BOARD MEETING DATE: June 4, 2004
AGENDA NO. 30
Legislative Committee
SYNOPSIS:
The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving a position:
RECOMMENDED ACTION:
Receive and file this report and adopt positions on the bills as specified in this letter.
Michael Antonovich, Acting Chair
Legislative Committee
Attendance [Attachment 1] In attendance by videoconference were Committee Members Michael Antonovich (Acting Chair), Roy Wilson, and Jan Perry. Committee Chair, Bea LaPisto-Kirtley and Committee Vice-Chair, Jane Carney and Supervisor Bill Postmus were unable to attend.
Recommended Positions on Five Bills [Attachment 2]
Staff provided analyses and position recommendations on five bills. A brief description of each bill is provided below.
AB 2041 (Lowenthal) Ports: Congestion
This bill would establish the Port Congestion Management District ("PCMD") as an entity of local government, governed by a board consisting of 7 specified members appointed by, and serving indefinite terms at the pleasure of, the Secretary of Business, Transportation and Housing. This bill contains other related provisions and other existing laws. AB 2041 would induce a shift of on-road heavy-duty port traffic from daylight hours to night time hours and weekends by requiring a fee from shippers who order pickup from ports between 8:00 a.m. and 5:00 p.m., Monday through Friday. Contained within the bill’s amendment on April 1, 2004, is language that specifies that the proposed congestion fee would not become operable if either a local jurisdiction imposes a separate fee on containers or if it is determined that at least 20 percent of the inbound cargo travels during off-peak hours.
Staff recommends a support position with the addition of the following four provisions: 1) Require the PCMD to include a representative from the CARB or AQMD; 2) Require congestion relief projects to achieve an air quality benefit; 3) Congestion relief projects be developed in collaboration with either CARB or AQMD; and 4) Prioritize projects in environmental justice areas. The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB 2041 WITH AMENDMENTS.
AB 2043 (Lowenthal) Maritime Port Strategic Master Plan Task Force
This bill would establish the Maritime Port Strategic Master Plan Task Force. This Task Force would consist of 12 specified members required to meet, hold public hearings, and compile data on certain issues relating to growth and congestion at maritime ports. A task force fund would be established requiring each maritime port to submit an unspecified amount of money annually to cover the costs incurred by the task force. AB 2043 would prohibit task force funding from the State General Fund. This bill would require the task force to compile specified information and submit its findings in a report to the Legislature not later than January 1, 2006, including recommendations on methods to better manage the growth of maritime ports and address the environmental impacts of moving goods through those ports.
Staff recommends a support position with the amendment that the bill specifies that the membership of the Governing Board includes a member of CARB or AQMD. The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB 2043 WITH AMENDMENTS.
AB 2541 (Frommer) Low Emission Contractor Incentive Program
This bill would require the Department of General Services to establish a program that would provide bid preference for all state contracts for bidders using low emission equipment and vehicles and/or implementing rideshare programs.
Staff recommends a support position with an amendment for specific language to be included for additional bonus points for fleets that agree to put particulate traps on their diesel vehicles. The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB 2541 WITH AMENDMENTS.
AB 2644 (Oropeza) Air Pollution: Schoolbus Idling at Schools
This bill codifies into the Health & Safety Code an Air Toxic Control Measure ("ATCM") adopted by the CARB Board in June 2004, which limits idling of school buses and other transit buses at school sites, and within 100 feet of school sites, to five minutes in any one hour. It also prohibits bus startups to no more than 30 seconds prior to departure from school.
Staff recommends a support position. The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB 2644.
AB 3104 (Firebaugh) Air Pollution: Environmental Health and Air Quality Funding Act of 2004
This bill imposes an as yet unspecified fee on motor vehicle fuels to fund air pollution reduction programs. This bill would establish a long-term, stable source of funding for the Carl Moyer Memorial Air Quality Standards Attainment Program, the Lower-Emission School Bus Program, and Voluntary Accelerated Light-Duty Vehicle Retirement Enterprise programs. Oscar Abarca said that this bill is in the same subject area as AQMD's proposed Senate Bill 1247 by Nell Soto. AB 3104 has been sent to the Assembly suspense file.
Executive Officer Barry Wallerstein commented that the difference between SB 1247 and AB 3104 are some technical points as to the scope of the Moyer program and the types of sources covered. AB 3104 has a single funding mechanism of an increase in fees at the rack when diesel and motor vehicle fuels are loaded to delivery trucks. In addition, Dr. Wallerstein said that with regard to SB1247, staff has been meeting with the business community and environmental groups and is seeking input from the Administration in Sacramento regarding what range of fee mechanisms might be appropriate. Dr. Wallerstein stated that staff feels that the concept of the bill is good. However, staff would like to work with the author on appropriate fee mechanism(s). The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB 3104 IN CONCEPT AND HAVE STAFF WORK WITH AUTHOR ON APPROPRIATE FUNDING MECHANISM(S).
Federal Report [Attachment 2]
Lynn Jacquez, AQMD Federal Legislative Consultant, reported that they have been monitoring the continuing activities with the Senate Energy Bill and the Transportation Bill. She reported that they do not expect any movement and that if funding issues are not resolved by July 1, there will be a long-term extension of the Authorization Bill. If that happens existing programs will continue and a lot of the alternative fuel programs and improvements that AQMD has worked on in the CMAQ process will be put off until next year.
Michael Kubayanda reported that the Senate passed the CLEAR Act earlier this week as part of S.1637, a bill that reforms the tax code to conform to international trade laws. This is a more complete version of the CLEAR Act than what was in last year’s Energy Bill. It includes a new alternative fuel equipment tax credit, a tax credit for the retail sale of alternative fuels, and a tax credit for electric vehicles. The House has not taken up their version of the trade and tax bill, which is being rewritten to also include energy tax incentives, so there is a good chance the CLEAR Act will be included. However, the House also wanted to address some tax incentives for energy exploration, which are not in the Senate version.
In addition, Lynn Jacquez reported that that they have assisted the Senate in helping to establish a hydrogen and fuel cell caucus. They have also been helping Congressman Cox to round up congressional sponsors as well as private entities or outside entities’ endorsement of his hydrogen infrastructure incentive bill. It is expected that the Defense Appropriations Bill and possibly Home Land Security Bill will start moving shortly after the Memorial Day recess.
Sacramento Report/Update [Attachment 3]
Allan Lind, AQMD State Legislative Consultant, reported that Senator Brulte has turned over his leadership post to Senator Ackerman.
Regarding the two AQMD-sponsored bills (SB 1247 and SB 1397): SB 1397 has made it through its respective policy and fiscal committees in the Senate and is now on the Senate Floor and available for action within the next two weeks. SB 1247 has been through its first policy committee. It was double-referred to the Senate Environmental Quality and Transportation Committees. We received a technical rule waiver permitting the bill to be heard in the Senate Transportation Committee. Votes in both the Rules and State Environmental Quality committees were unanimous.
Mr. Lind also reported that Assembly Speaker Nunez has requested assistance with the metal plating industry impact in his community. Councilwoman Perry testified at a hearing this week regarding the Speaker’s chrome plating operations issues and it was clear from his comments that he was thankful for her attendance.
In addition, Mr. Lind met with Joe Desmond, the Governor’s Energy Advisor on May 13, 2004. Mr. Desmond has expressed an interest in learning more about AQMD’s RECLAIM program and is interested in seeing if it can be expanded statewide.
Other Business: None
Public Comments: None
Attachments (8,872 KB)
- Attendance Roster
- Recommended Positions on Legislation
- Federal Legislative Status Report
- Sacramento Update
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