BOARD MEETING DATE: September 12, 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.

Richard Alarcón, Chairman
Legislative Committee

Attendance

Richard Alarcón, Chairman of the Legislative Committee, and Committee members James Silva (Vice Chair) and Nell Soto were present. Absent were Committee members Michael Antonovich and Roy Wilson. (Attachment 1)

Status of 1997 Legislation

A summary list was provided. (Attachment 2) Chairman Alarcón inquired what could be done about bills expected to pass that the District still opposes. Staff explained that AQMD could seek gubernatorial vetoes as a last resort, but changing the Legislature’s views on certain issues was unlikely. Specific bills discussed were AB 999 (Thomson) exempting the Hemet/Temecula area from Smog Check II program enhancements, SB 230 (Alpert) postponing emission standards for disinfectants, and AB 292 (Floyd) prohibiting air quality inspectors from climbing atop gasoline tanker trucks.

Report on Remaining Issues

Staff reported on outstanding issues for this session (Attachment 3). Most concern mobile sources; namely, smog check reform, diesel emissions and the use of MTBE in gasoline. Two stationary source-related measures supported by the District are also being debated: children’s environmental health standards (AB 278, Escutia) and environmental justice review under CEQA (SB 1113, Solis). Councilman Alarcón inquired about the opposition to AB 278. Staff responded that industry is primarily concerned with the source reduction requirements. The Wilson Administration has similar concerns and believes state environmental standards are sufficiently protective. Assemblymember Escutia has amended her bill to lessen opposition and is weighing more adjustments.

Recommended Positions on Bills

Staff provided analyses and recommendations on six bills (Attachment 4) and provided a brief description of each bill.

Recommended

Bill/Title                 Position

SB 451 (Watson)    - Land Use: Environmental Equity Support in Concept

SB 230 (Alpert)      - Disinfectants: Emission Controls Neutral

AB 466 (Campbell) - HOT Lanes: Pilot Program Support

AB 1492 (Baugh)    - Smog Check: Program Reforms Neutral

AB 57 (Escutia)       - Smog Check: Repair Subsidies Support in Concept

AB 208 (Migden)     - Smog Check: Repair Funding Support in Concept

(Note: After the Legislative Committee meeting, the Governor’s repair subsidy proposal was incorporated into AB 57 and AB 208. The amended versions of each bill are attached.)

• SB 451 (Watson) requires general plans to address the placement of hazardous material use, handling and storage facilities to avoid disproportionate effects on schools and residential communities. Councilwoman Nell Soto expressed support for the bill, stating it was an important issue for AQMD. Supervisor Jim Silva expressed concern about increased litigation and inquired whether the League of Cities or the County Supervisors’ Association of California (CSAC) were in support. Ms. Fredrika Moore with the State Bar commented that CSAC and the League were both involved but had not taken official positions. Ms. Moore (the bill’s sponsor) also submitted a letter to the Committee urging support for SB 451. (Attachment 5) Councilman Alarcón inquired whether a decision was needed at this date. Staff responded the hearing was on August 26, but that the Committee could take more time and consider environmental justice from a wider perspective. The possibility of a Governor’s veto was discussed. Ultimately, the Committee voted unanimously to change the recommended position from Support to Support in Concept.

• SB 230 (Alpert) originally exempted disinfectants from CARB’s consumer product rules. Recent amendments postpone the regulations to 2003 instead. Staff reported that CARB has removed its opposition based on this change. The Committee concurred with staff’s recommendation to likewise change AQMD’s current Oppose position to Neutral.

• AB 466 (Campbell) authorizes Orange County to do a HOT lane demonstration project on Route 91, whereby single-occupant cars could pay a toll to enter high-occupancy vehicle lanes. Staff reported that the author agreed to include the District’s proposed amendment for pre- and post-project evaluations. Given that change, staff recommended that the District’s position shift from Support with Amendments to Support, which the Committee endorsed. Councilwoman Soto expressed concern about the proposed 3.0 occupancy requirement on Route 91, noting it is difficult to find more than one rideshare passenger. Councilman Alarcón raised separate issues about congestion and efficient use of highways. Staff was asked to keep Board members informed of all developments in this subject area.

• AB 1492 (Baugh) modifies the Smog Check II program negotiated with U.S. EPA and approved by the State Legislature in 1994. The bill contains new exemptions (e.g., cars less than 5 years old) and tax credits. Emission losses are offset by the Migden and Escutia subsidy bills. Most of the provisions in Baugh’s bill were written by the Wilson Administration, but there were a few sticking points that might be opposed by the Governor. Because negotiations were in flux, staff recommended, and the Legislative Committee concurred with, a Neutral position.

• AB 57 (Escutia) creates a commercial lending program for smog check auto repair assistance. AB 208 (Migden) creates funding for that purpose. At the time of the Committee meeting, both of these bills were being merged with the Governor’s own subsidy proposal. The latter would essentially create a $4-6 million pilot effort followed by $20 million/year program. Supervisor Silva requested the latest language as soon as it became available. The Committee then concurred with staff’s Support in Concept recommendation. (Note: Since the Legislative Committee’s August 22 meeting, the Governor’s subsidy proposal was incorporated into AB 57 and AB 208. Amended versions of both bills are attached.)

Cal/EPA: External Peer Review

A budget trailer bill for Cal/EPA has significantly changed the state’s regulatory process. Starting January 1, 1998, external scientific review will be required for any rule or regulation proposed by any department within Cal/EPA, including the Air Resources Board. An analysis of this bill, signed into law August 18, 1997, was provided for the Committee’s information. (Attachment 6)

Other Business

Councilman Richard Alarcón expressed concern with respect to the lack of District representation in Washington, D.C., and asked how staff proposes to address this issue. Staff will report back at the September 19 Legislative Committee meeting with an assessment of how the District could modify its advocacy program.

Catherine Witherspoon reported that the District is occasionally asked by the national air administrators association, STAPPA/ALAPCO, to support funding for the U.S. EPA that will be passed through to states or local agencies. Ordinarily, such letters are signed by the Executive Officer. A draft letter for pending federal appropriations was distributed for the Committee’s information. (Attachment 7)

Public Comments

Small Business Coalition representative John Billheimer suggested that when notices are mailed to residences located near schools that information on emissions from the school also be reported. The Legislative Committee directed staff to come back with a recommendation on this issue.

Ethnic Community Advisory Group

Attached for your information are the Ethnic Community Advisory Group minutes for the July 9, 1997, meeting. (Attachment 8 )

Attachments

1. Attendance Record

2. Legislative Status Report

3. Synopsis of Remaining Issues

4. Recommended Positions on Bills

5. State Bar of California SB 451 Position Letter

6. SB 1320 Analysis and Bill

7. Letter on Appropriations for U.S. EPA

8. Ethnic Community Advisory Group (July 9, 1997, minutes)

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This page updated: July 21, 2010
URL: http://www.aqmd.gov/hb/1997/970928a.html