AMENDED IN SENATE JULY 17, 2025

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AMENDED IN SENATE JUNE 19, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

CHAPTER 366

Statutes of 2025

[ Approved by Governor October 6, 2025. Filed with Secretary of State October 6, 2025. ]

Introduced by Assembly Member Hart

February 6, 2025

An act to add Sections 40100.5.5 and 41313 to the Health and Safety Code, relating to air pollution.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides for the creation of a county air pollution control district in every county not included within other specified districts. Existing law requires, under certain circumstances, the membership of the governing board of each county air pollution control district to include one or more members who are mayors, city council members, or both, and one or more members who are county supervisors.

This bill would provide that a member of the board is entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties, as specified. The bill would require, upon adoption of a resolution by the county district board, each member of the board to receive compensation, subject to specified daily and annual limits, while attending meetings of the board or any committee of the board or while engaged in the official business of the county district, as specified. The bill would require a county district board that elects to provide compensation to its board to submit a report containing specified information to the relevant committees of the Legislature within 3 years of the commencement of that compensation. The bill would provide that these provisions apply only to a county district board subject to the above-described membership requirement.

Existing law establishes the Antelope Valley Air Quality Management District, governed by a 7-member board, and prescribes the powers and duties of the district board with respect to the control of air pollution in the district.

This bill would provide that a member of the board is entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties, as specified. The bill would require, upon adoption of a resolution by the district board, each member of the board to receive compensation, subject to specified daily and annual limits, while attending meetings of the board or any committee of the board or while engaged in the official business of the county district, as specified. The bill would require the district board, if it elects to provide compensation to its board, to submit a report containing specified information to the relevant committees of the Legislature within 3 years of the commencement of that compensation.

This bill would make legislative findings and declarations as to the necessity of a special statute for the boards.

The people of the State of California do enact as follows:

SECTION 1.

Section 40100.5.5 is added to the Health and Safety Code, to read:

40100.5.5.

(a) (1) Each member of a county district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties.

(2) The county district board shall not provide reimbursement for expenses pursuant to this subdivision to a member of the board if the member receives any reimbursement for the expenses covered by paragraph (1) by another entity.

(b) (1) In addition to the reimbursement for expenses provided pursuant to subdivision (a), upon adoption of a resolution by a county district board at an open regular meeting, each member of the county district board shall receive compensation of up to two hundred dollars ($200) per day attending meetings of the county district board or any committee of the county district board, or, upon authorization of the county district board, while engaged in the official business of the county district, but that compensation shall not exceed seven thousand two hundred dollars ($7,200) per board member in any one year.

(2) The compensation of each member of the county district board may be increased beyond the amounts provided in paragraph (1) by the county district board at an open regular meeting, but the amount of the increase shall not 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, 2026, 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 for the area where the district board is located.

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

(4) The county district board shall not provide compensation pursuant to this subdivision to a member of the board if the member receives any compensation specifically provided for activities described in paragraph (1) from another entity.

(c) The reimbursement for expenses and compensation provided for in this section only applies to members of a county district board whose membership is determined pursuant to Section 40100.5.

(d) (1) Each county district board that elects to provide compensation to its board pursuant to subdivision (b) shall submit a report to the relevant committees of the Legislature within three years of the commencement of that compensation.

(2) The report shall include, but is not limited to, the following information:

(A) An assessment of whether providing the compensation changed the composition of the board membership and their backgrounds.

(B) An assessment of whether providing compensation improved the engagement and ability of board members to carry out their responsibilities on matters pertaining to the county district.

(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

Section 41313 is added to the Health and Safety Code, to read:

41313.

(a) (1) Each member of the Antelope Valley district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties.

(2) The Antelope Valley district board shall not provide reimbursement for expenses pursuant to this subdivision to a member of the board if the member receives any reimbursement for the expenses covered by paragraph (1) by another entity.

(b) (1) In addition to the reimbursement for expenses provided pursuant to subdivision (a), upon adoption of a resolution by the Antelope Valley district board at an open regular meeting, each member of the Antelope Valley district board shall receive compensation of up to two hundred dollars ($200) per day attending meetings of the Antelope Valley district board or any committee of the Antelope Valley district board, or, upon authorization of the Antelope Valley district board, while engaged in the official business of the district, but that compensation shall not exceed seven thousand two hundred dollars ($7,200) per board member in any one year.

(2) The compensation of each member of the Antelope Valley district board may be increased beyond the amounts provided in paragraph (1) by the Antelope Valley district board at an open regular meeting, but the amount of the increase shall not 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, 2026, 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 for the area where the Antelope Valley district board is located.

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

(4) The Antelope Valley district board shall not provide compensation pursuant to this subdivision to a member of the board if the member receives any compensation specifically provided for activities described in paragraph (1) from another entity.

(c) (1) If the Antelope Valley district board elects to provide compensation to its board pursuant to this section, it shall submit a report to the relevant committees of the Legislature within three years of the commencement of that compensation.

(2) The report shall include, but is not limited to, the following information:

(A) An assessment of whether providing the compensation changed the composition of the board membership and their backgrounds.

(B) An assessment of whether providing compensation improved the engagement and ability of board members to carry out their responsibilities on matters pertaining to the Antelope Valley district.

(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to specifically set forth that the governing boards of county air pollution control districts, whose membership is determined pursuant to Section 40100.5 of the Health and Safety Code, and the governing board of the Antelope Valley Air Quality Management District, may provide compensation to governing board members thereby ensuring board members are adequately compensated for the important public service they perform, along with other air pollution control and air quality management districts that have existing explicit statutory authority to do so.