BOARD MEETING DATE: May 7, 2004
AGENDA NO. 26
Legislative Committee
SYNOPSIS:
The Legislative Committee considered agenda items including the following legislation for which the Board will consider approving a position:
AB2042 (Lowenthal) - Ports: Port of Los Angeles: Port of Long Beach: Air Pollution AB2683 (Lieber) - Air Pollution: Smog Check AB2880 (Pavley) - Vehicles: Registration: Fees: Increase AB2953 (Canciamilla) - Air Pollution: Carl Moyer Memorial Air Quality Standards Attainment Program: Eligibility Criteria
RECOMMENDED ACTION:
Receive and file this report and adopt 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 April 9, 2004. Present were Jane Carney, Committee Vice-Chair; and by videoconference were Bea LaPisto-Kirtley, Committee Chair, and Committee Members Roy Wilson, Michael Antonovich, Jan Perry, and Bill Postmus.
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:
AB2042 (Lowenthal) - Ports: Port of Los Angeles: Port of Long Beach: Air Pollution
This bill would require the Ports of Long Beach and Los Angeles ensure that all future growth at each port result in a zero net increase in air pollution. Staff had concerns with this bill when first introduced, however, the bill has been amended based on a number of discussions that staff has had with the author’s staff. The bill initially would have had the Ports of Long Beach and Los Angeles develop the baseline emissions; however, the bill has been amended to designate the air district as the entity responsible for developing the baseline. The bill also now specifies the years that reports are to be submitted, the sources of emissions that need to be analyzed, and provides for reimbursement to the air district for administrative costs. Staff recommends a support position. The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB2042.
AB2683 (Lieber) - Air Pollution: Smog Check
This bill would eliminate the 30-year rolling exemption for vehicles 30 years or older from the Smog Check Program, and would exempt from that program any motor vehicle manufactured prior to the 1976 model-year. Vehicles that are exempt from the Smog Check Program will not be required to be smog checked in the future. However, vehicles that are in the smog checked program today will continue to be smog check according to the standards already established for that vehicle model year. Staff has received input from the car hobbyists who oppose this bill, however, staff felt that this is a cost effective way of reducing emissions and recommends a support position.
Bill Quinn of CCEEB was present at the meeting and said that CCEEB is a cosponsor of this bill with the Bay Area Air Quality Management District and said they feel that it is important to get these additional emission reductions. He also said that this bill would not bring any additional vehicles into the program and requested support of this bill.
The Legislative Committee unanimously adopted staff's recommendation to SUPPORT AB2683.
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 (AB2766 program). This bill would increase the surcharge on motor vehicle registrations from the existing $4 to $6. At the March Legislative Committee meeting, staff was requested to Watch this bill and determine the state’s position. Staff has spoken with the Governor’s Office and CARB, however, they have not taken any position as of yet. Staff is recommending continuing to Watch this bill until the Governor has taken a position. The Legislative Committee unanimously adopted staff's recommendation to continue to WATCH AB2880.
AB2953 (Canciamilla) - Air Pollution: Carl Moyer Memorial Air Quality Standards Attainment Program: Eligibility Criteria
This bill would allow local air districts to authorize Carl Moyer funding for new purchases, retrofits, repowers, or add-on equipment for agricultural sources of air pollution even if required by law, memoranda of agreement or understanding, or other legally binding document. This bill would also authorize Carl Moyer funding for agricultural sources of air pollution even if the State Implementation Plan assumes that the change in equipment, vehicles, or operations will occur, whether or not the change is required by a statute, regulation, or other legally binding document in effect on the date the grant is awarded. Currently, the Carl Moyer Program is not supposed to fund projects that are required by rule or regulation or some other enforceable approach. Staff believes that this is a bad precedent, given the fact that AQMD is currently in the planning stages of developing a rule for agricultural equipment. Staff is recommending an oppose position. Barry Wallerstein, Executive Officer, also commented that we should avoid treating any one industry differently from others. The Legislative Committee adopted staff's recommendation to OPPOSE AB2953. Board Member Bill Postmus dissented.
Federal Sources: Legislative Concepts
Peter Greenwald, Senior Policy Advisor, provided the committee with a brief presentation on a concept for a strategy to seek emission reductions from federal sources such as locomotives, marine vessels, aircraft and interstate trucks. The concept has four elements. First, federal legislation would require U.S. EPA to establish technology-forcing standards for a portion of new and existing locomotives, marine vessels and aircraft. Second, federal requirements or incentives should be initiated to route cleanest units to the most polluted 8-hour ozone and PM 2.5 nonattainment areas. Third, we should create a coalition of responsible agencies within 8-hour ozone and PM 2.5 nonattainment areas to support the legislation; and finally, until federal law is amended, make maximum use of existing state and local authorities (e.g., California waiver, indirect source; and general conformity); and seek interstate control agreements to avoid competitive disadvantages.
The next step in this concept will be for staff to develop specific legislative proposals; confer with other nonattainment areas to develop joint proposals; seek an author; and report the progress back to the committee. The Legislative Committee approved this legislative concept and will forward to the Governing Board for their approval.
Federal Report [Attachment 3]
Lynn Jacquez reported that the Senate passed the Transportation Reauthorization Bill. However, there is still the threat of a presidential veto of the bill. She said that they would be requesting an AQMD analysis of NEPA and the Clean Air Act, due within three weeks. Lynn needs the information to develop a position on those Acts.
Sacramento Report/Update [Attachment 4]
Allan Lind, AQMD State Legislative Consultant, reported that AQMD-sponsored Bills SB1397 and SB1247 are making good progress. SB1397 is set for hearing on Monday at which Executive Officer, Barry Wallerstein will be testifying. He also reported that at this time there is one opposition letter from the railroads. With regard to SB1247, staff continues to encourage dialog with the regulated community. The bill is set for hearing on April 19. He also reported that during the next several weeks bills will be amended since many bills were "spot bills" introduced at the beginning of the year.
Board Member Mike Antonoivch requested information pertaining to the "drop dead" date with regards to Workers Compensation to avoid the ballot measure in November. Allan Lind reported that he did not know the date, but would find out and provide Board Member Antonovich with the information.
Allan Lind also commented with regard to the Legislative Concepts presented by Peter Greenwald and said that it is time for AQMD to begin drafting a legislative resolution and to seek an author to carry the bill. Barry Wallerstein said that any draft resolution prepared would be brought back to the committee prior to being presented to any legislator.
Other Business
None.
Public Comments
None.
Attachments (9,313 KB)
- Attendance Roster
- Recommended Positions on Legislation
- Federal Legislative Status Report
- Sacramento Update
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