BOARD MEETING DATE: March 2, 2007
AGENDA NO. 23
Legislative Committee
SYNOPSIS:
The Legislative Committee held its regular meeting on Friday, February 9, 2007. The committee refined AQMD’s State Legislative Priorities for Calendar Year 2007 to include the introduction of legislation repealing the term limit for AQMD Chairman’s term pursuant to Health & Safety Code §40425. The next Legislative Committee meeting is scheduled for Friday, March 9, 2007 at 8:00 a.m. in Conference Room CC8.
RECOMMENDED ACTION:
Approve the refined state legislative priorities for Calendar Year 2007 to include the introduction of legislation that would repeal the term limit provision for AQMD Chairman.
Jane Carney, Chair
Legislative Committee
Attendance [Attachment 1]
The Legislative Committee met on February 9, 2007. Present was Committee Chair Jane Carney. Present, by videoconference, were Committee Members Roy Wilson, Tonia Reyes Uranga, Michael Antonovich, and Jan Perry.
Introduction of Legislation Regarding Terms of AQMD Board Chairman
Committee Chair Jane Carney proposed that an item be added to AQMD’s state legislative agenda. She requested that legislation be introduced to repeal the term limit provision of AQMD’s Governing Board Chair. She said that there are 35 air districts in California and AQMD is only one of three air districts that have term limits for their chair, the other two air districts being Sacramento Metropolitan AQMD and Mojave Desert AQMD. She further commented that AQMD deals with technologically complex issues, and the chair requires experience in these areas, as well as leadership skills. Term limits on the chair do not enhance AQMD’s operations and may hamper progress because they do not consider experience, availability, or familiarity with the AQMD. For these reasons, she believes that the appointment of the chair should be without any term limit.
Board Member Roy Wilson said that he supports this proposal, and asked if staff could get the other two air districts to co-sponsor the legislation. Dr. Wallerstein replied that staff would discuss this request with them.
Board Member Tonia Reyes Uranga said that she too would like to see if the other two air districts would cosponsor the bill. In addition, she said that if we are considering changing the membership and terms of the AQMD Governing Board that we should revisit the South Bay COG’s proposal. Board Member Jane Carney replied that at this time, AQMD is waiting to see what develops with the South Bay COG proposed legislation.
Board Member Jan Perry stated that she has been contacted by the South Bay COG and she shared with them that in all the time that she has represented their cities, they have never expressed any interest in dealing with air quality issues, and their sole request has been for an additional seat on the AQMD Governing Board. Board Member Roy Wilson said that he too has been contacted, and he has told them that he could not support their legislation unless they could provide him with specific examples where they were not represented in their best interest. This request was made two months ago, and he has never received a response from them.
The Legislative Committee approved the Legislative Committee Chair’s recommendation to add the introduction of legislation that would repeal the term limit provision for AQMD Chairman’s term pursuant to Health & Safety Code §40425 to AQMD’s state legislative priorities for 2007.
Update on Sacramento Legislative Issues [Attachment 2]
Oscar Abarca, Deputy Executive Officer, said many bills have been introduced, but the language in the bills is considered “spot language” in most instances. The deadline for bill introductions is the end of February, at which time staff will come back to the committee for possible recommended positions on various bills which may be of interest to the AQMD. In addition, spot bills have been introduced relating to our legislative agenda.
He also reported that staff provided a briefing to legislative offices in Sacramento with over 30 offices participating. The subject of the briefing consisted of AQMD’s Air Quality Management Plan, as well as AQMD’s legislative agenda. In addition, staff held the first Tax Incentive Working Group meeting which was well attended. The next working group meeting will include tax experts from the business and environmental communities.
Mr. Will Gonzalez, AQMD Sacramento consultant, reported that language has been submitted to Legislative counsel regarding AQMD’s legislative priorities, including the Chairman’s Mobile Source Fair Share initiative. He believes that this year’s legislation session will be focused on fuels. Regarding AB 32, he reported that an Environmental Justice Advisory Committee and an Economic and Technology Advancement Advisory Committee has been created. In addition, CARB is expected to release its early action measures in July. Regarding the Governor’s Pension Committee, no appointments have been made.
Mr. Gonzalez further stated that on February 26 the Senate Environmental Quality Committee will conduct a hearing on Proposition 1B and air quality issues relating to the infrastructure bond measure. The intent of the chair of the committee is to ensure that funding of infrastructure projects is done in a manner that is sensitive to emissions and air quality. He also briefly spoke of a statewide bill dealing with wood smoke that is in the works and will be reporting back as details became available. At this time, several air districts may be interested in sponsoring the legislation.
Update on WashingtonD.C. Legislative Issues and Committee Appointments [Attachment 3]
Mark Kadesh, AQMD Washington consultant, reported that this past month, he and AQMD staff (Oscar Abarca and Peter Greenwald) visited key senate and congressional offices. He also said that as a result, Michael Goo, Majority Counsel for the Senate Environment and Public Works Committee has submitted questions to U.S. EPA’s Administrator Stephen Johnson regarding the problems that the south coast is having in reaching attainment and U.S. EPA’s failure to act aggressively. Mr. Kadesh also said that Congresswoman Hilda Solis has agreed to circulate a letter amongst the California delegation on the Energy and Commerce Committee seeking clarification from the Administrator on the rulemaking on locomotives and also raising the marine vessel issue. Mr. Kadesh believes that Senator Feinstein will do the same. Mr. Abarca said that in addition to meeting with the senate and congressional offices, and as a courtesy to U.S. EPA, they met with U.S. EPA staff to explain to them what AQMD is doing in moving its federal legislation agenda forward.
Mr. Kadesh reported that he is scheduling meetings in early March for Board members to visit senators and congressional members to discuss AQMD’s federal legislative priorities and the chairman’s initiative.
John Scofield, AQMD Washington consultant, reported that the fiscal year budget began last week. He and staff are working together to identify priorities for appropriations requests, to narrow down the list and to determine which subcommittees would be most suitable for AQMD’s request.
Andrew Kauders, AQMD Washington consultant, reported that the Speaker of the House has created a new select committee “Energy Independence and Global Warming.” This is a priority for the speaker and she is interested in seeing a bill go forward this year. He said that they are monitoring the Energy and Commerce Committee who is conducting a hearing on climate change with the private sector participating as witnesses and will report back. He said that there are several bills that are of interest to AQMD (copy attached), and if possible, they will try to recommend AQMD as a resource to assist in possibly moving these bills forward.
Regarding the AQMD’s federal tax incentive legislation, he said that there are challenges in terms of amending the Internal Revenue Code of 1976, and that this is often a multi-year, multi-congress process. He will continue to work with staff on this issue.
Other Business: None
Public Comments: None
Attachment (EXE 71kb)
1. Attendance Roster
2. State Bills of Interest
3. Federal Bills of Interest