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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:

RECOMMENDED ACTION

Approve the legislative positions recommended below.

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

Attendance

The Legislative Committee met on May 12, 2000. Present were Committee Chair Beatrice LaPisto-Kirtley, Committee Vice-Chair Jane Carney, and Committee members Michael Antonovich and Roy Wilson (by videoconference).  (Attachment 1)

Washington Update

Peter Robertson, AQMD Washington Legislative Representative, provided the Committee with an update on activities in Washington. A letter, with signatures from 20 of the 25 Congressional representatives from Southern California, was submitted to the VA HUD subcommittee, in support of the AQMD Clean Air Technology Transfer Proposal. In addition, two other Congressional representatives included support for the AQMD proposal in their individual request letters.

The Air and Radiation Office of EPA is working with AQMD staff on a nationwide conference which would highlight the AQMD's accomplishments in cleaning up the air and the potential for applying AQMD’s innovative solutions across the country.

Sacramento Legislative Update

Allan Lind, AQMD Sacramento Legislative Representative, briefed the Committee on recent activities in Sacramento. (Attachment 2) The current budget revenue forecast is estimated at $13 billion and there are competing interests in the expenditure of the funds. The Governor has committed $2.8 billion in new monies to education, $2 billion for transportation projects and has indicated a desire to see $1.9 billion for a one-time tax cut. A chart showing selected proposed budget items was distributed.  (Attachment 3)

The Assembly Transportation Committee held a hearing on AB 2784 (Margett), which prohibits the ARB and air districts from requiring mandatory fleet engine conversion unless the regulation receives a multimedia evaluation approved by several state agencies. Barry Wallerstein and AQMD Vice-Chair Norma Glover attended the hearing. The bill was discussed but a vote was postponed until May 15 to allow interested parties to work out differences.

Consideration of Resolution Supporting the Alameda Corridor-East Trade Corridor Project

Lupe Valdez, DEO/Public Affairs and Transportation Programs, stated that Assemblyman Bob Margett has asked for AQMD's support for the Alameda Corridor-East Trade Project. Staff will review the proposed resolution and report back to the Committee in June.  (Attachment 4)

Supervisor Antonovich explained that there could be about 100 trains per day with approximately 24-minute delays at 55 intersections in the East San Gabriel/Pomona Valley, resulting in a severe impact on air quality. It is important to move forward to mitigate these freight crossings, as the Corridor is targeted to open in 2002.

Recommended Positions on Bills

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

• AB 1775 (Lowenthal), requires the ARB, in consultation with the AQMD Governing Board, to review the policies that govern monitoring of petroleum coke stockpiles to ensure that those policies are effective in detecting unhealthy 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. Staff recommended a Watch position on AB 1775.
  
  Carol Coy, DEO/Engineering and Compliance, reported that Assemblyman Lowenthal agreed at an Assembly Natural Resources Committee hearing that he would work with industry representatives on amendments to the bill before bringing the bill to the full Assembly for consideration. Staff feels that these future amendments deserve consideration from the District. Proposed amendments would include AQMD as a study partner on the proposed impact study, clarify that the regulatory provisions of AQMD Rule 1158 would not change, and include cleanup language that would make the bill more accurate. The Legislative Committee concurred with staff's recommendation to Watch AB 1775.
  
  
• AB 1877 (Maldonado), requires an air district, upon the request of an operator of equipment subject to an emission limitation or other air pollution control standard, to review the limitation or other standard to determine whether it should be required for a source category. The Legislative Committee concurred with staff's recommendation to Watch AB 1877 and to seek an amendment which would limit the provisions of the bill to Health and Safety Code 40405 or rule requirements where a significant number of variances have been granted by a district hearing board. If the proposed amendment is accepted, then a Support position is recommended.
  
  
• AB 2129 (McClintock), requires the Department of Transportation and local authorities, on or before 1/1/2002, to establish standards for all existing HOV lanes, evaluate all existing HOV lanes and, per evaluation findings, leave HOV lanes as HOV lanes, convert the HOV lanes to HOT lanes, or convert the HOV lanes to mixed-flow lanes. The Legislative Committee concurred with staff's recommendation to Oppose AB 2129 unless amended to ensure proper coordination with the Federal Highway Administration and allow stakeholders an opportunity to participate in the Caltrans development process.
  
  
• AB 2237 (Maldonado), allows taxpayers to claim a 5 percent credit for "environmental building costs." Requires certifications by the EPA of environmentally sound or energy efficient fixtures. Caps the annual amount of credit at $25 million. The Legislative Committee concurred with staff's recommendation to Support AB 2237.
  
  
• AB 2576 (Briggs), requires an air district, upon determining a defect exists in a vapor recovery system, provide the operator with a notice specifying the basis of the defect. Also provides that if an operator has not used the defective component, then the operator would have 7 days from the date of notice to correct the defect. If corrected, an air district is then prohibited from imposing a penalty. The Legislative Committee concurred with staff's recommendation to Oppose
  AB 2576.
  
  
• SB 2037 (Alarcón), allows taxpayers to claim a 5 percent credit for "environmental building costs." Requires certifications by the EPA of environmentally sound or energy efficient fixtures. Caps the annual amount of credit at $15 million. The Legislative Committee concurred with staff's recommendation to Support
  SB 2037.
  

Other Business

No other business.

Public Comment

John Billheimer, Environmental Reality, expressed concern that the legislative analysis for SB 1865 (Perata- Air Pollution Violations) did not mention that $1000 per day violation is per piece of equipment, which he felt could be devastating for small businesses. The AQMD has a Watch position on SB 1865. The bill passed the Senate Environmental Quality Committee and has been referred to Senate Appropriations.

Concern was also raised regarding MTBE oxidants – alcohols, ketones and ethers. Public awareness that an oxidant is a poison could have repercussions.

There was also concern raised regarding legislation pertaining to the Public Records Act. Large organizations use a relational database, in which information is stored for efficiency and consolidation. The Public Records Act says that agencies are only obligated to respond to a request when one can identify what is being reproduced.

Staff responded that the Board has already taken a position on SB 1865 and that staff was monitoring legislation pertaining to Public Records.

Attachments

1. Attendance Roster
2. Legislative Status Report
3. State Budget Update Chart
4. Resolution in Support of the Alameda East-Trade Corridor Project
5. Recommended Positions on Bills

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