BOARD MEETING DATE: January 6, 2006 AGENDA NO. 21

BOARD MEETING DATE: January 6, 2006
AGENDA NO. 21

REPORT:

Legislative Committee

SYNPOSIS:

The Legislative Committee held its regular meeting on Friday, December 9, 2005. The next Legislative Committee meeting is scheduled for Friday, January 13, 2006, at 8:00 a.m. in Conference Room CC8.

RECOMMENDED ACTIONS:

Receive and file this report.

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

Attendance [Attachment 1]

The Legislative Committee met on December 9, 2005. Present was Committee Vice Chair Jane Carney. Present, by videoconference, were Committee Chair Bea LaPisto-Kirtley and Committee Members Roy Wilson and Michael Antonovich.

Update on CARB Intermodal Rules and Key Goods Movement

Barry Wallerstein, Executive Officer, reported that he had attended a CARB hearing adopting an intermodal rule. The rule applies to equipment used for goods handling at rail yards and the ports. Dr. Wallerstein said that this rule does not require the use of BACT or BARCT. Dr. Wallerstein said that he testified at the hearing, and provided CARB with AQMD’s suggested amended language to their rule; however, they adopted their rule without adding any of AQMD’s suggestions. Dr. Wallerstein said that of particular concern to staff is a sentence in the staff report that AQMD would like removed. The sentence states that the rule regulates “vehicles” and that local districts do not have any authority to control emissions from these pollution sources. Dr. Wallerstein has requested written clarification from CARB’s attorney regarding this sentence and said that he would be requesting that an item be placed on a future CARB agenda regarding needed clarification on this issue. He said that the Port of Los Angeles is proposing a natural gas strategy that would reduce emissions over and above that of CARB’s intermodal rule. Dr. Wallerstein added that he had requested that language be added into the resolution that would encourage action by local authorities.

Vice Chair Carney asked how significant this sentence is, if left in the rule. District Counsel Kurt Wiese said that CARB is taking the position that the equipment that they are regulating are motor vehicles, thus, only they have the authority to regulate. This would undermine the AQMD’s regulatory authority if an AQMD rule was to be litigated.

Jared Ficker, AQMD’s Sacramento consultant, said that this sentence may also impact our legislation (AB 888), because there is the possibility that if our bill gets to the Governor for his signature, this sentence could be relied upon to veto the bill. In addition, this may be seen as CARB’s position on how the Governor should handle this bill.

Dr. Wallerstein also said that at the public comment period he requested that a retreat be scheduled between CARB’s Board and AQMD’s Board. CARB’s staff response was that they are expecting a new chair, and that they would have the new chair set the schedule. Dr. Wallerstein said that AQMD has attempted to schedule a retreat with CARB’s Board for over three years now.

Dr. Wallerstein reported that there is a Goods Movement Action Plan being developed by the Governor. The Goods Movement Action Plan defines a number of high priority projects that will likely have funding through the Governor’s proposed bond measure. Dr. Wallerstein said that he sits on their advisory committee and that they will be going over the list of projects and appropriate environmental mitigation.

Vice Chair Carney commented that AQMD staff should participate in the Governors Goods Movement Committee. She said that it is our obligation to the people who live here to do everything that we can to try to reduce emissions from the ports.

Dr. Wallerstein said that on a positive note, railroad representatives have indicated a desire to set-up a meeting to discuss the various issues.

Sacramento Report/Update

Strategic Update
Senator Richard Polanco, AQMD’s Sacramento consultant, reported that AQMD’s two bills, SB 459 (Romero) and AB 888 (De La Torre), have passed out of their respective houses. At this time, staff is preparing a comparison chart of SB 1397 (Escutia) and SB 459 (Romero).

Bond Initiatives
Jared Ficker reported that Senator Perata has proposed a $10 billion bond initiative regarding infrastructure (two billion will be related to Goods Movement). This bond is scheduled for vote during the November 2006 election. The bond would require a 2/3 majority vote. He also reported that the Governor is also proposing an infrastructure bond of over $50 billion. As a point of interest, he said that currently about 5% of the state’s total general fund is related to bonds and debt.

Allan Lind mentioned that in addition to the Bond measure by Senator Perata there are various bond measures that will be proposed in the areas of education, hospital, natural resources for parks, wildlife and others. These bonds measures will be in the billions.

Jared Ficker introduced Ted Harris who is new to his firm and who will be assisting him on AQMD matters. Mr. Harris previously worked for SCAG.

Staffing Changes
Allan Lind, AQMD’s Sacramento consultant, reported on changes to the Senate and Assembly committees. He also reported that Michael Genest was appointed Director of Finance to the Governor. Jared Ficker also reported that there is a new Assembly committee, Environmental Justice.

Federal Report/Update [Attachment 2]

Lynn Jacquez, Washington DC consultant, reported that Congress has reconvened after their Thanksgiving recess and they will primarily be working on the Appropriations Bill and the Budget Reconciliation.