BOARD MEETING DATE: December 5, 2003 AGENDA NO. 19

BOARD MEETING DATE: December 5, 2003
AGENDA NO. 19

REPORT:

Legislative Committee

SYNOPSIS:

The Legislative Committee has reviewed the AQMD’s Draft 2004 State and Federal Legislative Goals and Objectives and recommends them for adoption.

RECOMMENDED ACTION:

Approve the proposed 2004 State and Federal Legislative Goals and Objectives.

Jane W. Carney, Vice Chair
Legislative Committee

Attendance [Attachment 1]

The Legislative Committee met on November 14, 2003. Present were Jane Carney, Vice Chair, and Committee Members Michael Antonovich and S. Roy Wilson by videoconference.

Sacramento Report/Update

Allan Lind, AQMD Sacramento Legislative Representative, reported that the legislature was in a transition period. Mr. Lind provided a five-year retrospective overview of the Davis administration.

Mr. Lind reported that there are 43 two-year bills that are being monitored and which need to pass by January 31, 2004. Continued discussions with the authors and others are necessary. There are 10 Senators terming out, three of whom are members of the South Coast delegation (Senators Brulte, Johnson and Karnette). In the Assembly there are 18 members terming out; nine of them are part of our legislative delegation and many of them are in leadership positions (Assembly Members Wesson, Bates, Correa, Firebaugh, Longville, Lowenthal, Maddox, Nakano and Pacheco).

The new Governor will be sworn in on November 17. It is expected that he will issue a proclamation bringing the Legislature into Special Session on November 18.

Draft 2004 State Legislative Goals and Objectives [Attachment 2]

Oscar Abarca, Assistant Deputy Executive Officer, Public Affairs, reported that Executive staff has developed a list of themes for the draft 2004 State Legislative Goals and Objectives. Staff recommends that the highest Legislative priority for this agency should be to pursue statutory authority and funding for the successful implementation of the State Implementation Plan (SIP) recently adopted by the California Air Resources Board (CARB), including the recommendations made by Supervisor Mike Antonovich during his testimony before CARB on October 23. A second priority for the agency should be to secure stable future funding sources for the Carl Moyer and School Bus programs which have limited funding left. AQMD also needs to focus on stabilizing the District’s state subvention funds. Staff is asking for authority to pursue, as needed, legislative action to ensure that the funding for the successful implementation for the SIP, Carl Moyer and School Bus programs, and state subvention funds takes place.

Additionally, staff believes there is a need to remain vigilant for any future proposed increases in, or additional, stationary source fees by CARB. Last year the California State Legislative Analyst’s Office recommended that CARB increase its fee authority on some of the sources that AQMD also regulates.

Committee Vice-Chair Board Member Carney asked that staff work closely with CARB on legislation that specifically addresses the measures that agency adopted for SIP implementation.

She also asked staff to include analysis information on emissions reductions, implementation time lines, and costs for any legislative proposals so that adequate performance measures would be incorporated.

The Legislative Committee approved the Draft 2004 State Legislative Goals and Objectives.

Washington Report/Update [Attachment 3]

Lynn Jacquez, AQMD Federal Legislative Representative, reported that they had been focusing on the Energy Bill and the Bond provision to the VA-HUD Appropriations Bill, which included language allowing exclusive Federal U.S. EPA control of internal combustion engines of less than 50 horsepower. Senator Feinstein, Congressman Lewis, and California Appropriations Committee members have consulted with Chairman Walsh, and others are following suit. It is expected that the VA-HUD Bill will be part of the Omnibus Bill and could be finalized by the end of next week.

Draft 2004 Federal Legislative Goals and Objectives [Attachment 4]

Oscar Abarca report that staff had discussions with the Washington, D.C. consultants and developed a set of broad themes to form the basis for the 2004 Federal Legislative Goals and Objectives. Six of the seven themes involve seeking additional funding from various federal departments. The seventh proposal would seek to get a seat at the table for this agency in discussions about the disbursement of the Congestion Mitigation and Air Quality Improvement (CEMAQ) funds for Southern California.

The Legislative Committee approved the Draft 2004 Federal Legislative Goals and Objectives.

AQMD Legislative Summit

Oscar Abarca reported that the Board directed staff and the community outreach consultant team to organize a Legislative Summit to bring legislators into a forum to discuss local and state air quality programs. He described a three-phase program to ensure that the Federal and State legislators are well-versed with the issues and challenges for reaching attainment in our air basin.