BOARD MEETING DATE: April 7, 2006
AGENDA NO. 22

Legislative Committee

SYNOPSIS:

The Legislative Committee considered agenda items including the following state legislation for which the Board will consider a position:

RECOMMENDED ACTION

Receive and file this report and adopt positions on the bills specified in this letter.

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

Attendance [Attachment 1]

The Legislative Committee met on March 10, 2006. Present was Committee Vice Chair Jane Carney. Present, by videoconference, were Committee Chair Bea LaPisto-Kirtley and Committee Members Roy Wilson, Michael Antonovich and Jan Perry.

Update on Bond Measures [Attachment 2]

Jared Ficker, AQMD Sacramento consultant, provided an update on the bond measures. (A copy of his presentation is attached.) Because of the rush attempt to get the bonds on the June ballot, most of the discussions with legislators and the Governor have been on broad categories of funding, rather than the specifics of the implementation and associated  policy. The current proposal includes air quality mitigation funds but at this time the terms are unclear.  

Mr. Ficker said that the consultants have met and briefed legislators, staff and committees on AQMD’s Goods Movement funding principles and priorities, and are working with the administration to convey the need for emissions mitigation as relates to goods movement. He also said that they have emphasized the importance of having the air quality districts provide input or have some involvement in the administration and disbursement of funds. They are also stressing the importance of allocating some of the funds into a “Carl Moyer” type program. A handout was provided, copy attached, of CAPCOA’s recommendations for Air Quality Emission Control Measures for Sources in Goods Movement. Oscar Abarca said that although it is under CAPCOA’s name it was prepared in large part by AQMD staff, at the direction of the Governing Board’ to compile a list of available mitigation actions relative to goods movement. Staff will continue to refine this document

Dr. Wallerstein said that he has attended several meetings and that CARB believes the entire mitigation monies will flow to them, and from CARB to the recipients, not through local districts. He said that this CARB position reflects the fact that the Carl Moyer monies today flow into local air districts, and since CARB only keeps 10%, CARB believes that it should administer those monies.

Dr. Wallerstein said that CARB’s highest priorities are $400 million for truck modernization for trucks visiting the ports, and change-out of all switcher locomotives with lower emission technologies (some of which is already occurring).

Dr. Wallerstein made a comment that  no one knows where the matching funds will come from with regard to the $1 billion for environmental mitigation. Jared Ficker said that what has been discussed are potential port fees.

Jared Ficker said that not all four bond measures would pass; one bill will pass and the other bills will be reconciled into the one bill. At this time, the plan is to gut and amend an Assembly bill that is on the Senate side and have Speaker Nunez’s name on it with the other legislative leaders.

Jane Carney asked what measure the Republican Caucus was holding out for. Jared Ficker replied that they would like more details on the implementation. They are generally not happy with bond money being spent on environmental mitigation. They are also pushing for more public/private partnership opportunities, such as toll roads.

Recommended Position on the following Bills [Attachment 3]

AB 2880 (Lieu) South Coast Air Quality Management District Refineries

Oscar Abarca reported that this bill would require AQMD to meet with appropriate agencies and the public to develop a notification plan for flaring events at refineries. He stated that staff believes that this bill is consistent with actions already required in AQMD Rule 1118 and staff recommends a support in concept position, in order to work out the details of this legislation with the author.

Dr. Barry Wallerstein said that pursuant to the Board’s direction, staff is meeting with interested parties concerning notification of flaring events, or accidents at refineries, and that they have a working group that will be meeting within the week.

The Legislative Committee unanimously approved staff’s recommendation to SUPPORT IN CONCEPT AB 2880

AB 2988 (Lieu) Dry Cleaning Operations

Jill Whynot, Planning and Rules Manager, reported that this bill changes the permitting and hazardous waste requirements for non-perc dry cleaning operations, so that they are treated like perc dry cleaning operations. Staff recommends a support position with an amendment to the bill to add language that dry cleaning operations also comply with AQMD dry cleaning rules for the non-perc solvents.

The Legislative Committee unanimously approved staff’s recommendation to SUPPORT WITH AMENDMENT AB 2988

SB 1191 (Hollingsworth) California Environmental Quality Act

Jill Whynot reported that this bill deals with revisions to CEQA that staff believes are negative and would adversely affect AQMD’s ability to review CEQA documents. This bill would shorten the review time from 30 days to 20 days for certain types of environmental documents or full environmental assessments that are sent electronically. It also changes how one looks at the baseline and limits the length of CEQA documents to 150 pages or 300 pages for complex documents. It also revises provisions relating to legal challenges for CEQA. Shortening timelines would make it difficult for staff to review since AQMD has reduced staff.

Barbara Baird said that the comment period on a Negative Declaration, if served electronically, would be limited to 10 days, which would be difficult to comply with.

Jane Carney suggested that staff should consider what it would take to comply with the timeframe that this bill proposes, because she felt a dialog about resources would be a positive outcome.

Dr. Wallerstein replied that staff is of course not opposed to streamlining, in concept, but in reality, AQMD is faced with downsizing staff. In view of limited resources, there are other critical items that require staff resources, such as the AQMP and the NSR program adjustment. Bea LaPisto-Kirtley also mentioned that there are smaller cities that only meet once a month, and that these shortened timelines would put a strain on their review.

The Legislative Committee approved staff’s recommendation to OPPOSE AB 1191. Committee Member Antonovich abstained.

AB 1870 (Lieber) Air Pollution: Motor Vehicle Inspection and Maintenance

Dean Saito reported that this bill would require the Bureau of Automotive Repair to incorporate a visible smoke test into the California Smog Check Program. This test would require that there be no visible smoke to pass a smog test requirement. Currently, several states incorporate this requirement into their program. He also said that recent studies have indicated that PM contributions for the portion less than 2.5 microns in size may be more than what the current inventory shows for light duty gasoline combustion vehicles. He said that this is a critical component to achieving PM reductions from the current Smog Check Program. Staff recommends a support position.

The Legislative Committee unanimously approved staff’s recommendation to SUPPORT AB 1870

SB 1601 (Lowenthal) Marine Ports: Emissions

Peter Greenwald reported that this bill would require that new and renegotiated port leases (such as those for terminal operations) must contain conditions to control air pollution. The conditions would have to require Best Available Control Technology for marine vessels, locomotives, and other sources. It would also require that any emissions increases be offset by corresponding reductions elsewhere within the port. Staff would like to discuss a minor amendment to the factual findings to provide additional legal support should there be a challenge to the conditions. Staff recommends a support position with amendments.

The Legislative Committee unanimously approved staff’s recommendation to SUPPORT WITH AMENDMENTS SB 1601

AB 2823 (Ruskin) Air Pollution: District Compliance Programs

Oscar Abarca reported that this bill would require air districts to give public notice, and distribute actual copies of Notices of Violation (NOV) for air emissions to all residents and sensitive receptors within one-thousand feet of the facility at which the violation occurred. It would also require actual NOV copies to be posted on AQMD’s website.

Currently, AQMD has a program to post validated NOV information on its website and staff believes that this bill requirement would overwhelm the capacity of AQMD staff to maintain the posting of NOVs and the distribution, to an extent, would hamper AQMD’s operations. Staff recommends to support this bill if amended, to allow NOV information to be posted as opposed to the scanning of the information, and to limit the bill to deal only with validated  NOVs for nuisance. Staff also recommends additional language in the bill that would allow air districts to require the violating facilities to provide the mailed notices.

Dr. Wallerstein stated that this would be limited to nuisance violations only.

The Legislative Committee unanimously approved staff’s recommendation to SUPPORT WITH AMENDMENTS AB 2823

SR 23 (Florez) Relative to Federal Clean Air Regulation

Oscar Abarca reported that SR 23 calls upon the US EPA to withdraw their proposed amendments to the national ambient air quality standards for particulate matter. U.S. EPA proposes to revise the PM2.5 standard, revoke the PM10 standard, establish a new PM10-2.5, or Coarse standard, and establish new air monitoring criteria for these proposals.

Staff believes that this proposal is detrimental to air quality and would burden the air districts with the need for additional monitoring, as well as development of additional air quality plans and regulations while at the same time the proposal fails to adequately protect public health.

Staff supports this resolution, and suggests language that would point out:

1. The proposed National Ambient Air Quality Standard improperly treats urban and rural areas differently;
2. Public health in the Coachella Valley would be adversely affected; and 
3. U.S. EPA needs to enforce current rules regarding PM sources under federal jurisdiction that are significantly contributing to the non-attainment status of many California regions. 

The Legislative Committee unanimously approved staff’s recommendation to SUPPORT SR 23

Oscar Abarca also provided a brief summary on the following bills, which staff will continue to monitor and work with authors. Staff will bring these bills back to the committee once staff has recommended a position.

• AB 2501 (Lieu) South Coast Air Quality Management District: Stationary Sources

This bill would require AQMD in cooperation with CARB to conduct an environmental assessment of the cumulative health impacts of emissions from stationary sources located in the South Coast Basin.

• AB 2824 (Ruskin) Air Pollution Mapping: High-Risk Facilities: Schools

This bill would require each air district to identify and map (through data and field surveys) any potential high-risk facilities located within a one-thousand foot radius of each school within that district.

• AB 2825 (Ruskin) School Sites: Hazardous Emissions and Substances: Environmental Impact

This bill would prohibit construction or alteration of any facility, within one thousand feet of a school, that might reasonably be anticipated to emit hazardous air emissions, or pose a health or safety hazard to school children or employees (with the exception being construction activities).

The Legislative Committee unanimously approved staff’s recommendation to WATCH AB 2501, AB 2824, AND AB 2825

Sacramento Report/Update [Attachment 4]

The Sacramento consultants each provided an update as follows:

Senator Richard Polanco reported that the  majority of activity this month has been in continuing visits with members of the legislature. AB 888 and SB 459 have not been set for committee. AB 2015, regarding expanding the AQMD Governing Board, has been double referred to policy committees (Natural Resources and Local Government).

Dr. Wallerstein reported that the staff and consultants are doing a very good job on AB 2015 and said that the Los Angeles Area Chamber has taken a formal position of oppose. In addition, several county boards of supervisors have taken an oppose position. He said that if this bill comes to committee hearing, it would be clear that there is no consensus of moving forward in increasing the size of AQMD’s board.

Jared Ficker reported that a new Cal EPA secretary would be named within the next month. Oscar Abarca reported that the confirmation hearing for Bob Sawyer, incoming Chair of CARB, is scheduled for the following week.

Update on AQMD’s Federal Legislative Agenda [Attachment 5]

Pom Pom Ganguli, Assistant DEO/Public Affairs, provided a handout (copy attached) of the federal goals that were approved in December. He said that staff would be providing a focused update every month on the process. For ease of reference, he split the categories into two, one being the fiscal items, and the second being the legislative and regulatory issues. He briefly described the 5 appropriation requests submitted by staff for consideration for federal funding.

Regarding the appropriations requests for health studies of nanoparticles and other emissions, related to port activities Bea LaPisto-Kirtley asked if it deals solely with port activities or does it give it a better chance of passing. Dr. Ganguli said that it does give a better chance of passing right now because of the attention being focused on ports at both the federal and state level.

Federal Report/Update [Attachment 6]

Lynn Jacquez reported that relative to AQMD’s federal agenda, they are currently in the budget development and appropriations process. They have prepared appropriations requests for AQMD and are identifying sponsors for them. She said that there is not a lot of support for the President’s budget cuts for U.S. EPA, and they are fairly optimistic that as the appropriations process continues through the spring and summer that much of the funding can be restored. She also said that they have had conversations with various members of the Southern California Delegation over the past month.

She also reported that Congressman Joe Barton might be considering actions related to  the President’s state of the union initiatives on alternative fuel and trying to move the refinery proposals. They monitor this carefully and will keep the committee updated. She mentioned that they would be seeking AQMD’s position on several pieces of legislation that are being introduced.

Attachments (EXE 1364.5 KB)
Attendance Roster
Bond Infrastructure Update
Recommended Position State Bills
Sacramento Report/Update
Federal Update on Legislative Agenda
Federal Report/Update