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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:

SB 1203 (Hayden) - Airport Expansion
SB 1247 (Hayden) - PM2.5 Reporting

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 Michael Antonovich, Nell Soto, and Roy Wilson were present. Pursuant to the Procedures for Standing Committees of the Governing Board, adopted March 8, 1996, Vice-Chair Silva appointed Board Member Wayne Nastri as an ad hoc member of the Legislative Committee for the February 20, 1998, meeting only. (Attachment 1)

Legislative Status Report

Staff provided the Committee with a Legislative Status Report (Attachment 2) which included two-year bills, as well as newly-introduced bills which staff will analyze and bring to the Committee at future meetings. Also included was a list of bills that died because they missed the January 30, 1998, deadline for bills introduced in 1997 to pass out of the house of origin in the Legislature. Staff added that AB 278, listed on the inactive bill list, is not dead but instead will be heard in Conference Committee the week of February 23.

Lupe Valdez, DEO/Public Affairs and Local Government Assistance, distributed copies of a Sacramento Bee article regarding a new bill (AB 1776) introduced by Assembly Member Tom McClintock which, if passed, will remove all vehicle license fees. Ms. Valdez noted that there is a similar bill in the Senate (SB 1723 - Haynes). (Attachment 3)

Consultant Legislative Update/Statement of Work

Allan Lind, AQMD Legislative Representative in Sacramento, briefed the Committee on his draft workplan for his lobbying team, which includes Michael Corbett & Associates, Beltran, Leal & Medina, and Torres & Torres. Mr. Lind also gave a brief summary of legislative activities in Sacramento, specifically noting that February 20 is the last day to introduce new bills, but rule waivers could extend bill introductions through February 23. Key issues currently before the Legislature are new leadership roles, the Governor’s budget, and bond issues.

The Committee briefly reviewed Mr. Lind’s Statement of Work. Supervisor Antonovich requested that "AB 2766 Program Funding" be added under Areas of Special Concern. In addition, Councilman Alarcón requested that "Alternative Funding for AQMD Programs" also be added to this same area of the workplan. (Attachment 4)

Executive Summary for Report to the Legislature and Air Resources Board on the District’s Regulatory Activities for Calendar Year 1997

An executive summary of AQMD’s SB 1928 Report to the Legislature was provided to the Committee. Staff noted that the bulk of information contained in the report is simply a compilation of information previously reviewed by the Board. The entire report will be forwarded to the Board for consideration at its March meeting. (Attachment 5).

Update on Clean Fuels Reauthorization

Ms. Valdez informed the Committee that staff is currently waiting for a number for the Clean Fuels Reauthorization bill, which is being authored by Assembly Member Carl Washington. [Since the Committee meeting staff learned that the bill number is AB 2194 and have included here as Attachment 6.] Also, Mr. Lind will coordinate with Chung Liu, Assistant DEO/Technology Advancement, on a three-prong approach to this bill. This approach will include involving Board Members in meeting with legislators to secure co-authors, building momentum for the bill and working with the League of Cities on resolutions in support of the bill. Councilwoman Soto asked if the AQMD should approach Senator John Burton as a co-author since he is against the removal of vehicle license fees. Dr. Barry Wallerstein, Acting Executive Officer, responded that it is staff’s intent to have Board Members travel to Sacramento to assist with securing co-authors and to have Board Members Nastri, Silva and Glover work with the Orange County legislative delegation.

Councilman Alarcón inquired as to the AQMD’s share of the vehicle license fees. Mr. Lind responded that there is $1 fee imposed for clean fuel technology and a $4 fee which goes into the AB 2766 account. Mr. Nastri asked if there is a chart explaining the individual accounts the vehicle license fees go into, what those fees are used for and how much all these fees add up to. Mr. Lind responded that there is a similar chart included with vehicle registration fee renewals.

Councilman Alarcón shared his concern regarding the time it took to secure an author and added that care should be given to take a strategic approach regarding AQMD-related fees, especially during a year where many are looking to reduce fees.

Recommended Positions on Bills:

Staff provided analyses and recommendations on two bills (Attachment 7). A brief description of each bill is provided below.

• SB 1203 (Hayden), requires the Chairman of the South Coast District Board to convene an advisory committee on air quality impacts from airport expansion.

• SB 1247 (Hayden), requires the South Coast AQMD to add PM2.5 to current forecasting, reporting and notification of pollutant levels to media and schools; to amend the 1997 AQMP by 1/1/2000 and include in subsequent plans provisions to achieve compliance with the federal ambient air standard for PM2.5; and requires South Coast AQMD Advisory Council to report annually on the number of deaths caused by particulate matter.

Councilman Alarcón commented that he had no objections to the way SB 1203 is currently written, but would like to see Board discretion to convene advisory groups for other airport expansions, as well as LAX. The Committee approved staff’s recommended position of Support with Amendments on SB 1203 and directed staff to work with the author on an additional amendment to include other airport expansion projects in the bill.

Supervisor Silva questioned the difference between SB 1247 and last year’s SB 1306 (Sher), which the Governor vetoed stating that the bill duplicated work ARB was already funded to do. Supervisor Silva asked that the AQMD not seek amendments which would duplicate work ARB is doing. Dr. Wallerstein responded that he would meet with Mike Kinney at ARB to discuss the reporting requirements in SB 1247. The Committee approved staff’s recommended position of Support with Amendments.

Please see Attachment 7 for analyses of bills, which include recommended positions and suggested amendments.

Committee members endorsed the following positions:

Bill/Title	Recommended Position
SB 1203 (Hayden) - Airport Expansion	Support with Amendments
SB 1247 (Hayden) - PM2.5 Reporting	Support with Amendments

Other Business

Councilmember Soto inquired as to the status of AB 1368 (Villaraigosa), which creates the California Air Quality and Energy Efficiency Program. Dr. Wallerstein responded that there are number of parties working on amendments to this bill which would provide $50 million in funding for a 3-year period. Staff will bring AB 1368 to the Committee at its next meeting.

Ms. Valdez informed Committee members that both Sacramento and Washington legislative representatives will attend the next Committee meeting to discuss priority legislative issues with Committee members. Dr. Wallerstein added that OCTA Director Lisa Mills has asked for the AQMD’s support in securing matching funds through NEXTEA for transit funds and that this may be an area that the AQMD’s Washington legislative representative could assist with. Councilman Alarcón asked that at the next meeting the Committee discuss with Sacramento and Washington legislative representatives strategies for gaining additional funds for the AQMD.

Public Comments

Alan Bowser of the Automobile Association of America asked what the AQMD’s process would be in adopting new PM standards if SB 1247 fails and if this bill would help. Staff responded that the AQMD is seeking an amendment to the bill to change the plan revision date in the bill to the date now required by state law of December 31, 2000, for the next AQMP update. Councilman Alarcón added that the effect of this bill may be the reaction of the public on the posting of statistics on deaths related to particulate matter.

Ethnic Community Advisory Group

Attached for your information are the Ethnic Community Advisory Group minutes for the January 14, 1998, meeting. (Attachment 8)

Attachments

1. Attendance Roster

2. Legislative Status Report

3. Sacramento Bee article on AB 1776 (McClintock)

4. Statement of Work for Allan Lind & Associates

5. SB 1928 Report Executive Summary

6. AB 2194 (Washington) - Clean Fuels Reauthorization

7. Recommended Positions on Bills

8. Ethnic Community Advisory Group minutes (January 14, 1998, meeting)

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