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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 1450 (Calderon) -- Permitting of Composting Operations
SB 89 (Escutia) -- Environmental Justice

RECOMMENDED ACTION

Approve the legislative positions recommended below.

Beatrice J.S. LaPisto-Kirtley, Chair
Legislative Committee

Attendance

The Legislative Committee met on February 11, 2000. 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 11, 2000, meeting only. (Dr. Burke participated by video conference.) Committee member Michael Antonovich was absent (Attachment 1)

Washington Update

Peter Robertson and Ed Newberry from Patton Boggs, AQMD's new Washington Legislative Representative, provided the Committee with an update on activities in Washington. Mr. Robertson reported that President Clinton has introduced his FY 2001 Budget, which includes $85 million for the Clean Air Partnership Fund. Mr. Robertson added that he wants to position the AQMD to be one of the early recipients of funding from this area. The Budget also includes $56 million for mobile source funding, $258 million for the Climate Change Technology Initiative, and $215 million for the Air Grant Program, of which $5 million would be set aside specifically for regional haze programs.

Mr. Robertson also reported that legislation is currently being introduced in Congress. One piece in particular is sponsored by Senators James Inhofe (OK) and Robert Smith (NH), and co-sponsored by Senator Dianne Feinstein (CA). The legislation, S.1886, would allow a Governor to waive the reformulated gasoline requirements in a state. Another piece of legislation sponsored solely by Senator Feinstein, S.266, would waive the requirements in California.

Mr. Newberry recommended that the AQMD seek funding for specific projects from members of Congress, primarily from members from the South Coast Air Basin, as well as continue to support other efforts, such as the Clean Air Partnership. He also explained that there are four general good sources of funding that could range from $1-6 million each. They are 1) funding through EPA for research and development projects; 2) funding for telecommuting initiatives; 3) the Intelligent Transportation Systems Funding Initiative; and 4) the Economic Development Initiative.

Mr. Newberry reported that they are also seeking funding to develop a concept that would make AQMD a national model for areas facing similar air quality problems.
Mr. Newberry added that initial discussions with EPA were positive and EPA has done a similar project with Brownfields.

Mr. Newberry also emphasized the importance of relationship building with Congress and the Administration, especially with the twenty-seven members of Congress within AQMD's jurisdiction.

Sacramento Legislative Update

Allan Lind, AQMD Sacramento Legislative Representative, briefed the Committee on recent activities in Sacramento. (Attachment 2) Mr. Lind reported that the Governor released his Budget on January 10. Legislative Committee Chair Bea LaPisto-Kirtley visited Sacramento on January 11 and was able to meet with the Governor's office about the proposed Budget and some of its perceived shortcomings. The Governor has made a major commitment to expenditures for alternative fuels, an expanded commitment to environmental health of children and sensitive populations, and environmental justice. The Governor is also touting a $50 million program to buy back outdated diesel school buses. During her visit, Chair LaPisto-Kirtley also met with Assemblyman Martin Gallegos of the Assembly Health Committee to continue to build AQMD's relationship with the health community and health agencies in Sacramento. Chair LaPisto-Kirtley also met with Assemblymembers Marco Antonio Firebaugh, Bob Margett, and Robert Pacheco and ARB Chair Alan Lloyd.

Mr. Lind reported that there was a unanimous vote to transfer the Speakership in the Assembly from Antonio Villaraigosa to Bob Hertzberg. The transition will be complete April 13. At this time there are no changes in the committee chairmanships, but Speaker Hertzberg is likely to make some changes, but probably not before summer.

Mr. Lind stated that Senator Richard Alarcón held an oversight hearing of his Select Committee on Environmental Justice. The focus was on school sites. There will also be a hearing of the Assembly Select Committee on Ports on February 25, to discuss the petroleum coke issue in the ports. Assemblyman Alan Lowenthal chairs the committee and continues to be very concerned about the fallout from the coke piles in his district. Carol Coy, Deputy Executive Officer/Engineering and Compliance, will travel to Sacramento on February 22 to meet with Assemblyman Lowenthal, at his request, on this issue. Mr. Lind noted that the Legislature has until February 25 to introduce legislation.

Mr. Lind reported that he has received inquiries from some representatives of the paint industry who wish to help the AQMD maintain the integrity of Rule 1113 - Architectural Coatings, in light of an ARB suggested control measure dealing with paints. The paint industry wants to ensure harmony between what the ARB is proposing and what the AQMD has already approved. Mr. Lind also reported that some proponents of an alternative diesel fuel have asked for AQMD support of legislation that would, in their minds, level the playing field on diesel fuel taxes.

There was some discussion about the Carl Moyer Program. Mr. Lind explained that pursuant to the legislation passed last year, long-term funding could be determined by a Blue Ribbon Committee, which is expected to report back in March on what should be the long-term funding source for the Program.

Executive Summary for Report to the Legislature on the Regulatory Activities of the AQMD for Calendar Year 1999 [SB 1928 Report]

The Executive Summary to the AQMD's SB 1928 Report to the Legislature on Regulatory Activities was provided to the Committee. Ms. Valdez stated that a draft of the full report would go to the Board in March. Ms. Valdez added that the bulk of information contained in the Report is a compilation of information previously reviewed by the Board. (Attachment 3)

Consideration of Request by Murray, Scheer, Montgomery, Tapia and O'Donnell

Chair LaPisto-Kirtley stated that the Committee members received a request from Murray, Scheer, Montgomery Tapia and O'Donnell offering to seek funding for the AQMD on a contingency basis. Chair LaPisto-Kirtley moved to concur with staff's recommendation to decline the offer since a new Washington representative has been hired, and directed Ms. Valdez to send a letter advising the firm of the AQMD's decision. The Committee unanimously approved the motion.

Recommended Positions on Bills

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

• AB 1775 (Lowenthal), requires the ARB, in consultation with the South Coast AQMD Governing Board, to review the policies that govern monitoring of petroleum coke stockpiles to ensure that those policies are effective in detecting unhealthful amounts of petroleum coke dust in the air. Also directs the ARB to require coverage or enclosure of petroleum coke stockpiles, including during transportation, by January 1, 2001. Ms. Valdez recommended postponing consideration of AB 1775 until the March Committee meeting, in light of a pending meeting between Assemblyman Lowenthal and AQMD staff Carol Coy, as well as a pending hearing on February 25, which was scheduled after posting of the Committee meeting agenda. The Committee unanimously agreed to postpone consideration of AB 1775 until the March Legislative Committee meeting.
  
  
• AB 1450 (Calderon), authorizes an air district that has established a permit system to require any person who intends to build "an operation" that composts biosolids or sewage sludge to obtain a permit from an air district. Ms. Valdez reported that AB 1450 was brought to the Committee at the end of the legislative session in 1999. The bill previously sought to authorize air districts to abate nuisance odors emanating from composting facilities and required permits for composting operations. The bill was amended to remove the nuisance odor provisions. Staff continues to have concerns with the intent of the bill because the legislation lacks clarification on the remaining provisions. Staff has prepared a clarifying amendment to the bill to offer to the Assemblyman. Chair LaPisto-Kirtley asked that staff work with the Sanitation Districts who also have concerns with this bill. The Legislative Committee concurred with staff's recommendation to remain Neutral but continue to Seek Clarification and suggest amendments to the author and directed staff to work with the sanitation districts on this bill.
  
  
• SB 89 (Escutia), requires the Secretary for Environmental Protection, by
  January 15, 2001, to convene a Working Group on Environmental Justice, composed of specified representatives as determined by the Secretary, but including local government, and also convene a Technical Advisory Group, with specified representatives, including air districts, to provide recommendations and serve as a resource to the Working Group. Also requires the Working Group to take various actions relating to the development and implementation of environmental justice strategies. Ms. Valdez explained that there is a policy question within the bill that while air districts are identified in the Technical Advisory Group, air district participation is not specifically mentioned as a part of the Working Group. The question before the Committee is should the air districts be included at the Working Group level? The Working Group will most likely be the policy group and the Technical Advisory Group will be the staff technical group. Staff recommends support for SB 89, and suggests working with the author to specify that locally elected or appointed officials serve as the local government representatives on the Working Group and that staff represent local government on the Technical Advisory Group. The Legislative Committee concurred with staff's recommendation to Support and agreed with suggested clarifying amendments to the author. The Legislative Committee also expressed their desire to be included on the Working Group.

Other Business

No other business/public comment

Ethnic Community Advisory Group

Attached for information is the Ethnic Community Advisory Group minutes for the November 10, 1999, December 8, 1999, and January 13, 2000, meetings. (Attachments 5-7)

Attachment

1. Attendance Roster
2. Legislative Status Report
3. Executive Summary for Report to the Legislature on the Regulatory Activities of the South Coast Air Quality Management District for Calendar Year 1999 [SB 1928 Report]
4. Recommended Positions on Bills
5. Ethnic Community Advisory Group Minutes (November 10, 1999)
6. Ethnic Community Advisory Group Minutes (December 8, 1999)
7. Ethnic Community Advisory Group Minutes (January 12, 2000)

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