BOARD MEETING DATE: May 4, 2007
AGENDA NO. 22

REPORT:

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, April 13, 2007. 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 position on the bills specified in this letter.

Jane Carney, Chair
Legislative Committee

Attendance [Attachment 1]

The Legislative Committee met on April 13, 2007. Present was Committee Chair Jane Carney. Present, by videoconference, were Committee Members Roy Wilson, Michael Antonovich, and Jan Perry.

Request for Urgency Items

Committee Chair Jane Carney, reported that staff has requested two urgency items be added to the agenda. She stated that staff has learned that AB 255 (DeLeon) Air Pollution: Clean Air and Energy Independence Fund: Smog Abatement Fee; and AB 616 (Jones) Smog Check: Annual Inspection will both be heard in committee. Staff was apprised of this after the agenda was prepared and posted for public review. The Legislative Committee unanimously approved staff’s recommendation to add Urgency Items to the Agenda.

Recommended Position on Bills in the State Legislature [Attachment 2]

Staff provided a brief presentation on the following bills for which the committee made a recommendation:

AB 255 (DeLeon) Air Pollution: Clean Air and Energy Independence Fund: Smog Abatement Fee

Paul Wuebben, Clean Fuels Officer, provided the presentation on AB 255, as amended on April 11, 2007. Please refer to Attachment 2, AB 255 for AQMD staff analysis. This bill would increase the smog abatement fee from $12.00 to $16.00 and would apply to vehicles up to 6 years old. Mr. Wuebben reported that staff is recommending a support position. The Legislative Committee approved staff’s recommendation to SUPPORT AB 255.

AB 616 (Jones) Smog Check: Annual Inspection

Dr. Chung Liu, Deputy Executive Officer, provided the presentation on AB 616, as amended April 9, 2007. Please refer to Attachment 2, AB 616 for AQMD staff analysis. This bill is sponsored by the Sacramento Metropolitan Air Quality Management District. This bill relates to vehicles that are 15 years and older, and would change the smog check program for these vehicles from a biannual program to an annual program. It will also remove the current cap of $450.00 to pay for the full cost of the repair to a vehicle if needed. Dr. Liu said that previously staff recommended a watch position, but is now recommending a support position because this bill is consistent with one of the 2007 draft AQMP control measures. He also said that staff’s original concern with this bill on the impacts of low-income vehicle owners has been addressed in the recent amendment.

Supervisor Antonovich was concerned with any impacts that this bill may have with regard to historical vehicles. Staff said that this legislative proposal will not change the original exemptions of antique cars.

After a brief discussion, the committee expressed a concern on how this bill will be enforced and what procedures will be in place. The committee recommended to support this legislation in concept, and to allow staff to work with the author regarding enforcement and procedures. The Legislative Committee recommended a SUPPPORT IN CONCEPT position for AB 616.

AB 631 (Horton) Air Pollution: Fueling Stations: Ethanol Blends

Mr. Wuebben provided the presentation on AB 631 as introduced February 21, 2007. Please refer to Attachment 2, AB 631 for AQMD staff analysis. Mr. Wuebben reported that staff is recommending a support in concept position. Greg Adams requested clarification on the language of the bill regarding public access to the fueling stations. Mr. Wuebben said that although it is not specifically defined in the bill, the general intent is that it would be publicly accessible, and that staff would seek clarification. The Legislative Committee unanimously approved staff’s recommendation to SUPPORT IN CONCEPT AB 631.

AB 746 (Krekorian) Energy: Natural Gas Vehicles

Mr. Wuebben, provided the presentation on AB 746, as introduced February 22, 2007. Please refer to Attachment 2, AB 746 for AQMD staff analysis. Mr. Wuebben reported that staff is recommending a support position. The Legislative Committee unanimously approved staff’s recommendation to SUPPORT AB 746.

AB 1077 (Lieber, DeSaulnier) State Air Resources Board: Plug-In-Hybrid Electric Vehicles

Matt Miyasato, Technology Demonstration Manager, provided the presentation on AB 1077 as introduced February 23, 2007. Please refer to Attachment 2, AB 1077 for AQMD staff analysis. Mr. Miyasato reported that staff is recommending to support AB 1077 with amendments. He said that this bill will enact the California Plug-in Hybrid Electric Vehicle Leadership Act of 2007 and would establish a 19-member California Plug-in Hybrid Electric Vehicle Coordinating Council. The council would be mostly comprised of state entities with one representative for all air pollution control districts, and one representative for automobile manufacturers and battery companies. Staff believes that this bill is in line with the Plug-In Hybrid Electric Vehicle five-year plan, and the AQMP measure for PHEV introductions by 2015, but that the council should be based on population, energy displacement, and air quality needs. The Legislative Committee unanimously approved staff’s recommendation to SUPPORT WITH AMENDMENTS AB 1077.

AB 1096 (DeVore) California Environmental Quality Act: Housing Exemptions

Jill Whynot, Planning and Rules Manager, provided the presentation on AB 1096 as amended March 27, 2007. Please refer to Attachment 2, AB 1096 for AQMD staff analysis. Ms. Whynot said that as she reported briefly last month on AB 723 (DeVore), this bill’s intent is also for a “CEQA holiday.” Ms. Whynot reported that staff is recommending an oppose position. The Legislative Committee unanimously approved staff’s recommendation to OPPOSE AB 1096.

SB 342 (Ackerman) Employment: Rest and Meal Periods

William Sanchez, Senior Public Affairs Manager, provided the presentation on SB 342 as introduced February 20, 2007. Please refer to Attachment 2, SB 342 for AQMD staff analysis. Mr. Sanchez reported that staff is recommending a support position. The Legislative Committee unanimously approved staff’s recommendation to SUPPORT SB 342.

SB 494 (Kehoe, Perata) Vehicular Air Pollution Control: Alternative Fuels

Mr. Wuebben provided the presentation on SB 494 as introduced February 22, 2007. Please refer to Attachment 2, SB 494 for AQMD staff analysis. Mr. Wuebben reported that staff is recommending a support in concept position. The Legislative Committee unanimously approved staff’s recommendation to SUPPORT IN CONCEPT SB 494.

SB 65 (Cedillo) South Coast Air District

Mr. Sanchez reported that over the last several legislative committee meetings, staff has mentioned SB 65 as an AQMD spot bill. He reported that this bill as originally submitted was returned by the legislative counsel because it needed more substance. He stated that when CARB requested to delay the attainment deadline, staff felt that AQMD should lead by example, and inserted language into the spot bill that if there were a request for an extension of attainment dates for PM 2.5, that the AQMD would inform the legislature and the public. This bill will be heard in the Senate Environmental Quality Committee on April 16, 2007.

Oscar Abarca, Deputy Executive Officer, reiterated the language in the bill is intended to keep the spot bill moving through the process. The language currently in the bill may be amended later, should the need arise.

Update on Sacramento Legislative Issues [Attachment 3]

Mr. Sanchez reported that there are over 200 bills, which have been identified as bills with some relevance to AQMD. With regard to AQMD sponsored bills, he reported that SB 1028 (Padilla), Necessary Measures to Attain Clean Air Standards will be heard in the Senate Environmental Quality Committee on April 16. This bill is part of the Chairman’s mobile source fair share initiative. This would require CARB to adopt all necessary feasible measures required to attain clean air standards in all areas of the state. SB 886 (Negrete McLeod), Air Quality District Board is expected to be heard in the Senate Local Government Committee the week of April 23. Since last reported by staff, the Mojave and Sacramento Air Districts have joined AQMD in sponsoring this bill, and they too will support removing term limits for their chairmanship.

Update on Washington D.C. Legislative Issues [Attachment 4]

Andrew Kauders, AQMD Washington consultant, reported they are continuing to monitor the budget, and that they have been in discussions with appropriations staff regarding additional funding opportunities for AQMD. He also mentioned that the Appropriations Committee will begin marking up their bills the first week in May.

Ms. Carney asked about the status of the appropriations request for the Plug-In Hybrid Demonstration. Mr. Kauders replied that they are staying in daily contact with the members, and that nothing can be moved until the mark-up begins, but at this time he has received positive feedback.

Mark Kadesh, AQMD Washington consultant, reported that he is continuing to follow-up with legislators from the Board member visits, and continues to provide them with requested information on AQMD’s concerns with U.S. EPA’s Clean Diesel Locomotive and Marine Vessel draft rule.

Report from AQMD Home Rule Advisory Group Committee [Attachment 5]

Board member Roy Wilson said that the Home Rule Advisory Group Committee (HRAG) would like to provide input into the legislative committee when they have concerns with legislation or positions of the Legislative Committee. As previously approved, HRAG will submit their minutes from their meeting on discussions dealing with legislation on a monthly basis for this committee to review.

Elaine Chang, Deputy Executive Officer, said that at this time, HRAG has no concern on any bill.

Ms. Carney, said that to be more effective, she would request that if HRAG had a concern with a bill, that this concern be noted on the Legislative Committee Agenda, adding that it is difficult to track all bills.

Other Business: None

Public Comments:

Rita Loof, Director of Environmental Affairs for RadTech, thanked the Legislative Committee and the Board for their flexibility on SB 587 (Runner) Air Pollution: Clean Air and Energy Independence Fund: Smog Abatement Fee. She also extended an invitation to committee members to visit one of the facilities that her trade association serves to see the technology.

John Billheimer, Enviro-Reality, said that SB 587 (Runner) should be addressed at the local level by the air districts, as opposed to the legislature.

Attachment (EXE 1.5mb)

1. Attendance Roster
2. Recommended Position on Bills in the State Legislature
3. State Bills of Interest
4. Federal Bills of Interest
5. Legislative Report from AQMD Home Rule Advisory Group