BOARD MEETING DATE: February 4, 2005
AGENDA NO. 22

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, January 14, 2005. The next Legislative Committee meeting is scheduled for Friday, February 11, 2005, at 8:00 a.m., in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file.

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

Attendance [Attachment 1]

Present by videoconference were Committee Chair Beatrice LaPisto-Kirtley and Committee Members Roy Wilson, and Michael Antonovich. Committee Vice-Chair Jane Carney and Committee Member Jan Perry were not in attendance.

Federal Report/Update

Lynn Jacquez, AQMD federal legislative consultant, reported that Congress members convened in the first week of January and were sworn in. Committees are starting to select their leaders. She reported that there are now six California representatives who chair House committees, including Congressman David Dreier (who will remain Chair of the Rules Committee) and the ascension of Congressman Jerry Lewis to Chair of the House Appropriations Committee. She also reported that Senator Dianne Feinstein has joined the Energy and Natural Resources Committee and is awaiting her assignments on the Appropriations Committee. Congress will meet again after the Inauguration activities and committees will begin setting agendas the following week.

Ms. Jacquez also reported the departure of Jeff Shockey from their firm. He will now serve as Jerry Lewis’ Deputy Chief of Staff on the House Appropriations Committee.

Sacramento Update

Allan Lind, AQMD state legislative representative, reported that the legislature has convened and legislators are considering what legislation they will introduce this year. He reported the following changes in leadership:

Senate:
Senator Perata, President Pro Tem
Senator Lowenthal, Chair, Environmental Quality Committee
Senator Torlakson, Chair, Transportation Committee

Assembly:
Assembly Member Ira Ruskin, Chair, Environmental Safety Committee

Mr. Lind felt that the legislature this year will be chiefly focused on the state budget process because of the proposal that the Governor has brought into play to balance his budget. This includes the recommendations in the California Performance Review report, which will include the list of boards that the Governor wishes to be eliminated. Mr. Lind added that the Inspection and Maintenance Advisory Committee is on that list.

Mr. Lind reported that 175 bills have been introduced in the state legislature so far, but he anticipates that number of bills will rise to at least 3,000 by the end of February. He reported that two bills of interest to the AQMD are SB 44 by Senator Kehoe, which would require an Air Quality Element to be made part of local General Plans, and AB 322 by Assembly Member Fran Pavley that deals with the registry of green house gas emissions.

Mr. Lind also reported that the CARB’s budget has increased. Most of the budget increase is from Carl Moyer funds that air districts were able to secure last year. AQMD will be receiving approximately 43% of the Moyer funds (based on population). CARB will add over 50 positions to their budget with half expected to administer the Moyer money.

Oscar Abarca, Assistant Deputy Executive Officer of Public Affairs, mentioned that he and Executive Officer Barry Wallerstein were recently in Sacramento meeting with several legislators. Assembly Member Gloria Negrete-McLeod has expressed interest in co-hosting with AQMD a legislative summit in her area (San Bernardino), which would include congressional representatives from the San Bernardino area. Assembly Member Judy Chu has requested that AQMD co-host a town hall meeting in the City of Rosemead to discuss air quality concerns.

Mr. Abarca also reported that the South Bay COG will be meeting later this month to discuss the possibility of introducing new legislation, similar to legislation introduced last year, which would add another member to AQMD’s Governing Board from the Western Cities of Los Angeles. Staff will attend the COG meetings and seek further direction from this committee on how to respond to this type of legislation.

Mr. Abarca said that staff has received a copy of Los Angeles County’s proposed legislative agenda. Upon reviewing the agenda, staff noted that AQMD is concerned with several of Los Angeles County’s legislative proposals. AQMD has sent a letter communicating its concern about a legislative proposal to support the expansion of electric generation supply in California, including a waiver of air quality emission standards when electricity supply is critically low and about a proposal to support an emission exemption for public safety agencies to extend the use of emergency generators when electrical blackouts are imminent or occurring. Staff is concerned about the extended use of the emergency generators, even if it is limited to public safety agencies, because of the high toxicity of emissions associated with the burning of diesel fuel by these generators.

Supervisor Antonovich stated that the county wants to ensure that public safety agencies (including hospitals and penal institutions) are able to meet emergency demands, without worrying about permit problems.

Dr. Wallerstein commented that staff is in agreement with Supervisor Antonovich and would like the opportunity to meet with the County staff to address their concerns. He stated that he felt this matter could easily be addressed by AQMD staff and that there is no need to introduce new legislation on this issue. He added that AQMD staff should have a discussion with Los Angeles County staff prior to the County proposing new legislation. AQMD staff will initiate this discussion.

Supervisor Roy Wilson agreed with Supervisor Antonovich’s suggestion that staff meet with Los Angeles County representatives to identify their concerns. He said that if AQMD staff met with representatives from Los Angeles County, then AQMD could apply the recommendations to other counties, which would eliminate duplicative efforts with other counties in AQMD’s jurisdiction.

Mr. Abarca stated that draft language on AQMD’s four bills has been provided to legislative counsel in Sacramento. Staff is working with CARB to address any concerns that they may have. Staff is also working on potential authors for the bills.

Aside from AQMD’s legislation, Dr. Wallerstein informed the committee that the California Air Pollution Control Officers Association (CAPCOA) will be sponsoring three bills this year. The first bill deals with Carl Moyer funding; the second with inspections and fees associated with portable engines; and the third bill with an air toxics risk assessment for "magnet sources," which include marine ports, airports, railyards and large warehouse operations.

Other Business.

None

Public Committee

None

Attachment

Attendance Roster

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