FRIDAY, FEBRUARY 23, 1996

Notice having been duly given, a special meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 E. Copley Drive, Diamond Bar, California. Members present:

Supervisor Jon D. Mikels, Chairman
County of San Bernardino

Dr. William Burke, Vice Chairman
Speaker of the Assembly Appointee

Councilman Marvin Braude (arrived at 10:25 a.m.)
Cities of Los Angeles County - Western Region

Mayor Candace Haggard
Cities of Orange County

Ms. Mee H. Lee
Senate Rules Committee Appointee

Mayor Ronald O. Loveridge
Cities of Riverside County

Councilman Leonard Paulitz
Cities of San Bernardino County

Councilwoman Nell Soto

Cities of Los Angeles County - Eastern Region

Supervisor S. Roy Wilson, Ed.D.
County of Riverside

Members Absent:

Supervisor Michael D. Antonovich
County of Los Angeles

Hugh Hewitt
Governor's Appointee

Supervisor James W. Silva
County of Orange

CALL TO ORDER

The meeting was called to order at 10:20 a.m. by Chairman Mikels.

Catherine Witherspoon, Legislative Director, reported that the purpose of the special meeting was to allow the Board to consider and adopt a position on Senate Bill 836 (Lewis), reactivated on February 20, which would repeal District Rule 2202. In addition, there were five other bills introduced on February 13 and 16 for which staff recommended the Board adopt positions. Ms. Witherspoon presented analyses of the bills as set forth below, and recommended that the Board adopt "oppose" positions on all six of the bills; except SB 1602, for which staff had no recommendation.

Legislative Director Catherine Witherspoon explained that a Special Board Meeting was necessary because SB 836 will be considered by the Legislature before the March 8 Board Meeting, and the remaining bills can only be influenced in the Senate early in the process.

(Mr. Braude arrived at 10:25 a.m.)

SB 836 (Lewis): Voids District Rule 2202, refunds Air Quality Investment Program funds to contributing employers, prohibits AQMD from adopting new employer-based trip reduction rules, and requires legislative authorization for indirect source rules adopted before January 1, 2000.

SB 1601 (Lewis): Freezes AQMD's operating budget at the Fiscal Year 1996-97 level, requires excess revenues to be submitted to the State General Fund, requires statutory authorization for new or adjusted fees, fines or other monetary charges, and undoes equity language in last year's Russell Bill (SB 962).

SB 1602 (Lewis): Decreases the size of the AQMD Governing Board from 12 to 9 members (4 appointees and 5 directly elected members, coinciding with gubernatorial elections) and adds a two-term limit (8 years). No recommendation. Staff deferred to the Board's judgment regarding the appropriate size, composition and service terms of the Board.

SB 1603 (Lewis): Removes indirect source mandates and authorities from air districts statewide, prohibits all agencies in the South Coast region from adopting indirect source measures, repeals Rule 2202 by default and requires proportional mobile/stationary control measures.

SB 1518 (Hurtt): Places all AQMD revenues in the State General Fund and requires legislative authorization for all AQMD expenditures. Takes effect July 1, 1997 and sunsets January 1, 2000.

In general, the Board opposed the bills as reversing the AQMD's progress in cleaning up the air to protect public health, as contrary to other mandates elsewhere in state law as well as federal law, and as an untenable usurpation of local control.

Public comment was presented by Curtis Coleman, representing the California Manufacturers Association, Southern California Air Quality Alliance and Jeb Stuart, representing the Construction Industry Air Quality Coalition, who indicated that they would be recommending to their alliance/coalition membership that they oppose SB 1601, SB 1602 and (Stuart only)
SB 1518. Mr. Stuart suggested, if the general feeling among industry is to oppose these bills, that AQMD organize a group of industry representatives, including small businesses, and coordinate presentations by them to the various committees of the legislature.

The Board voted to oppose each bill, as follows:

ON MOTION OF MR. PAULITZ, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Hewitt and Silva) ADOPTING AN "OPPOSE" POSITION ON SB 836 (LEWIS).

ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Hewitt and Silva) ADOPTING AN "OPPOSE" POSITION ON SB 1601 (LEWIS).

ON MOTION OF MS. LEE, SECONDED BY DR. BURKE, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Hewitt and Silva) ADOPTING AN "OPPOSE" POSITION ON SB 1602 (LEWIS).

ON MOTION OF MS. SOTO, SECONDED BY MS. LEE, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Hewitt and Silva) ADOPTING AN "OPPOSE" POSITION ON SB 1603 (LEWIS).

ON MOTION OF MS. LEE, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Hewitt and Silva) ADOPTING AN "OPPOSE" POSITION ON SB 1518 (HURTT).

ADJOURNMENT

The meeting was adjourned by Chairman Mikels at 11:20 a.m.

The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on February 23, 1996.

Respectfully Submitted,

SAUNDRA McDANIEL

Senior Deputy Clerk

Date Minutes Approved: _______________________

___________________________________________

Jon D. Mikels, Chairman

NOTE: A verbatim transcript of the February 23, 1996 special meeting is being prepared and a copy will be available in the AQMD Library for public review by March 1, 1996.