AGENDA NO. 20

Report:

Legislative Committee

Synopsis:

The Legislative Committee considered agenda items including recommended positions on the following bills:

AB 2282 (Knox) and AB 2623 (Kuehl)--Clean Fuel Vehicles and Carpool Lanes;
AB 2369 (Takasugi)--Title V Permits;
AB 2635 (Morrissey)--Portable Engines:BACT;
AB 2937 (Brulte)--Environmental Regulations:Minor Violations;
AB 3159 (Olberg)--Restrictions on Civil Penalties;
SB 1880 (Lewis)--Portable Engines:Definition; and
SB 1868 (Hayden)--Congestion Pricing: L.A. MTA.
The Board will consider adopting positions on these bills.

Recommended Action:

Approve the legislative positions recommended below.

Attendance:
Present were Legislative Committee Chairman William Burke, Committee Vice-Chair Roy Wilson, and Committee Members Jim Silva and Nell Soto. In the absence of Committee Member Michael Antonovich, and pursuant to the Procedures for Standing Committees of the Governing Board, adopted March 8, 1996, Chairman Mikels appointed himself as an ad hoc member of the Legislative Committee for the May 24, 1996 meeting only. Attachment 1 is an attendance record.

Legislative Status Report:
Staff provided an update on the seven bills carried by Senators Hurtt and Lewis. Only two of the seven bills are still pending in the legislature:

• SB 836 (Lewis) which repeals Rule 2202 is in the Assembly inactive file while amendments to the bill are being discussed. The author can re-activate the bill at any time with 24 hours’ notice. The proposed amendments to SB 836 relating to funding of a substitute measure for Rule 2202 are still in flux.
  
• SB 1603 (Lewis) which prohibits AQMD from regulating indirect sources and would repeal Rule 2202 was sent to the Senate Appropriations suspense file due to potential state costs. However, the author has proposed amendments and will try again.

Staff also updated the committee on AB 3248 by Assembly Member Grace Napolitano addressing AQMD’s public outreach and business assistance functions. The bill passed the Assembly Appropriations Committee on May 22. Negotiations on an administrative alternative to AB 3248 are continuing.

Recommended Positions on Bills:
Staff provided an updated status report on the air quality bills AQMD has been tracking this legislative session (Attachment 2) and brought eight new bills to the Legislative Committee for discussion (Attachment 3). Committee members endorsed the following positions:

Bill/Title Recommended Positions

AB 2282 (Knox) and AB 2623 (Kuehl) -- Support
Clean Fuel Vehicles and Carpool Lanes
AB 2369 (Takasugi) --Title V Permits Support if Amended
AB 2635 (Morrissey) -- Portable Engines: BACT Continue to June 14, 1996 and Source Testing Governing Board Meeting
AB 2937 (Brulte) --Minor Violations/Env. Regulations Oppose*
AB 3159 (Olberg) --Restrictions on Civil Penalties Oppose*
SB 1880 (Lewis) --Portable Engines: Definition Support with Amendments
SB 1868 (Hayden) -- Congestion Pricing: L.A. MTA None (information only)
*Board Member Silva voted against an Oppose position
Staff provided a brief description of each bill and recommended position.

• AB 2282 (Knox) and AB 2623 (Kuehl) would allow solo drivers of low-emitting and electric vehicles to use carpool lanes. This could help bolster sales and provide needed incentives for potential purchasers.
• AB 2369 (Takasugi) facilitates Title V operating permits, but needs modest changes to ensure consistency with federal guidelines.
• AB 2635 (Morrissey) and SB 1880 (Lewis) are two bills dealing with portable engines:

SB 1880 provides a clearer definition of portable engines than in current law and only a minor amendment is needed to fully conform with the federal definition regarding seasonal use. Staff expressed concern that AB 2635 (Morrissey) weakens AQMD’s attainment plan by adding “economically feasible” to the criteria for portable engines. Jeb Stuart, representing the construction industry which is sponsoring the bill, told the Committee they were proposing a series of amendments to address AQMD’s concerns. On a unanimous vote, the Committee decided to continue this item until the June 14 Governing Board Meeting and directed staff to continue discussions with the sponsor.

• AB 2937 (Olberg) is a regulatory reform initiative by the Assembly Republican Caucus. The bill shifts how environmental regulations are enforced and redefines “minor” violations. Staff indicated this would not allow us to prosecute most violations and recommended an Oppose position.
• AB 3159 (Olberg) is a companion bill to AB 2937 (Brulte). It could result in every violation having to go to court inside of being settled. This would add a heavy administrative burden on District staff and require additional inspection resources.
• SB 1868 (Hayden) requires MTA to receive statutory authorization before imposing any congestion pricing mechanism. Staff brought this bill to the Committee for information only and made no recommendation.

Staff reported that the Assembly Natural Resources Committee planned to hold a hearing on the AQMD’s budget on June 3 (the hearing date has since been tentatively moved to June 10). Chairman Mikels is scheduled to represent the District.

Other Business/Public Comment:
Public Member John Billheimer provided the Committee with information pertaining to Big Bear seceding from the SCAQMD. In response, Executive Officer Jim Lents indicated that staff is considering area-specific regulations as part of updating the AQMD’s Air Quality Management Plan.

Attachments

1. Attendance Record

2. Status Report on Bills

3. Analyses for Assembly Bills 2282, 2623, 2369, 2635, 2937, 3159 and Senate Bills 1880 and 1868.