BOARD MEETING DATE: August 6, 2004
AGENDA NO. 26

Legislative Committee

SYNOPSIS:

The Legislative Committee met on July 16, 2004 and reviewed agenda items including the following legislation for which the Board will consider approving a position:
 

AB 1009 (Pavley) Air Pollution: Heavy-Duty Vehicles: Emissions		Support
AB 1394 (Levine & Montanez) Air Pollution: Carl Moyer Memorial Air Quality Standards Attainment Program: Particulate Matter		Support With Amendments
AB 2353 (Leslie) Neighborhood Electric Vehicles		Support
SB 429 (Torlakson) Energy Resources: Petroleum Infrastructure Permits: Projects		Support

RECOMMENDED ACTION:

Receive and file this report and adopt positions on the bills as recommended.

Jane W. Carney, Vice Chair
Legislative Committee

Attendance [Attachment 1]

Vice-Chair Jane Carney was present; in attendance via videoconference were Committee Members Michael Antonovich, S. Roy Wilson, and Jan Perry. Chair Beatrice J.S. La Pisto-Kirtley, and Committee Member Bill Postmus were absent.

Recommended Positions on Four Bills [Attachment 2]

Staff provided analyses and position recommendations on four bills. A brief description of each bill is provided below:

AB 1009 (Pavley)
Air Pollution: Heavy-Duty Vehicles: Emissions
Staff reported that this bill was recently "gutted and amended" in response to a recent U.S. Supreme Court decision that allows foreign-domiciled trucks to enter California and operate in California. Staff, as well as Assembly Member Pavley, is concerned that this opens the door for approximately 30,000 trucks that do not comply with or meet the more stringent federal air emissions standards. AB 1009 would require that any heavy-duty vehicle entering California, to operate in California, would have to meet the more stringent federal air emission standards. Barry Wallerstein, Executive Officer mentioned that the Board had previously authorized the filing of an Amicus Brief with reference to this lawsuit. Staff recommends a support position. The Legislative Committee unanimously adopted staff’s recommendation to SUPPORT AB 1009.

AB 1394 (Levine & Montanez)
Air Pollution: Carl Moyer Memorial Air Quality Standards Attainment Program: Particulate Matter
This bill would require the state board to revise the existing Moyer Program guidelines and criteria to incorporate heavy-duty fleet modernization projects that reduce emissions of either PM or NOx and to determine an appropriate way to implement cost-effectiveness standards for projects intended to reduce particulate matter. Staff believes that this bill may be incorporated into the larger discussion of the large emission reductions program that is contained in SB 1247 (Soto).

Staff recommends a support-with-amendments position to ensure that the costs to the local district for implementing a fleet modernization program, either incurred directly or by utilizing an outside entity to help implement the program, are fully covered directly from Moyer Program funds. The Legislative Committee unanimously adopted staff’s recommendation to SUPPORT WITH AMENDMENTS AB 1394.

AB 2353 (Leslie)
Neighborhood Electric Vehicles
This bill would allow the county and cities of Placer County to operate neighborhood electric vehicles in planned communities and would specify certain definitions and criteria for the use of these vehicles. Staff believes that this is a good program to incentivize the further introduction of low emission alternative fuel vehicles and recommends a support position. The Legislative Committee unanimously adopted staff’s recommendation to SUPPORT AB 2353.

SB 429 (Torlakson)
Energy Resources: Petroleum Infrastructure Permits: Projects
Staff reported that at the June 18, 2004 Legislative Committee meeting staff recommended an oppose position on SB 429. However, since that time, staff (Carol Coy) has been working closely with Senator Torlakson's staff to articulate AQMD's concerns, and as a result, this bill has been amended.

This bill will authorize the Governor to designate a statewide petroleum infrastructure facilitator within the California Energy Commission. It would give the appointee the authority to investigate local agency permitting, rulemaking, and other proceedings, and refer any existing or proposed rules, regulations, plans, policies, guidelines, permit conditions (or other requirements affecting petroleum infrastructure facilities that he or she feels in some way may delay or restrain the ability of California petroleum infrastructure facilities to produce a consistent and reliable supply of cleaner burning fuels) to a CEC Commissioner for review. Staff is recommending a Support position. The Legislative Committee unanimously adopted staff’s recommendation to SUPPORT SB 429.

Status Report and Recommended Policy Position on SB 1247 (Soto) Air Pollution: Large Emission Reduction Program
Barry Wallerstein reported that there is a $61 million annual funding proposal for the Moyer program that is still being considered as part of the state budget. In addition, there is an additional $6.8 million for existing programs that are conducted by the Bureau of Automotive Repair to assist low-income families with early retirement of their older vehicles as part of the smog-check program. He also reported that there is a competing bill sponsored by a coalition of environmental groups that is being carried by Assemblyman Firebaugh and that staff has merged their independent bill discussions into one discussion so there is a joint effort by the environmental community, the business community and the California Air Pollution Control Officers Association, led by AQMD. Staff is continuing to move forward with SB 1247 and is currently coordinating another meeting with interested parties.

Review of Follow-Up/Action Items
Jim Clouet reported on four items:

1. SB 1247 - Supervisor Antonovich requested that staff report back with information on where the current distribution of taxes lie and to give thought to how some of the taxes may be redistributed towards programs of this nature. Staff reported that it is continuing to gather information and will report back its findings at the next Legislative Committee meeting.
    
2. Board Member Bea LaPisto-Kirtley requested additional information regarding the status of the $1 million grant for portable monitoring vans and how many vans will be purchased. Staff reported that at the June 4, 2004 Governing Board meeting, the Governing Board authorized staff to release four RFQ's for purchasing monitoring equipment to look at the low level pollutant concentrations and two mobile units for deployment. At the August Governing Board meeting a request to purchase the monitoring equipment for the two mobile units will be brought before the Board.
    
3. AB 2176 - Staff was asked to contact facilities that are opposed to this bill to get their input. Staff is continuing to make contact with large attractions and amusement parks throughout the four counties and will report back their findings at the next Legislative Committee meeting.
    
4. Pursuant to a request from Board Members Bill Postmus and Michael Antonovich staff has provided both the Minority and Committee Analysis of bills in the agenda package, where available. It was noted that at times when a bill has been "gutted and amended" there will not be a current minority and committee analysis available.

Recommendation to Create a Task Force for Federal Funding of Hydrogen Projects
Chung Liu provided a brief presentation with regard to the federal budget and DOE's hydrogen program funding cuts and the impact of these cuts on AQMD. He reported that a similar presentation was provided to the Technology Committee who in turn referred this item to this committee to seek their approval to recommend the creation of a task force.

The Legislative Committee unanimously approved the recommendation for the creation of a task force for Federal Funding of Hydrogen Projects. This item will be forwarded to the August Board meeting action and approval.

Washington Report [Attachment 3]
A written report was provided.

Sacramento Report/Update [Attachment 4]
Allan Lind, AQMD State Legislative Consultant reported the State's budget has been delayed. He also reported that the deadline for bills introduced after January 1, 2004 to get into their policy committees of the second house is June 25, 2004. With regard to the bills that the Governing Board has taken a support position on, these bills are now in their respective Appropriations committees. With regard to the three oppose positions on bills that the Governing Board has taken, these bills have either been amended to remove the Board's opposition, or they have addressed issues that the AQMD has brought to their attention.

He also reported that the Legislature is in their summer recess, notwithstanding the lack of a budget. The Legislature will reconvene the first week of August when they will wrap up all the business for the last two years.

Other Business: None

Public Comments: None

Attachments (15,939 KB)

1. Attendance Roster
2. Recommended Positions on Legislation
3. Federal Legislative Status Report
4. Sacramento Update

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