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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 63 (Solis) -- HOV Lane: San Bernardino Freeway

AB 1401 (Longville) -- MSRC Work Program
SB 1056 (Johannessen) -- Voluntary Vehicle Repair and Upgrade Program
SB 1111 (Sher) -- Asthma
SB 1301 (Kelley) -- Smog Check II: Remote Sensing Equipment

RECOMMENDED ACTION

Approve the legislative positions recommended below.

Beatrice LaPisto-Kirtley, Chair
Legislative Committee

Attendance

The Legislative Committee met on May 21, 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, Norma Glover, AQMD Vice-Chair, was appointed as an ad hoc member of the Legislative Committee for the May 21, 1999, meeting only. (Attachment 1)

Washington Update

John O'Donnell and John Montgomery, AQMD Federal Representatives, provided the Committee with an update by teleconference on activities in Washington. Mr. O'Donnell briefed the Committee on the progress of the Clean Air Partnership Funding proposal and proposed legislation by Congressman Cox. (Attachment 2)

Mr. O'Donnell reported that discussions are continuing with Congressmen David Dreier, Christopher Cox, Julian Dixon and Henry Waxman on the Clean Air Partnership Funding proposal. Mr. Montgomery stated that EPA is facing a proposed 8 percent funding reduction from last year's levels. Funding for Veteran healthcare and other issues will not increase. However, there will be money for air quality programs and regardless of the amount of money available, the intensity the AQMD puts forth in this effort is important.

Mr. O'Donnell reported that Peter Uhlmann, Legislative Director for Congressman Cox, has requested a letter from the AQMD in support of Congressman Cox's proposed legislation to provide additional federal assistance for any states in which ozone nonattainment areas are located. The legislation is expected to be introduced the week of May 24. Mr. Uhlmann also requested that the AQMD contact environmental groups to seek support for the proposed legislation. Mr. Uhlmann will seek support from the offices of Congressmen Dixon and Waxman. Mr. O'Donnell stated that he will contact Senators Feinstein and Boxer to seek their support.

Legislative Committee Chair Bea LaPisto-Kirtley requested staff to transmit a letter to Congressman Cox in support of his proposed legislation.

Norma Glover, AQMD Board Vice-Chair, reported that during her visit to Washington in April, she and Legislative Committee Chair LaPisto-Kirtley met with the California Republican delegation, during their weekly luncheon, and briefed them on the Clean Air Partnership Funding proposal and Congressman Cox's proposed legislation. Ms. Glover asked staff what the funding increase would be from the proposed legislation. Dr. Wallerstein responded that it would depend, because a flexible formula is used. Currently, there is a 10 percent cap on funding that can come into California, which has limited the AQMD in carrying out responsibilities under the Clean Air Act.

Chair LaPisto-Kirtley added that there are many people who need to be educated on the problem and the AQMD's challenge. The AQMD must continue its efforts at the federal level. Chair LaPisto-Kirtley commended John O'Donnell and John Montgomery for their assistance during her visit to Washington.

State Legislative Update/Status Report

Allan Lind, AQMD Sacramento Legislative Representative, provided an update on activities in Sacramento. (Attachments 3 and 4) Mr. Lind reported that SB 98 passed the Senate with the necessary two-thirds vote (28-7) and AB 38 passed with two-thirds vote from the Assembly (57-20). SB 98 has also moved through the Assembly Transportation and Appropriations Committees and is now before the Assembly for consideration.
AB 38 is in Senate Transportation. Mr. Lind added that the success of the Clean Fuel bills is due to the broad cross section of support from communities throughout the air basin and the attention to details that Board members LaPisto-Kirtley and Glover and Dr. Wallerstein were able to bring to the issues.

Mr. Lind briefed the Committee on the following bills, on which the Board has previously taken a position:

AB 44 (McClintock) would repeal HOV lanes. The AQMD took an Oppose position on this bill. Mr. McClintock has decided to make this a 2-year bill.

AB 71 (Cunneen) would allow solo drivers of ILEV's to use the HOV lane. The AQMD took a Support position. The bill has passed its first policy committee.

AB 1403 (Soto), which addresses AQMD's public notification process, has been amended consistent with the Board's direction. The bill is now in Assembly Appropriations.

SB 1195 (Hayden) requires the AQMD to include particulate matter 2.5 in forecasts, reports, and notifications regarding pollutant levels. The AQMD suggested a number of amendments to the bill and Senator Hayden has accepted the amendments. The bill is now being reevaluated in the context of the recent court decisions.

AB 1571 (Villaraigosa), which codifies into law the Carl Moyer Program, is on the Assembly Appropriations Committee's suspense file where it is expected to be heard June 3. The AQMD has a position of Support with Clarification on how the program would be administered. Speaker Villaraigosa has circulated some amendments that pertain to how the AQMD and the Mobile Source Air Pollution Reduction Review Committee (MSRC) are to cooperate on a proposal to the mutual satisfaction of both. Chair LaPisto-Kirtley asked if the AQMD would receive credit for all the emission reductions and Mr. Lind responded that he believed that was correct. Chair LaPisto-Kirtley asked that this issue be looked into further.

AB 1571 is still a work-in-progress and AQMD staff will continue to work with Speaker Villaraigosa on this bill.

Mr. Lind also reported on state budget activities. Both the Assembly and Senate budget subcommittees have completed their review of the Governor's budget, including the May revise, and the budget committees are expected to approve all the subcommittee actions. The budget conference committee is expected to convene on June 2 and the leadership has set June 15 as their goal to have the budget approved.

Mr. Lind stated that from an AQMD perspective, the budget is looking favorable. The ARB administers a subvention program for all local air districts. That funding statewide has been $7.5 million for approximately 20 years. This year, under the leadership of the California Air Pollution Control Officers Association, an augmentation of $7.6 million has been accepted by the Legislature. There is a good chance that the funding will be approved. Mr. Lind added that the Administration has also allocated $2.7 million in the budget to assist ARB in implementing the provisions of Senator Escutia's bill, SB 25, which addresses children's health standards in air quality regulations.

Another important piece of legislation, SB 1111 (Sher), would setup within the Department of Health Services (DHS) a new comprehensive program for looking at asthma, particularly how it affects children. The Senate has agreed to put $5 million into the DHS budget for this program. The program will involve grants to local entities to help implement programs throughout the state and the AQMD could be eligible to apply for these funds. Mr. Lind added that he sees this bill as complimentary to the AQMD's current efforts to secure funding in the state budget, through DHS, to assist with implementation of the AQMD's Children's Initiatives

Recommended Positions on Bills

Staff provided analyses and recommendations on four bills and provided a brief description of each bill. In addition, pursuant to Brown Act requirements, the Committee added Senate Bill 63 (Solis) to the agenda for discussion and action. (Attachment 5)

• 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. Chair LaPisto-Kirtley stated that SB 63 is moving quickly through the Legislature and deserved Committee consideration. The Metropolitan Transportation Authority (MTA) is opposing SB 63. The San Bernardino Freeway is one of the only freeways that has an occupancy level of three persons per vehicle, as compared to all other HOV lanes in the South Coast Air Basin which only require a two person occupancy level. It is a highly-used bus lane by MTA and Foothill Transit and that poses a concern. Chair LaPisto-Kirtley recommended Support for SB 63 with amendments to study the effects of the change from a 3 to 2 person occupancy level to ensure that the change works. If there were negative impacts on emission reductions and congestion from the change, then assurance in the bill that the lane would return to its original occupancy level of 3 persons per vehicle.
  
  Supervisor Antonovich stated that the position he took at MTA on this bill was Oppose with amendments to reduce the occupancy level from 3 to 2 persons during non-peak driving hours and weekends only, require a study on the effects, and sunset the bill if the changes did not work. Supervisor Antonovich added that in Washington they have reverse flow lanes on the freeways and they've been effective.
  
  The Legislative Committee approved a position of Support with amendments to require a study on the effects of reducing the occupancy level from 3 to 2 persons per vehicle, in order to ensure that the change works and, if the study finds that the change had negative impacts on emission reductions and congestion, then a guarantee in the bill that the lane would return to its original occupancy level of 3 persons per vehicle. Additionally, the Committee recommended amendments to the bill to reduce the occupancy level from 3 to 2 persons per vehicle during non-peak hours and weekends only.

• AB 1401 (Longville), requires the AQMD Governing Board to approve or disapprove the work program of the Mobile Source Air Pollution Reduction Review Committee (MSRC) within 60 days of receipt or work program is deemed approved. Requires 3/4 vote of full Board to disapprove the work program. This is a Board policy issue and was brought forward by staff for Committee discussion.
  
  Dr. Wallerstein explained that current law requires a simple majority to approve the MSRC work plan. If the work program is not approved within 60 days, it is deemed disapproved. Chair LaPisto-Kirtley shared some background on the MSRC, of which she is a member. The original law enacted by AB 2766 required 3/4 vote of the Board to disapprove a work program. Assembly Member John Longville now seeks to amend existing law to the original law under AB 2766 and is asking for AQMD support. Chair LaPisto-Kirtley added that the MSRC really does do a good job and the projects are good. Dr. Wallerstein added that the AQMD is working to strengthen the relationship with the MSRC. Dr. Wallerstein added that support for AB 1401 would be a positive sign to the MSRC, as well as Assembly Member Longville, who has expressed a desire to work with the AQMD. The Legislative Committee recommended a Support position on AB 1401.

• SB 1056 (Johannessen), requires the State Air Resources Board (ARB), in coordination with air pollution control districts and air quality management districts, on or before July 1, 2000, to develop and implement a pilot program to evaluate the feasibility and cost-effectiveness of a voluntary vehicle repair and upgrade program. Ms. Valdez added that the bill proposes to implement the San Diego APCD pilot program statewide.
  
  Dr. Wallerstein stated that the San Diego APCD has been operating a pilot program in lieu of scrapping old cars and the program is working well. People bring in old cars and have them retrofitted with a new catalytic converter. Under existing law the Bureau of Automotive Repair (BAR) is conducting a vehicle scrappage program. Funding for the program comes from new vehicles that opt out of the Smog Check program by paying a fee, which is deposited into the Vehicle Inspection and Maintenance Fund. These fees have already been designated and SB 1056 proposes to use this funding to allow the BAR and ARB to offer options to further prove this retrofit approach as an alternative to car scrapping. Chair LaPisto-Kirtley stated that she believes this is a good program, if the money is coming from the fund and if it means that older cars can still be used. This bill would help those with lower socioeconomic conditions keep their cars. Ms. Glover asked what the cost for scrapping is per vehicle. Mr. Lind responded that he was not sure what the cost is, but the ARB pays $500 per vehicle to scrap, so the cost to scrap a vehicle is probably less than $500. Chair LaPisto-Kirtley commented that the car has to be operable and Barbara Baird, District Counsel, responded that SB 1056 specifies that the vehicle must have at least three years of expected life. Dr. Wallerstein added that the San Diego APCD program has tight criteria for qualifying vehicles to ensure that they will continue to operate. The Legislative Committee concurred with staff's recommendation to Support.

• SB 1111 (Sher), would establish a public health program through the Department of Health Services to reduce the incidence and injury associated with asthma. The bill is seeking $11 million from the General Fund. As reported by Mr. Lind, the Senate has already agreed to $5 million for the program; the Assembly has yet to take action. Staff believes this bill is consistent with the AQMD's Children's Initiatives. Dr. Wallerstein added that the American Lung Association is the sponsor and the Asthma and Allergy Foundation is also in support of the bill. The Legislative Committee concurred with staff's recommendation to Support.

• SB 1301 (Kelley), requires the Department of Consumer Affairs (DCA), as part of the biennial smog check requirement exception, to develop standards for the operation of remote sensing equipment. Additionally, the bill requires DCA to evaluate the need to certify operators of the remote sensing equipment and to evaluate the need to license entities that provide remote sensing services. 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 for the
April 14, 1999, meeting. (Attachment 6)

Attachments

1. Attendance Roster
2. Legislation to be introduced by Congressman Cox
3. Legislative Status Report
4. Memorandum on Smog Check Legislation
5. Recommended Position on Bills
6. Ethnic Community Advisory Group Minutes (April 14, 1999)

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