Florez wants to keep Case off air board

Senator opposes Fresno County supervisor's selection to state panel.

SACRAMENTO -- Fresno County Supervisor Judy Case is facing a fight over her appointment to a powerful state board that sets air pollution regulations.

Upset over her recent votes on a Valley air-quality plan, state Sen. Dean Florez and environmental activists say they will seek to block her confirmation to the California Air Resources Board when she comes before a state Senate committee this month.

"I don't think she's the clean-air advocate that we need on the board," said Florez, a Shafter Democrat who wields significant influence in the Legislature on air-quality issues.

But Case has plenty of supporters in her corner.

"I don't think it's constructive to play politics with the confirmation," said Pete Weber, a Fresno civic leader. "I think she has been a very thoughtful board member."

Case, who also serves on the San Joaquin Valley Air Pollution Control District board, was appointed to the state board in May by Gov. Schwarzenegger and took her seat soon after. Case replaced retired Kern County Supervisor Barbara Patrick in the slot reserved for a member of the Valley air board.

Case's initial hearing before the Senate Rules Committee is scheduled for Jan. 23. She can serve until May 30 without being confirmed by the full Senate.

The Democratic-controlled Senate could oust her before then with a simple majority vote. This option is rarely used, but Florez said he would seek to force her immediate departure.

Senate President Pro Tem Don Perata, D-Oakland, who leads the rules committee, does not comment on appointees before their confirmation hearings, his office said.

Case said she has the support of a number of elected officials, including Assembly Member Juan Arambula, D-Fresno, and Assembly Republican Leader Mike Villines of Clovis.

"If Senator Florez has specific concerns, I'd be happy to talk to him about it," she said.

Air-quality activists are upset that Case twice voted to delay the deadline of a smog cleanup plan for the Valley, one of the worst air basins in the nation.

The Valley air board last year set a 2024 date, more than a decade beyond the initial deadline set by the federal government.

The state board, with Case as a member, later approved the plan by a 7-1 vote.

Schwarzenegger blasted the approval and vowed to push for more aggressive action.

Case's supporters said she helped lead a task force that strengthened the air plan to respond to the criticism.

But the state board decided not to change the 2024 target date, saying that existing technology did not allow for enough pollution reductions.

The governor is standing by his appointment of Case, a registered nurse who grew up on a family farm in Sanger.

"As a Fresno County resident and health-care expert and elected official, Judy Case is well qualified to make a significant contribution to the California Air Resources Board's national air-quality leadership, beginning in the Central Valley," said Rachel Cameron, a spokeswoman for the governor.

But Florez accused her of too often siding with agriculture interests.

"She always is ... using the argument that we have to ask business first whether they can afford something and then think about health issues later," he said.

Valley air board officials say the region's air can probably be cleaned up by 2020 or sooner, but that the federal government won't accept a plan that includes methods not rigorously proven.

Activists want quicker action and have called for the Valley board to enact tougher regulations such as banning pollution-spewing vehicles on smoggy days.

The board, which sets air pollution rules for the state, will take on an increasing role in coming years as the state implements new laws to curb greenhouse gas emissions -- rules that could effect agriculture.

Valley air activists are lobbying for Case to be replaced on the state board by Arvin City Council Member Raji Brar or one of four new members who will soon join the Valley board.

The four slots were created last year with legislation pushed by environmentalists. Two yet-to-be named city appointees will be added, and the governor will appoint two medical experts.

Recommendations have been made, but the Governor's Office is still sifting through applications.

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