GOVERNING BOARD AGENDA
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A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California. Most agenda items are described in a “Board Letter” which may be accessed by clicking the appropriate link below. Some Board Letters also have attachments in various formats, such as .doc, .xls, .ppt, .pdf, .zip, .exe, and others. Attachments may be accessed for viewing or downloading by clicking on the word “Attachment” at the end of the Board Letter. For help in downloading “.exe” or “.zip” files, please click here.
CALL TO ORDER Pledge of Allegiance Opening Comments:
Presentation of Retirement Award to Tom Parsons
Election of Chair and Vice Chair for Term Ending January 2008
CONSENT CALENDAR (Items 1 through 19) Note: Consent Calendar items held for discussion will be moved to Item No. 20. 1. Minutes of September 9, 2005 Board Meeting 2. Set Public Hearings November 4,
20051 to Consider Amendment
and/or Adoption to AQMD Rules and Regulations to: 1
Note: The November 4, 2005 Board
Meeting will be held in the Council Chambers at Long Beach City Hall, Budget/Fiscal Impact 3. Execute Contracts for Natural Gas Refueling Station Infrastructure On June 3, 2005, the Board approved the release of an RFP to solicit proposals for natural gas refueling station infrastructure projects in the amount of $1,020,567. Eight proposals were received by the closing date. Staff believes that six of the eight new proposals deserve funding as two were for station upgrades and did not identify new load or additional fueling throughput. Staff recommends funding these six new proposals in the amount of $1,054,137, as well as four proposals held over from the previous solicitation of January 7, 2005 in the amount of $530,000. Staff proposes that $563,570 from the Clean Fuels Fund be used to augment the original budget of $1,020,567 to cover all ten recommended proposals for a total amount not to exceed $1,584,137 from the Clean Fuels Fund. In addition, staff recommends setting aside $500,000 from the Clean Fuels Fund to facilitate the development and expansion of the LNG refueling infrastructure. (Review: Technology Committee, September 23, 2005) 4. Amend Contract with Air Products and Chemicals, Inc., to Purchase and
Install Additional Equipment at Torrance Pipeline Hydrogen Fueling Station At the June 6, 2003 Board meeting, the Board approved funding for a compressed hydrogen fueling station that would connect directly to the Air Products and Chemicals, Inc. industrial hydrogen pipeline. Over the past two years, automobile manufacturers have adopted more stringent purity limits of the hydrogen used as fuel in their vehicles. There is a need to enhance the fuel delivery system in order to provide the higher quality hydrogen fuel. This action is to amend the Torrance Pipeline Hydrogen Fueling Station contract with Air Products and Chemicals to install additional equipment that will improve the fuel quality of hydrogen dispensed by the pipeline station. Supplemental funding in an amount not to exceed $89,051 is needed to purchase and install the additional equipment and is available from the Clean Fuels Fund. (Review: Technology Committee, September 23, 2005) 5. Amend Contract to Provide Maintenance Services for Hydrogen Fueling
Stations for “Five Cities” Project Participants On August 6 and December 3, 2004, the Board authorized execution of contracts to construct hydrogen fueling stations in five cities to support the AQMD’s “Five Cities” Project. The fueling stations will support a fleet of five electric hybrid vehicles at each site that have been converted to hydrogen fuel. This action is to fund maintenance services for these stations for the five-year project term in an additional amount not to exceed $903,332 from the Clean fuels Fund. (Review: Technology Committee, September 23, 2005) 6. Recognize and Appropriate Funds from California Energy Commission and
Adopt Resolution to Receive and Administer Funds to Support AQMD “Five Cities”
Hydrogen Program The California Energy Commission (CEC) on behalf of the U.S. DOE has approved Clean Cities Program grant funding in support of five proposed hydrogen fueling stations at the cities of Santa Monica, Riverside, Burbank, Santa Ana and Ontario. These five stations will provide hydrogen fuel for 25 Toyota Prius Electric Hybrid vehicles that have been converted to utilize hydrogen as their fuel. The CEC requires the AQMD Governing Board to adopt a resolution to receive and administer their funding for these five projects known as the “Five Cities” Program. This funding will be used to support the purchase the fueling and storage equipment and will cover about 5% of the overall AQMD project costs. This action is to recognize and appropriate $137,939 from the CEC for the AQMD “Five Cities” Hydrogen Program and to adopt a Resolution to receive the funds. (Review: Technology Committee, September 23, 2005) 7. Execute Five Agreements to Cosponsor Research Projects with CARB CARB research staff has requested co-funding from the AQMD for five research projects. The projects include a field demonstration of an advanced technology boiler, development and demonstration of a natural gas hybrid-electric transit bus, the physical and toxicological characterization of particulate matter from motor vehicles, community saturation monitoring of pollutants in Wilmington, and assessment of the quality of LPG gas used as a motor fuel. This action is to approve funding for these projects. The total cost of these projects is $2,680,109. AQMD co-funding will not exceed $783,975. (Review: Technology Committee, September 23, 2005) 8. Issue Program Announcement for Production of Electric Lawn Mowers for AQMD’s Lawn Mower Incentive Program To follow up on the successful Lawn Mower Exchange Programs of Spring of 2003, 2004 and 2005, staff proposes to offer a similar incentive in the Spring of 2006 to generate cost-effective emission reductions. This action is to issue a program announcement to solicit competitive bids from the manufacturers of cordless electric lawn mowers in sufficient quantities and at the lowest possible price. (Review: Mobile Source Committee, September 23, 2005) Action Item/No Fiscal Impact 9. Establish Lists of Prequalified Counsel to (1) Represent and Advise
AQMD on Legal Matters Related to Environmental Law, and (2) Represent and Advise
AQMD Hearing Board On May 6, 2005, the Board approved issuance of an RFP to prequalify outside counsel having expertise in the California Environmental Quality Act, AQMD rulemaking and planning procedures, administrative law and related issues for both the AQMD and the AQMD Hearing Board. The RFP was issued jointly to limit costs. The evaluation of responding firms has been completed. This action is to establish two lists of prequalified counsel; one to represent the AQMD and one to represent the AQMD Hearing Board in environmental law areas. (Review: Administrative Committee, September 9, 2005) 10. Revise Procurement Policy and Procedure This action is to revise the AQMD's Procurement Policy and Procedure to award additional points to bidders who commit to deliver supplies and materials to AQMD during off-peak traffic hours. (Review: Administrative Committee, September 9, 2005) Information Only - Receive and File 11. Public Affairs Report This report highlights the August 2005 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 12. Hearing Board Report This reports the actions taken by the Hearing Board during the period of August 1 through August 31, 2005. 13. Civil Filing and Civil Penalties Report This reports the monthly penalties from June 1 through June 30, 2005, and legal actions filed by the District Prosecutor during July 1 through July 31, 2005. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 14. Lead Agency Projects and Environmental
Documents Received by AQMD This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between August 1, 2005, and August 31, 2005, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, September 23, 2005) 15. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2005. 16. Annual Report on AB 2766 Funds from Motor
Vehicle Registration Fees for FY 2003-04 This report contains a summary of financial and program data from local governments on the AB 2766 Subvention Fund Program during FY 2003-04 for submittal to the California Air Resources Board.(Review: Mobile Source Committee, July 22, 2005) 17. Audit Report of AB 2766 Fee Revenue Recipients for FYs Ending June 30,
2002 and 2003 Health and Safety Code Section 44244.1 requires any agency that receives fee revenues subvened from the Department of Motor Vehicles to be audited once every two years. This audit of AQMD's share, MSRC's share, and local governments' share of such subvened funds, performed by independent Certified Public Accountants, has been completed. (Review: Administrative Committee, July 15, 2005) 18. Report of RFPs and RFQs Scheduled for Release in October This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of October. (Review: Administrative Committee, September 9, 2005) 19. Status Report on Major Projects for Information
Management Scheduled to Start During First Six Months of 2005-06 Information Management is responsible for data systems management services in support of all AQMD operations. This action is to report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2005-06. 20. Items Deferred from Consent Calendar BOARD CALENDAR
21. Administrative Committee 22. Mobile Source Committee 23. Stationary Source Committee 24. Technology Committee 25. California Air Resources Board Monthly Report PUBLIC HEARINGS 26. Adopt Proposed Rule 1401.1 - Requirements for New and Relocated
Facilities Near Schools Proposed Rule 1401.1 implements Strategy No. 2 from the White Paper titled Potential Control Strategies to Address Cumulative Impacts from Air Pollution. The proposed rule consists of more stringent risk requirements for new or relocated facilities siting immediately adjacent to existing and approved schools. (Review: Stationary Source Committee, February 25, April 22, July 22, and September 23, 2005) 27. Adopt Proposed Rule 3503 - Emissions Inventory and Health Risk
Assessment for Railyards Proposed Rule 3503 requires railroad operators to develop criteria pollutant and toxic emissions inventories for railyards in the Basin and to conduct health risk assessments to estimate the cancer and noncancer risks caused by emissions at railyards. In addition, Proposed Rule 3503 requires railroad operators to notify the public regarding such health risks. The proposed rule is applicable to railyards operated by Class I freight railyards and switching and terminal railroads in the Basin. (Review: Mobile Source Committee, March 25, 2005, July 22, 2005, and September 23, 2005) OTHER BUSINESS
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)
CLOSED SESSION – (No Written Material) It is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The actions are: Engine Manufacturers Association, et al. v. SCAQMD, et al., United States District Court Case No. CV-00-09065 FMC (BQRx); Western States Petroleum Association v. SCAQMD, et al., Los Angeles Superior Court Case No. BS 087190; Communities for a Better Environment v. SCAQMD, et al., ConocoPhillips Company, Los Angeles Superior Court Case Nos. BS091275 and BS091276; and George v. SCAQMD, et al., United States District Court Case No. EDCV-02-906-RGK (SGLx). It is also necessary for the Board to recess to closed session pursuant to Government Code section 54597.6(a) to meet with designated representatives regarding represented employee salaries and benefits or other mandatory subjects within the scope of representation [Negotiator: Eudora Tharp; Represented Employees: Teamsters Local 911 and SCAQMD Professional Employees Association] and to meet with labor negotiators regarding unrepresented employees [Agency Designated Representative: Eudora Tharp; Unrepresented Employees: Designated Deputies and Management and Confidential employees]. ADJOURNMENT
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |