HANFORD -- A repeat California Senate bill to shake up the local air district's board of directors is once again drawing opposition from the Kings County Board of Supervisors.

SB 999, proposed by Mike Machado (D-Linden), would increase the size of the 11-member San Joaquin Valley Unified Air Pollution Control District board by adding three "at-large" state appointments from a list of nominees provided by medical and environmental organizations.

That part of the proposal prompted the Kings County Board of Supervisors Tuesday to send a letter to Machado voicing its unanimous opposition to his bill.

In the letter, drafted by County Administrative Officer Larry Spikes, the board said that the list of nominating organizations was too narrow and that the bill unfairly excludes employers or business owners regulated by the district.

The board also opposes another part of the bill that would reduce Kings and Madera counties to one combined appointment. Currently, each county has its own representative on the board.

Virtually the same letter was sent last year to oppose the bill, which returns to the state senate this year after dying in committee in 2004, said Mary Gallegos, deputy county administrative officer.

Gallegos said the bill runs the risk of making the district board dangerously unaccountable.

"Folks who are appointed that haven't been in an elected capacity can be there for other agendas," Gallegos said.

The current 11-member district board consists of three representatives from district cities and one from each of the district's eight counties.

But the bill's defenders say it is designed to make district board members less beholden to interests that slow down implementation of clear air targets.

The district is currently facing a pending lawsuit for its failure to meet rule-generating targets for so-called PM 10 pollution from dust particles, waste burning and automobiles.

Such rules, and the attainment deadlines that go with them, are necessary to get the district out of the Environmental Protection Agency's non-attainment category.

According to the EPA, the San Joaquin Valley has the most polluted air in the nation. Heavy fines could be imposed if the district doesn't clean up its air by established deadlines.

"If you take a look at some other districts, they've made significant progress in meeting air quality targets," said Colin Grinnell, a legislative aide to Sen. Machado.

Grinnell said the change would give the current board needed expertise.

Currently, the only requirement for serving on the board is appointment by a city council or county board of supervisors.

SB 999 would require the three at-large appointments to have "demonstrated interest and expertise in air quality," Grinnell said.

"You'll get a more diverse debate," he said.

Air district staff scoffed at the notion that there wasn't enough expertise on the current board.

"That's what you have staff for. Board members collectively have decades of experience. Putting a scientist on the board isn't going to change that," said Phil Jay, district counsel.

Jay said the bill amounted to an attempt on the part of the bill's supporters -- which includes such groups as the Sierra Club and the American Lung Association -- to "pack it with people who they think might reflect (their) political views."

But new viewpoints are precisely what is needed, according to Grinnell.

"I think that any additional board members will help the board craft better rules," he said.

For Grinnell, the issue is the district's failure to meet rule-making deadlines in eight PM 10 target areas it submitted to the Environmental Protection Agency.

Jay disputed that, saying the district was only out of compliance in two areas at press time.

Jay also disputed the notion that district tardiness reflects a failure to deal with air pollution. Separate programs implemented during the delayed rule-making process are more than making up for the shortfalls, he said.

"Technically, (the district) is behind on the rules, but it's not affecting the progress of the district in meeting its goals," he said.

Local officials make virtually the same argument.

"We're doing the best we can with the air, and we're going to continue to do the best we can," said Tony Barba, Kings County's District 4 supervisor who also serves as Kings' appointment on the air district's board of directors.

Would changing the board's makeup alter its performance? Not according to air district and Kings County officials.

"Air quality is essential. But changing the (board) composition at this point in time, there just doesn't seem to be any reason for it," Gallegos said.

It remains to be seen whether the bill will see the light of day. The same version died in committee last year -- the second time it was introduced, according to Gallegos.

Proponents like Grinnell say they'll make changes to build a broader coalition as the bill comes up for consideration.

Gallegos hopes they aren't successful. "I hope (its) chance of passing is zero," she said.

(The reporter may be reached by e-mail at: snidever@pulitzer.net)

(March 16, 2005)