Senate committee rejects air board nominee
SACRAMENTO—A Senate committee recommended Wednesday that one of Gov. Arnold Schwarzenegger's appointees to the state air board be replaced because of her record on public health issues.
The Rules Committee voted 3-2 along party lines against the appointment after some Central Valley lawmakers complained that board member Judith Case routinely sides with polluters on air quality issues.
The committee's recommendation goes to the full Senate, which is expected to vote Thursday. If the Senate rejects the appointment, Case would be forced to leave the board within 60 days.
A member of the San Joaquin Valley Air Pollution Control District board, Case was appointed in May by the Republican governor to a four-year term on the state Air Resources Board.
The ARB's nominees are usually allowed to serve a year before the Senate votes on whether to confirm them, but Case's tenure on the local air board and her early votes on the state board have raised some red flags among Democrats and public health and environmental groups.
Democrats singled out Case's support last June for giving the San Joaquin Valley an 11-year extension to meet federal ozone requirements.
That vote was among the reasons given last year by the Schwarzenegger administration for replacing former board chairman Robert Sawyer.
"I don't understand why the governor would fire Dr. Sawyer and not oppose (Case's) nomination to this board," said Sen. Dean Florez, D-Shafter.
Case voted twice as an ARB member to approve the extension, as did new board chairwoman Mary Nichols and the rest of the 11-member board.
Board members said federal law required them to extend the deadline.
At the time, they also argued that there wasn't the kind of technology required to reduce smog levels as aggressively as many people hoped.
That point was echoed by Sen. Roy Ashburn, R-Bakersfield, who complained that Democrats were twisting Case's record.
"If people don't like you, that's fine, but they are not going to mischaracterize your votes or your positions," Ashburn said.
Case asked lawmakers to consider her votes over the years to impose pollution regulations on the agriculture and trucking industries as a way to clean up the air in a part of the country that has the worst pollution.
"I listen to all individuals that have an interest in an issue," Case told senators. "I talk to many people. It's not just those in agriculture."
Democrats were dismissive, pointing to a "track record" of votes by Case against stringent air quality measures.
Opponents cited her votes as a local air regulator to oppose bills that required farmers to comply with federal clean air laws and added medical and scientific experts to the San Joaquin Valley air board.
A spokesman for the governor, Aaron McLear, said the administration was disappointed that the committee didn't support Case but would lobby the full Senate to vote for her.
The Rules Committee voted to support the appointments of San Mateo County Supervisor Jerry Hill and University of California, Davis professor Daniel Sperling to the ARB. They were appointed by Schwarzenegger last February.