BOARD MEETING DATE: May 9, 1997 AGENDA NO: 28


Report:

Legislative Committee

Synopsis:

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

The Board will consider adopting positions on these bills.

Recommended Action:

Approve the legislative positions recommended below.

Dr. Roy Wilson, Vice Chairman
Legislative Committee

Attendance

Roy Wilson, Vice Chairman of the Legislative Committee and Committee members Nell Soto, Cody Cluff and Jim Silva were present. Noting the absence of William Burke and Michael Antonovich, AQMD Chairman Jon Mikels appointed himself as an ad hoc member for the Legislative Committee’s April 18, 1997, meeting only. (Attachment 1).

Legislative Status Report:

Staff updated the committee on the status of SB 476, AQMD’s bill to extend funding for the Technology Advancement Office. The bill failed in the Senate Transportation Committee on a 2-6 vote, despite substantial support and no testimony in opposition. As staff explained, that was primarily because Committee Chairman, Quentin Kopp (I-San Francisco), insisted that the $1 TAO fee be taken from cities existing portion of AB 2766 funds. AQMD refused that amendment and the bill failed. Fortunately, TAO’s funding does not expire until August 1, 1999, giving the District another full year to seek reauthorization. A status report of all other legislation being tracked by the District is included as Attachment 2.

Recommended Positions on Bills:

Staff provided analyses and recommendations on ten bills (Attachment 3) and provided a brief description of each bill.

• AB 57 (Escutia), as recently amended, now creates a state-backed loan program for low-income vehicle repairs rather than diverting AQMD’s AB 2766 funds.

• AB 171(Cunneen) reinstates tax credits for employer-subsidized public transit passes. AQMD supported a similar Cunneen bill last year.

• AB 613 (Margett) accelerates property depreciation for computer equipment used by telecommuters, thereby increasing available tax credits.

• AB 1368 (Villaraigosa) creates a $100 million state funding source to finance motor vehicle, locomotive and marine vessel emission reduction projects.

• SB 1096 (Brulte) provides tax credits to incentivize low-emitting trucks and related fueling stations.

• SB 1306 (Sher) directs CARB to undertake a comprehensive research program for particulate matter and appropriates funds for that purpose.

• SB 431 (Costa) would allow the governing boards of local air districts to use video teleconferencing for any purpose in a public meeting.

• AB 1376 (Baugh) exempts retailers from selling noncompliant consumer products unless they "knowingly" sold the products.

• SB 647 (Brulte) modifies enforcement statutes dealing with "minor violations."

• AB 375 (Firestone) encourages increased commercial use of waste tires to reduce stockpiles, fire hazards and burdens on landfills.

The Committee approved staff’s recommended positions on these bills with the following exceptions.

Staff reported that AB 57 (Escutia) had been amended in response to District concerns and no longer diverted AB 2766 money toward smog check repairs. Accordingly, staff recommended a support position. Board member Silva was concerned about AQMD taking a position before the Governor announces his position on Smog Check funding. The Committee concurred and continued with the Watch position previously approved by the Board.

Staff reported that SB 647 (Brulte) dealing with minor violation penalties was pulled by the author and will not be pursued this year. Therefore, the recommended Oppose position is not necessary and was not adopted by the Committee.

Supervisor Silva expressed concern about the crude oil fee in AB 1368 (Villaraigosa) and its potential effect on California’s economy. In response, Committee members agreed to soften the recommendation to Support in Concept, leaving open the possibility of other funding sources. However, there was strong agreement that mobile source emission reduction measures are a vital part of AQMD’s attainment plan and will have to be accomplished somehow.

Several Committee members were concerned by SB 431 (Costa) allowing public meetings to take place by video teleconference. Staff had recommended Support in deference to the San Joaquin Valley air district’s sponsorship of the bill. Chairman Mikels noted that AQMD had tried video teleconferencing before with poor results. Other committee members stressed the need for face-to-face communications. Supervisor Wilson noted the positive reliance on advanced technologies and the potential for significant emission reductions. After significant discussion, the Committee recommended an Oppose position on the bill.

Committee members endorsed the following positions on the remaining bills with Board Member Silva opposing AB 1368 (Villaraigosa) and SB 1306 (Sher).

Bill/Title Recommended Position
AB 57 (Escutia) Smog Check, Vehicle Repair Loans Watch
AB 171 (Cunneen)Transit Pass Tax Credits Support
AB 613 (Margett)Telecommuting Tax Credits Support
AB 1368 (Villaraigosa)NOx Control/State Funded Support in Concept
SB 1096 (Brulte) Low Emission Trucks/Stations Support
SB 1306 (Sher)Particulate Matter Research Act Support w/Amendments
SB 431 (Costa)Air Districts, Video Teleconferencing Oppose
AB 1376 (Baugh)Consumer Products, Enforcement Oppose
AB 375 (Firestone)Tire Recycling, Combustion Neutral

Other Business

Staff requested and received a two-thirds vote to consider a revised position on a bill that was amended after the Legislative Committee package had been mailed and which was scheduled for hearing Monday, April 21. Specifically, staff reported that AB 1061 (Machado), which originally would have constrained local rulemaking, had been substantially amended. The new bill requires only that AQMD "note" other regulations affecting the same sources. Staff recommended and the Committee agreed to change its position on AB 1061 from Oppose Unless Amended to Neutral.

Public Comments: There were no public comments.

Attachments

1. Attendance Record
2. Legislative Status Report
3. Recommended Positions on Bills

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