BOARD MEETING DATE: November 2, 2007
AGENDA NO. 27

REPORT: 

Legislative Committee

SYNOPSIS: 

The Legislative Committee held its regular meeting on Friday, October 12, 2007. The next Legislative Committee meeting is scheduled for Friday, November 9, 2007 at 8:00 a.m. in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file this report.

Jane W. Carney, Chair
Legislative Committee


Attendance [Attachment 1]

The Legislative Committee met on October 12, 2007. Committee Members Jane Carney (Chair) and Dr. Joseph Lyou were present. Committee Members Michael Antonovich, Jan Perry, Tonia Reyes Uranga, and Dr. S. Roy Wilson were present via teleconference at the meeting.

Status Report on Bills at the End of 2007-2008 Session

Oscar Abarca, Deputy Executive Officer, reported that AQMD efforts have limited the opposition of SB 886 (Negrete McLeod) and SB 1028 (Padilla) plus strengthened support for the bills to include key members of the Governor’s administration. The Governor has not yet acted on these bills plus a majority of other environmental bills - the deadline is Sunday, October 14, 2007 at midnight.

Update on Federal Legislative Issues

Oscar Abarca reported that Senator Boxer and the US Senate Committee on Environment and Public Works (EPW) had a field hearing on Wednesday, October 10, 2007. Public Affairs staff assisted the Senator with the coordination and outreach for the event. Some constituents of the Inland Empire gave testimony at the hearing. Supervisor Gary Ovitt, Governing Board Member, was one of the witnesses. Senator Boxer is committed to moving forward with marine vessel legislation this month. The Senator will also introduce new legislation about locomotive emissions.

Andrew Kauders, AQMD federal legislative consultant, updated the committee. AQMD projects are on track in spite of an overall delay in the appropriations process. The US Senate has yet to act on the energy, water, and interior appropriation bills (which includes priority projects). There is a chance that all of the bills might be packaged in an omnibus bill towards the end of the session.

John Scofield, AQMD federal legislative consultant, who joined the meeting, added that there is a debate on the overall amount of funding and budget concerning the bills.

Oscar Abarca requested an update on the five AQMD appropriations requests in Washington D.C.

Mr. Scofield reported that the interior bill includes a 7.5 million dollar appropriation for AQMD pursuant to the Diesel Emissions Reduction Act (DERA). The Plug-In Hybrid Vehicle project was separately funded in the House. Guidelines for DERA are flexible and should encompass the remaining AQMD projects.

Mr. Kauders reported that there is a debate about the tax credits and incentives on the energy bill. The Senate’s current version does not include any tax credits or incentives whereas the House version does. The outcome will depend on an agreement between the Speaker and the Majority Leader.

Concerning climate change, Mr. Kauders reported that they are speaking with the EPW, the Energy and Natural Resources, and the House Energy and Commerce Committees. Today, they have scheduled a conference call with the House Select Committee about energy dependence and global warming. Elaine Chang, Deputy Executive Officer, and Dr. Anupom Ganguli, Assistant Deputy Executive Officer/Public Advisor, will participate in the conference call to discuss how the AQMD could be a potential witness for upcoming hearings. They anticipate that there would not be a broad climate change bill in the House. Instead, any legislation will be limited to cap and trade.

Amend/Extend Contracts for Legislative Representation in Sacramento, CA

Staff recommended a one-year extension of the contracts for legislative representation in Sacramento. The extended contract for Senator Polanco would increase by 2.6% (CPI). The extended contract for Will Gonzalez would increase by 10% to reflect the heavier than expected workload as well as his day-to-day, hands-on service for AQMD.

Mrs. Carney inquired about the proposed adjustment for Will Gonzalez. Dr. Wallerstein affirmed that it is an adjustment of 10%. This last year, Will Gonzalez worked hours exceeding his and AQMD’s expectations. Dr. Wallerstein commended William Gonzalez for his excellent job.

The Legislative Committee accepted staff’s recommendation to extend the contracts for legislative representation in Sacramento. The contract for Tres Es, Inc. will not exceed $164,200. The contract for Gonzalez Public Affairs will not exceed $110,000. [Refer to the November 9, 2007 Board Agenda Item #10 for additional information on this item.]

Report from AQMD Home Rule Advisory Group Committee [Attachment 2]

Please refer to Attachment 2 for written report.

Other Business:

Dr. Joseph Lyou, Governing Board Member, asked if the Board tracks or gets updates on local government issues. Dr. Wallerstein explained that the Legislative Committee traditionally tracks state and federal legislation and not local government activities unless such turns into a legislative proposal. The Local Government and Small Business Assistance Advisory Group usually tracks local government activities. The Mobile Source Committee handles the local government activities related to the Air Quality Management Plan. Mrs. Carney and Dr. Wallerstein agreed that the Mobile Source Committee should track local government activities.

Supervisor Michael Antonovich, Governing Board Member, inquired about an update on SB 9 (Lowenthal) and if the Board expects this would be done by the first of the year. Oscar Abarca responded that AQMD staff expects the bill to be acted upon in January 2008 with strong cooperation between the Governor and Senator Lowenthal.

Staff will continue to work with the Senator Lowenthal, the Governor’s office, and with local government to ensure equitable expenditure of funds. Dr. Wallerstein committed to calling Senator Lowenthal concerning the status of SB 9 (Lowenthal) and how the AQMD could further support the Board’s existing policies about the bill.

Supervisor Antonovich wondered if there are any revenue bonds that the private sector could use for rail improvements. Dr. Wallerstein responded that they have not heard that suggestion yet. Supervisor Antonovich added that perhaps it is an opportunity to engage the railroads. Dr. Wallerstein remarked that in recent discussions about the Proposition 1B monies the railroads reportedly would refuse half-billion to a billion dollars in infrastructure funding if asked to put up matching monies or to clean up locomotives early. Dr. Wallerstein will discuss this with Senator Lowenthal and will advocate the Board’s policies that request operational changes of the railroads.

Public Comments: None

Attachments (EXE 61kb)

  1. Attendance Roster
  2. Legislative Report from AQMD Home Rule Advisory Group



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