BOARD MEETING DATE: February 7, 2003
AGENDA NO. 24

Approve Workplan to Implement Initiatives Proposed by Chairman William A. Burke and Establish the Asthma and Brain Cancer Research Fund

SYNOPSIS: 

At the January 2003 Board Meeting, Chairman Burke proposed initiatives to increase funding for clean school buses, to establish an asthma and outdoor air quality consortium, and to support research on the potential link between air pollution and brain cancer. This action is to approve a workplan to implement Chairman Burke’s proposed initiatives.

COMMITTEE: 

Not Applicable

RECOMMENDED ACTION:

1. Approve Work Plan to implement initiatives concerning lower-emission school buses and asthma and brain cancer research as relates to air quality.
   
   
2. Recognize 70% of CY 2003 penalty revenue, as described below, in the "Lower-Emission School Bus Replacement & Retrofit Program Fund" to purchase CNG school buses to replace older diesel buses, and CNG fueling infrastructure.
   
   
3. Establish the "Asthma and Outdoor Air Quality Consortium," as described below, and recognize 10% of FY 2002-03 penalty revenue to the "Asthma and Brain Cancer Research Fund" to fund such Consortium for research projects relating to asthma and outdoor air quality.
   
   
4. Establish "Brain Tumor and Air Pollution Foundation," as described below, and recognize 10% of FY 2002-03 penalty revenue to the "Asthma and Brain Cancer Research Fund" to assist in the funding of such Foundation.
   
   
5. Transfer $876,000 from the FY 2002-03 General Fund, Penalty & Settlement Account (representing the first six months of revenues) to the "Asthma and Brain Cancer Research Fund," $438,000 for the "Asthma and Outdoor Air Quality Consortium," and $438,000 for the "Brain Tumor and Air Pollution Foundation."
   
   
6. Direct staff to provide, at the February, 2004 Governing Board meeting, a report on the implementation of these plans.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

At the January 2003 Governing Board meeting, Chairman Burke addressed three air pollution related concerns and proposed initiatives to address those concerns. Dr. Burke noted that significant progress has been achieved to date in replacing traditional diesel-fueled school buses with cleaner alternatives. He emphasized his desire to enhance agency efforts to protect all children from air toxics exposure due to school bus tailpipe emissions. He further noted studies which have found a link between air pollution asthma risk, as well as recent studies suggesting a possible link between pollution and various cancers, including brain cancer. Chairman Burke proposed three initiatives:

1. That 70% of CY 2003 penalty fees be directed to continue assisting public schools to buy new, alternative-fuel buses and associated refueling stations.
   
   
2. That 10% of CY 2003 penalty fees be used to establish a Consortium on Asthma and Outdoor Air Quality.
   
   
3. That 10% of CY 2003 penalty fees be used to support research on the risk of brain cancer relative to air pollution.

Proposal

1. Increase Funding for Clean School Buses
Exhaust emissions from high emitting diesel-fueled school buses are harmful to children and are a key source of public exposure to toxic diesel particulate matter and smog forming pollutants. There are thousands of older school buses on the road that have remained in service primarily because school districts lack funds to replace them. Since 1999, with the help of state funding, AQMD has approved more than $43 million to clean up and replace diesel-powered school buses in the Southland. Projects approved include the purchase of 206 compressed natural gas-powered school buses, 87 lower-emitting new diesel buses and the retrofitting of 1,482 diesel buses with particulate emission traps. Recent state budget cuts have resulted in a reduction of about $2 billion from school budgets, potentially affecting the transition to less-polluting school buses.

Staff proposes that 70% of penalty fees collected in CY 2003 be recognized in the "Lower-Emission School Bus Replacement & Retrofit Program Fund" and used to facilitate the acquisition of new CNG buses by school districts and the concomitant reduction or elimination of diesel-fueled school buses. Distribution of the penalty funds for school buses will take into consideration several elements, including, but not limited to, the environmental justice provisions of the Health & Safety Code as amended by AB-1390 (Firebaugh), population distribution among various counties, and the mix of older versus newer buses.

For purposes of this program, the penalties will be categorized as "major" if the penalty amount is $200,000 or more and "non-major" if the penalty amount is less than $200,000. Program details are:

a) Major Penalty:

1. As part of the settlement between AQMD and a non-complying entity, 70% of the "major" penalty amount will go to a school district located near or downwind of the penalty source, to the degree possible, at the selection of AQMD to enable the purchase of one or more new, commercially available CNG buses to replace older, higher-polluting diesel school buses. AQMD staff will attempt to use a geographic distribution formula equivalent to that used for the current low emission school bus program.
   
   
2. In addition, AQMD may provide, from its Clean Fuels Fund or the penalty fee, an appropriate amount for CNG infrastructure.
   
   
3. Upon delivery of the new CNG bus(es), an equal number of older diesel polluting buses will be crushed.
   
   
4. AQMD staff will be available to provide technical and administrative assistance to school districts to facilitate the selection of the new CNG buses and related infrastructure.
   
   
5. After the penalty settlement is announced, the recipient school district will be identified.
   
   
6. Representatives from AQMD, and the selected school district will meet and agree on a schedule for the selection, purchase and delivery of new CNG buses.
   
   
7. Upon acquiring AQMD approval, the school district will concurrently receive a grant from the non-complying entity and issue a purchase order for the new buses.
   
   
8. The non-complying entity must pay the invoice within 30 days.
   
   
9. A copy of the invoice and verification of payment will be sent to AQMD.
   
   
10. Upon delivery of the buses, the school district will provide AQMD with proof that an older diesel bus will be crushed.
    
    
11. AQMD, the school district and the non-complying entity will retain copies of all documentation such as purchase orders, invoices, penalty payment documents, and proof of older diesel buses being crushed.

Since settlement agreements require concurrence of both AQMD and the non-complying entity, if such entity decides not to participate in the above effort, collected monies will be treated the same as non-major penalties as described below.

b) Non-Major Penalty:

1. The non-complying entity will pay the penalty money to AQMD.
   
   
2. AQMD will place 70% of the penalty amount in AQMD’s Lower Emission School Bus Fund.
   
   
3. When the amount in this Fund accumulates to a level sufficient to warrant issuance of a Program Opportunity Notice, such PON will be issued inviting public schools and private operators to apply for these funds to buy new CNG school buses that will replace diesel buses.
   
   
4. Awards will be based on the same criteria as described above for major penalties.
   
   
5. Details and procedures of the award process will be included in the program announcements.

In addition, Chairman Burke desires to establish a Board Ad Hoc Oversight Committee composed of Board Vice Chairman Roy Wilson, and Board Members Jane Carney and Michael Antonovich to work with staff on program implementation and to meet on a quarterly basis to review program status. Quarterly reports will also be provided to the Administrative Committee of the Board.

2. Establish Asthma and Outdoor Air Quality Consortium
Asthma incidence rates have increased substantially in the past decades. As Dr. Burke noted, about one in 12 children are affected by asthma in Southern California, and as many as 13% of children under 17 years of age in San Bernardino county. The hospitalization rate due to asthma among African-American children in the region is more than three times higher than for other groups. Dozens of studies have linked air pollution to increased symptoms among asthmatics, and a recent study by University of Southern California researchers suggested that young athletes who play in smoggy communities may be at higher risk of developing asthma.

To implement Chairman Burke’s initiative, staff proposes the establishment of an "Asthma and Outdoor Air Quality Consortium Fund" into which revenues can be recognized for the purposes described below. Staff proposes that 10% of the penalty fees collected in FY 2002-03 be recognized in this Fund and used to establish a Consortium on Asthma and Outdoor Air Quality and to fund research projects relating to asthma and outdoor air quality.

The Consortium will be composed of researchers from universities located within the boundaries of the South Coast AQMD (i.e., UCI, UCR, UCLA, USC & Loma Linda University). It will be modeled after the Southern California Particle Center and Supersite research program, with an advisory committee made up of leading individuals with expertise in air pollution and respiratory disease to review and recommend research projects for funding. It is expected that the consortium will seek additional funds from co-sponsors such as the California Air Resource Board, the U.S. Environmental Protection Agency, and the National Institutes of Health.

There are several air pollution and health research projects underway at Southern California universities, and it is envisioned that the consortium would include researchers involved in these projects. Staff has received considerable interest from faculty at various universities in the District’s boundaries.

Staff proposes that the Board initially authorize the transfer of $438,000 from the FY 2002-03 penalty fees (10% of the revenue collected for the first six months) for the Executive Officer to establish the Consortium, led by Dr. John Froines at UCLA School of Public Health, and to include researchers involved in the areas of air pollution and respiratory disease, modeled after the Southern California Particle Center and Supersite Program. The consortium would include university faculty such as Dr. John Peters and Dr. Henry Gong at USC, Dr. Ralph Delfino at UCI, and others from UCR and Loma Linda University. In addition, staff proposes that the Board authorize the Chairman to appoint a Consortium Advisory Board to provide oversight for the Consortium activities and projects. In addition to consortium members, this would include our representatives from the AQMD – one staff (Health Effects Officer) and three AQMD Governing Board members; the executive directors of the American Lung Association of Los Angeles and the Asthma and Allergy Foundation of Southern California; the chief of research from CARB; and representatives from an environmental organization; a community group active in asthma issues; and a business trade association. Dr. Burke also desires that: Board Members Beatrice LaPisto-Kirtley, Leonard Paulitz, and Cynthia Verdugo-Peralta be designated as the participating Governing Board Members, and for staff to make quarterly reports to the Governing Board’s Administrative Committee. Additional funding will occur up to 10% of total penalty revenues received during FY 2002-03. Any request for subsequent funding will be considered by the Governing Board at a later date. 

3. Establish Brain Tumor and Air Pollution Foundation
Several toxic air contaminants, such as benzene and diesel exhaust, have the potential to increase the risk for developing cancer in exposed individuals. Primary benign and malignant brain tumor incidence is estimated to reach 40,000 this year in the U.S. Malignant brain tumors comprise almost half of these tumors. The leading cause of death by disease among U.S. children under 15 is cancer and the leading cause of cancer death for people less than 19 is brain cancer. For childhood brain tumors, the overall incidence rose from 1975 through 1998 from 2.3 to 3.0 per 100,000 (National Cancer Institute Cancer Facts 2/12/2002). The diagnosis of brain tumor is devastating; depending on the location and pathology of the tumor, patients may suffer cognitive impairment, physical disability or premature mortality. These consequences may cause not only emotional but financial devastation for the patients and/or their families.

Environmental and genetic factors have been implicated in the formation of brain tumors. The list of potential factors includes physical, chemical and biological agents. The specific causes of this devastating disease, however, are relatively unknown.

Lung disease and lung cancer are associated with air pollution. Some scientists have found that prolonged exposure to air pollution (e.g., bus drivers and tramway employees) resulted in increased risk of developing several other types of cancer, including lung, laryngeal, renal, bladder, skin, pharyngeal, rectal and liver cancers. Data from this study also indicate a possible relationship between air pollution and brain cancer.

Molecular markers, also known as biomarkers, have been used to establish mechanisms of action resulting in disease. Studies have shown that there is a relationship between high chromosomal aberration levels and increased cancer risk. In one study of non-smoking bus drivers, exposed to high levels of air pollution, the subjects were found to have high levels of chromosomal aberrations. Biomarkers of air pollution should be studied in brain tumor patients, as well.

The overall relationship between air pollution and brain cancer is not clearly defined due to lack of data. Additionally, the interaction between any genetic factors responsible for brain cancer and genotoxic effects of air pollution is not well defined. There is no published research to date evaluating the impact of exposure to high concentrations of air pollutants in the Metropolitan Los Angeles area with genetic factors on brain cancer incidence. Considering the evidence that increased air pollutants cause increased levels of chromosomal aberrations, which lead to an increased risk of cancer, it would seem appropriate to study demographic, behavioral and genetic factors in patients with brain tumors in the Los Angeles area to determine any potential impact that air pollution may have on brain tumor incidence.

Mission Statement

The Foundation will support research on the epidemiology of brain tumors. Studies based in the greater Los Angeles area on the association between air pollution and brain tumors, including molecular and genetic factors will be a priority of the Foundation. The Foundation will also consider proposals for research for development of novel therapeutics for brain tumors.

Potential Methods To be Considered by the Foundation

Patients living in the greater Los Angeles Metropolitan area with malignant brain tumors receiving treatment and control patients who go to internal medicine outpatient clinics will be approached about participation in the study. After giving informed consent, they will undergo examination and they will be asked to complete a questionnaire. In order to generalize findings to the overall population, it will be necessary to have a large sample of subjects participating in this study. A statistical analysis will be performed to determine the appropriate sample size. Information regarding demographics, family history, anthropometrics, behavior patterns including dietary, smoking history, residential and occupational environment, etc. will be obtained via questionnaire. Sophisticated epidemiological statistical techniques will be used to determine relationships between air pollution and brain cancer incidence. Predictors and indicators of risk will be identified.

The resultant information will aid epidemiologists, clinicians and other health care professionals in identifying patients at risk for developing brain tumors due to air pollution exposure and other environmental and behavioral factors. Once risk factors or clusters of factors have been identified, preventative therapies can be devised to decrease brain cancer incidence.

Staff proposes that 10% of the penalty fees collected in FY 2002-03 be directed to the creation of a Brain Tumor and Air Pollution Foundation and used to establish a research project(s) on the potential relation between air pollutant exposure and the development of brain cancer. Staff proposes the transfer of $438,000 from the FY 2002-03 penalty fees (representing 10% of the revenue collected for the first six months) to establish the above non-profit organization for this sole purpose. It is further proposed that the following individuals serve on the foundation Board and that quarterly reports of progress be provided to the AQMD Board Administrative Committee. The Foundation Board would be comprised of Supervisor Antonovich, representing AQMD, Dr. Keith Black of the Cedars-Sinai Neurological Institute, and Robert Davidson, Chairman and CEO, Surface Protection Industries, a former Clean Air Award recipient.

Fiscal Impacts

The AQMD receives approximately $4 million annually in revenue from penalties and settlements of air quality violations. However, about $4 Million in revenue has already been received during the first six months of FY 2002–03. Staff proposes implementing Initiative #1 (school buses) on a CY03 basis, and Initiative #2 (asthma) and #3 (brain tumors) on a FY 02-03 basis. Such action is intended to allow for early start upon Initiatives #2 and #3.

Attachments

None

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