Board Members and Duties (AB 423)

Since 1955, the 5-member County of San Diego Board of Supervisors has served as the District's governing board, known as the Air Pollution Control Board.  As of March 1, 2021, AB 423 requires the appointment of a new 11-member governing board consisting of:

• Two County supervisors, as appointed by a majority of the Board of Supervisors, including the supervisor who serves as the District's member on the ARB. 

  • Nora Vargas, Supervisor - District 1, San Diego County Board of Supervisors Representative.

  • Nathan Fletcher, Supervisor - District 4, San Diego County Board of Supervisors Representative.

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

  • Stephen Whitburn, Councilmember - City of San Diego, City of San Diego Representative.

• One city council member from each supervisorial district, as selected by the City Selection Committee representing the cities of that supervisorial district.  A city may not have more than two members on the District's governing board. 

  • Marcus Bush, Councilmember - City of National City, District 1 Representative.

  • Jack Shu, Councilmember - City of La Mesa, District 2 Representative.

  • Consuelo Martinez, Councilmember - City of Escondido, District 3 Representative.

  • Sean Elo-Rivera, Councilmember - City of San Diego, District 4 Representative.

  • Esther Sanchez, Mayor - City of Oceanside, District 5 Representative.

• Three public members appointed by a majority of the other board members at a public hearing, as follows: 

  • One physician or public health professional who actively practices in the San Diego region and who specializes in the health effects of air pollution on vulnerable populations. (Anne Marie Birbeck-Garcia)

  • One environmental justice representative who works directly with a disadvantaged community in the region and who may live in that community and have a demonstrated record of community leadership. (Georgette Gomez)

  • One public member with a scientific or technical background in air pollution such as an environmental engineer, chemist, meteorologist, or air pollution specialist. (Enrique Medina) 

• The governing board designated Member Nathan Fletcher to serve as the board's liaison to the military on air quality permitting, regulatory and planning issues that have the potential to impact the military's mission.                                                                              

Adds Duties to the District

• By July 1, 2020, post on the District's website all permit applications received and accept and consider all public comments received before taking final action on the applications.  

• By July 1, 2021, prepare a report for the governing board's consideration that summarizes all District actions taken on permit applications in 2020.  Based upon this report, consider possible amendments to the District's rules to ensure adequate opportunity for public comment on permit applications.

• By December 31, 2021, create and maintain a District website separate from the County website, migrate all existing information to the new website and post the following additional information: 

  • Agendas and minutes of the governing board.

  • Air quality monitoring data.

  • Current facility permits in a searchable format.

  • Air pollution complaints from the public and their resolution.

  • All settled enforcement actions and the cover sheets of notices of violation, in a searchable format.

  • Documents related to the State-mandated "Air Toxics Hot Spots" Program including facility emissions inventories, health risk assessments, public notices, and health risk reduction plans.

  • The District budget, including revenue and expense projections and actuals. 

• By December 31, 2021, evaluate the current process for receiving and responding to air pollution complaints and prepare a recommended plan for updating the process including these components:  

  • 24-hour hotline.

  • Response to complaints within 48 hours or less.

  • Whistle-blower and public complainant protections.

  • Posting of complaints and their resolution on the District's website. 

• By December 2021, develop a plan for a comprehensive air monitoring program that includes an evaluation of monitor locations in the most impacted communities and the monitoring of other air pollutants.

• Publish an annual air quality report that identifies air pollution levels, enforcement actions taken, revenues secured, program outcomes and emissions reduction progress.

• Apply for statewide grant and incentive programs, including incentive programs administered by ARB and the Environmental Protection Agency (EPA).   

• Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers

Requires an Audit of the District

ARB must complete a program audit of the District by June 1, 2021. 

ARB’s audit workplan is available at the ARB San Diego Program Review Project Files webpage. 

Although not required by AB 423, the California State Auditor was directed by the Joint Legislative Audit Committee to audit the District's finances and public outreach activities. The CSA completed its audit and issued a report in July 2020; the District accepted all recommendations. 

For more information on the California State Auditor Report. 

Budget & Staffing

• AB 423 does not identify State funding to support AB 423 implementation.

• Implementation is provided for in the District's FY 2020-21 Operational Plan as follows:

  • One-time start-up costs to create a new website, update the air pollution complaint and response process, and modify accounting and budgeting processes, are funded with the use of fund balance from the District's Operational Fund.

  • Implementation costs for board clerk, public outreach and other services no longer provided by the County are funded through FY 2020-21 by vehicle registration fees. Future year implementation costs and resources will be addressed in future Operational Plans.

For the full AB 423 Text.