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BOARD MEETING DATE: July 20, 2001 AGENDA NO. 31




REPORT: 

Legislative Committee

SYNOPSIS: 

The Legislative Committee held its regular meeting on Friday, July 13, 2001. The next Legislative Committee meeting is scheduled for Friday, August 10, 2001, at 8:30 a.m., in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file this report

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


Attendance

The Legislative Committee met on July 13, 2001. Present were Committee Chair Beatrice LaPisto-Kirtley, and Committee members Cynthia Verdugo-Peralta, Michael Antonovich, and Roy Wilson (by videoconference). Committee Vice-Chair Jane Carney was unable to attend. (Attachment 1)

Federal Update

Peter Robertson, AQMD Federal Legislative Representative, reported that the Appropriations Committee’s VA, HUD and Independent Agencies subcommittee, which considers funding for the U.S. EPA, has started work on their bill that will make funding recommendations to the full Appropriations Committee. The Appropriations Committee is then expected to forward the subcommittee recommendations to the full House of Representatives, accompanied by a report explaining actions the committee took. The report will also contain individual member project funding requests. A draft copy of the report, which has not been officially released, presently does not include individual member earmarks for specific funding projects. However, there is no doubt that these will be added at a later date. This allows more time to gather support for the AQMD funding proposals from members of Congress. Senator Barbara Boxer has included three of the four AQMD funding proposals in the Senate Appropriations Committee bill. Eventually, the House and Senate will meet in conference to work out individual differences in funding requests. [Attachment 2]

Changes are starting to take place in the Senate since control changed parties. Senator James Jeffords (Vermont) has become the Chair of the Environment and Public Works Committee. Among his priorities are air and water programs, but an official legislative agenda has not yet been released. California Senator Barbara Boxer is now a majority member of the committee.

Sacramento Update

Michael Corbett, AQMD Sacramento Legislative Representative, reported that the Legislature has not yet reached agreement on the state budget and summer recess, scheduled to begin July 20, will likely be delayed until an agreement is reached.

There have been no changes in the proposed budget to the subvention funding for air districts, and there is $16 million for the Carl Moyer Program, $16 million for the CARB School Bus Replacement Program, and $16 million for diesel backup generation mitigation. There are also two appropriations for zero-emission vehicles (ZEVs): $10 million for consumer vehicles and $10 million for fleet vehicles. There have been no indications that funding for these programs will be reduced. Assemblyman Tony Cardenas has inserted language into a budget trailer bill that will require 50 percent of the funds for the Carl Moyer Program, ZEVs, and diesel backup generation mitigation to be spent in an environmental justice sensitive manner.

The Legislature also continues to consider legislation. Second extraordinary session bills, SBX2 24 and SBX2 79, both by Senator Pete Knight, would take away the authority of an upwind air district to approve the transfer of emission reduction credits to a downwind district for the purpose of power plant siting. The bills are in the Senate Environmental Quality Committee and are scheduled for hearing on Monday, August 20. The AQMD Board has taken an Oppose position on this legislation and additionally lifted the moratorium on emission reduction credit transfers. Despite AQMD efforts, the author is moving forward with the legislation. [Attachments 3, 4, 5 and 6]

Senator Jackie Speier has an omnibus bill, SB 1191, that seeks to delete various state and local agency reporting requirements. Senator Speier has added a provision to the bill that would repeal the requirement for the AQMD to contract for triennial performance audits. The bill will be heard next in Assembly Appropriations.

Relative to the energy crisis, no additional emergency orders are anticipated primarily because the weather has become relatively mild in the hotter regions of the state and conservation measures have taken place. Additionally, a new power plant recently began operation in Pittsburgh, California. However, as long as the energy crisis continues, there will likely continue to be legislation introduced to address certain perceived problems.

Lastly, testimony continues before a Senate special select committee, chaired by Senator Joe Dunn, regarding alleged unlawful practices by power generators. Approximately five employees of power generators have come forward and provided information that would indicate that the power generators took action to keep electricity offline. This has led to denials or charges of misrepresentation by the power generators.

Other Business/Public Comment

No other business/public comment.

Ethnic Community Advisory Group

Attached for information is the Ethnic Community Advisory Group minutes for the May 11, 2001, meeting. [Attachment 7]

Attachments

  1. Attendance Roster
  2. Matrix on Status of 2001 Federal Legislative Proposals
  3. Matrix on Status of 2001 State Legislative Proposals
  4. State Legislative Status Report
  5. Federal Legislative Status Report
  6. State Energy Legislative Status Report
  7. Ethnic Community Advisory Group Minutes (May 11, 2001)

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