BOARD MEETING DATE: December 3, 2004
AGENDA NO. 31

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, November 12, 2004 and has reviewed the AQMD’s Draft 2005 Session Year: Sacramento Legislative Proposals and recommends them for approval. The next Legislative Committee meeting is scheduled for Friday, December 10, 2004 at 8:00 a.m. in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file this report.

Beatrice J.S. LaPisto-Kirtley, Chair
Legislative Committee

Attendance [Attachment 1]
The Legislative Committee met on November 12, 2004. Present were Vice-Chair Jane Carney, in attendance via videoconference were Committee Chair Beatrice J.S. LaPisto-Kirtley, and Committee Members Michael Antonovich, Jan Perry, Bill Postmus, and Roy Wilson.

Federal Report [Attachment 2]
Lynn Jacquez, AQMD Federal Legislative Representative, reported that congress will be going into a lame-duck session and will be working until the first week of December when it is anticipated that smaller bills will be resolved, unlike the energy, water and transportation bills which have large money issues and may not be resolved. Ms. Jacquez also said that after the lame-duck session all bills are dead and will start over again with the new congress.

Ms. Jacquez mentioned that the Department of Energy has announced a $3 million grant for hydrogen re-fueling stations in Michigan and that she has drafted a letter to be sent to the Department of Energy to seek any potential funds for use in projects in California.

Ms. Jacquez also reported that there is some movement with the appropriations chairs and that Harry Reid from Nevada will be replacing Tom Daschle, the current Senate minority leader.

In addition, Ms. Jacquez reported that President Bush has outlined some major issues which include: social security; permanent tax breaks; medical malpractice; and the war on terrorism.

Sacramento Report/Update
Oscar Abarca, Assistant Deputy Executive Officer of Public Affairs, provided a brief summary of the state and local election results. Mr. Abarca said that the 2005-06 regular session of the Legislature will convene on December 6, 2004 and it is anticipated that committee assignments will be announced at that time.

Mr. Abarca said staff feels that the priorities for the State will focus on continuing to rein in the State’s fiscal problems, contingency planning for projected energy supply shortages and power outages which may have an impact on some of AQMD’s programs. Mr. Abarca further stated that staff’s immediate priorities will be to meet the new leadership in both houses and to promote AQMD’s approved legislative proposals.

2005 Session Year: Sacramento Legislative Proposals [Attachments 3a-3d]
Dr. Barry Wallerstein, Executive Officer, stated that at the last Legislative Committee meeting the committee previewed the following four legislative proposals for which staff is seeking approval:

1. Retrofit Requirement for Rail Yard Equipment;
2. Remote Sensing;
3. Locomotive Mitigation Bill;
4. Joint Resolution of the California Legislature

With regard to the Retrofit Requirements for Rail Yard Equipment, Board Member Bill Postmus asked what the current levels of emissions were from the rail yard equipment, and whether staff had estimated potential emission reductions.

Dr. Wallerstein indicated that staff has estimates, but that the equipment is virtually uncontrolled. In addition, Dr. Wallerstein stated that the proposal would give AQMD the authority to potentially require retrofits and that there could potentially be 85% or greater emission reductions from particulates, and an equivalent emissions reduction of toxic air contaminants.

For clarification, Dr. Wallerstein said that with regard to remote sensing, repairs would be done on a voluntary basis by asking the railroads to tune their gross-polluting engines, and that this proposal will provide staff with a better handle on emissions inventory data and other emissions characteristics. Currently, the state has similar programs for trucks, and passenger cars.

In response to a question from Committee Chair Bea LaPisto-Kirtley on whether the rail roads would be able to submit a proposal and receive clean air funds, Dr. Wallerstein responded that this would be possible at the discretion of the Board.

Board Member Bill Postmus requested a clarification on whether the legislative proposals include different fees. Dr. Wallerstein replied that there is one proposed mitigation fee, and that the other fee-related proposal is different and distinct. If CARB set-up a remote sensing program, then CARB would get the cost recovery for the procurement of the remote sensing equipment in that bill for that sole purpose and not for mitigation purposes.

The committee recommended approval of the Sacramento Legislative Proposals to be forwarded to the Board for their approval.

Other Business: None

Public Comments: None

Attachments:

1. Attendance Roster
2. Federal Legislative Status Report
3. 2005 Session Year: Sacramento Legislative Proposals

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