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 Chery Cooper
CONSENT CALENDAR (Items 1 through 27) Note: Consent Calendar items held for discussion will be moved to Item No. 28. 1. Minutes of July 14, 2006 Special Board Meeting Budget/Fiscal Impact 2. Recognize and Appropriate Funds from U.S. EPA and Caltrans, and Execute
Contracts to Develop and Demonstrate Three Exhaust After-Treatment Systems for
Locomotive Engines Emissions from locomotives and train operations are expected to remain considerable in the South Coast Air Basin because of the anticipated economic growth in the region, especially at the ports of San Pedro Bay. In 1997, the U.S. EPA adopted emission standards for locomotives which do not require exhaust after-treatment such as catalysts or particulate filters. However, advancements in emission control show that such technologies are feasible for locomotives and would help to attain ambient standards in the basin. This action is to: 1) recognize revenue upon receipt of the award and appropriate funds to the FY 2006-07 Budget of $200,000 and $380,000 from U.S. EPA and Caltrans, respectively; and 2) execute contracts for three projects which involve exhaust after-treatment on three different types of locomotive engines. The total funding cost for these three projects is not to exceed $726,591. Co-funding of $580,000 from U.S. EPA and Caltrans is available with the remaining funds from the Rule 1309.1 Priority Reserve. (Review: Technology Committee, July 28, 2006) 3. Recognize Funds from CARB and Execute Contracts to
Re-power Construction Equipment Under Carl Moyer
Multi-District Program, and Execute Contracts with Interest
Funds from Carl Moyer Program Fund In June 2005, CARB allocated $1,623,926 to the AQMD for construction equipment re-powering projects under the Carl Moyer Multi-District Program. This action is to recognize $1,623,926 from CARB under this program, and to execute contracts with Peed Equipment and Sukut Equipment in the amounts not to exceed $860,000 and $763,926 respectively, from the Carl Moyer Program Fund Account SB 1107. This action is also to execute contracts from the back-up list of unfunded projects, originally approved by the Board on July 7, 2006, with any interest funds available from the Carl Moyer Program Fund. (Review: Technology Committee, July 28, 2006) 4. Extend Term of Current Interagency Agreement with State of California
Department of General Services to Purchase Natural Gas for Operation of Microturbines at AQMD Headquarters At its July 2002 meeting, the Board authorized the Chairman to execute an Interagency Agreement with the State of California Department of General Services (DGS) to purchase natural gas for the operation of microturbines at AQMD Headquarters for a one year period with the option to renew annually for four additional years. Since then DGS has provided AQMD with competitively priced natural gas service and is now offering AQMD the option to renew for a five year contract. This action is to continue to utilize the State of California DGS Natural Gas Services Program to provide this natural gas service. The estimated annual gas cost is $88,000, but should result in an overall net electricity and gas cost savings of more than $42,000 per year, based on current energy costs. (Review: Technology Committee, July 28, 2006) 5. Issue RFP for Demonstration of Refinery Fenceline Monitoring On April 7, 2006, the Board allocated $350,000 and directed staff to prepare an RFP for a demonstration of fenceline monitoring of refineries to be funded with Rule 1173 mitigation fees. In addition, the Board set aside $150,000 under the BP/ARCO Settlement Funds to develop remote sensing at stationary sources. The pilot program will involve design, installation, and operation of fenceline monitoring at a refinery. The project will demonstrate the feasibility of using fenceline monitoring and remote sensing to alert local schools of high air pollution levels. This action is to issue an RFP in the amount not to exceed $500,000 for the fenceline monitoring with $350,000 of Rule 1173 Mitigation Funds and $150,000 under the BP/ARCO Settlement Funds. (Review: Technology Committee, July 28, 2006) 6. Issue RFP for New Natural Gas Fueling Station
Infrastructure at School Districts/Joint Power Authorities and Execute Sole
Source Contract Award to Offset CNG Infrastructure Costs The AQMD has funded the replacement of older diesel buses with new lower-emitting diesel or CNG buses through the Lower-Emission School Bus Program. Although funding of up to 10 percent of the award amount for each new CNG bus was made available for CNG fueling infrastructure, additional funds are needed to help school districts expand their clean fuel bus fleets. This action is to: 1) issue an RFP to assist school districts in establishing additional natural gas fueling infrastructure at a total cost not to exceed $2,000,000 from the Clean Fuels, Rule 1309.1 and AES Settlement Funds; and 2) award Downey Unified School District $108,000 to offset CNG infrastructure costs. Previous funding commitments where funds are no longer needed will be used to augment this solicitation. (Review: Technology Committee, July 28, 2006) 7. Execute Contract to Cosponsor Outreach Project for Innovative Schools
Advancing Air Quality Innovative Schools Advancing Air Quality (ISAAQ) is an organization of high school teachers in Southern California who educate students on the importance of clean alternative energy for the future of transportation. The ISAAQ is requesting funding to re-initiate the ZEV Challenge competition and expand the program to three years to provide high school students the opportunity to design, build and compete with electric and solar vehicles. This action is to support the ISAAQ program at a cost not to exceed $63,000 from Clean Fuels Funds. (Review: Technology Committee, July 28, 2006) 8. Approve Budget for Air Monitoring in Port Area and I-710 Freeway
Corridor and Issue Purchase Orders As part of the Clean Port Initiative, enhanced air monitoring of criteria pollutants and air toxics in the port community will be conducted over an 18-month period. Staff is in the process of developing an air monitoring protocol for the program and has prepared a budget to conduct the program. In addition, considerable port truck traffic is expected related to the proposed expansion of the I-710. In order to prepare for future analysis of the proposed freeway corridor, staff proposes to conduct air monitoring at various locations along the corridor in conjunction with the port monitoring program. This action is to approve a budget to conduct air monitoring in the port community area and along the I-710 Freeway Corridor at a cost not to exceed $700,000. In addition, this action is to purchase additional field instruments with the Board's approval of the proposed budget. $400,000 is available from the BP ARCO Settlement funds that the Board approved in April 2006. Staff is requesting that the remaining $300,000 come out of the Undesignated Fund Balance. (Review: Administrative Committee, July 14, 2006) 9. Recommendation on Long-Term Debt Reduction Utilizing
One-Time Penalty/Settlement Revenues; Approval of Resolution Authorizing AQMD to
Enter into Guaranteed Investment Contract; and Approval to Hire Specialized
Legal and Financial Advisory Services The Board, at its June 9, 2006 meeting, directed staff to develop for Board consideration a long-term debt reduction proposal utilizing one-time penalty/settlement revenue. This item requests Board approval of a resolution authorizing AQMD to enter into a guaranteed investment contract with a Triple A rated provider to defease a portion of AQMD's debt service payments through 2014 and to enter into contracts with legal and financial advisory services to complete the defeasance transactions. A report on the debt defeasance options available to AQMD and staff's proposal was presented to the Finance Committee on May 19, 2006. (Review: Finance Committee, May 19, 2006 and Administrative Committee, July 14, 2006) 10. Authorize Transfer from AQMD Building Corporation Restricted Fund to
New AQMD Building Corporation Depository Account with US Bank to Cover Ongoing
Operation of Building Corporation Until All Bonds Mature In 1989, AQMD set aside monies in a restricted fund to cover the ongoing operational expenses of the AQMD Building Corporation associated with the construction and debt service of the Diamond Bar Headquarters Facilities. To date, all Building Corporation expenses regarding legal, trustee and audit costs have been paid for by the Trustee from Bond proceeds and interest earnings. With the completion of tax arbitrage payments to the IRS and the close-out of all remaining construction related items, the Construction Trust Fund and Rebate Funds Series A and B balances are to be transferred to the Installment Purchase Payment Fund pursuant to the Installment Sale Purchase Trust Agreement. This action requests the transfer from the AQMD to the Bond Trustee a total of $250,000 from the AQMD Building Corporation Restricted Fund to a new Depository Account to fund the remaining ongoing operations of the Building Corporation through 2015 and the transfer of the remaining fund balances in the Restricted Fund to the AQMD General Fund. (Review: Administrative Committee, July 14, 2006) 11a. Authorize Purchase of Videoconferencing Display Upgrades Videoconferencing makes it possible for Board members to attend Board Committee and other meetings without being on-site. Additional display equipment is desired to enhance the current onsite capabilities and to allow permanent installation of existing videoconferencing equipment in the Board Conference Room (CC8). This action is to authorize the purchase of two flat-panel displays and associated accessories to upgrade existing display equipment. 11b. Authorize Executive Officer to Contract with Chery Cooper to Provide
Services as WebEditor and Approve Findings Supporting Contract Staff proposes to contract with Chery Cooper, former AQMD Administrative Assistant/WebEditor (who retires from AQMD employment on September 8, 2006) to provide services as WebEditor, overseeing the AQMD’s Website content and leading the team of AQMD Web Deputies in accordance with IM policies and procedures. Health and Safety Code section 40426.7 requires the Board to make certain findings before contracting with certain District employees within 12 months following retirement. Pursuant to Section 40426.7, the Board can make all the findings with regards to Ms. Cooper’s proposed contract. 12. Amend Contract for Lease of South Bay Field Office On July 20, 2001, the Board approved renewal of the lease for the South Bay field office, used by inspectors who conduct refinery inspections in the area. This action is to amend the contract to extend the lease with Circle Racquet Ball Courts for another five-year term. Funding for this lease contract has been included in the FY 2006-07 Budget and will be requested in successive fiscal years. (Review: Administrative Committee, July 14, 2006) 13. Authorize Expenditures for Diamond Bar Headquarters Building
Refurbishment A number of building maintenance projects have been deferred over the past several years. To meet obligations to building tenants and to avoid even greater expenditures that could result if maintenance continues to be postponed, this action is to undertake several projects for the upkeep of the Diamond Bar headquarters building. Funds have been set aside in a special designation for building refurbishment projects. (Review: Administrative Committee, July 14, 2006) 14. Approve Amendment of Office Clerical and Maintenance Bargaining Unit MOU with Teamsters Local 911 The three-year labor agreement between AQMD and Teamsters Local 911 with respect to the Office Clerical and Maintenance bargaining unit left open to negotiation salary and health benefits cap adjustments in the second and third years of the contract term. Agreement has been reached on adjustments for the remaining two years of the contract that are consistent with adjustments approved by the Board for other agency employees. This agreement has been ratified by bargaining unit members. This action is to present the ratified agreement to the Board for approval as an amended three-year MOU. 15. Authorize Execution of Memorandum of Understanding between Member
Agencies of Coachella Valley Association of Governments and South Coast Air
Quality Management District Since the early 1990s, local Coachella Valley jurisdictions and AQMD have cooperated in implementing PM10 dust controls to ensure healthful air. To ensure uniform dust control valley-wide, the most recently approved Coachella Valley PM10 State Implementation Plan called for dust control responsibilities to be specified through a formal agreement. The Coachella Valley Association of Governments has signed MOUs with its member jurisdictions that specify responsibilities and commitments for all agencies involved in Coachella Valley dust control. As a partner in the valley dust control efforts, AQMD is a needed signatory to formally establish compliance responsibilities as specified in the MOUs. This action is to authorize the Executive Officer to enter into an MOU with the Coachella Valley Association of Governments and its member agencies. (Review: Mobile Source Committee, May 26, 2006) 16. Issue RFP for Legislative Representation in Sacramento, California Direct representation in Sacramento is necessary to further AQMD policy positions at the state level. This action calls for the issuance of an RFP for legislative consulting service in Sacramento, California, with the service commencing on November 12, 2006 and expiring on November 11, 2007. The RFP will also indicate that the services contract may be extended for up to two additional one-year terms. Total expenditures for the contract shall be up to $339,600 for the initial one-year period. This represents a reduction of over $100,000 from previous year's total allocation for consulting services in Sacramento. Funding for extension of the contract will be contingent upon satisfactory performance and Board approval of the budget for the respective fiscal years. (Review: Administrative Committee, July 14, 2006 and Legislative Committee, July 28, 2006) 17. This item was withdrawn by staff. As part of the FY 2002-03 Work Program, the MSRC approved a $24,895 award to Cathedral City for wind fencing. The contract expired before execution of the extension modification; thus, the MSRC requests Board approval to award a new/replacement contract. As part of FY 2005-06 Work Program, the MSRC approved $2.5 million for alternative fuel infrastructure; eight awards totaling $1,733,981 were already approved. The MSRC requests approval of seven new projects totaling $1,043,750, which uses the remaining allocation plus $277,731 from unencumbered carryover funds. The MSRC also allocated $2 million for CNG school bus incentives and requests the Board approve $420,000 and $110,000 contract increases for BusWest and A-Z Bus Sales, respectively. Finally, as part of FY 2006-07 Work Program, the MSRC requests approval of $2 million for school bus incentives for private providers and $50,930 to exercise the FY 2006-07 option for programmatic outreach with Better World Group. The MSRC further requests authority to adjust contracts up to five percent and for the Board Chairman to execute agreements. (Review: Mobile Source Air Pollution Reduction Review Committee, August 17, 2006) Information Only - Receive and File 19. Public Affairs Report This report highlights the June and July 2006 outreach activities of Public Affairs, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 20. Hearing Board Report This reports the actions taken by the Hearing Board during the period of June 1 through July 31, 2006. 21. Civil Filing and Civil Penalties Report This reports the monthly penalties from April 1 through May 31, 2006, and legal actions filed by the District Prosecutor during May 1 through June 30, 2006. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 22. 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 June 1, 2006 and July 31, 2006, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. 23. Rule and Control Measure Forecast This report highlights AQMD rulemaking activities and public workshops potentially scheduled for the year 2006. 24. Annual Report on AB 2766 Funds from Motor Vehicle Registration Fees
for FY 2004-05 This report contains data on the AB 2766 Subvention Fund Program for FY 2004-05 as requested by CARB. (Review: Mobile Source Committee, July 28, 2006) 25. Summary of Changes to FY 2005-06 Approved Budget This is the annual report of budget changes for FY 2005-06. 26. FY 2005-06 Contract Activity This report lists the number of contracts let during FY 2005-06, the respective dollar amounts, award type, and the authorized contract signatory for the AQMD. This report includes the data provided in the March 2006 report covering contract activity for the first six months of FY 2005-06. 27. Report on Major Projects for Information Management
Scheduled to Start During First Six Months of 2006-07 Information Management is responsible for data systems management services in support of all AQMD operations. This action is to provide the monthly status report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2006-07. 28. Items Deferred from Consent Calendar BOARD CALENDAR 29. Administrative Committee 30. Legislative Committee The Legislative Committee held a special meeting on Friday, July 28, 2006 to discuss the issuance of RFPs for Legislative Representation in Sacramento, California and Washington, D.C. SB 1205 (Escutia) was also discussed. The next Legislative Committee meeting is scheduled for Friday, September 15, 2006 at 8:00 a.m. in Conference Room CC8.
31. Mobile Source Committee 32. Stationary Source Committee 33. Technology Committee 34. Mobile Source Air Pollution Reduction Review Committee 35. California Air Resources Board Monthly Report 36. California Fuel Cell Partnership Steering Team Report and Quarterly
Activity Report On May 5, 2006, the Board approved the proposal to renew membership in the California Fuel Cell Partnership (CaFCP) for 2006 and requested that the CaFCP provide detailed quarterly reports on CaFCP activities to the Board in a format similar to the monthly Public Affairs Report. This report summarizes the California Fuel Cell Partnership Steering Team meeting held July 18-19, 2006 and provides an activity report for April through June, 2006. (Review: Technology Committee, July 28, 2006) PUBLIC HEARINGS 37. Amend Rule 1157 – PM10 Emission Reductions from Aggregate and Related
Operations The proposed amendment simplifies and streamlines the implementation of the high wind exemption provision in accordance with a settlement agreement reached last year with the industry. The proposed amendment specifies the additional dust control strategies that an aggregate facility must implement in order to qualify for the exemption. The Board has discretion to approve or reject the proposed amendment. (Review: Stationary Source Committee, April 28, 2006) 38. Amend Rule 1171 - Solvent Cleaning Operations Staff recommends that this item be continued to the October 6, 2006 Board meeting. Board consideration of a portion of subdivision (c)(1) of Proposed Amended Rule 1171 for newsprint was continued to the September 8, 2006 meeting to allow time for additional field evaluation. Staff proposes to implement the 100 gram per liter VOC limit for clean up solvents for ink application equipment used for lithographic printing on newsprint. 39. Amend Rule 1309.1 – Priority Reserve and Approve an Inter-district
Transfer of VOC Priority Reserve Credits to Inland Energy Proposed amendments to Rule 1309.1 will allow qualifying electric generating facilities, to access the Priority Reserve for the purpose of procuring offset credits. Amendments also include adjustment of the offset credit price schedule and offset ratio for such credits and approval of and inter-district transfer of VOC credits from the Priority Reserve to Inland Energy. (Review: Stationary Source Committee, July 28, 2006) 40. Amend Regulation IX – Standards of Performance for New Stationary
Sources U.S. EPA has authorized local air districts to implement federal standards set in 40 Code of Federal Regulations (CFR) Part 60, Standards of Performance for New Stationary Sources (NSPS), and Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAPs). Periodic amendments to Regulations IX and X incorporate new or amended standards by reference. Five actions for NSPS are proposed for incorporation into Regulation IX. There were no actions regarding NESHAPs, Part 61. The NSPS amendments include: adding alternative emissions monitoring requirements; corrections and definitions; and establishing a "cap-and-trade" program for mercury emissions from coal-fired electric utility steam generating units. (Review: Stationary Source Committee, June 23, 2006) 41. Adopt Proposed Rule 1315 – Federal New Source Review Tracking System Proposed Rule 1315 was developed to formalize AQMD's accounting methodology for tracking credits to and debits from its internal NSR offset accounts for the purpose of demonstrating programmatic equivalency between AQMD's NSR program and federal NSR requirements. In addition, U.S. EPA has requested adoption of and AQMD staff has agreed to propose an NSR tracking rule to the Board for adoption as a necessary condition for U.S. EPA's future approval of Rule 1309.2 - Offset Budget in the SIP. (Review: Stationary Source Committee, July 28, 2006) 42. Adopt Proposed Rule 410 – Odors from Transfer Stations and Material
Recovery Facilities Staff recommends that this item be continued to the October 6, 2006 Board meeting. Proposed Rule 410 establishes requirements for transfer stations and material recovery facilities (MRFs) handling municipal solid waste. The purpose of the proposed rule is to provide a preventative approach to reduce odors from transfer stations and MRFs. The proposed rule will apply to new, modified, and existing transfer stations and MRFs. Under the proposed rule, affected facilities would be required to submit an Odor Management Plan. The proposed rule will have an exemption option for submittal of the PR 410 Odor Management Plan if the facility has an Odor Management Plan approved by its Local Enforcement Agency that is incorporated in their solid waste permit. (Review: Stationary Source Committee, September 23, 2005, May 26, 2006, and July 28, 2006) OTHER BUSINESS BOARD MEMBER TRAVEL – (No Written Material) Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3) CLOSED SESSION – (No Written Material)
ADJOURNMENT
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |