appointees.

8. Staff Recommendation
Approve staff’s proposed plan for staggered terms set forth in Draft Resolution and Attachment A
Staff recommends that the Board approve the proposed plan presented in the draft resolution.
Staff believes that this plan will ensure a smooth transition of the Board to the full 6-year terms, while continuing to maintaining a good diversity of institutional expertise on the Board during the transition period required by AB 197.
I welcome any questions.