Back

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 1403 (Soto) -- SCAQMD: Public Notification
AB 1571 (Villaraigosa/Brulte) -- Diesel Engine Conversion
HR 11 (Bilbray) and S 266 (Feinstein) -- Reformulated Gasoline

RECOMMENDED ACTION

Approve the legislative positions recommended below.

Beatrice LaPisto-Kirtley, Chair
Legislative Committee

Attendance

The Legislative Committee met on March 19, 1999. Present were Committee Chair Beatrice LaPisto-Kirtley and Committee members Michael Antonovich and Roy Wilson (by video conference). Pursuant to the Procedures for Standing Committees of the Governing Board, adopted March 8, 1996, Dr. William Burke, AQMD Chair, and Norma Glover, AQMD Vice Chair, were appointed as ad hoc members of the Legislative Committee for the March 19, 1999, meeting only. (Dr. Burke participated by video conference.) (Attachment 1)

Washington Update

Raul Tapia, John Montgomery and John O'Donnell, AQMD Washington Legislative Representatives, were present at the meeting to provide the Committee with an update on the activities in Washington. Mr. Tapia reported that the team is continuing to secure $10 million in funding through the Clean Air Partnership Fund proposed in the President's FY 2000 budget proposal. This proposal is in the appropriations process and discussions are continuing with Congressmen Jerry Lewis and Julian Dixon and Congresswoman Lucille Roybal-Allard. Mr. O'Donnell added that there seems to be receptivity to the proposal.

Mr. Montgomery added that one of the advantages is that the AQMD has aggressive and fairly well funded programs and are doing more than any other air quality district in the country. Also, because of the severe designation the AQMD has a unique position in the federal clean air effort. A grassroots approach done in Southern California could bring up the level of concern and get Southern California congressional members to sign a letter of support for additional funding for the AQMD.

Mr. Tapia stated that Congressman Waxman's report has been getting attention in Southern California and some of the issues relating to children's health can be further developed as one of the elements in the AQMD's proposal. The key is to be able to tap into the resource of the AQMD Board and its network of relationships with congressional members to gain support for the AQMD's request.

Dr. Burke asked if minority caucuses in Washington still exist. Mr. Montgomery responded that there are still caucuses but they are not being recognized or funded. Dr. Burke asked if we looked to the caucuses for support of our program and added that he talked to a few members of the Black Caucus and they were not aware of the AQMD's Environmental Justice program. Dr. Burke stated they he would like to see a joint pilot program in the South Coast Air Basin with these caucuses and their communities. Mr. Tapia agreed that both the Hispanic and Black congressional caucuses can be resources and stated that he would double efforts with these caucuses.

Dr. Barry Wallerstein, Executive Officer, stated that the Governing Board, at their March 12 meeting, released the first six months of data from the MATES II study which reinforced and gave greater detail on some of the findings. The data also reinforced data from Congressman Waxman's study about higher toxic concentrations occurring in some of the inner city areas primarily due to motor vehicles. Much of the funding that the AQMD is seeking through this federal proposal is for things that would help to reduce the toxic levels in the inner city, as well as the rest of the basin. Dr. Wallerstein agreed that the AQMD should work with the minority caucuses on the toxic impacts and the need for new technologies to reduce toxic air contaminant levels.

Chair LaPisto-Kirtley stated that she plans to meet with the AQMD Washington Legislative Representatives and staff to discuss the development of an action plan to outline what needs to be done to help move this funding proposal along.

Lastly, Mr. Montgomery stated that talks are beginning on the Clean Air Act reauthorization. The current issue in the Senate is how to eliminate the lawsuit aspect of enforcing the Clean Air Act. There will be hearings this year, which the AQMD will be included in. The Senate is expecting a draft bill in 2000.

Legislative Update/Status Report

Allan Lind, Legislative Representative in Sacramento, provided an update on activities in Sacramento. (Attachment 2) Mr. Lind reported that the Senate clean fuels bill, SB 98 (Alarcón), passed out of the Senate Transportation Committee on Tuesday, March 16, with a vote of 8-1. Mr. Lind added that the success in Senate Transportation was truly a team effort of Board members and staff who traveled to Sacramento and met with members of the Senate Transportation Committee. There was also a tremendous listing of support from local governments and representatives of the business community, all which helped to get others in Sacramento to speak up on behalf of the AQMD in support of the legislation.

Dr. Burke asked for comments on Senator Hayden's initial reaction to SB 98, as well as Senator Murray's reaction, when the bill was first heard in Senate Transportation on March 2. Mr. Lind responded that Senator Hayden asked questions about how projects are selected, what entities are involved in the selection process and whether the program assures the public that the research projects are of the highest priority. Staff worked extensively with Senator Hayden and took some amendments that provide for establishing, in law, the existence of the Technology Advancement Office. The bill was also amended to establish a Technical Advisory Committee to assist in the selection of projects and to require a report to the Legislature with specified contents. The amendments are comparable to work that is currently being done under the clean fuels program, but they add more structure to the program. Mr. Lind added that Senator Murray's reaction to the bill was a follow up to Senator Hayden's interest. Senator Murray asked for more information on how projects are selected and his concerns were addressed in the amendments.

Supervisor Wilson asked who voted "No" on SB 98. Mr. Lind responded that the "No" vote came from Senator Monteith from the San Joaquin Valley area. Chair LaPisto-Kirtley stated that Senator Hayden was not present at the hearing on SB 98. Mr. Lind responded that Senator Hayden was not available at the time of the hearing on March 16. Also absent were Senator Kelley, who is a co-author on SB 98, and missed because of a family emergency, and Senator Morrow.

Mr. Lind reported that the Assembly clean fuels bill, AB 38 (Washington), will be heard in Assembly Transportation on Monday, March 22. Board members and staff have been meeting with Committee members and the outlook for AB 38 looks positive. (AB 38 passed out of Assembly Transportation Committee on March 22 with a vote of 11-5.)

Mr. Lind also reported that, per Board direction, he worked to find a bill for a legislative proposal that would increase from 10 to 30 days the time in which permit applicants could appeal permit denials from the Hearing Board. The Assembly Local Government Committee has incorporated this proposal into their Local Government Omnibus Act of 1999, AB 1679.

Mr. Lind added that staff has completed its inventory of all legislation in Sacramento that will have a bearing on the AQMD. The list contains 70 bills. There are two bills that are AQMD specific: 1) AB 1403 by Assembly Member Soto that would provide the AQMD with additional guidance on public notification with small businesses, and 2) SB 1195, by Senator Hayden, which would direct the AQMD to apply more research into PM2.5. In addition, Assembly Member Longville has a bill, AB 1401, that extends the review time by the AQMD Governing Board of the Mobile Source Air Pollution Reduction Review Committee's (MSRC) work plan from 60 to 90 days. Dr. Wallerstein stated that the AQMD would have no objection to the 90 days proposed in AB 1401. Mr. Lind added that he has met with Assembly Member Longville and he is supportive of the Clean Fuels program.

Lastly, Mr. Lind reported that staff brought to the Committee in February AB 71 (Cunneen), which would allow solo drivers of inherently low-emission vehicles to use carpool lanes and to have special license plates to make those vehicles recognizable. At that time the Committee directed staff to look into the policies of the Assembly and Senate Transportation Committees on hearing bills requiring new license plates. Staff learned that the Senate Transportation Committee does have a policy for the 1999-2000 session to decline to hear bills authorizing new license plates. (Attachment 3) Such a policy suggests a fatal outcome for Assembly Member Cunneen's bill should it continue to move and arrive before the Senate Transportation Committee in its current form. Mr. Lind added that there is no policy in the Assembly Transportation Committee, but the committee discourages authors from introducing such bills. Chair LaPisto-Kirtley stated that this is the reason AB 71 was not brought back to the Legislative Committee for consideration. It seems to be in conflict with the standing policy.

Dr. Burke suggested that staff meet with Senator Murray about the possibility of a waiver for this bill. Senator Murray was one of the legislators who developed the policy. Chair LaPisto-Kirtley added that she wants to also ensure that staff makes contact with the California Highway Patrol on whether enforcement of AB 71 is feasible.

Clean Fuels Local Government Outreach

Oscar Abarca, Intergovernmental Affairs Officer, gave a brief presentation to the Committee on the local government effort to gain support for authorization of the clean fuels program. (Attachment 4) Mr. Abarca reported that through outreach efforts in Los Angeles County, 59 letters of support have been sent in support of AB 38 and SB 98. These letters were from 51 cities in the county, as well as associations and councils of governments. There were also letters from three cities outside of Los Angeles County. In addition, through the efforts of Chair LaPisto-Kirtley, the legislative committee of the contract cities association, which represents 69 cities in Southern California, unanimously voted to make a recommendation to its general membership to support these two bills. The League of Cities legislative committee will also consider a recommendation on Wednesday, March 24.

Mr. Abarca also reported that letters to the mayors of cities in Los Angeles County, signed by Chair LaPisto-Kirtley and Board Member Bernson, will be mailed to those cities who have not yet responded. In addition, the local government office will follow-up outreach efforts with individual visits to the legislative district offices.

Chair LaPisto-Kirtley stated that her goal is to get all cities in all four counties, as well as all council of governments, to submit a letter of support. This is what has been done on the Los Angeles side. Supervisor Wilson noted stated similar efforts are being made in the Inland Empire by Larry Rhinehart.

Larry Rhinehart, Intergovernmental Affairs Officer, gave a brief presentation on his efforts in Orange and Inland Empire counties to get support for AB 38 and SB 98. (Attachment 5) Mr. Rhinehart reported that all the council of governments and transportation commissions in the three county area are in support. This represents support from every member city in all three counties. Staff is now following up to get letters directly from the cities. Mr. Rhinehart added that Sunline Transit strongly supports this effort. Sunline Transit is the first transit agency in the country that has converted their entire fleet to clean fuel vehicles and they lead this fight throughout the country.

Chair LaPisto-Kirtley stated that the Committee should commend Sunline Transit for doing such a fantastic job. Dr. Burke suggested that the AQMD should also seek support for the clean fuels program from the organizations working with the District on the Environmental Justice and Children's Initiatives.

AB 2766 Subvention Fund Board Outreach

Chair LaPisto-Kirtley reported that she is working with Mr. Abarca and the 61 cities she represents, as well as the council of governments, to ensure that each city is expending their
AB 2766 monies with measurable reductions in emissions. Of the 61 cities, 20 have not submitted reports or committed to expending their monies. Chair LaPisto-Kirtley also invited other Board members to work with Mr. Abarca and Mr. Rhinehart to ensure their respective cities expend their monies.

Draft Report to the Legislature and CARB on AQMD's Regulatory Activities for Calendar year 1998

A draft of the AQMD's SB 1928 Report to the Legislature on Regulatory Activities was provided to the Committee. Lupe Valdez, Deputy Executive Officer/Public Affairs and Transportation Programs, noted that the bulk of information contained in the report is a compilation of information previously reviewed by the Board. Dr. Wallerstein added that it is a standard annual report reviewing the activities of the AQMD. The Committee recommended that the report be forwarded to the Board for consideration at its April meeting. (This item is a separate agenda item on the April Governing Board agenda.)

Recommended Positions on Bills

Staff provided analyses and recommendations on four bills and provided a brief description of each bill. (Attachment 6)

• AB 1403 (Soto), requires the AQMD Board to convene a task force to review and update the District's database to ensure that affected small businesses in the South Coast Air Basin are included. In addition, establishes a Small Business Advisory Group to provide recommendations to the Board for public outreach, business assistance and rulemaking activities. The Legislative Committee concurred with staff's recommendation to Support with Clarification.

• AB 1571 (Villaraigosa/Brulte), creates the Carl Moyer Memorial Air Standards Attainment Program, which authorizes the ARB to make grants for the purchase of low-emission, heavy-duty engines for vehicles, equipment, vessels, and locomotives and allows delegation for administration of the program to the local apcds, aqmds and port authorities. Also creates a Trust Fund in the State Treasury to carry out the program. Ms. Valdez stated that this bill is a reintroduction of AB 1368 from 1998, which the District cosponsored. Staff believes, however, that clarification is need in AB 1571 with regard to administration of the program. The Legislative Committee concurred with staff's recommendation to Support with Clarification.

• HR 11 (Bilbray) & S 266 (Feinstein), amends the federal Clean Air Act to permit the exclusive application of California state regulations regarding reformulated gas in certain areas within the state. Ms. Valdez stated that the Board sent letters of support on identical bills in 1998. The Legislative Committee concurred with staff's recommendation to Support.
  
  Supervisor Antonovich stated that there are three bills in the State Legislature dealing with MTBE -- Senate Bills 989, 272 and Assembly Bill 129 -- and asked when these bills would be before the Committee for consideration. Ms. Valdez responded that staff would bring these bills to the Committee in April. Staff also provided an analysis and recommendation on one additional bill. However, the Committee deferred this bill to the April 23 meeting. A brief description of the bill and Committee discussion is listed below.

• SB 115 (Solis), requires the state's CEQA guidelines to address environmental justice -- namely, disproportionate impacts on minority and low-income populations -- by the year 2001. This bill is a reintroduction of SB 1113 (Solis, 1997), which was vetoed by Governor Wilson. The Legislative Committee, at their February 19 meeting, deferred a recommendation on SB 115 and directed staff to look into whether the County Supervisors Association of California (CSAC) and the California League of Cities have a position on this bill.
  
  Ms. Valdez reported that since the February meeting, SB 115 has been amended to add coordination with Executive Order 12898 and with U.S. EPA. Ms. Valdez added that the California League of Cities, as well as CSAC, have not taken a position on SB 115. Also, both organizations did not take a position on the previous version of the bill, SB 1113 from 1997.
  
  Chair LaPisto-Kirtley stated her concern that the League has not taken a position on this bill and that the League may be watching the bill until it goes to policy committee. At this time there is not a lot of local government input on this bill. Supervisor Wilson recommended that the Committee defer action on this bill until April. The Legislative Committee concurred with Supervisor Wilson's recommendation and deferred SB 115 to the April 23 Legislative Committee meeting.

Public Comment/Other Business
No public comment/other business.

Ethnic Community Advisory Group
Attached for information is the Ethnic Community Advisory Group minutes for the February 10, 1999, meeting. (Attachment 7)

Attachments

1. Attendance Roster
2. Legislative Status Report
3. Senate Transportation Committee Policy
4. Local Government Outreach -- Los Angeles County
5. Local Government Outreach -- Orange and Inland Empire Counties
6. Recommended Positions on Bills
7. Ethnic Community Advisory Group Minutes (February 10, 1999)

/ / /