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REPORT:

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, December 18, 1998. The next Legislative Committee meeting is scheduled for Friday, January 22, 1999, at 8:30 a.m., in Conference Room CC8.

RECOMMENDED ACTION

Receive and file.

Beatrice LaPisto-Kirtley, Chair
Legislative Committee

Attendance

The Legislative Committee met on December 18, 1998. Present were Committee Chair Beatrice LaPisto-Kirtley, Vice Chair James Silva, and Committee member Roy Wilson (by video conference). (Attachment 1)

Washington Update

Raul Tapia and John O'Donnell, Legislative Representatives in Washington, DC, briefed the Committee by teleconference on activities in Washington. Mr. O'Donnell reported that a Business Environmental Concept paper was prepared in conjunction with AQMD staff and is being given to the Council on Environmental Quality for consideration. A follow-up meeting on the paper is being planned. Mr. O'Donnell added that conversations are also ongoing with David Anderson, staff to Congressman Jim Walsh who is the new Chair of the VA, HUD, and Appropriations Subcommittee. Congressman Walsh replaces Congressman Jerry Lewis. Meetings on the paper are also being scheduled for January with staff members of the Senate Appropriations subcommittee.

Chair LaPisto-Kirtley requested a copy of the paper referred to by Mr. O'Donnell. Mr. O'Donnell will forward a copy of the paper and briefly summarized the paper for the committee. He explained that now-Senator Richard Alarcón and AQMD staff developed a paper on mitigating adverse impacts of regulations on communities and businesses, and promoting environmentally sound economic development. The paper addresses how local districts such as the AQMD could facilitate businesses in complying with regulations and also what role Congress and the Administration could play. The paper also addresses the possibility of funding for technology advancement projects. Chair LaPisto-Kirtley inquired about whether the paper considers going to businesses directly to find out how the AQMD could be more user-friendly or does it consider hiring consultants to do a survey. Mr. O'Donnell responded that the paper considers direct communication with businesses.

Mr. O'Donnell concluded by stating that Barry E. Hill, former official in the Interior Department, has been named the new director of the Environmental Protection Agency's Office of Environmental Justice. A meeting with Mr. Hill has been requested to discuss AQMD interests.

Sacramento Update

Allan Lind, Legislative Representative in Sacramento, provided an update on activities in Sacramento. Mr. Lind reported on the new Governor-elect Davis appointments. The most recent appointments are: Mary Nichols as Secretary of the Resources Agency; Vic Fazio (former Congressman) as head of the Governor's office in Washington; Dario Frommer as the Governor's appointment advisor; and Tim Gage as Director of Finance. Governor-elect Davis has yet to make appointments to CalEPA and ARB. In total, the Governor's office has approximately 3600 appointments to make.

Mr. Lind added that the Legislature is also busy. Both the Assembly and Senate have announced chairs of all the respective committees, but the full membership of committees will probably be announced in January. Some committee chair appointments are Senator Betty Karnette as Chair of the Transportation Committee, with Senator Joe Dunn as Vice Chair. Senator Tom Hayden will continue as chair of the Natural Resources Committee and Senator Byron Sher will continue as chair of the Environmental Quality Committee. In the Assembly, Tom Torlakson has been named Chair of the Transportation Committee, Howard Wayne as chair of the Natural Resources Committee and Hanna-Beth Jackson as chair of the Environmental Safety Committee.

Mr. Lind concluded that over 200 bills have already been introduced for the 1999-2000 Legislative session. Approximately 3000 bills will be introduced by the end of February and the AQMD expects to monitor 40-50 bills. At the October 1998 Legislative Committee meeting, the Committee approved four state legislative concepts for 1999, the first of which was reauthorization of the AQMD's Clean Fuels program. Two bills have already been introduced for this purpose. Concepts 2 and 3 address Hearing Board issues and could be addressed in an omnibus bill carried by the committees. Lastly, Concept 4 addresses increased state subventions which have been held flat for approximately 20 years.

Lupe Valdez, DEO/Public Affairs and Transportation Programs, stated that staff will bring forward to the Committee in January a series of bills that have been analyzed by staff and Mr. Lind for consideration in adopting a position. Mr. Lind briefly summarized bills that have already been introduced. (Attachment 2) The AQMD-sponsored Clean Fuels reauthorization legislation has been introduced in both the Assembly (AB 38, Washington) and the Senate (SB 98, Alarcón). HOV lanes throughout the state have drawn the attention of a number of members. Assembly Member Tom McClintock has introduced legislation that addresses HOV lanes (AB 44). A bill has also been introduced to offer tax credits for transit passes for employers to encourage employees to use mass transit (SB 17, Figueroa). Chair LaPisto-Kirtley inquired as to whether the tax credits were addressing private industry. Mr. Lind responded that the way the bill is written it is oriented toward the private sector.

Mr. Lind added that legislation addressing environmental justice issues is expected in 1999. There were a few bills vetoed last year and the authors will probably bring them back in 1999.

Draft 1999 Legislative Program

Ms. Valdez reported that a draft 1999 legislative program summary has been prepared which incorporates the AQMD's legislative agenda approved at the October Legislative Committee meeting. (Attachment 3) Ms. Valdez added that the summary was created to provide a brief overview of the AQMD's 1999 legislative program and is intended to be shared with Legislators and their staffs when meeting with AQMD legislative representatives and Board members.

Chair LaPisto-Kirtley asked for a summary update on issues surrounding Smog Check II. Mr. Lind reported that Smog Check II was an important issue in the Legislature in 1998 and is expected to draw a lot of attention in 1999. At one point in 1998, the Legislature eliminated all state funding for Smog Check II in the state budget. One of the last remaining issues for passage of the state budget was what to do about the state's support of the Smog Check II program. Eventually funds were restored to the program at the request of the Wilson Administration with some added consideration for assisting the individual car owner with compliance. After the budget was passed, there was legislation to modify the program and to eliminate certain areas of the state. The Governor vetoed a bill (AB 2789, Thomson) because the bill removed certain areas of the state from Smog Check. The Governor did, however, direct his agency to implement other program reforms in the bill to the extent that could be done administratively. There was also a bill by Assembly Member Rico Oller (AB 2795) that would have repealed Smog Check II. Governor Wilson vetoed that measure as well. Assembly Member Oller has already announced that he will reintroduce a similar bill in 1999.

Chair LaPisto-Kirtley asked if the area of the state proposed for elimination from Smog Check II was Northern California. Mr. Lind responded that it was the City of Fairfield in Yolo-Solano County and in Assembly Member Helen Thomson's district. Assembly Member Thomson believed that this city was unnecessarily rolled into the Smog Check program. Assembly Member Thomson believes that the air pollution in this city is actually caused by the major freeways which traverse through Fairfield. Her rational for exclusion for Fairfield was that the Smog Check program was most effective if it was concentrated in the communities that were generating the traffic because it was not local residents that were the source of pollution causing the city to be a nonattainment area. The Governor and the Air Resources Board did not concur and the bill was vetoed.

Chair LaPisto-Kirtley stated that Smog Check II could be an important issue again in 1999. Mr. Lind agreed, adding that Smog Check II got into high gear in July 1998 and the public is just now getting exposed to the increased obligation of the cost of repairs.

Draft 1998 End-of-Year Report

Staff presented the draft report on 1998 air quality legislation. The report describes all bills monitored during the 1998 session and their outcome. Also included in the report is the full text of new laws affecting AQMD. Final copies will be available after January 15, 1999, in the AQMD Public Information Center and Library (Attachment 4)

The Legislative Committee unanimously approved the Draft 1998 End-of-Year Report.

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

Ethnic Community Advisory Group
Attached for information are the Ethnic Community Advisory Group minutes for the
October 14, 1998, and November 18, 1998, meetings. (Attachments 5 and 6)

Attachments

1. Attendance Roster
2. 1999 Legislative Status Report
3. Draft 1999 Legislative Program
4. Draft 1998 End-of-Year Legislative Report
5. Ethnic Community Advisory Group Minutes (October 14, 1998)
6. Ethnic Community Advisory Group Minutes (November 18, 1998)

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