BOARD MEETING DATE: April 2, 2004
AGENDA NO. 29
Legislative Committee
SYNOPSIS:
The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving a position:
AB1991 (Lowenthal) - Petroleum Infrastructure Projects
AB2305 (Richman) - Petroleum Infrastructure: Permitting Process
AB2628 (Pavley) - Vehicles: Preferential Lanes
AB2683 (Lieber) - Air Pollution: Smog Check
AB2809 (Canciamilla) - Air Pollution: Confined Animal Facilities
AB2880 (Pavley) Vehicles: Registration: Fees: Increase
SB1211 (Ortiz) - Prosecution of Violations
SB1615 (Denham) - Air Pollution: Smog Check: Out-of-State Vehicles
RECOMMENDED ACTION:
Receive and file this report and take positions on the bills as specified in this letter.
Beatrice J.S. LaPisto-Kirtley, Chair
Legislative Committee
Attendance [Attachment 1]
The Legislative Committee met on March 12, 2004. Present were Jane Carney, Vice-Chair; and by videoconference were Bea LaPisto-Kirtley, Committee Chair, and Committee Members Roy Wilson, Michael Antonovich, Jan Perry, and Bill Postmus.
Washington Report/Update [Attachment 2]
A written report was provided.
Sacramento Update [Attachment 3]
Allan Lind, AQMD State Legislative Consultant reported that over 2,000 bills have been introduced this year with approximately 80 bills that may have a possible impact with the AQMD and staff will continue to track these bills. Concerning the two bills that AQMD is sponsoring, staff is working with various stakeholders regarding SB1247 (Soto) and SB1397 (Escutia). Senator Escutia will be holding a Senate Select Committee on Alameda Corridor East informational hearing on April 16 in Norwalk.
Federal Sources: Legislative Concepts
This item was deferred to the April Legislative meeting.
Recommended Positions on Eight Bills [Attachment 4]
Staff provided analyses and position recommendations on eight bills. A brief description of each bill is provided below:
AB1991 and AB2305 were presented by staff together.
AB1991 (Lowenthal) - Petroleum Infrastructure Projects
Existing law grants the State Energy Resources and Conservation Development Commission (California Energy Commission) exclusive authority to certify all locations where specified electric transmission lines or certain large thermal powerplants, or both, are constructed or proposed to be constructed, and related facilities, as defined. This bill would express the Legislature's intent to enact legislation that would create a similar state managed licensing authority for permitting of petroleum infrastructure projects.
AB2305 (Richman) - Petroleum Infrastructure: Permitting Process
The Warren-Alquist State Energy Resources Conservation and Development Act establishes a permitting process for powerplants. This bill would require the California Energy Commission to make recommendations to the Legislature for establishing a streamlined permitting process for petroleum-related infrastructure.
Staff believes that both of these bills are "spot bills" and are an effort to take away AQMD's responsibility for permitting refineries. In addition, staff believes that this would be counter-productive and lead to a worsening of air pollution. AQMD has not been included in any meetings at this time with regard to these bills. Executive Officer Barry Wallerstein has been in contact with CEC, which has agreed to include AQMD in future discussions. The Legislative Committee unanimously adopted staff’s recommendation to OPPOSE AB1991 and AB2305, and directed staff to monitor the legislation very carefully.
AB2628 (Pavley) - Vehicles: Preferential Lanes
This bill intends to promote low-emission and high fuel efficiency vehicles by allowing preferential access to HOV lanes. Staff recommends that the author amend the bill so that access to the HOV lanes would be limited to only the Advance Technology Partial Zero Emission Vehicles that are hybrid-electric and that are manufactured before 2006. Executive Officer Barry Wallerstein suggested that staff could recommend amendment language to require an annual status report regarding any potential traffic congestion impacts. Committee Chair Bea LaPisto-Kirtley recommended that staff come back to this committee with information on how this bill would impact traffic in the carpool lanes. She also expressed concern about the potential impact on the California Highway Patrol’s enforcement efforts. The Legislative Committee unanimously adopted staff’s recommendation to SUPPORT WITH AMENDMENTS AB2628.
AB2683 (Lieber) - Air Pollution: Smog Check
Existing law establishes motor vehicle inspection and maintenance programs (Smog Check & Smog Check II) administered by the Department of Consumer Affairs and the State Air Resources Board. Existing law also requires the smog tests to include, at minimum, loaded mode dynamometer testing in enhanced areas, and 2-speed idle testing in all other program areas, and a visual or functional check of emission control devices specified by the department. Existing law also exempted from those requirements, until January 1, 2003, any motor vehicle manufactured prior to the 1974 model-year, and after that date, any motor vehicle that is 30 or more model-years old. This bill would instead exempt from the smog check requirements any motor vehicle manufactured prior to the 1976 model-year. In addition, this bill would grandfather in those vehicles that are not currently in the smog check program. The bill also contains other related provisions. The California Council for Environmental and Economic Balance (CCEEB) will be signing on as a co-sponsor of this bill and there is significant business community support for the bill. Board Member Mike Antonovich would like staff to speak directly with the hobbyists and receive their input prior to the committee making any recommendations. After first approving a motion to recommend support of AB2880, the Legislative Committee took a WATCH position to allow staff to meet with classic car hobbyists and associations to receive their input.
AB2809 (Canciamilla) - Air Pollution: Confined Animal Facilities
This bill would prohibit a district from issuing a permit for any confined animal facility prior to the completion of the scientific review by the state board. The bill would also make a technical, nonsubstantive change to delete redundant provisions within those requirements. Staff recommended an oppose position to this bill because of concern that it may jeopardize our Title V permit program, and therefore bring federal sanctions to the South Coast Basin. The Legislative Committee unanimously adopted staff’s recommendation to OPPOSE AB2809.
AB2880 (Pavley) Vehicles: Registration: Fees: Increase
Existing law allows local air districts to impose a fee of up to $4.00 on motor vehicles registered within the district (i.e., the AB 2766 program). This bill would increase the surcharge on motor vehicle registrations from the existing $4.00 to $6.00 and would be governed by the same requirements of the existing AB2766 legislation. Committee Chair Bea LaPisto-Kirtley stated that there should be more stringent guidelines to ensure quantifiable emission reductions.
Dr. Wallerstein explained that there is a formula with regard to the current monies received and that the Board historically has used the portion that goes to the AQMD for purposes of funding motor vehicle emissions related activities such as air sampling, air quality management plans, fleet rules regulations, etc. The Board currently has full discretion on whether to use these funds for mobile source related staff activities, or to fund projects like clean school buses.
Board Member Jane Carney reported that ARB provides guidelines to the cities on the use of the funds and that this committee could consider adding language allowing someone, such as the ARB to be able to establish further guidelines on how the monies can be spent so that better air quality is achieved as a result of the use of these funds.
Board Member Bill Postmus did not feel that it is appropriate at this time for the AQMD to recommend legislation that would raise the vehicle license fee. He said that he would oppose such recommendation now, and at the Governing Board.
Dr. Wallerstein suggested and the committee members agreed for staff to contact ARB to ask for the state’s position on this legislation and to bring it back to this committee for recommendation. The Legislative Committee unanimously took a WATCH position on AB2880, until staff can report back on the State’s position, and seek clarification on more stringent guidelines.
SB1211 (Ortiz) - Prosecution of Violations
Existing law provides that (1) the recovery of a civil penalty for an air quality violation precludes criminal prosecution, and (2) the filing of a criminal complaint requires the dismissal of any civil action for the same offense, except for any portion of a civil action requesting injunctive relief.
This bill would repeal the provision precluding criminal prosecution following the recovery of civil penalties for the same offense, and would repeal the requirement that a civil action be dismissed upon the filing of a criminal complaint for the same offense. The Legislative Committee adopted staff’s modified recommendation to SUPPORT WITH AMENDMENTS SB1211 [See staff write-up in Attachment 4 for details].
SB1615 (Denham) - Air Pollution: Smog Check: Out-of-State Vehicles
Existing law establishes motor vehicle inspection and maintenance programs (Smog Check & Smog Check II) administered by the Department of Consumer Affairs and the California Air Resources Board. Existing law also requires the Department of Motor Vehicles to require that, upon registration a motor vehicle be subject to the smog check program that it was previously registered in outside this state, a person obtain a valid certificate of compliance or noncompliance.
This bill would repeal that provision requiring a person to obtain a certificate of smog check compliance upon the registration of a motor vehicle that was previously registered outside this state. The bill would make related conforming changes and delete obsolete references from existing law.
The Legislative Committee unanimously adopted staff’s recommendation to OPPOSE SB1615.
Other Business
None
Public Comments
None
Attachments (4,732 KB)
- Attendance Roster
- Federal Legislative Status Report
- Sacramento Update
- Recommended Positions on Legislation
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