South Coast Air Quality Management District
South Coast Air Quality Management District
BOARD MEETING DATE: June 7, 2002 AGENDA NO. 28
Legislative Committee
SYNOPSIS:
The Legislative Committee considered agenda items including the
following legislation for which the Board will consider approving a position:
AB 2127 (Matthews) - Asthma and Lung Disease Research Fund
AB 2332 (Keeley) - Indoor Air Quality
AB 2461 (Keeley) - Low-Emission Vehicles
AB 2774 (Pavley) - Advanced Technology Light-Duty Vehicles
RECOMMENDED ACTION:
Approve the legislative positions recommended below.
Beatrice J.S. LaPisto-Kirtley, Chair
Legislative Committee
Attendance
The Legislative Committee met on May 10, 2002. Present were Committee Chair Beatrice LaPisto-Kirtley, Vice-Chair Jane Carney, and Committee members Michael Antonovich, Cynthia Verdugo-Peralta, and Roy Wilson (by videoconference). [Attachment 1]
Federal Update [Attachment 2]
Lance Larson, Lynn Jacquez and Jeff Shockey, Federal Legislative Representatives, reported that Congress is a little behind schedule on the overall appropriations cycle this year and the process could continue until election time in November.
The Senate has now passed their version of the Energy bill, which includes some tax incentives and credits for alternative fuel vehicles, purchases and some infrastructure development. Both the House and Senate Energy bills will now be considered in conference committee. No date has been set for the conference committee.
Ms. Verdugo-Peralta asked if information was available on the President’s Clear Skies Initiative, noting that U.S. EPA Administrator Whitman recently stated that the Administration will be looking to reduce utility power plant emissions through a cap and trade program. Mr. Larson replied that the details of the Initiative have not yet been released. Dr. Wallerstein added that there are concerns regarding the extent of emission reductions associated with the Clear Skies Plan, which apparently do not account for a series of settlements that are underway with some of the major power producers and reductions that would otherwise occur through the current New Source Review regulations. The proposal will not affect the AQMD because it is geared toward coal-fired power plants. Since power plants in the South Coast Air Basin are already on natural gas and in the RECLAIM program for NOx and SOx, there isn’t a problem with mercury emissions from burning coal. However, it was agreed that the AQMD should increase the level of dialog with the Administration on this issue.
Ms. Verdugo-Peralta asked whether there will be a budget for energy efficiency programs through the Energy Policy Act of 2002 Conservation and Energy Efficiency Provisions and whether air districts would be eligible to submit proposals to obtain part of that funding. Ms. Jacquez responded that a large part of the money is tax credits for energy efficient buildings rather than a grant program that will provide direct funding to an entity.
Sacramento Update [Attachments 3 and 4]
Allan Lind, AQMD Sacramento Legislative Representative, reported that there is concern regarding a proposal by the State Legislative Analyst to require CARB to charge a statewide stationary source fee to support CARB’s Stationary Source Program and reduce the demand on the General Fund. The concern is that it may be presumed by businesses in the South Coast Air Basin that the fee charge is coming from the AQMD, and over the long term, this could have a dramatic impact on the Governing Board’s ability to assess fees.
Four options for the proposed stationary source fee were presented to the Senate and Assembly on May 8. The California Air Pollution Control Officers Association (CAPCOA) took the lead and conveyed their concern about the implications of a stationary source fee increase for local air districts. After testimony, the Senate Committee decided not to adopt any of the four options. The Assembly received testimony, but did not vote on the matter.
On May 8, the Administration released its proposal for the expenditure of funds provided through Proposition 40 (the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002), which provides $50 million for the Carl Moyer Program. The Administration’s proposal spreads the disbursement of the $50 million over a 5-year period, with $9.1 million to be disbursed in the first year. Ms. Carney asked how this impacts other proposals for Carl Moyer Program funding. Mr. Lind replied that AB 2682 (Chu) and SB 1994 (Soto), identical bills, would provide a permanent funding source for the Carl Moyer Program through a fee on each barrel of crude oil received in California. The bills are presently in the Assembly and Senate fiscal committees for consideration. Funding through this legislation is in addition to funding provided through Proposition 40.
The second extraordinary session convened last year to deal with the energy crisis and the third extraordinary session convened this year to deal with the current year fiscal problems have both been adjourned.
On policy legislation, AB 2221 (Keeley), which would have enabled virtually any party to sue any other party over air-related issues, has been withdrawn. SB 1827 (Torlakson), which would have redirected some of AB 2766 monies to specific projects statewide, has also been withdrawn. The Governing Board adopted an oppose position on both bills. AB 1058 (Pavley), aimed at reducing greenhouse gas emissions, has passed the Senate and is now in Assembly for concurrence in Senate amendments. The Governing Board has a Support position on AB 1058.
Lastly, on May 14, Governor Davis is expected to release his "May Revise," which will include budget adjustments based on reexamination of anticipated revenues and reexamination of caseload and expenditures for entitlement programs.
Recommended Positions on Legislation
Staff provided analyses and position recommendations on four bills and provided a brief description of each bill. [Attachment 5]
|
Bill/Title |
Recommended Position |
AB 2127 (Matthews) - Asthma and Lung Disease Research Fund |
SUPPORT |
AB 2332 (Keeley) - Indoor Air Quality |
SUPPORT |
AB 2461 (Keeley) - Low-Emission Vehicles |
SUPPORT with AMENDMENT |
AB 2774 (Pavley) - Advanced Technology Light-Duty Vehicles |
SUPPORT |
AB 2127 (Matthews), would reauthorize the placement of the Asthma and Lung Disease Research Fund on state income tax return forms as a voluntary contribution. The designation was first placed on the year 2000 tax form, but was dropped from the form when the contributions did not reach the required $250,000 in the first year. AB 2127 will allow the designation to stay on for two years to allow the Lung Association more time to organize an educational outreach campaign regarding the designation. If the fund does not reach the $250,000 limit in the second year, the designation will be dropped from the form. Funds would provide an additional source of funding for the California Lung Association research efforts. Staff recommends a Support position. The Legislative Committee adopted a Support position on AB 2127.
AB 2332 (Keeley) would allow CARB to enhance their current indoor air pollution program by allowing them to develop control measures to limit harmful emissions from products used or located indoors. CARB currently implements a non-regulatory Indoor Air Quality and Personal Exposure Assessment Program that includes sponsored research, development of indoor air quality guidelines, and public education and outreach. The Legislative Committee adopted a Support position on AB 2332.
AB 2461 (Keeley), would extend the sunset date of the existing vehicle license fee exemption on the incremental cost of alternatively-fueled ultra low-emission vehicles (ULEV) or cleaner, as defined by CARB, from January 1, 2003 to January 1, 2009. Although staff initially recommended amendments, which would limit the bill to super ultra low-emission vehicles (SULEV) rather than ULEVs, staff now believes such limitation is not needed because the bill is currently only applicable to alternative fuel vehicles. Staff recommended a Support position with an amendment to include hybrid ULEVs or cleaner.
Chair LaPisto-Kirtley asked if the amendment could also include the incremental cost for SUVs that qualify as ULEVs, stating that such an exemption may spur the industry to build cleaner SUVs. The Legislative Committee adopted a Support position on AB 2461, with amendments to include in the exemption hybrid ULEVs or cleaner and SUVs certified as ULEV or cleaner.
AB 2774 (Pavley), would require CalEPA and the Resources Agency to convene a task force to develop and design the ongoing structure, plan, funding, and content for a public information and education campaign to encourage the use of advanced technology light-duty vehicles in California. Participation on the task is voluntary and actual implementation of the campaign developed relies heavily on securing funding contributions. The Legislative Committee adopted a Support position on AB 2774. Supervisor Antonovich voted no on the motion.
Other Business/Public Comment
None.
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