South Coast Air Quality Management District

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Legislative Committee

SYNOPSIS: 

The Legislative Committee considered agenda items including recommended new positions on the following bills for which the Board will consider adopting positions:
HR 1303 (Camp/Price) – Dry Cleaning Environmental Tax Credit Act of 1999
Proposition 37 - Two-Thirds Vote Preservation Act of 2000

RECOMMENDED ACTION:

Approve the legislative positions recommended below.

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

Attendance

The Legislative Committee met on October 13, 2000. Present were Committee Chair Beatrice LaPisto-Kirtley, Vice-Chair Jane Carney, and Committee members Michael Antonovich, Cynthia Verdugo-Peralta and Roy Wilson. 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 October 13, 2000, meeting only. (Attachment 1)

Washington Update

Ed Newberry, AQMD Washington Legislative Representative, provided the Committee with an update on activities in Washington. To date, there is no word on what projects are included in the VA/HUD Appropriations bill, and no indication whether our Clean Air Technology Proposal is included. Mr. Newberry will advise the Committee as soon as more information becomes available.

Dr. Wallerstein commented that Patton-Boggs has been extremely responsive to the Board and staff, and has done an exceptional job representing the District in the effort to obtain approval for funding for the Clean Air Technology Proposal. Chair LaPisto-Kirtley also commended Patton Boggs for their work in this effort.

Sacramento Legislative Update/Wrap-up

Michael Corbett, AQMD Sacramento Legislative Subcontractor, briefed the Committee on recent activities in Sacramento. (Attachment 2) At the close of the legislative session there was no legislation that would negatively impact the District. However, two bills with positive air quality impacts were passed: SB 1300 (Sher) - California Clean Air Act, and SB 1865 (Perata) - Air Pollution Penalties.

SB 1408 (Alarcón) - Environmental Justice Technical Assistance, failed. A hearing was held in September in which Senator Alarcón commented that he would like to see more done at the state level relative to environmental justice. Mr. Corbett anticipates that additional hearings on this issue will be held and it is possible that Senator Alarcón will reintroduce legislation on this issue next year.

AB 1403 (Soto) – Final Report on Implementation of SCAQMD Mailing Lists

Ms. Valdez presented the final report on the implementation of the AQMD mailing lists, as required by AB 1403. (Attachment 3) The task force was very effective in identifying potentially-affected businesses. An additional 79,000 businesses were entered into the AQMD database as a result of this legislation, and 68% of those businesses fell under the definition of small business that the task force was seeking. The procedure for updating the database has been established, and the database is now being used to meet workshop notification requirements.

Ms. Carney asked what would be included in the small business mailings. Ms. Valdez responded that the task force based the selection on a cross section including industries likely to be impacted by the upcoming rules. Included are the printing, wood manufacturing, wood painting, chrome plating, and dry cleaning industries, as well as many businesses that are regulated, yet small in nature.

Ms. Carney asked if the District publishes a newsletter that indicates various upcoming events, or are these targeted mailings. Ms. Valdez responded that the District publishes the Advisor newsletter and, in addition, does outreach to get the word out to targeted industries. Ms. Carney will submit names and addresses of businesses that have approached her and requested more information on small business issues. Dr. Wallerstein added that the District's web page is also an excellent source for such information.

John Billheimer, Enviromental Reality, recommended that the number of attendees at various workshops be included in the staff reports in order to measure how effective the outreach effort had been. It would also be helpful if the announcement let the public know how the proposed rule or amendment would affect them.

Summary of Senate Environmental and Public Works Subcommittee Hearing on EPA’s Rule on Diesel Fuel

Mr. Valdez reported that on September 21 the Senate Environmental and Public Works Subcommitee held a hearing on EPA’s Proposed Heavy-Duty Engine Emission Standards and Diesel Fuel Sulfur Control Requirements. At the hearing, Senator James Inhofe (Oklahoma) expressed concern that EPA was moving forward too quickly with the proposed rule.

Dr. Wallerstein stated that the debate is ongoing at the federal level on this issue. Expectation by many is that EPA will move forward with the proposed bill, with a 15 ppm sulfur limit, by the end of the year. (Attachment 4)

Recommended New Positions on Bills

Staff provided summaries and recommendations on one bill and one ballot initiative and provided a brief description of each. (Attachment 5)

Bill/Title	Recommended Position
HR 1303 (Camp/Price) – Dry Cleaning Environmental Tax  Credit Act of 1999	SUPPORT and AMEND
Proposition 37 -- Two-Thirds Vote Preservation Act of 2000	OPPOSE

• HR 1303 (Camp/Price), creates a federal income tax credit for professional dry cleaning equipment which uses reduced amounts of hazardous substances. As currently proposed, the credit would not apply to wet cleaning, although the sponsor’s of the bill have indicated that the intent was to include wet cleaning. An amended version of the bill, which includes wet cleaning, is pending. The Legislative Committee concurred unanimously with staff's recommendation to Support HR 1303 with an amendment to include wet cleaning in professional cleaning equipment eligible for the proposed tax credit.
  
  
• Proposition 37 will amend the California Constitution to redefine certain "fees" imposed by state and local governments as "taxes. Proposition 37 will be on the November 2000 ballot and is known as the "Two-Thirds Vote Preservation Act of 2000". Ms. Valdez reported that District Counsel and staff have reviewed this Initiative and are recommending an Oppose position. Staff believes there is vagueness in the language with regard to how it would impact air quality fees and possibly the Clean Fuels Program.
  
  Dr. Wallerstein commented that the California State Association of Counties and the League of California Cities have taken an Oppose position. This is basically a unanimous ruling by the California Supreme Court and this Initiative is an attempt to change what was ruled by the courts. A Los Angeles Times editorial of October 13 recommended an Oppose position, stating that the courts should handle this issue and it should not be decided by ballot measure. The Legislative Committee concurred (by a 5 to 1 vote) with staff's recommendation to Oppose Proposition 37.

Other Business/Public Comment

Ms. Valdez noted that the Legislative Committee for November will be on the first Friday, November 3, because of the Veteran’s Day holiday.

Dr. Wallerstein expressed his appreciation to the Board members for their active participation on the Clean Air Technology Proposal effort, which made a tremendous difference.

Ethnic Community Advisory Group

Attached for information are the Ethnic Community Advisory Group minutes for the August 9, 2000, and September 13, 2000, meetings. (Attachment 6 and 7)

Attachments

1. Attendance Roster
2. Final Legislative Status Report
3. Final Report on Implementation of AB 1403 (Soto)
4. Summary of Senate Environmental and Public Works Subcommittee Hearing on EPA’s Rule on Diesel Fuel
5. Recommended Positions on Bills
6. Ethnic Community Advisory Group Minutes (August 9, 2000)
7. Ethnic Community Advisory Group Minutes (September 13, 2000)

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