BOARD MEETING DATE: October 3, 2008
AGENDA NO. 27

PROPOSAL:

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, September 12, 2008. The next Legislative Committee meeting is scheduled for October 10, 2008 at 8:00 a.m. in Conference Room CC8. The Committee deliberated on the following items for Board consideration:

Agenda Item	Recommendation
2009 Legislative Goals and Objectives	Approve as amended
Federal Aviation Administration’s (FAA) Funding Request: Continuous Low Emissions, Energy and Noise (CLEEN) Program	Support in concept
Amend contracts for legislative consulting firms, Tres Es., Inc. and Gonzalez Public Affairs, in Sacramento for Calendar Year 2009	Approve
Amend the contract with Kadesh & Associates, LLC for legislative consulting services in Washington, D.C. for Calendar Year 2009	Approve

RECOMMENDED ACTIONS:

Receive, file this report, and approve agenda items as specified in this letter.
 

Jane W. Carney, Chair
Legislative Committee

Background

Attendance [Attachment 1] The Legislative Committee met on September 12, 2008. 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 videoconference.
 

Update on U.S. Senate Committee on Environment and Public Works (EPW) Hearing on Federal Surface Transportation Reauthorization Legislation

Dr. Anupom Ganguli, Assistant Deputy Executive Officer, reported on the EPW hearing in Los Angeles. Senator Boxer, Chair of the EPW, acknowledged AQMD’s legislative and technical collaboration with the EPW. Dr. Barry Wallerstein, Executive Officer, and Supervisor Jeff Stone, Chair of the Riverside County Transportation Commission, were among those who testified at the hearing. Supervisor Stone strongly advocated air quality considerations for the upcoming federal transportation bill.

Dr. Wallerstein introduced and commended Eric Haley, former Executive Director of the Riverside County Transportation Commission and former Chair of the AQMD Mobile Source Air Pollution Reduction Review Committee, who is working with staff as a consultant.
 

Update on Federal Legislative Issues

Mr. Kadesh presented the federal legislative update to the Committee. By the next congressional session, the Federal Surface Transportation Reauthorization legislation will be a major item. Climate change legislation will also be significant. Mr. Kadesh plans to meet with the EPW staff in the future to discuss AQMD’s positions.
 

Update on State Legislative Issues

Will Gonzalez, AQMD state legislative consultant, reported on the status of state legislation. Pending resolution of the state budget impasse, there are over 800 bills that have passed the Legislature and are waiting to be sent to the Governor. Among those bills pending the Governor’s review, are SB 375 (Steinberg) Transportation Planning: Travel Demand Models: Sustainable Communities Strategy: Environmental Review, SB 974 (Lowenthal) Ports: Congestion Relief: Air Pollution Mitigation: Regulatory Fee, and SB 1646 (Padilla): Clean Fuels Reauthorization. Mr. Gonzalez informed the Committee that in an article in the Los Angeles Times today, it is mentioned that, Sarah Palin, Governor of Alaska and Republican Vice Presidential Candidate, sent a letter to Governor Schwarzenegger in opposition to SB 974 (Lowenthal).

SB 1714 (Negrete McLeod) Renewable Electric Generation Facilities failed in Senate concurrence. At issue was language extending the same incentive to agricultural power generators. This bill will be reintroduced in the next session.

Regarding solar energy legislation, various members including Blakeslee, Simitian and Levine are developing initiatives to increase the renewable portfolio standards to 33% or more by 2020.
 

2009 Legislative Goals and Objectives [Refer to Attachment 2 for additional information]

Dr. Ganguli presented to the Committee the proposed goals and objectives for the 2009 legislative session for both Sacramento and Washington D.C.

In regards to the first objective to modernize state offset requirements for areas where the supply is inadequate, Dr. Wallerstein explained that this was important so that staff could begin the stakeholder process. He further clarified that staff would return to the Committee before specific legislation was introduced.

Dr. Lyou requested a Best Available Control Technology (BACT) report relevant to sources within the AQMD and to include a definition of BACT, available emissions reductions, and community usage. Dr. Lyou also proposed a study of the vehicle miles traveled to and from work as a potential source of mobile source emission reductions and how to incentivize employers.

The Legislative Committee voted to approve the proposed 2009 Legislative Goals and Objectives with the following amendments as shown by underline and strikeout.

1. Develop Introduce legislation to modernize state offset requirements for areas where supply of offsets is inadequate, while furthering the pursuit of clean air objectives and the state’s Climate Change initiatives.

2. Develop Introduce legislation to modernize federal offset requirements for areas where supply of offsets is inadequate, while furthering the pursuit of clean air objectives and Climate Change initiatives at the federal level.
 

Report on Certain Propositions that Qualified for the November Ballot [Refer to Attachment 3 for additional information]

Due to time constraint, the Committee decided to waive staff presentation and elected to receive and file the written updates for the following propositions:

Federal Aviation Administration’s (FAA) Funding Request: Continuous Low Emissions, Energy and Noise (CLEEN) Program [Refer to Attachment 4 for additional information]

Philip Crabbe, Senior Public Information Specialist, presented the staff analysis. James Skalecky, Federal Aviation Administration CLEEN Program Manager, commended the presentation and thanked the Committee for the District’s support of the program.

The Legislative Committee voted to support in concept FAA’s CLEEN program.
 

Amend Contracts for Legislative Representation in Sacramento and Amend Contract for Legislative Representation in Washington, D.C. [Refer to the October 3, 2008 Board Agenda Item #12 and Item #11 for additional information. These items were also considered by the Administrative Committee on 9-12-08]

Dr, Ganguli presented both items for approval by the Committee.

The Legislative Committee voted to approve both contract items together according to staff recommendations.
 

Public Comment

Greg Adams, a representative of the Los Angeles County Sanitation District, commented that creating a credit is difficult. He also stated that compliance with Rule 1306 is difficult.

Meagan Caygill, a representative of the No on Proposition 7 Coalition, complimented the staff analysis on Proposition 7. In opposition to the proposition, Ms. Caygill gave her opinion on some disadvantages of the proposition and provided a handout in opposition to Proposition 7.
 

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

Please refer to Attachment 5 for a written report.
 

Attachments (ZIP, 129k)

1. Attendance Record
2. Proposed Goals & Objective for the 2009 Legislative Agenda
3. Legislative Analyses: Propositions 1A, 7, and 10
4. Legislative Analysis: Federal Aviation Administration (FAA) Continuous Low Emissions, Energy and Noise (CLEEN) Program [AKA Continuous Low Energy, Emissions and Noise Program]
5. Legislative Report from AQMD Home Rule Advisory Group

Attachment 1

ATTENDANCE RECORD
September 12, 2008

DISTRICT BOARD MEMBERS:

• Jane Carney, Chair
• Jan Perry, Vice Chair (Videoconference, Los Angeles)
• Michael Antonovich (Videoconference, Los Angeles)
• Dr. Joseph Lyou
• Tonia Reyes Uranga (Videoconference, Long Beach)
• Dr. S. Roy Wilson (Videoconference, Palm Desert)

STAFF TO COMMITTEE:

• Dr. Anupom Ganguli, Assistant DEO/Public Advisor
• William Sanchez, Senior Public Affairs Manager
• Julie Franco, Senior Administrative Secretary
• Isabel Aguilar, Secretary

DISTRICT STAFF:

• Dr. Barry Wallerstein, Executive Officer
• Barbara Baird, Principal Deputy District Counsel
• Tina Cherry, Senior Public Information Specialist
• Marc Carrel, Program Supervisor
• Philip Crabbe, Senior Public Information Specialist
• Laura Garrett, Telecommunications Technician II
• Peter Greenwald, Senior Policy Advisor
• Henry Hogo, Assistant Deputy Executive Officer
• Dr. Chung Liu, Deputy Executive Officer
• Laki Tisopulos, Assistant Deputy Executive Officer
• Kim White, Public Affairs Specialist
• Paul Wright, Audio Visual Specialist
• Rainbow Yeung, Senior Public Information Specialist (Videoconference, Los Angeles)

OTHERS PRESENT:

• Greg Adams, Sanitation Districts of Los Angeles County
• Jeff Catalano, Governing Board Consultant (Perry) (Videoconference, Los Angeles)
• Megan Caygill, No on Proposition 7 Coalition
• Will Gonzalez, Gonzalez Public Affairs (Teleconference, Sacramento)
• Eric Haley, Germania
• Miles Heller, BP
• Mark Kadesh, Kadesh & Associates (Teleconference, Washington, D.C.)
• Chris Kierig, Kadesh & Associates (Teleconference, Washington, D.C.)
• Bill LaMarr, California Small Business Alliance
• Debra Mendelsohn, Governing Board Consultant (Antonovich)
• Nicole Nishimura, Governing Board Assistant (Lyou)
• Richard Polanco, Sr., Former Senator, Tres Es., Inc. (Videoconference, Los Angeles)
• Steve Schuyler, Western States Petroleum Association
• Sarah Weldon, American Association of Railroads