Report:
Legislative Committee
Synopsis:
The Legislative Committee held its regular meeting on Friday, October 18, 1996. The next Legislative Committee meeting is Friday, November 22, 1996 at 8:30 a.m. in Conference Room CC8.
Recommended Action
Receive and file.
Dr. William Burke, Chairman
Legislative Committee
Attendance
Present were Legislative Committee Vice-Chair Roy Wilson, Governing Board Chairman Jon Mikels and Board Member Jim Silva. In the absence of Committee Chair Dr. William Burke and Committee members Michael Antonovich and Nell Soto, and pursuant to the Procedures for Standing Committees of the Governing Board, adopted March 8, 1996, Chairman Mikels appointed himself to the Committee for the October 18, 1996, meeting only. Attachment 1 is an attendance record.
Summary of AQMD Impacts from New Laws
Staff provided a summary of the impact of 1996 legislation on AQMD programs (Attachment 2). In the area of enforcement, staff reported that AB 2937 (Brulte) will require rulemaking to formally define "minor" vs. "major" violations. There is no timeline specified in the law, but work to comply is already underway. Some modifications will also be needed in the areas of Title V permits and planning cycles. AB 1849 (Sher) puts new restrictions on the state board’s consumer product authority. Staff indicated there was the potential of a shortfall in the state implementation plan if emission reductions from these products can not be made up elsewhere. Chairman Mikels asked what authority AQMD has over consumer products. Executive Officer Jim Lents responded that AQMD has concurrent authority over all consumer products, except for aerosol paints and adhesives. To date, however, AQMD has relied on CARB to adopt state standards for most consumer products. This approach may need to be revisited.
Update on Interim Hearings
Staff updated the Committee on the interim hearings scheduled in the next few months (Attachment 3) The Assembly Transportation and Natural Resources Committees held two hearings in Sacramento and Arcadia on Smog Check II. There is much bipartisan concern over the program and its ability to identify gross polluters. Senator Mountjoy has called for a special session of the Legislature prior to November 5 to deal with the issue. The Senate Transportation Committee will have a separate hearing on November 12. The AQMD was asked to testify at the Arcadia hearing on the importance of Smog Check II to this region.
The hearing on AQMD’s PM10 attainment plan is scheduled for October 28 and will be conducted by the Senate Natural Resources Committee chaired by Senator Hayden. It is expected to run from 9:30 a.m. to 2 p.m. There will be three individual panels consisting of scientists, former AQMD Advisory Council Members and AQMD staff.
Reformulated gas will be the subject of a December 4 hearing by the Assembly Transportation Committee following complaints regarding tractors and utility equipment problems. A hearing on the ban on freon will be held by the Assembly Environmental Safety and Toxics Committee on December 10. It is expected that the Assembly Transportation Committee will hold a hearing sometime in January in San Diego on the mobile elements of the state implementation plan.
1997 Proposed Legislation for Continued PM10 Mitigation
AB 2358 (Sher, 1994) gave cities the authority to lower speed limits on unpaved roads as a method of reducing PM10 emissions. That authority sunsets on January 1, 1997. The Legislative Committee concurred with staff’s proposal to sponsor an urgency bill to extend this authority (Attachment 4). Staff will seek co-sponsors and an author to carry this bill before the session begins. Staff is evaluating the need for Legislation in other areas and will report back to the Committee should that need arise.
Other Business/Public Comment
Public member John Billheimer asked that mountain communities over 4,000 feet be exempted from AQMD’s proposed Rule 1113 for architectural coatings. Staff replied that due to problems with the waterborne coatings, these areas will not be subject to the rule. Curt Coleman, representing the California Manufacturers Association’s Southern California Alliance, said they had concerns about SB 836 (Lewis) and the membership of the Regional Transportation Agencies Coalition. He told the Legislative Committee that the sponsor of SB 836 will submit clean-up language to the bill if needed in the next session.
Ethnic Community Advisory Committee
Attached for your information is the Ethnic Community Advisory Council minutes for the September 11, 1996, meeting (Attachment 5).
1. Attendance Record
2. Impact of New Laws
3. Interim Hearing Schedule
4. Proposed Legislation for Continued PM10 Mitigation
5. Ethnic Community Advisory Committee Minutes