South Coast Air Quality Management District
South Coast Air Quality Management District
BOARD MEETING DATE: August 2, 2002 AGENDA NO. 20
Legislative Committee
SYNOPSIS:
The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving position changes:
AB 2312 (Chu) – Environmental Justice Grant Program
AB 2461 (Keeley) – Low-Emission Vehicles
AB 2650 (Lowenthal) – Diesel Pollution in Ports
RECOMMENDED ACTION:
Approve the legislative position changes recommended below.
Beatrice J. S. LaPisto-Kirtley, Chair
Legislative Committee
Attendance
The Legislative Committee met on July 19, 2002. Present were Committee Chair Beatrice LaPisto-Kirtley, Vice-Chair Jane Carney, and Committee Members Michael Antonovich and Roy Wilson (by videoconference). Committee Member Cynthia Verdugo-Peralta was unable to attend. [Attachment 1]
Federal Update [Attachment 2]
Lynn Jacquez, Federal Legislative Representative, reported that she has been monitoring items of interest to AQMD in the appropriations bill, as well as the energy bill, and the ongoing reorganization plans in the Department of Energy (DOE). A meeting was held with a representative of DOE to better understand how they are restructuring and the impact on their hydrogen fuel cell program. Another meeting will be held in August to discuss specific areas where the AQMD can play a lead role in assisting DOE to consolidate their FreedomCAR and fuel cell programs.
There has been good support for the AQMD’s request for funding in the Interior appropriations bill and DOE would like to work out a mechanism that would allow the AQMD to participate in their hydrogen and natural gas infrastructure program in the coming year. Ms. Jacquez noted that funding is running on the soft mark, which means that report language is placed in the bill to direct DOE to consult with the AQMD to determine ways to help support the AQMD programs in this area. Negotiations with DOE are ongoing and the possibility for funding is good. She also said that soft mark funding would come to the AQMD.
Sacramento Update [Attachments 3 and 4]
Allan Lind, AQMD Sacramento Legislative Representative, reported that the Senate passed the Budget on June 30 and has recessed for the summer; the Assembly has been at a Budget impasse since then, and the impasse could continue through August.
With respect to legislation, provisions of AB 1058 (Pavley), which was stalled in the Assembly, became AB 1493 (Pavley), with minor revisions. The bill passed the Legislature and was sent to the Governor for signature. The bill would direct CARB to develop recommendations on regulating greenhouse gas emissions.
AB 1173 (Keeley) was recently amended to include simplified provisions of AB 2332 (Keeley). AB 1173 would require CARB to prepare a report to the Legislature summarizing the best available scientific information on indoor air pollution and the associated potential adverse health effects. AB 2332 would have required CARB to adopt measures to regulate indoor air pollution.
Mr. Lind noted that a dozen or so members of the Southern California legislative delegation will leave the Legislature in November. Candidates have been identified and AQMD staff will work to get information about the AQMD to them. Ms. Carney stated that John Benoit is a candidate for the 64th Assembly seat and is also a member of the Desert Sands Unified School District Board. Ms. Carney has invited Mr. Benoit to meet with staff.
Recommended Position Changes on Legislation
Staff provided a brief summary of the following three bills and recommended changing the current positions of Support with Amendments to Support.
|
Bill/Title |
Recommended Position |
|
AB 2312 (Chu) – Environmental Justice Grant Program |
SUPPORT |
|
AB 2461 (Keeley) – Low-Emission Vehicles |
SUPPORT |
|
AB 2650 (Lowenthal) – Diesel Pollution in Ports |
SUPPORT |
AB 2312 (Chu) would establish an Environmental Justice Small Grant Program within CalEPA to provide financial assistance to eligible community groups with a focus on community-based environmental issues and projects that address environmental justice. Individual grants shall not exceed $20,000 and funding would be provided upon appropriation by the Legislature.
The Legislative Committee initially adopted a Support with Amendments position in April based on the bill as introduced. The author has since agreed to amendments suggested by AQMD and CCEEB. Amendments would require CalEPA to adopt regulations on program criteria and procedures, specify types of projects funding may be used for, and require reports by grant recipients, as well as CalEPA, on the use of the funds.
While the author did not take all of AQMD’s suggested amendments, the amendments now remove industry opposition. As a result of amendments, staff now recommends Support. The Legislative Committee adopted a Support position on AB 2312.
AB 2461 (Keeley) would extend, until January 1, 2009, the provisions in the Vehicle License Fee Law that provide an exemption for the incremental costs that are incurred for new light-duty alternative fuel ultra low-emission vehicles (ULEV) and cleaner.
The Legislative Committee initially adopted a Support with Amendments position in May. Amendments suggested including hybrid ULEVs or cleaner in the exemption and sport utility vehicles that qualify as ULEVs.
Staff presented these suggested amendments to the author’s office. However, the author is concerned that policy changes, such as expanding classes of eligible vehicles, may jeopardize the bill because of the additional fiscal impacts that such amendments would create. The author was supportive of the amendments, but declined to accept them at this time. Staff now recommends a Support position on AB 2461 to continue the current exemption for alternatively-fueled ULEVs and cleaner. The Legislative Committee adopted a Support position on AB 2461.
AB 2650 (Lowenthal) seeks to reduce truck idling in the port areas. Marine terminals found in violation of the provisions of the bill would be fined per incident. Fine revenues would be used to fund a grant program similar to the existing Carl Moyer Program.
Dr. Wallerstein stated that Assemblyman Lowenthal has shown considerable leadership in the air quality area. It is uncertain how much revenue this bill would generate; however, staff has worked closely with the author and sponsor on amendments to help clarify implementation of the enforcement program and specify criteria for the grant program. Staff is in agreement with amendments that are being proposed and will continue to work with the author on minor clarifications. At this time, staff recommends a Support position on AB 2650. The Legislative Committee adopted a Support position on AB 2650.
Other Business/Public Comment
No other business/public comment.
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