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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 25 (Escutia) -- Children's Health

SB 89 (Escutia) -- Environmental Quality

RECOMMENDED ACTION

Approve the legislative positions recommended below.

Beatrice LaPisto-Kirtley, Chair
Legislative Committee

Attendance

The Legislative Committee met on February 19, 1999. Present were Committee Chair Beatrice LaPisto-Kirtley and Committee member 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 February 19, 1999, meeting only. (Dr. Burke participated by video conference.) Committee member Michael Antonovich was absent. (Attachment 1)

Washington Update

Lupe Valdez, Deputy Executive Officer/Public Affairs and Transportation Programs, briefed the Committee on activities in Washington. Ms. Valdez reported that the AQMD Washington Representatives met with Frank Cushing, staff director for the House VA, HUD Appropriations Committee, on President Clinton's FY 2000 Climate Change Budget proposal. (Attachment 2) Mr. Cushing stated that the Appropriations Committee has not received enough detailed information about the proposal and are waiting for more details from US EPA, as well as from the President's staff. Meetings were also held with staff to Congresswoman Lucille Roybal-Allard, Senator Diane Feinstein, Congressman Ron Packard and Congressman Randy Cunningham regarding the President's proposal. Future meetings have been scheduled with George Frampton, Associate Director of Natural Resources with the President's Council on Environmental Quality, and Robert Brenner, Deputy Administrator for Air and Radiation at US EPA. Ms. Valdez added that Congresswoman Juanita Millender-McDonald has requested information on the AQMD's environmental justice program and staff is following up on that request.

Dr. Burke stated that he has served on the Congressional Black Caucus Foundation with Congresswoman Millender-McDonald and there may be an opportunity for funding by partnering with this Foundation, especially with the AQMD's environmental justice and children's initiatives. Congresswoman Millender-McDonald may be the person to approach regarding a partnership between the AQMD and the Foundation to do some pilot programs. Dr. Burke added that he is unaware of any efforts by the Latino Caucus. Ms. Valdez responded that Congressman Xavier Becerra, also from the South Coast Basin, is still chairman of the Latino Caucus. Ms. Valdez stated that she would have the AQMD Washington Representatives contact Congressman Becerra. Dr. Burke stated that he preferred this contact be made by Board members.

Ms. Valdez also reported that Congresswoman Maxine Waters has requested the AQMD's participation in a public meeting to be held on February 27 at Morningside High School in Inglewood on the Los Angeles airport expansion. The AQMD has been requested to provide information on air quality in Inglewood, general air quality, emissions at the airport and the AQMD's legal authority on any airport expansion. Dr. Burke stated that this could be a very sensitive issue being that Congresswoman Waters is very close to the President and also opposes the airport expansion. Ms. Valdez stated that Dr. Wallerstein will designate staff to attend the hearing and information on the hearing will be forwarded to all Board members.

Legislative Update/Status Report

Allan Lind, Legislative Representative in Sacramento, provided an update on activities in Sacramento. Mr. Lind reported that he has met with legislators who will be important in hearings on the AQMD's clean fuel bills (AB 38, Washington, and SB 98, Alarcón). Contact has also been made with most members of the Assembly and Senate Transportation Committees in anticipation of the upcoming hearings on the clean fuel bills, as well as Senator Alarcón and Assembly Members Soto and Longville to ensure their assistance on any air issues. SB 98 (Alarcón) will be heard by the Senate Transportation Committee on March 2. Mr. Lind added that he has personally met with the Chair and Vice Chair of the Senate Transportation Committee and hopes for a positive outcome on SB 98.

Mr. Lind also reported that Legislative Committee Chair Bea LaPisto-Kirtley and Board Vice Chair Norma Glover have been very helpful in Sacramento in meetings with legislators, legislative staff and members of the Davis administration. Mr. Lind added that he and Ms. Glover had a very positive and constructive meeting with Winston Hickox, Secretary of CalEPA, where they discussed how the AQMD and CalEPA could better work together in the future. Mr. Hickox requested additional information on AQMD programs and staff is following up on that request.

Supervisor Wilson stated that Alan Lloyd, who has been appointed Chair of the Air Resources Board, is the former head of the AQMD Technology Advancement office and could be a good person to help with the lobbying effort on the clean fuel bills. Mr. Lind agreed and added that Dr. Lloyd could be a strategic advisor when the bill reaches the Governor's desk.

Lastly, Mr. Lind reported that the Legislature has now introduced approximately 900 bills and approximately 900 more bills could be introduced before the bill introduction deadline on February 26. Among the bills being introduced, there seems to be increasing interest in HOV lanes. Of the 25 bills the AQMD is tracking, five deal with HOV lanes. In addition, there are four bills on MTBE, four on Smog Check and a few bills that address inter-basin issues. An example of an inter-basin issue related bill is SB 136 by Senator Pete Knight. This bill would cause the City of Los Angeles to pay for any air quality mitigation work that occurs as a result of the Owens Valley agreement and the transfer of water to Southern California. (Attachment 3)

Recommended Positions on Bills

Staff provided analyses and recommendations on two bills and provided a brief description of each bill. (Attachment 4)

• SB 25 (Escutia), requires ARB to adopt ambient air quality standards in consideration of specified factors, including protecting the health of infants and children. SB 25 is a scaled-down version of AB 278 (Escutia), which the AQMD supported. The bill was vetoed by Governor Wilson in 1998. The Legislative Committee concurred with staff's Support recommendation.

• SB 89 (Escutia), requires the Secretary for Environmental Protection, by April 1, 2000, to convene a Working Group on Environmental Justice to identify disproportionately high and adverse human health or environmental effects on minority populations or low-income populations and provide guidance to state agencies that implement, administer, and enforce environmental laws in the state. Mr. Lind stated that this bill is an attempt to get the state's house in order and directs state agencies to consult with each other on establishing policies, but does not include consultation with local agencies. Mr. Lind added that coordination with local agencies would probably happen, but he would check with the author's office to ensure that the bill is not intended to exclude such coordination. The Legislative Committee concurred with staff's Support recommendation and agreed to have Mr. Lind communicate with the author's office on coordination with local agencies.

Staff also provided analyses and recommendations on two additional bills. However, the Committee continued these bills to the March meeting and directed staff to provide additional information at that time. A brief description of each bill and Committee discussion is listed below.

• AB 71 (Cunneen), would allow solo drivers of inherently low-emission vehicles to use carpool lanes. Also requires the DMV to issue special license plates to make these vehicles recognizable. This bill is identical to AB 2282 (Knox) of 1996, which was vetoed. Chair LaPisto-Kirtley asked if any input was received from the California Highway Patrol (CHP) on the enforceability of this bill and staff responded that CHP had not been contacted for input. Dr. Burke stated that there is a policy in both the Senate and Assembly Transportation Committees that no new license plates will be issued. The policy was adopted because there were too many license plates on the road and it was difficult for CHP to enforce. Dr. Burke asked if staff looked into the current policy on this issue. Mr. Lind responded that he is aware of the policy which was a policy during the 1997-98 legislative session, but it is unknown whether the current Legislature has decided to adopt the same policy. Chair LaPisto-Kirtley motioned to continue AB 71 to the March meeting and directed staff to report back to the Committee on the policy of the Assembly and Senate Transportation Committees on new license plates, as well as the feasibility of enforceability of this bill. This motion was unanimously approved by the Committee.

• 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, 1996), which was vetoed by Governor Wilson. Chair LaPisto-Kirtley asked if the California League of Cities and the County Supervisors Association of California had a position on this bill. Mr. Lind responded that the position of these organizations on this bill is unknown.
  
  Greg Adams, Los Angeles County Sanitation Districts, provided public comment on both Senate Bills 89 and 115. Mr. Adams stated his concern that both SB 89 and 115 fail to acknowledge efforts currently underway at the federal level to develop a comprehensive program on environmental justice. Currently, there are two federal advisory committees that have been debating issues, terminology and policy related to environmental justice. The concern is that these two bills have enormous consequences on what local governments do and could be particularly controversial for land siting and land use projects. If there is no recognition of the federal efforts, there will be federal and state environmental justice programs with duplicative sets of regulations. Dr. Wallerstein stated that the AQMD has shared its environmental justice program with the Administration and discussed its possible use as a model program. The proposed bills offer an opportunity for California to provide an example to the US EPA. Also, it may be more likely to develop a reasonable set of requirements and program objectives through local and state efforts then through the federal process. Ms. Valdez added that SB 115 directs the Office of Planning and Research and the Secretary of Resources to rely on procedures to implement federal Executive Order 12898 in meeting the requirements of SB 115. This reference is not mentioned in SB 89. Dr. Wallerstein added that Senator Escutia may have taken the concept developed by the AQMD on environmental justice and used that to direct state agencies, through SB 89, to utilize that concept to get consistency at the state level.
  
  Mr. Adams stated that the AQMD environmental justice initiatives probably have served as the basis of the proposed state program. But, the concern is not with the state program but with the possible program duplication. The federal government may not be aware of efforts in California. There needs to be awareness at the state level to what is being done by the US EPA. Chair LaPisto-Kirtley asked if this information could be communicated to the authors of SB 89 and 115. Mr. Lind responded that he would communicate these concerns to the authors. Dr. Wallerstein added that he would be in Sacramento on the clean fuels bill and asked Mr. Lind to arrange for him to meet with the appropriate staff people on SB 89 and 115. Chair LaPisto-Kirtley moved to have this bill continued to March and directed staff to look into whether CSAC and the California League of Cities have a position on this bill. This motion was unanimously approved by the Committee.

Public Comment
See public comment by Greg Adams, Los Angeles County Sanitation Districts, under discussion on SB 115 above.

Other Business
No other business.

Ethnic Community Advisory Group
Attached for information is the Ethnic Community Advisory Group minutes for the
January 13, 1999, meeting. (Attachment 5)

Attachments

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