BOARD MEETING DATE: September 9, 2005
AGENDA NO. 26
Legislative Committee
SYNOPSIS:
The Legislative Committee held its regular meeting on Friday, July 15, 2005. The next Legislative Committee meeting is scheduled for Friday, October 7, 2005, 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]
Vice-Chair Jane Carney was present. In attendance via video conference were Committee Chair Beatrice J.S. LaPisto-Kirtley, and Committee Members Michael Antonovich, Jan Perry and Roy Wilson.
Sacramento Report/Update [Attachment 2]
Jared Ficker and Chris Micheli, AQMD Sacramento consultants, reported on AQMD’s railroad-related bills. AB 1222 (Jones) is pending on the Senate floor, until they return from their summer recess. SB 459 (Romero) was heard and testimony provided in the Assembly Transportation Committee.
Oscar Abarca, Assistant DEO, stated that the bills were not moved on their respective hearing date due to the "surprise" announcement that an agreement was reached between CARB and the two railroad companies (Union Pacific and Burlington Northern Santa Fe) which created confusion among several committee members and so it was decided that the bills should not move forward on their hearing date.
Mr. Ficker said that during the past two weeks they have distributed to members of the Senate and Assembly, AQMD’s letter to CARB’s Board members which raises AQMD’s concerns of the MOU. He also said that there have been discussions of a legislative oversight hearing.
Mr. Abarca said that CARB has a meeting in Sacramento on July 21 and an item on the agenda for discussion is whether or not CARB’s Board should modify or remove the authority of their Executive Officer to enter into future MOUs without full ratification of their Board. Dr. Wallerstein said that at this time there is no written material for that agenda item, and that staff will continue to request any documents that pertain to this item.
Allan Lind, AQMD Sacramento consultant, reported that the Governor has signed the budget. He highlighted the following items: $88.5 million for the Carl Moyer program (South Coast to receive approximately $36 million); $25 million for school bus replacement and retrofit (half of the money for the replacement of pre-77 buses with the remaining funds used to retrofit buses); and $6.5 million for the Governor’s Hydrogen Highways Initiative.
Mr. Lind said that the school bus replacement and retrofit program will be administered by CARB. Dr. Wallerstein said that he was extremely disappointed with this aspect. He said that staff was contacted by legislative staff regarding the language and AQMD’s recommendation was that unlike local air districts, CARB has never dispersed money directly to school districts, and does not have any established programs, mechanisms or expertise in areas such as this. In addition he did not feel that school districts should have to apply to different sources for the money. The committee directed staff to follow-up with Senator Perata’s staff (the author of the bill regarding school buses) to propose a change in the program handling for local air districts.
Mr. Lind reported the expansion of CARB’s heavy duty vehicle inspection program along the California/Mexican border. He also said that under the Business and Transportation section of the budget there is an augmentation for $2 million to provide for grants to metal plating facilities should AB 721 (Nunez) get enacted.
Urgency Items
Because the legislative committee will not meet in the months of August and September, two motions were brought before the committee to add AB 721 (Nunez) and AB 1221 (Jones) to the agenda. Duly moved, seconded and approved.
AB 721 (Nunez) Metal Plating Facilities, Pollution Prevention Fund
Ms. Jan Perry expressed her anger and concern with AB 721 (Nunez). She said that Speaker Nunez had recently been at a press conference with members of ACORN at 28th Street Elementary School which is less than 500 feet of a metal plating facility and that although she understands that metal plating facilities need to upgrade, she wanted to go on the record as personally opposing this bill. She said that when this bill was presented to the committee it was her intention to have these types of facilities move away from sensitive receptor areas, and not to help them upgrade and stay at the same location. She would like amended language in the bill that no incentives be provided to metal plating facilities unless they relocate away from sensitive receptor areas. She said that she would be receptive to working on amendment language assuming that she would have sufficient time to work with her City.
A motion was brought before the committee by Ms. Perry which directed staff to work with Speaker Nunez’ Office to express strong concerns regarding the incentive to assist metal plating operators who do not relocate away from sensitive receptor areas. In addition, Ms. Perry personally withdrew her prior support position on AB 721, and now stands opposed to this bill.
AB 1221 (Jones) Air Pollution, California Air Resources Board
Dr. Wallerstein said that this bill is continuing to move in the legislative process. This bill is currently on AQMD’s watch list. This bill would add an additional seat to CARB’s Board from the Sacramento Metropolitan Air District and one global warming expert.
The committee took no action and staff will continue to watch this bill.
Federal Report/Update [Attachment 3]
Lynn Jacquez, AQMD federal legislative consultant, reported that all bills have been moved out of the House. This was accomplished by avoiding any kind of controversial designated funding (earmarking) in the House bills which will go to conferees. On the Senate side, they have one bill out of the floor.
She said they are continuing to watch the Water Appropriations Bill, and will continue to work with Congressman Doolittle’s Office in securing second year funding for the hydrogen programs.
She also reported that they are working with AQMD staff in preparing position letters for H.R. 3 (Surface Transportation Bill). She believes that there may be an extension until August 31 to get the bill through. The Energy Bill (H.R. 6) is starting to move with discussions on the MTBE issue.
She said that the conferees have been named and they are working with Congressman Solis and Bono. They are watching the refinery issue, LNG siting issue, and hydrogen vehicle credit.
Update on Proposal to Modify the Composition of the AQMD Governing Board [Attachment 4]
Dr. Ganguli provided an update to South Bay Cities Council of Governments’ (SBC COG) proposal to modify the composition of the AQMD Governing Board. At this time, SBC COG has provided four draft alternatives which were included in the agenda package. Alternative 1 is to have a rotating alternate for the Western Sector of Los Angeles County. Alternative 1A would provide for two at-large seats within Los Angeles County. Alternatives 2 and 3 would result in a 13-member board. He said that it was important to note that Alternative 3 would take the three Sacramento appointees and allocate them to Orange, San Bernardino, and Riverside County and that there would be a realignment of the cities within Los Angeles. Alternative 4 would add 8 new seats (2 from each county) to the AQMD Board resulting in a 20-member board. He also said that the Los Angeles Division of the League of California Cities is favoring alternatives 4, 3 and 2 (in that order).
Vice Chair Carney said that she feels this shows that there is an interest from local government to participate in AQMD activities. She suggested that staff provide the committee with a list of actions that AQMD has taken in order to address their interests. She also requested that staff look into the possibility of separating the Local Government and Small Business Assistance Advisory Group which would allow for a broader membership. She also said that if this turns into legislation, staff should have a position prepared. She requested that staff report back at the next Legislative Committee meeting with a report on the origin of the creation of the AQMD Governing Board (what was intended to be achieved by the current Board composition).
Ms. Perry said that she had asked SBC COG’s consultant to interview the Board members and wanted to know the status. Dr. Wallerstein replied that staff will ask the consultant to speak directly with the Governing Board members.
Ms. Perry said that she would like to offer the assistance of Michael Karsch, legislative analyst from the Los Angeles Chief Legislative Analysis Office who may be available to provide institutional background and documentation, if any, on the basis for the formation of the AQMD Board from the City of Los Angeles perspective as well.
Chair LaPisto-Kirtley said that she is opposed to Alternative 4 because she felt that with a 20-member Board there would not be a close working relationship.
Extend Contract for Legislative Representation in Sacramento, California
(Refer to Governing Board Agenda Item 8)
Mr. Abarca reported that the current contract for Senator Richard Polanco (Tres Es, Inc.) expires in November and because this committee will not meet in August and September this matter is being brought before the committee for their action. This matter will also be heard by the Administrative Committee.
The current contract provides for an option of two one-year extensions. Staff said that one of the reasons for the success of AQMD’s legislative agenda was due to Senator Polanco’s performance and personal involvement. Staff recommends the extension of Senator Polanco’s contract for one year for an amount not to exceed $153,120 for the year 2006.
Dr. Wallerstein commented that in his 20-plus-year experience, Senator Polanco is the single best consultant that AQMD has ever had that he has worked with.
Other Business: None
Public Comments: None
Attachments (EXE 178kb)
- Attendance Roster
- Sacramento Report/Update
- Federal Report/Update
- Update on Proposal to Modify the Composition of the AQMD Governing Board
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