BOARD MEETING DATE: January 9, 2004
AGENDA NO. 18

REPORT:

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, December 12, 2003. The next Legislative Committee meeting is scheduled for Friday, January 16, 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]

Present by videoconference were Committee Chair Beatrice LaPisto-Kirtley and Committee Members Michael Antonovich, and S. Roy Wilson. Committee Vice-Chair Jane Carney and Committee Member William Burke were unable to attend.

Washington Report/Update [Attachment 2]

Lynn Jacquez, AQMD federal legislative representative, reported that there was no final appropriations bill for 2004. She said that the House and Senate will return January 20, 2004 and it is expected that the Senate will then turn its attention to the Omnibus Appropriations Bill. This means that U.S. EPA is still not funded and is still under a continuing resolution which expires on January 31. The Energy & Water Appropriations Bill for hydrogen infrastructure passed as a stand-alone bill. She also reported that the Energy Bill did not pass in the final days of session. With regard to the Kit Bond provision, it did not make it into the bill, but they have a compromise that is satisfactory to us. The Transportation and Infrastructure Committee introduced the Surface Transportation Reauthorization bill (known as TEA-LU); however it did not include a funding mechanism, allocation formula, nor ideas on how to fund the $375 billion program determined to be needed for the next seven year cycle. Currently there is a place-holder for a fuel cell bus program. There are provisions that would fund alternative fuel buses through a grant program from trust fund monies.

Sacramento Update

Allan Lind, AQMD state legislative representative, reported that a bond issue and a constitutional amendment declaring a balanced budget to be the state policy were passed by the Assembly and are expected to be passed by the Senate on December 13. The actions will create two ballot measures and go directly to the Secretary of State to appear on the March 2nd ballot. These proposals do not have any direct impact on the air quality programs of the state of California because these programs are primarily funded from special sources, particularly the Motor Vehicle Account. AQMD Governing Board Member Aguiar has been appointed to a Governor’s Cabinet post.

There have been a number of inquiries from members of the legislature, particularly from the South Coast delegation, wanting to know what they can do to help protect air quality. In response, he shared the AQMP along with the list of suggestions recently provided by AQMD to the California Air Resource Board (CARB) on how CARB can achieve targeted reductions in the State Implementation Plan (SIP).

Staff from Assemblyman Firebaugh’s office (author of AB 1063, AQMD Retrofit Controls and Mitigation Fees - sponsored by AQMD last year) has indicated a desire to resurrect that legislation this year. There is a feeling that the scope of the bill was too broad and that may have contributed to its inability to achieve necessary support in the Transportation Committee. Firebaugh’s staff is suggesting that the scope of the bill be narrowed. AQMD Legislative Committee members, having previously recommended support of the original version of AB 1063 (with the full concurrence of the Governing Board) voiced no objections.

There is also a continuing discussion on SB 981, the Children’s Health and Pollution Remediation Act of 2003 (Soto), which was referred to as the petroleum mitigation fee legislation. There are a number of groups in Sacramento, primarily from the environmental community, that have engaged CAPCOA in continuing discussions on how to address that subject in the coming year. There is an ongoing interest on behalf of these groups in finding a way to mitigate tailpipe emissions through a new fee mechanism. They want to narrow the scope of the programs that will be funded, and are trying to establish a more compelling nexus for program funding sources. Discussions need to take place regarding whether to resurrect bills from last year, which need to pass out of the house of origin by the end of January, or introduce a new bill that would have three months in order to pass out of its house of origin.

Mr. Lind also reported that AQMD staff arranged a State of the Air Quality Legislative Staff Briefing, co-sponsored by Assembly Member Marco Firebaugh, to brief local district offices of South Coast delegation members. The event was well received by the staff people in attendance. There could be additional opportunities for a follow-up briefing for legislative staff that were unable to attend the previous meeting. AQMD is also looking at organizing a similar event, possibly in February, in Sacramento. Coachella Valley Assembly Member Bonnie Garcia has expressed a desire to co-sponsor a similar legislative staff briefing in that area. Governing Board Member Wilson offered his assistance and suggested that CVAG also be involved.

Other Business

None

Public Committee

None

Attachments

  1. Attendance Roster
  2. Federal Legislative Status Report

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