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REPORT:

Legislative Committee

SYNOPSIS:

The Legislative Committee considered agenda items including recommended positions on the following bills for which the Board will consider adopting positions:

AB 1368	(Villaraigosa)	-	Diesel Engine Replacement Program;
SB 1857	(Brulte)	-	Diesel Engine Replacement Program: Financing;
AB 1702	(Figueroa)	-	Transit Passes;
AB 2667	(Miller)	-	SCAQMD Plans;
SB 1643	(Hayden)	-	SCAQMD Compliance; and
SB 2077	(Mountjoy)	-	AQMD Board Member Personal Modes of Transportation

RECOMMENDED ACTION

Approve the legislative positions recommended below.

Richard Alarcón, Chairman
Legislative Committee

Attendance

Richard Alarcón, Chairman of the Legislative Committee, Jim Silva, Vice-Chair, and Committee members Nell Soto and Roy Wilson (by video conference) were present. Board members Wayne Nastri and Councilwoman Norma Glover were also in attendance and participated in Committee discussion, but did not vote. Committee member Michael Antonovich was absent. (Attachment 1)

Legislative Status Report

Staff provided the Committee with a Legislative Status Report (Attachment 2). Allan Lind, AQMD Legislative Representative in Sacramento, shared recent changes in legislative leadership with the Committee. In the Assembly, Don Perata has been named Assembly Majority Leader and Kevin Shelley as Majority Floor Leader. Bob Hertzberg also assumes a new role as Chair of the Assembly Rules Committee. In the Senate, Ross Johnson replaces Rob Hurtt as Republican Floor Leader. Jim Brulte has been named new Republican Caucus Chair.

Arnold Torres, AQMD Subcontractor for Legislative Representation in Sacramento, briefed the Committee on AB 278 (Escutia), Children’s Environmental Health Protection Act of 1997 (Attachment 3). The bill failed passage the last day of the 1997 session and is now in Conference Committee. Mr. Torres explained that there is concern on the part of the Administration regarding children’s health and although it is a tough issue to translate into legislation, the bill has set an interesting precedent in its broad coalition of support.

Supervisor Silva expressed concern with AB 278 and recommended the Committee consider changing its current position of Support to Neutral. The motion failed.
Councilwoman Soto requested that an analysis be prepared on AB 278 and brought back to the Committee for consideration at the next meeting. Mr. Lind added that Assemblywoman Escutia wants open dialog on this bill and desires to achieve consensus of all parties.

Mr. Lind briefed the Committee on Senator Byron Sher’s bill (SB 2198) which is now written to repeal an already obsolete provision in state law. Senator Sher is holding this bill as a vehicle to assist the AQMD with matters of concern that may not yet be identified. (Attachment 4)

Mr. Lind shared with the Committee the Planning and Conservation League’s Initiative that is currently still qualifying for signatures for the November ballot (Attachment 5). The Initiative would provide tax credits of $218 million a year for investments in vehicles and equipment to reduce air pollution throughout California. This item was brought to the Committee for information only. Councilman Alarcón requested staff bring this item back to the Committee in April with a position recommendation.

Mr. Lind briefed the Committee on two bills, AB 1776 (McClintock) and SB 1723 (Haynes), which, if passed, would abolish vehicle license fees (Attachment 6). Mr. Lind explained that these bills have no bearing on the AQMD fees currently being received and Assemblyman McClintock’s staff has made it clear that these bills do not affect the AQMD effort. Councilwoman Soto inquired on what would happen to AQMD’s clean fuel reauthorization effort if AB 1776 and SB 1723 passed. Mr. Lind responded that passage of these bills has no effect on the District’s reauthorization effort.

Councilman Alarcón expressed concern on how local jurisdictions spend AB 2766 monies and stated he would like to see local jurisdictions improve their use of these funds. Councilwoman Soto added that local governments need a better understanding of exactly what the monies can be used for. Mr. Lind responded that since Senator Sher was the author of AB 2766, staff could work with the Senator on this issue.

Update on AB 2194 (Washington)

Lupe Valdez, DEO/Public Affairs and Local Government Assistance, distributed informational packets on AB 2194 (Washington) to Committee members. The packets included a copy of the bill, draft resolution, informational fact sheets, a list of Assembly Transportation Committee members and a draft letter of support. Dr. Barry Wallerstein, Acting Executive Officer, added that the draft letter will be sent out to solicit support for AB 2194. Ms. Valdez added that the packet also includes an advertorial on AB 2194 that will be used for an upcoming Earth Day event in the San Gabriel Valley Tribune. (Attachment 7)

Ms. Valdez stated that AB 2194 could be heard in Assembly Transportation Committee as early as March 30. Other possible hearing dates are April 13 or 20. Staff is focusing on the April 13 date.

Mr. Lind stated that he is working to schedule meetings for Board members with legislators the week prior to the hearing date for AB 2194. Councilman Alarcón, Wayne Nastri and Councilwoman Soto all stated that they will be in Sacramento in the next few weeks and could meet with legislators.

Councilman Alarcón stated that he would like a sense of what Board members should be doing on behalf of AB 2194. Mr. Lind responded that the present goal is to solidify votes and to demystify confusion between the clean fuels program and the AB 2766 program. Councilman Alarcón asked that a more explicit strategy be developed to work on AB 2194 and that the Board receive a list of who supports/opposes the bill.

Wayne Nastri concurred with Councilman Alarcón and asked that a progress report on AB 2194 be forwarded to Board members, as well as periodic updates. Mr. Lind responded that the staff is making progress on this bill and co-authors are being sought. Many Democrats are interested in co-authoring; Republicans want to be approached after the bill clears the first policy committee. Councilwoman Soto asked if staff has contacted Assemblyman Fred Aguiar. Mr. Torres responded that Assemblyman Aguiar and Assemblyman Pacheco have been contacted but neither has committed to co-authorship.

Councilwoman Glover stated that the Orange County Business Council has endorsed
AB 2194.

Curt Coleman, representative for the California Manufacturers Association (CMA), commented that CMA supports AB 2194 and is committed to working with the AQMD to garner support. Mr. Coleman added that CMA’s lobbyist, Mr. Jot Condie, is willing to assist the AQMD on this bill.

Presentation by Allan Lind and Team on Work Plan for Sacramento Legislative Strategies for 1998

Mr. Lind briefed the Committee on his team approach for which he will serve as coordinator and will concentrate on principal legislation and fiscal affairs. Each member of the consulting team gave a brief description of their responsibilities. Michael Corbett explained that he will concentrate on matters of general interest and governance, such as open meeting laws, and will serve as liaison with the Governor’s office, local government agencies, leagues of cities, and the Department of Finance. Marco Firebaugh of Beltran, Leal and Medina explained that he will focus on local district issues, including ridesharing. Lastly, Arnold Torres of Torres & Torres explained that he will work on critical analyses and concentrate on environmental justice issues.

After the team’s presentations, Councilman Alarcón expressed concern that Committee members were not provided with a written work plan outlining specific strategies the consulting teams will utilize, and requested that Committee members receive a written "strategic plan," from both the Sacramento and Washington lobbying teams, in advance of the next meeting.

Presentation by Raul Tapia and Team on Work Plan for Washington Legislative Strategies for 1998

Raul Tapia, AQMD Legislative Representative in Washington, introduced himself as the Coordinator of the Washington consulting team. Other team members are John O’Donnell and John Montgomery. John Montgomery briefed the Committee on a strategy to have more money put into the EPA funding bill for the AQMD. Congressman Jerry Lewis, who is a representative from the district, is Chairman of the House Appropriations Committee where funding bills are heard. As Chair, Congressman Lewis determines what goes into the bill. Councilman Alarcón shared that in a meeting on March 19 with EPA, it was perceived that the AQMD is only eligible for 10% of the funding from EPA. Mr. Montgomery explained that the Appropriations Committee has the power to allocate funding beyond that allocation limit, and he is pursuing discussions toward that goal. In addition, Mr. Montgomery stated that a letter from the AQMD requesting additional funding should be sent to Congressman Lewis as soon as possible. John O’Donnell added that the same strategy should take place on the Senate side. Councilman Alarcón directed staff to work with the consulting team on the letters.

Mr. Tapia explained to Committee members that Easter break would be a good opportunity for Board members to meet with Congressional members on the Appropriations Committee, as well as others from the South Coast Basin. Mr. Tapia added that he is working to schedule a meeting for Board members to meet with Vice President Al Gore during the Vice President’s next visit to the Southland.

Dr. Wallerstein stated that AQMD staff distributed a resolution on outstanding issues with EPA during a recent meeting with a White House representative. Staff explained that a good working relationship with EPA is desired and that AQMD would appreciate further interaction to resolve outstanding issues. Councilwoman Glover added that the Home Rule Working Group is working on this issue and felt that in order to get EPA moving, approaching the White House would be a good approach, considering Vice President Gore is an advocate of making government more efficient.

Proposed Legislative Conference

Marguerite Archie-Hudson, AQMD Public Outreach Consultant, shared with Committee members an outline for a proposed AQMD legislative conference in Sacramento between May 15 and June 1. This timeframe has been targeted because policy committees shut down during this time but legislators stay in Sacramento to work on the budget. The purpose of the conference would be to establish a presence in Sacramento and demonstrate that the AQMD wants to develop a closer working relationship with the Legislature.

Ms. Archie-Hudson added that four of the six legislative leaders are from the South Coast Basin and the AQMD could seek to have them co-sponsor the event. Co-sponsorship would give additional credibility to the event and help organize a presence in Sacramento for the AQMD.

The Committee unanimously approved the concept of a legislative conference during the 1998 Legislative session and forwarded the recommendation to the Governing Board for consideration at their April 10, 1998, meeting.

Recommended Positions on Bills:

Staff provided analyses and recommendations on seven bills and provided a brief description of each bill. (Attachment 8)

• AB 1368 (Villaraigosa) and SB 1857 (Brulte), establish a new program to substantially reduce emissions of oxides of nitrogen primarily through incentives designed to introduce newer engines, electric motors and drives, and advanced technologies into on-road heavy-duty vehicles, off-road equipment, locomotives, diesel marine vessels, and stationary agricultural engines in California. AB 1368 defines the program, including grant eligibility criteria and administrative responsibilities; SB 1857 creates the funding mechanisms for the grants authorized in AB 1368. Dr. Wallerstein stated that these are important pieces of legislation being brought forward in a bi-partisan effort. The Legislative Committee concurred with staff’s Support and Sponsor recommendation.
• AB 1702 (Figueroa), reinstates tax credits for employer-subsidized public transit passes. The Legislative Committee concurred with staff’s Support recommendation.
• AB 2667 (Miller), requires AQMD to identify the universe of potentially-affected sources of any emissions to be affected by adoption, amendment, or repeal of a rule or regulation. Dr. Wallerstein explained that the control strategies outlined in AB 2667 would be difficult to implement in the AQMP. In addition, the bill would require, for all rules and regulations, that 50 percent of the affected sources be polled. This would have a dramatic economic effect. The Legislative Committee concurred with staff’s Oppose Unless Amended recommendation, with Supervisor Silva voting against the recommendation.
• SB 1643 (Hayden), requires AQMD to establish an enforcement program including specific inspection and monitoring requirements. The bill appropriates $1.8 million from the Air Pollution Control Fund to fund the enforcement program. Dr. Wallerstein stated that this bill would provide funding for additional inspectors which would enhance the AQMD’s overall enforcement program. The Legislative Committee concurred with staff’s Support recommendation, with Supervisor Silva voting against the recommendation.
• SB 1651 (Polanco), requires the Department of Consumer Affairs to test/certify gas-powered leaf blowers to ensure they meet a set noise standard and prohibits the sale of such blowers used for commercial purposes after 1/1/2000; it also establishes a trade-in program. Councilman Alarcón stated that this bill is currently written to address noise abatement issues, but Senator Polanco is open to amendments relating to air quality issues. The Legislative Committee deferred consideration of this bill and requested staff to work with Senator Polanco on air quality amendments to the bill.
• SB 2077 (Mountjoy), encourages AQMD Board members and others to drive not more than one private vehicle for every two immediate family members who possess driver’s licenses; it also eliminates their use of publicly owned fleet vehicles and requires quarterly reporting to the Assembly and Senate Transportation Committees on the public/private modes of transportation used. The Legislative Committee concurred with staff’s Oppose Unless Amended recommendation.

Other Business

Ms. Valdez reported that Senator Sher plans to hold an oversight hearing in April to consider policy issues with the EPA, ARB, AQMD, and Sacramento and Bay Area air districts. Staff is waiting to hear from the Senator’s office on a date for the hearing.

Public Comments

John Billheimer of The Reality Group submitted written comments to the Committee on various agenda items. (Attachment 9)

Ethnic Community Advisory Group

Attached for information are the Ethnic Community Advisory Group minutes for the February 11, 1998, meeting. (Attachment 10)

Attachments

  1. Attendance Roster

  2. Legislative Status Report

  3. AB 278 (Escutia) -- Children’s Environmental Health Protection Act of 1997

  4. SB 2198 (Sher) -- SCAQMD

  5. PCL Initiative

  6. AB 1776 (McClintock) and SB 1723 (Haynes) - Abolishment of Vehicle License Fees

  7. AB 2194 (Washington) - Clean Fuels Reauthorization

  8. Recommended Positions on Bills

  9. Public Comments by John Billheimer

10. Ethnic Community Advisory Group Minutes (February 11, 1998, meeting)

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