BOARD MEETING DATE: October 8, 1999 AGENDA NO. 27
REPORT:
Legislative Committee
SYNOPSIS:
At a noticed special meeting, the Committee considered agenda items including a recommended position on the following bill for which the Board will consider adopting a position:
HR 2556 (Wolf) -- National Telecommuting and Air Quality Act
RECOMMENDED ACTION
Approve the legislative position recommended below.
Beatrice J.S. LaPisto-Kirtley, Chair
Legislative Committee
Attendance
The Legislative Committee met on September 24, 1999. Present were Committee Chair Beatrice LaPisto-Kirtley and Committee member Roy Wilson (video conference). (Attachment 1)
Washington Update
John O'Donnell and John Montgomery, AQMD Federal Representatives, provided the Committee with an update on activities in Washington. Mr. O'Donnell reported that the AQMD Home Rule Working Group traveled to Washington, DC, on September 20 and 21, to meet with Robert Perciasepe, Assistant Administrator for EPA, as well as staff to Congressional members Grace Napolitano, Loretta Sanchez, Ron Packard, Jerry Lewis, Mary Bono and Ken Calvert. Meetings were scheduled for the Group to discuss flexibility regarding cost issues in the application of the Lowest Achievable Emissions Rate (LAER). Mr. O'Donnell added that he joined Group members in their meetings with the staff of Congressmen Packard and Lewis. As a result of these meetings, a letter, to be signed by Congressmen Lewis and Packard, will be sent to Mr. Perciasepe encouraging him to look at the under ten (10) ton emission category, which was agreed upon during the Group meeting with Mr. Perciasepe.
Dr. Barry Wallerstein, Executive Officer, reported that the meeting with Mr. Perciasepe was very productive, and added that Mr. Perciasepe seemed fair and desired to make progress quickly, although cautioned that he needed to speak further with his staff. Dr. Wallerstein added that he is optimistic that if the AQMD can present a proposal that is appealing to Mr. Perciasepe, then something could be worked out.
Mr. O'Donnell reported on the Clean Air Partnership Proposal. Funding for the proposal is contained in the House version of the VA HUD Appropriations bill, but is not currently in the Senate version. The priorities now are to 1) ensure the Proposal is a priority for the Administration when they begin budget discussions with Congress, and 2) ensure that the $36.5 million stays in the House/Senate Conference bill. Mr. O'Donnell added that it is clear to the White House and EPA that AQMD has had a lead role in getting the Proposal where it is.
Mr. Montgomery stated that the meeting with Mr. Perciasepe was very important and the best way now to get funding is to have the funding in the House/Senate Conference bill. It is also important to continue talks with White House staff. Mr. Montgomery added that the President plans to put funding for this program, at the $200 million level, in the next fiscal year budget.
Dr. Wallerstein stated that he and Vice Chair Norma Glover met with representatives that will help urge the funding in the House/Senate conference bill, including representatives of Senators Barbara Boxer and Diane Feinstein, as well as a number of the Congressional members, including Congressmen Christopher Cox and David Dreier. Dr. Wallerstein added that his impression was that the White House is continuing to place a high priority on this program, as well as Mr. Perciasepe from EPA's vantage point. Chair LaPisto-Kirtley asked when final negotiations will occur and Mr. O'Donnell responded that the hope is to finalize everything by Thanksgiving.
Dr. Wallerstein stated that he plans to travel to Washington, DC, in October to meet with various Congressional members and their staffs to reinforce recent discussions on the Clean Air Partnership Proposal, as well as brief them on the State Implementation Plan (SIP) issue in more detail. Dr. Wallerstein added that he also intends to make a formal presentation to Congressional staff on the AQMD's amendment to the 1997 Air Quality Management Plan (AQMP).
Chair LaPisto-Kirtley asked if Board Members could make some contacts and Mr. Montgomery responded that it would be helpful to talk to Congressmen Cox and Dreier and thank them again for their interest. Mr. O'Donnell suggested asking Congressmen Cox and Dreier to talk to Congressman Lewis, specifically sharing that they have heard from their constituents how important and useful this program would be.
Sacramento Legislative Update
AQMD Sacramento Team Representatives Francisco Leal and Michael Corbett briefed the Committee on recent activities in Sacramento. Mr. Leal reported that the Legislature is in recess and will reconvene in January. There were 872 bills passed by the Legislature and the Governor has until October 10 to act. During this time, Legislator's hold hearings and are in their districts.
Mr. Leal reported that another issue occurring in the next few months is the Assembly Speakership. Chair LaPisto-Kirtley asked whether Speaker Villaraigosa gets to continue as Speaker for one more year. Mr. Leal responded that the Speakership could change at any time there are 41 votes to do so. Mr. Corbett added that it is not a position that one holds for a specified period of time. Mr. Leal stated that Speaker Villaraigosa is devoting time to running for Mayor of Los Angeles. Whenever you have that and the Speakership, you will have those wanting the position making an issue of it.
Mr. Leal also reported that the appointment process with the Governor's office has been very gradual and systematic and the Governor's Appointment Secretary, Dario Frommer, may be considering a run for the 43rd Assembly District. Mr. Leal added that Assembly Member Wildman, as well as Assembly Member Jack Scott, are running for the Senate seat currently held by Senator Adam Schiff. Senator Schiff is running against Congressman James Rogan for that Congressional seat. Mr. Leal stated that this may be the opportunity to press the issue of appointments to the ARB and AQMD Board with Mr. Frommer and the Governor.
Mr. Corbett reported that there will be a special election for the Congressional seat previously held by George Brown and Senator Joe Baca is a candidate. If Senator Baca wins the seat, a candidate for his Senate seat is Assembly Member Brett Granlund, who is termed out in 2000. Mr. Corbett also reported that Assembly Member Dick Floyd, who authored the "big box" retailer bill, has declared that he will run for the Senate seat, currently held by Teresa Hughes. This seat was going to be vied for between Assembly Members Carl Washington and Edward Vincent, but Assembly Member Washington has indicated he will not run for the seat. Chair LaPisto-Kirtley asked if Senator Richard Mountjoy would be able to run for another term. She added that he is to be termed out, but is currently challenging that in court. Mr. Corbett responded that he was not aware of that issue.
Mr. Corbett briefed the Committee on the status of AQMD-related bills. AB 71 (Cunneen), which opens up the HOV lanes to low emission vehicles, was recently signed by the Governor and goes into affect January 1, 2000. Other bills of interest to the AQMD are still awaiting action by the Governor. (Attachment 2 contains a summary of all bills monitored by the AQMD. Since this meeting date, AB 1403 (Soto) and SB 1195 (Hayden) have been signed into law and take affect January 1, 2000.)
Mr. Corbett encouraged the Committee and staff to begin discussions on a legislative agenda for next year. Each year, legislators are allotted a specified number of bills. The earlier a legislator is approached to carry a bill, the better the chances are. This rule does not apply to urgency measures, but there has to be a very good reason for an urgency measure. Lupe Valdez, Deputy Executive Officer/Public Affairs and Transportation Programs, added that when AB 1571 (Villaraigosa/Brulte), the Carl Moyer Program, was brought to the Committee for consideration it was not an urgency measure, but was amended to be an urgency measure. If signed by the Governor, it will go into affect immediately.
Consideration of Membership Roster for Ethnic Community Advisory Group
Ms. Valdez reported that Committee members received a copy of recommendations from the Ethnic Community Advisory Group (ECAG) for their various caucuses. The Committee package contained a list of individuals being nominated. The list contains members requesting an additional two-year term, as well as new member nominees. Ms. Valdez stated that the request is to approve the ECAG nominations for recommendation to the full Board for approval. (Attachment 3)
Because the Legislative Committee has only three members and only two were present, Peter Greenwald, General Counsel, stated that the Board's rules for committees establish a quorum as three members for purposes of making a recommendation. The rules require three affirmative votes to make a recommendation. If less than a quorum is present, the members present may make a communication to the Board.
Due to the lack of a Committee quorum, the Committee members present concurred that this item be communicated to the Board for consideration of approval.
Recommended Position on Legislation
Staff provided an analysis and recommendation on one bill and provided a brief description of the bill. (AB 84 was also discussed, but no position was taken.)
(Attachment 4)
HR 2556 (Wolf), requires the Secretary of Transportation to make a grant to a nonprofit private entity for the purpose of developing a design for a proposed pilot program relating to the use of telecommuting as a means of reducing emissions of air pollution. Ms. Valdez reported that staff is recommending a Support in Concept position. Staff believes the concept is good, but would like to work with Congressman Wolf to see if there is a role local agencies and businesses could play.
Due to the lack of a Committee quorum, the Committee concurred with staff's recommendation to Support in Concept HR 2556 and agreed to communicate this action to the Board for consideration.
Dr. Wallerstein stated that with Committee approval, he will have the current Board procedures amended to require three votes or a quorum of the full Committee. The Committee concurred.
AB 84 (Floyd), would have prohibited public agencies from approving large retail stores that exceed 100,000 square feet if 15,000 square feet or more are devoted to the sale of nontaxable merchandise. Ms. Valdez reported that the Governor vetoed the bill after it was agendized for Committee discussion.
Dr. Wallerstein stated that the reason the bill was placed on the agenda was two-fold. Supervisor Antonovich had very strong concerns about the bill and, at the county level, was proposing to request a Governor's veto of the bill. Secondly, the bill could have potentially affected existing facilities. Specifically, some Costco's have service station pumps. There was a possibility that if future modifications were needed to comply with ARB or AQMD requirements, they would not have been able to do so. That could lead to closing down the pumps and would have been felt by many residents as a significant impact. Dr. Wallerstein added he believed it was important to bring this issue to the Board's attention since the bill would have affected AQMD, although it was probably not the author's intent.
Other Business/Public Comment
Ms. Valdez stated that the Assembly Select Committee on the Alameda East Project and the Senate Select Committee on Environmental Justice are both holding informational hearings today, September 24. The Assembly Select Committee hearing is in Ontario and the Senate Select Committee hearing is being held at the AQMD.
1. Attendance Roster
2. Legislative Status Report
3. ECAG Membership Roster
4. HR 2556 (Wolf) -- National Telecommuting and Air Quality Act
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