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BOARD MEETING DATE: May 14, 1999 AGENDA NO. 24

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 71 (Cunneen) -- HOV Lanes
SB 115 (Solis) -- Environmental Protection
SB 192 (Perata) -- Motor Fuel Labeling
SB 529 (Bowen) -- Fuel Impacts
SB 989 (Sher) -- Phase-out of MTBE
SB 1195 (Hayden) -- Particulate Matter: South Coast AQMD

RECOMMENDED ACTION

Approve the legislative positions recommended below.

Beatrice LaPisto-Kirtley, Chair
Legislative Committee

Attendance

The Legislative Committee met on April 23, 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, was appointed as an ad hoc member of the Legislative Committee for the April 23, 1999, meeting only. (Dr. Burke participated by video conference.) (Attachment 1)

Washington Update

Raul Tapia and John O'Donnell, AQMD Washington Legislative Representatives, provided the Committee with an update by teleconference on activities in Washington. Mr. O'Donnell reported that efforts are continuing to secure support from key California Congressional Members -- Congressmen Jerry Lewis, Julian Dixon, David Dreier, Henry Waxman and Gary Miller, and Congresswoman Lucille Roybal-Allard -- for the AQMD's "Federal FY 2000 Clean Air Partnership Fund" proposal. Efforts are also continuing to secure funding through President Clinton's Clean Air Partnership Fund proposal, but it is unclear whether there is support for that proposal. Mr. O’Donnell added that in an effort to gain regional support for additional funding for the AQMD, a draft letter was prepared, for signature by representatives of the California Congressional delegation. Mr. O’Donnell stated that with budget constraints, members are not as willing to sign on to requests that are regional in nature. Congresswoman Roybal-Allard, however, has included the AQMD in her own Appropriations request.

Mr. O’Donnell explained that the AQMD's funding proposal includes a list of specific projects as examples of what the requested funding could support. The Proposal is critical when meeting with representatives because members need to understand that the funding being requested will assist small businesses in their districts. Mr. O'Donnell added that Congressman Dixon's staff suggested beginning discussions on clean air and health issues with Congressman Waxman's office, as he is generally the lead on environmental issues. Dr. Burke stated that Congressman Dixon's district is a prime candidate for the addressing of environmental justice issues. Dr. Burke questioned the necessity of going through Congressman Waxman in order to approach Congressman Dixon on a proposal which would benefit constituents in his district.

Dr. Burke stated that he will be in Washington on April 27 and will talk personally to Congressman Dixon and added that the Chair of the Black Caucus has made environmental justice their primary issue. Mr. Tapia concurred that Congressman Dixon can play a major role in this effort.

Legislative Update/Status Report

Allan Lind, Legislative Representative in Sacramento, provided an update on activities in Sacramento. (Attachment 2) Mr. Lind reported that AB 38 is on the Assembly floor for vote. SB 98 passed the Senate with a vote of 28-3, which was the two-thirds vote needed to pass the bill as an urgency measure. SB 98 is now in Assembly Transportation Committee and could be heard May 10. AB 38 could also be voted on May 10 on the Assembly floor.

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

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

AB 1403 (Soto), which addresses AQMD’s public notification process, has been amended to address AQMD concerns and has passed out of policy committee. The AQMD supports the bill.

AB 1571 (Villaraigosa), which codifies into law the Carl Moyer Program, was amended and passed out of its first committee. The AQMD took a support position and suggested amendments on the administration of the program.

AB 1679 is a Local Government Omnibus bill in which the AQMD placed an amendment to extend the time period allowed to appeal permit denials before the Hearing Board. The bill has not yet been heard.

SB 17 (Figueroa) deals with transit passes. The AQMD has a support position and the bill has passed its first committee.

SB 25 (Escutia), addresses Children's Health Standards in air quality regulations. The bill has passed its first committee. The AQMD supports the bill.

SB 89 (Solis), which would bring higher visibility to environmental justice issues, has passed its first committee. The AQMD supports the bill.

Mr. Lind also reported that the state provides a subvention to all local air districts and there is currently a proposal through CAPCOA to seek additional subvention program funding. So far, the bill is making positive progress. In addition, the Carl Moyer program seeks an appropriation through the budget to complement the AB 1571 legislation. This request, also under the lead of CAPCOA, is before both the Senate and Assembly Committees. Finally, an augmentation for Chairman Burke’s Children's Initiatives is being sought in the Assembly version of the budget bill. Staff is working to secure a similar augmentation in the Senate.

Lastly, Mr. Lind reported that at Supervisor Antonovich's request, staff surveyed the field of MTBE bills. There are six bills dealing with MTBE. Staff has recommended positions on three bills. The remaining three bills are inactive at this time, but staff will continue to monitor. (Attachment 3)

Assembly Budget Committee Request for Implementation of the AQMD's Children's Air Quality Agenda Initiatives

Lupe Valdez, Deputy Executive Officer/Public Affairs and Transportation Programs, reported that through the efforts of Mr. Lind and his team, Assembly Member Marco Firebaugh has submitted an Assembly budget request for $10 million for Chairman Burke’s Children's Initiatives. This is the first time a request of this nature has been proposed through the Department of Health Services. Staff focused on this effort as opposed to returning to the Committee with a White Paper on the Children's Initiatives. Staff is also pursuing a similar request in the Senate. (Attachment 4)

Clean Air Partnership Fund Summit Proposal

Dr. Barry Wallerstein, Executive Officer, stated that the Summit Proposal, received from P.S. Enterprises, is a proposal to conduct a conference to discuss details of how to implement the AQMD's Federal FY 2000 Clean Air Partnership Fund Proposal on which the AQMD is currently working with the Washington consultants to secure federal funding. In addition to this proposed conference, and through Dr. Burke's effort, Dr. Wallerstein reported that he has been in contact with the Black Caucus regarding their possible participation in a socioeconomic assessment to go along with AQMD's proposal to promote the transfer of clean technologies. The proposed summit is an effort to move this proposal along. Dr. Wallerstein added that this effort is also an opportunity for the AQMD to be part of a positive forum regarding a potential federal program. The Legislative Committee unanimously approved the Clean Air Partnership Fund Summit Proposal.

Recommended Positions on Bills

Staff provided analyses and recommendations on six bills and provided a brief description of each bill. (Attachment 5)

• AB 71 (Cunneen), would allow solo drivers of inherently low-emission vehicles (ILEVs) to use carpool lanes. The bill also requires the DMV to issue special license plates to make low-emission vehicles recognizable.
  
  Ms. Valdez reported that the Committee had previously directed staff to discuss with the California Highway Patrol (CHP) the feasibility of enforcement of this bill. In addition, Dr. Burke had directed staff to follow up with Senator Murray regarding the long-standing policy of the Senate Transportation Committee regarding bills requiring special license plates. Mr. Lind reported that the request for a distinguishable license plate in AB 71 came from the CHP. The request was made to assist in their enforcement of the HOV lane. The CHP is supportive of a distinctive license plate in AB 71 and is officially neutral on the bill.
  
  Mr. Lind also reported that he spoke with Senator Murray who believes that AB 71 meets the test of an exception to the Senate Transportation Committee's rule concerning hearing bills requiring special license plates. The policy regarding special license plates was instituted when there was concern over the number of specialized license plates being introduced over the years, primarily for fundraising for various public or charitable purposes. The Senate Transportation Committee felt that this was not the primary mission of license plates and so they wanted to discourage the use of charitable license plates by choosing to not hear those bills. But a license plate that is intended to assist law enforcement activities is not in conflict with the committee’s policy and Senator Murray felt that the bill deserved a fair hearing.
  
  Alan Bowser, Automobile Association of California, stated that the Auto Club believes the primary criteria for allowing vehicles into HOV lanes is occupancy and asked if AQMD staff had reviewed this bill with Cal Trans. Mr. Bowser added that in researching issues surrounding AB 44 (McClintock), which seeks to abolish HOV lanes, the Auto Club discovered that the only HOV lane underutilized during peak hours is on Highway 118. Most of the discussion in the greater Los Angeles area is focused on changing the HOV occupancy level from two to three because HOV lanes are actually becoming congested. Mr. Bowser also stated that another approach could be to put a sunset date in the bill. Allowing ILEV drivers to use HOV lanes may not be the right thing for congestion or mobility.
  
  Curt Coleman, CMA Southern California Air Quality Alliance, stated that the Alliance has taken a support position on AB 71 and believes that one of the key things to achieving air quality standards in the Basin is to encourage people to use ILEV's as soon as possible. The Alliance sees this bill as providing another incentive for people to buy and use these vehicles. Mr. Coleman added that it is his belief that there is authority under federal standards to restrict occupancy in later years if HOV congestion becomes a problem. Currently, the number of ILEV's being driven is very small. At this time it makes good sense to provide another incentive for using ILEV's.
  
  Chair LaPisto-Kirtley stated that she has had conversations with AQMD staff on these issues and wonders whether the bill should have a sunset date or, if ILEV's in HOV lanes cause congestion in the future, then amend the law to address the issue. Supervisor Antonovich asked if natural gas vehicles were included in the ILEV designation and Dr. Wallerstein responded that using the federal definition of ILEVs, natural gas vehicles are included. Staff added that the California Natural Gas Vehicle Coalition is the sponsor of the bill. Deborah Kurilchyk, Southern California Edison, added that the federal definition of an ILEV is a low emission vehicle and no evaporative emissions; it is fuel neutral. Right now only electric vehicles and CNG vehicles fit this definition. The Legislative Committee concurred with staff's recommendation to Support AB 71.

• 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 and requires coordination and information sharing with the U.S. EPA. The bill also enacts the California Environmental Justice Act of 1999. Supervisor Antonovich asked what this bill would add to the current CEQA process. Ms. Valdez responded that this bill would begin discussions on environmental justice impacts within the CEQA process and the AQMD supported this effort in the past. Dr. Wallerstein added that the bill requires the Office of Planning and Research (OPR) to look at environmental justice, do an analysis and then appropriately amend the guidelines based on the outcome of the analysis. Currently, when an EIR is issued, environmental justice comments are received, but there is no formal guidance on how to address the issue.
  
  Supervisor Antonovich inquired as to whether discussions could take place first and then introduce legislation as a way to receive input on the process before legislation is approved and any ramifications for local government known. Dr. Wallerstein responded that OPR periodically revises the guidelines by holding public workshops, gathering information and proposing amendments. SB 115 directs OPR to start the public process to decide what is appropriate to include in the guidelines. Mr. Lind added that OPR has very specific requirements on what they can and cannot do on CEQA and so the effect of this legislation is to authorize them to do something they are not currently authorized to do. Supervisor Antonovich suggested having OPR hold hearings before legislation is approved. Chair LaPisto-Kirtley stated that the California League of Cities has not taken a position on this bill. Supervisor Antonovich added that there is a requirement in the bill that there will be no cost to local government, but that may not be true. Chair LaPisto-Kirtley recommended a Watch position on the bill. The Legislative Committee concurred and adopted a Watch position on SB 115 and directed staff to work with the author regarding a public input process on this issue and trying to move on that process prior to creating legislation.

• SB 192 (Perata), makes it unlawful to sell motor fuel that contains at least 1% by volume methyl tertiary butyl ether (MTBE), unless a sign or label is displayed to inform the consumer that the gasoline contains MTBE. The Legislative Committee concurred with staff's recommendation to Support.

• SB 529 (Bowen), requires the California Environmental Policy Council to identify and evaluate all significant beneficial and adverse impacts on the environment that may result from any fuel specification proposed or established by the ARB, on or after January 1, 2000, and to prepare related written findings and recommendations. Ms. Valdez stated that this is a constructive way to move toward multi-media analysis of environmental regulations on air and water. The Legislative Committee concurred with staff's recommendation to Support.

• SB 989 (Sher), extends provisions of the Underground Storage Tank Program to clean up MTBE in groundwater and adds laws to implement portions of Governor Davis' Executive Order on MTBE. The Legislative Committee concurred with staff's recommendation to Support.

• SB 1195 (Hayden), requires the AQMD, beginning July 1, 2001, to include in forecasts, reports, and notifications regarding pollutant levels prescribed information regarding levels of particulate matter 2.5 microns or smaller that exceed a certain concentration. The Legislative Committee concurred with staff's recommendation to Support and work with the author on amendments to the bill.

Other Business

Ms. Valdez reported that staff attended a meeting at Esperanza Elementary School in downtown Los Angeles on April 22. The meeting was sponsored by Senator Hayden and is the first of a series of meetings with school district officials and other agencies on Senator Hayden’s effort to pursue transferring the responsibilities of siting for school facilities to another agency. Originally, the other agency was going to be CalEPA, but after sufficient discussion at the meeting it is not clear who the agency will be. Ms. Valdez added that a representative from New York City was at the meeting and discussed how New York City separates real estate and siting from administration. There were a number of issues raised at the meeting and there will be continuing discussions. Senator Hayden did mention three sites -- Jefferson, Belmont and South Gate -- as prime examples for wanting to pursue something different. In addition, Los Angeles Unified School District originally had their real estate, CEQA, and land acquisition in one group. They have now separated them.

Public Comment

Public comments were received on AB 71 (Cunneen). Those comments are included under the discussion on AB 71.

Ethnic Community Advisory Group

Attached for information are the Ethnic Community Advisory Group minutes for the March 10, 1999, meeting. (Attachment 6)

Attachments

1. Attendance Roster
2. Legislative Status Report
3. Memorandum on MTBE
4. Assembly Budget Request
5. Recommended Position on Bills
6. Ethnic Community Advisory Group Minutes (March 10, 1999)

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