The Legislative Committee considered agenda items including
recommended positions on the following bills for which the Board will consider adopting
positions:
SB 14 (Rainey) -- Study of High-Occupancy Vehicle Lanes
SB 63 (Solis) -- HOV Lane: San Bernardino Freeway
SB 823 (Sher) -- Particulate Matter Research Act of 1999
SB 1056 (Johannessen) -- Review of Emission Control Devices
RECOMMENDED ACTION
Approve the legislative positions recommended below.
The Legislative Committee met on June 18, 1999. Present were Committee Chair Beatrice
LaPisto-Kirtley and Committee members Michael Antonovich and Roy Wilson (by video
conference). (Attachment 1)
Washington Update
John Montgomery, AQMD Federal Representative, provided the Committee with an update on
activities in Washington. Mr. Montgomery briefed the Committee on the progress of the
Clean Air Partnership Funding proposal and proposed legislation by Congressman Cox.
Mr. Montgomery reported that discussions continue with the California Congressional
members on the Clean Air Partnership proposal and its uniqueness and benefits not only for
the South Coast Air Basin but the entire country. The appropriation for the Clean Air
Partnership proposal is being sought in the EPA/VA HUD bill. Federal funding is tight this
year and it could be July before all appropriations are determined.
Mr. Montgomery stated that discussions are also underway with Senator James Inhofe
(Oklahoma) who has committed to introducing legislation that may provide funding for fuel
research. AQMD Washington representatives will continue to monitor this proposal.
Lastly, Mr. Montgomery reported that support letters have been submitted by AQMD and
several environmental groups in support of Congressman Cox's proposed legislation, which
seeks additional federal assistance for states where extreme nonattainment areas are
located. This legislation has not yet been introduced.
State Legislative Update/Status Report
Ms. Valdez reported that Allan Lind, AQMD Sacramento Legislative Representative, is
following up on the CAPCOA subvention funding request for all air districts, as well as
Legislator budget requests. A written report on the outcome of these funding requests in
the state budget will be forwarded to Board Members for their information. Ms. Valdez also
reported that the Committee package contains a memorandum on pending legislation relating
to the California Public Records Act and Employee Rights. (Attachments 2 and 3)
End-of-Year Legislative Event
Ms. Valdez stated that the Legislative Committee hosted a holiday reception in
December, 1997, to introduce staff and thank federal and state legislators and local
government officials for their assistance, as well as to build rapport. The reception was
not held in 1998 due to elections. Ms. Valdez asked if the Legislative Committee was
interested in hosting a similar event this year. Staff would poll Governing Board Members
to ensure their availability. The Legislative Committee approved the concept of hosting a
holiday reception in December.
Recommended Positions on Bills
Staff provided analyses and recommendations on four bills and provided a brief
description of each bill. (Attachment 4)
Bill/Title
Recommended Position
SB 14 (Rainey) -- Study of High-Occupancy Vehicle Lanes
SUPPORT withAMENDMENTS
SB 63 (Solis) -- HOV Lane: San Bernardino Freeway
SUPPORT with AMENDMENTS
SB 823 (Sher) -- Particulate Matter Research Act of 1999
SUPPORT
SB 1056 (Johannessen) -- Review of Emission Control
SUPPORT Devices
SB 14 (Rainey), would require each transportation planning agency or county
transportation commission to prepare an HOV Master Plan that would be available to the
public. Staff is recommending Support on this bill, with an amendment to include air
districts in the development and evaluation of an HOV Master Plan. Chair LaPisto-Kirtley
asked if the planning includes studying off-peak and weekend use of HOV lanes and staff
responded that there is a provision in the bill to address that issue. The
Legislative Committee concurred with staff recommendation to Support SB 14 with Amendment
to include air districts in the development and evaluation of an HOV Master Plan.
SB 63 (Solis), would reduce the minimum occupancy requirement for vehicles using
the HOV lane on the San Bernardino Freeway from three to two persons. Ms. Valdez reported
that after the May Legislative Committee meeting, a letter was received from the Mobile
Source Air Pollution Reduction Review Committee (MSRC) in opposition to the bill. Staff is
bringing this bill back to the Committee for reconsideration.
Chair LaPisto-Kirtley stated that she agrees with the previous Committee recommendation to
Support SB 63 with Amendments, but recommended revising previously suggested amendments.
Chair LaPisto-Kirtley stated that the Committee previously recommended requiring a study
after a year, but now a year doesn't seem adequate to study the effects of the lane
change. Currently, SB 63 requires a Caltrans study to be completed by July 1, 2002, and
the bill sunsets on
January 1, 2003. Chair LaPisto-Kirtley recommended changing the Caltrans study completion
date to July 1, 2001, eighteen months after the change takes place. Supervisor Wilson
asked if the sunset date should also be moved up. The Committee agreed and recommended
changing the sunset date to January 1, 2002. The Committee also maintained a previous
recommendation to amend the bill to reduce the occupancy level during non-peak hours and
weekends only.
The Legislative Committee approved a position of Support on SB 63 with Amendments to
change the date for the Caltrans study to July 1, 2001, and change the sunset date of the
bill to January 1, 2002. Additionally, the Committee recommended amending the bill to
reduce the occupancy level during non-peak hours and weekends only.
SB 823 (Sher), would enact the Particulate Matter Research Act of 1999 to require
the ARB to implement a particulate matter research program. The bill also repeals the
Atmospheric Acidity Protection Act of 1988. Ms. Valdez stated that this bill seeks to
incorporate into law many of the recommended actions suggested by the ARB in 1992. Dr.
Barry Wallerstein, Executive Officer, added that SB 823 incorporates an Advisory Committee
that represents businesses, as well as community and environmental groups, and is
supported by the American Lung Association, the California Council on Economic and
Environmental Balance (CCEEB) and the Sierra Club. The Legislative Committee concurred
with staff's recommendation to Support SB 823.
SB 1056 (Johannessen), as amended, requires the ARB to review and assess the
potential cost-effectiveness, in terms of dollars per ton of emissions reduced, of
emission reduction devices that are intended for motor vehicle installation and whether
such devices are a cost-effective means of emission reduction, when compared to vehicle
retirement programs. Ms. Valdez reported that the Committee recommended a Support position
on the previous version of SB 1056, which created a voluntary vehicle repair and upgrade
program. The bill was amended on May 28 and no longer creates the voluntary program. Staff
recommends Support on the amended version of SB 1056. The Legislative Committee
concurred with staff's recommendation to Support.
Other Business/Public Comment
No other business/public comment.
Ethnic Community Advisory Group
Attached for information is the Ethnic Community Advisory Group minutes [revised] for
the April 14, 1999, meeting. (Attachment 5)