BOARD MEETING DATE: December 2, 2005
AGENDA NO. 22

Legislative Committee

SYNPOSIS:

The Legislative Committee held its regular meeting on Thursday, November 10, 2005 and has reviewed the AQMD’s Draft 2006 State and Federal Legislative Goals and Objectives and recommends them for adoption. The next Legislative Committee meeting is scheduled for Friday, December 9, 2005, at 8:00 a.m. in Conference Room CC8.

RECOMMENDED ACTIONS:

Approve the proposed 2006 State and Federal Legislative Goals and Objectives.

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

Attendance [Attachment 1]

The Legislative Committee met on November 10, 2005. Present via telephone conference was AQMD Governing Board Chair Dr. William A. Burke. Present by videoconference were Bea LaPisto-Kirtley, Committee Chair, and Committee Members, Roy Wilson, and Michael Antonovich. Vice Chair, Jane Carney was also present.

Discussion of Contracts for Legislative Representation in
Sacramento, California

Oscar Abarca, Assistant DEO/Public Affairs, reported that at the October 14 Legislative Committee meeting, the committee made a recommendation to extend the contracts for Allan Lind & Associates and California Strategies and Advocacy, LLC for legislative representation in Sacramento. However, at the November 4 AQMD Governing Board meeting, the Board directed staff to bring this item back to the committee for further discussion and action.

Dr. William A. Burke, AQMD Board Chair expressed some concerns and said that he would personally be evaluating all Legislative consultants more carefully next year.

Vice Chair Jane Carney said that she agreed with Dr. Burke that AQMD needs to carefully re-evaluate the performance of each of the consultants to see the real value of the money being expended on the contracts. She further said that the consultants did not convince her with last year’s performance and that she would be looking at an enhanced performance from each of them for next year. Chair Bea La Pisto-Kirtley also shared the same concerns.

Supervisor Roy Wilson suggested that AQMD staff prepare a report over the coming year on how the three Sacramento consultants work together and how they are used individually in different situations.

Chair Bea LaPisto-Kirtley agreed with Supervisor Wilson and directed staff to prepare a short document delineating the performance of each contractor when this item is presented to the full Board.

The Legislative Committee agreed to recommend that the Board extend the contracts for legislative representation in Sacramento, California to Allan Lind and Associates for an amount not to exceed $102,108 and to California Strategies and Advocacy, LLC for an amount not to exceed $186,480 per year. [Refer to the December 2, 2005 Board Agenda Item #4 for additional information on this item.]

Draft Legislative Proposals for 2006 [Attachment 2]

Mr. Abarca presented the following 2006 Legislative Goals and Objectives which will be the foundation for the 2006 legislative year for Sacramento and Washington, DC:

State:

• Continue to pursue passage of AQMD-sponsored SB 459 (Romero)
  Railroad Locomotive Emissions Mitigation Program;*
• Continue to pursue passage of AQMD-sponsored AB 888 (De La Torre)
  Rail Yard Emissions Reduction Program;
• Continue to pursue funding for diesel emission reduction;*
• Continue to pursue greater funding for Carl Moyer Program;
• Pursue adoption of a shipping-container fee (or other mechanism) to fund a cleanup at the ports;**
• Identify and secure additional funding for AQMD’s operational programs.

Federal:

• • Early introduction of 0.2 NOx engines;*
• Secure California fair share of federal funding (i.e., diesel emissions reductions)*
• Long Term Federal Goals:*
  • Require EPA to adopt standards based on BACT for marine vessels/trains/airports
  • Foreign marine vessel emission limit
  • Require EPA to require retrofit controls for locomotives;
• Pursue additional funding for H2 and fuel cell technology projects;*
• Protect AQMD’s permitting and enforcement authority;* and,
• Require EPA to adopt strict emission standards for marine vessels.**

* Continuation of Board-approved 2005 concepts.
** Part of AQMD Governing Board Chairman Burke’s Clean Port Initiative

Ms. Carney requested that the federal consulting firm outline how they intend to pursue each of the goals, so that AQMD can track the progress of specific goals as opposed to the reporting of monthly activities in Washington DC.

Dr. Wallerstein said that with regard to the State goal of identifying and securing additional funding for AQMD’s operational programs that staff would report back within the next month or two with a specific proposal for approval.

Chair Bea LaPisto-Kirtley requested that staff look at the effects of nano particles on health and to secure funding in this area, and investigate what is being done at either the state, federal or international level to address this issue.

Staff to add to Federal Goals and Objectives:

• Study effects of nano particles on health and seek funding in this area.

The Legislative Committee approved the Draft 2006 State and Federal Legislative Goals and Objectives, with the additions and qualifications noted above.

Sacramento Report/Update [Attachment 3]

Allan Lind, AQMD Sacramento consultant, reported that air quality continues to be an important environmental policy to the Governor and Administration. Mr. Lind felt that because of this AQMD has seen a number of important successes in moving their legislative agenda forward.

With regard to the three railroad bills sponsored by the AQMD (AB 888, AB 1222 and SB 459), the Governor has signed AB 1222. The Governor has signed over 23 air bills, with nine of importance to AQMD. He also reported that AQMD is receiving about $56 million a year through the Carl Moyer program which did not exist until legislation from the prior year. This funding is generated from SB 1107 and AB 923. AQMD is continuing to work on expanding this funding.

Mr. Lind noted that next year there is proposed legislation for school bus funding, and environmental justice empowerment in communities. There is also an infrastructure initiative proposal that will be coming from both the Senate and Assembly that will include substantial funding for goods movement and for housing. He expects it to be a busy legislative year since it is an election year.

Vice Chair Carney asked if staff prepares a report to legislators who have supported the Carl Moyer program detailing how the money was spent. Mr. Abarca replied that staff has individual briefings with legislators in which staff showcases how the money is spent to produce needed emission reductions. He also said that the Technology Advancement Office prepares an Annual Report that specifically shows spending and the work plan for the following year.

Mr. Ficker also reported committee changes in the Senate. Senator Migden stepped down as Chair of the Appropriations Committee and was replaced by Senator Murray of Los Angeles. Senator Lowenthal is the new Chair of Transportation and Housing and Senator Simitian of Palo Alto is the new Chair of Environmental Quality.

Federal Report/Update [Attachment 4]

Chris Strobel, Washington DC consultant reported that they participated in a diesel emission reductions coalition meeting that was coordinated by Senators Vonovich, Clinton and Carper. This is a year long strategy targeting full funding for the Diesel Emissions Reduction Act. The coalition has prepared and sent a letter to the President requesting $2 million in diesel emission reductions funding in the Fiscal Year 2007 budget. In their internal meetings, they are pushing for increases that include California receiving the level of funding corresponding to the leadership role that AQMD is playing in this area. The President will be releasing his budget in early February 2006. He also said that there is a possibility that Senate Energy Natural Resources Committee may attempt to move forward on refinery legislation. There has been discussion of the Artic National Wildlife Refuge and the possible sale and leasing of public land, which is in the contents of the Budget Reconciliation bill. He said that it is his belief that it is highly doubtful that this bill will pass. Regarding the Refinery bill, it appears to be dead but is still being monitored.

Public Comment

None

Attachment(s) (EXE 136KB)
Attendance Roster
Draft 2006 State and Federal Legislative Goals and Objectives
Sacramento Report/Update
Federal Report/Update

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