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PROPOSAL:

Discussion of SB 432 (Lewis) to Reach Consensus on Board Position

SYNOPSIS:

Based on the evaluation of voluntary ridesharing, SB 836 (Lewis) requires exempted employer worksites with 100 to 249 employees to be brought back into Rule 2202 - On-Road Motor Vehicle Mitigation Options no later than June 1, 1998. At its March meeting, the Board directed staff to seek advice and direction from the state legislature regarding implementation of SB 836 requirements. In the meantime, SB 432 has been amended to require the permanent exemption of employer worksites with 100 to 249 employees from Rule 2202 compliance.

COMMITTEE:

Legislative Committee, April 24, 1998, Recommended for Discussion at May Governing Board meeting.

RECOMMENDED ACTION:

Establish a position on SB 432.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

As required by SB 836 (Lewis), the study to assess the effectiveness of voluntary ridesharing and other Rule 2202 replacement measures was completed and released to the public on March 18, 1998. The study results show that the air quality benefit produced by the voluntary efforts of deregulated employers and other measures was not equivalent to what had been expected had these deregulated worksites of 100-249 employees continued to be subject to Rule 2202. As stipulated in SB 836 (Lewis), failure to meet emission reduction equivalency requires these employers to be brought back into Rule 2202, no later than June 1, 1998. Rule 2202, as currently in existence, automatically brings these employers back into Rule 2202 no later than June 1, 1998.

At its March 13, 1998 Meeting, the Governing Board directed staff to seek advice and direction from the State Legislature regarding the responsibilities of the AQMD about the implementation requirements of SB 836. Senator Lewis has responded to the staff request in his April 23, 1998, letter addressed to Chairman Burke. A copy of this letter and the current bill are attached. No other legislators responded.

While in his letter Senator Lewis mentions his concerns with the methods and conclusions of the study, his major concern is with the financial impacts that Rule 2202 can have on these employers if they were to be regulated again. As a result, the Senator has amended SB 432 specifically to exempt employer worksites with 100-249 employees from Rule 2202 permanently. He also has requested the support of the AQMD Governing Board in maintaining the employee threshold at 250.

At its April 24 meeting, the Legislative Committee discussed Senator's Lewis request, and recommended this item to be discussed at the May 8 Board meeting. In addition, the Legislative Committee expressed concern regarding the $1.5 million that the AQMD provides to the Regional Transportation Agencies Coalition annually as required by SB 836. The Committee expressed interest in approaching Senator Lewis on this subject. Senator Lewis has indicated a willingness to relieve AQMD from this obligation as part of SB432.

If SB 432 were to pass, important issues to be addressed are the emission reduction shortfall resulting from the permanent exemption of smaller employer worksites from Rule 2202 and any implication relative to federal Clean Air Act compliance. Staff will make a brief presentation on these issues at the May Board meeting and suggest several approaches for Board consideration.

Attachments

1. Letter from Senator Lewis

2. Senate Bill 432

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