GOVERNING BOARD AGENDA
|
||||||||||||||||||||
AQMD MEETING IN RIVERSIDEMEETING, April 6, 2007 – 9:00 A.M.A meeting of the South Coast Air Quality Management District Board will be
held in the The agenda and documents in the agenda packet will be made available upon request in appropriate alternative formats to assist persons with a disability. Disability-related accommodations will also be made available to allow participation in the Board meeting. Any accommodations must be requested as soon as practicable. Requests will be accommodated to the extent feasible. Please telephone the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to 5:30 p.m. Tuesday through Friday. CALL TO ORDER Pledge of Allegiance Opening Comments:
Presentation to Outgoing Board Member Cynthia Verdugo-Peralta, Burke CONSENT CALENDAR (Items 1 through 26) Note: Consent Calendar items held for discussion will be moved to Item No. 27. 1. Minutes of March 2, 2007 Board Meeting 2. Set Public Hearings May 4, 2007 1
to Consider Amendments and/or Adoption to AQMD Rules and Regulations
3. Set Public Hearing May 4, 2007 to
Adopt FY 2007-08 AQMD Budget On February 2, 2007, the Board approved a recommended action to set the Public Hearing date to Adopt the FY 2007-08 AQMD Budget for June 1, 2007. This action is to set the hearing date for May 4, 2007. Budget/Fiscal Impact 4. Execute Contract for Janitorial Services at Diamond Bar Headquarters The current contract for Diamond Bar headquarters janitorial services was scheduled to expire February 28, 2007. On October 6, 2006, the Board approved release of an RFP to solicit proposals from firms interested in providing this service for the next three-year period. Clarification was needed with respect to several of the bids received, and the current contract was extended to April 30, 2007. This action is to execute a three-year and two-month contract (to move to a fiscal year-based contract) with Priority Building Services, LLC, through June 30, 2010, for an amount not to exceed $977,436. Funding for this contract has been included in the FY 2006-07 Budget and will be requested in successive fiscal years. (Review: Administrative Committee, March 9, 2007) 5. Execute Contract for Workers' Compensation Claims
Third-Party Administration The current contract for workers’ compensation claims administration services expires April 30, 2007. On December 5, 2006, the Board approved the release of an RFP to solicit proposals from firms interested in providing these services. This action is to execute a three-year and two-month contract (to move to a fiscal year-based contract) with ACME Administrators, Inc., through June 30, 2010, for a total amount not to exceed $180,145. Funding for this contract has been included in the Fiscal Year 2006-07 Budget and will be requested in successive fiscal years. (Review: Administrative Committee, March 9, 2007) 6. Issue Purchase Order for CNG Passenger Vehicles for AQMD Fleet On November 3, 2006, the Board approved release of an RFQ for the purchase of dedicated-CNG compact cars for a special enhanced particulate monitoring program. This action is to issue a purchase order, based on the same competitive RFQ bids, to Honda of Thousand Oaks for an additional 27 vehicles to replace high-mileage, high-maintenance-cost vehicles in AQMD’s fleet. The cost of this purchase would not exceed $720,000, and funds are available in the FY 2006-07 Budget. (Review: Administrative Committee, March 9, 2007) 7. Adopt Resolution to Implement Voluntary Employee Medicare On May 5, 2006, the Board approved a resolution requesting California Public Employees Retirement System (CALPERS) conduct an election to allow AQMD employees who do not currently pay Medicare taxes to elect to do so. That election resulted in 39 employees electing to pay Medicare taxes. This action is to adopt the CALPERS-required resolution to implement Medicare participation for these 39 employees. The current annual cost for AQMD’s share of Medicare taxes for these 39 employees is approximately $46,055. (Review: Administrative Committee, March 9, 2007) 8. Amend Contracts to Provide Short- and Long-Term Systems Development,
Maintenance and Support Services The AQMD currently has contracts with several companies for short- and long-term systems development, maintenance and support services. These contracts are periodically amended to add budgeted funds as additional needs are defined. This action is to amend the contracts approved by the Board to add additional funding for needed development and maintenance work. Funds for this purchase are included in the FY 2006-07 Budget. (Review: Administrative Committee, March 9, 2007) 9.Authorize Purchase of Maintenance and Support Services for Mini Computer
Hardware/Software The mini computers are used by most enterprise-level software applications at the AQMD and currently support a suite of client/server and web-based applications known collectively as the Clean Air Support System (CLASS). The CLASS applications are used to support all of the AQMD core activities. Maintenance support for these computers expires April 30, 2007. This action is to obtain approval for the sole-source purchase of mini computer hardware/software maintenance and support services from Hewlett Packard Company for one year. Funds ($235,000) for this expense are included in the FY 2006-07 Budget. (Review: Administrative Committee, March 9, 2007) 10. Execute Contracts to Cosponsor Development and Demonstration of
Selective Catalytic Regeneration Technology for NOx and PM Emissions Control of
Diesel-Powered Heavy Heavy-Duty Trucks Diesel-powered on-road heavy heavy-duty vehicles contribute over 70 percent and 85 percent of the total Basin NOx and PM emissions, respectively from 1998 to 2002 model year heavy-duty diesel vehicles, based on CARB's EMFAC 2007 emissions model. Selective catalytic reduction and particulate filter technologies are capable of significantly reducing NOx and PM emissions from diesel engines. This action is to award contracts to Johnson Matthey Inc., and West Virginia University to design, install, quantify emissions of, and demonstrate a selective catalytic regenerating technology on 15 1998 through 2002 model year on-road vehicles equipped with diesel engines rated at 350 hp or more at a cost not to exceed $330,000 from the Clean Fuels Fund. The total cost of the proposed project is $731,500 and Johnson Matthey will provide $401,500 in direct funding and in-kind contributions. (Review: Technology Committee, March 23, 2007) 11. Execute Contract to Cosponsor Upgrade and Demonstration of Fuel Cell
Bus In May 2001, the Board approved a hybrid electric fuel cell bus demonstration project. This project successfully demonstrated a fuel cell bus with double the energy efficiency of a comparable existing natural gas bus, with equivalent reliability. This bus was retired in late 2004 due to the expiration of the fuel cell warranty. ISE Corporation, the original project proponent, is proposing to replace the fuel cell with a new design that includes a 12,000 hour warranty, incorporate advanced lithium ion batteries, and upgrade the onboard hydrogen storage to 5,000 psi. After development and testing, the bus will be placed into service as a part of SunLine Transit’s fleet. This action is to cosponsor this project in an amount not to exceed $325,000. The total project cost is $1,285,000. (Review: Technology Committee, March 23, 2007) 12. Execute Construction Equipment and Truck Fleet Modernization Contracts
for Carl Moyer Memorial Air Quality Standards Attainment Program, and Amend
Contract to Install Global Positioning Systems on Construction Equipment On November 3, 2006, the Board approved the release of a Program Announcement to fund cleaner construction equipment, in an amount not to exceed $12 million from Clean Fuels funds and Carl Moyer Program returned funds. Also, on July 7, 2006, the Board approved the release of a Program Announcement to solicit projects at a cost not to exceed $6 million under the Carl Moyer Truck Fleet Modernization Program. These projects are evaluated on a first-come, first-served basis, and are submitted on a monthly basis to the Board for approval. This action is to execute construction equipment and fleet modernization contracts under the Carl Moyer Program and the Clean Fuels Program funds. This action is also to amend a contract to install global positioning systems on four construction equipment units in an amount not to exceed $10,000 from the Rule 1121 Emissions Mitigation Program Fund. 13. Appropriate Funds from BP ARCO Settlement Fund and Authorize Amending
Contracts to Expend Such Funds The District is currently involved in a major lawsuit employing outside counsel. This action is to appropriate $850,000 from the BP ARCO Settlement Fund to the District Counsel FY 2006-2007 budget, Professional and Special Services account, and to authorize the Executive Officer to amend existing contracts with Jones Day to appropriate these funds. 14. Award Funding from MSRC for CNG School Buses to
Private School Bus Transportation Provider On September 8, 2006, the Board approved an MSRC allocation of $2 million for CNG school bus incentives to private school bus transportation service providers. On January 18, 2007, the MSRC approved an additional $2 million, which was approved by the Board on February 2, 2007. The AQMD will administer the program to implement District Rule 1195. Awards from this allocation will be made on a first-come basis and individual awards will be brought before the Board for approval. This action is to approve an award to First Student, a private school bus transportation service provider, in an amount not to exceed $1,875,048.80 to purchase up to 42 CNG school buses. (Review: Mobile Source Air Pollution Reduction Review Committee, March 15, 2007) 15. Transfer Funds and Authorize Extension of Financial
Incentives Program to Assist Dry Cleaners Converting from
Perc to Non-Perc, Non-Ozone Forming Alternative Technologies The existing financial incentives program to help dry cleaners convert to non-perc technologies is fully committed. This action is to transfer $250,000 from AQMD's Air Quality Assistance Fund to the Dry Cleaner Grant Fund to continue providing grants to dry cleaners for transitioning to non-perc, non-ozone forming technologies. (Review: Stationary Source Committee, March 23, 2007) 16. Appropriate $200,000 from Undesignated Fund Balance and Authorize
Executive Officer to Approve Expenditures Up to $200,000 for Outreach and
Education Regarding Board's Consideration of Draft 2007 AQMP and CARB's
Consideration of 2007 AQMP AQMD has scheduled a new series of public workshops to discuss the proposed modifications to the Draft 2007 Air Quality Management Plan (AQMP). Staff believes that there is a need for additional outreach and education prior to the Board’s consideration of the Draft 2007 AQMP, and CARB’s consideration of the 2007 AQMP. This action is to appropriate $200,000 from the Undesignated Fund Balance to the Office of Public Affairs’ FY 2006-07 Budget, Professional and Special Services Account and Authorize the Expenditure of up to $200,000 for additional outreach and education. 17. Approve Sole-Source Contract and Issue RFP under FY 2006-07 Phase II
AB 2766 Discretionary Fund Work Program The MSRC allocated $1 million to implement a 511 Commuter Services Outreach & Public Awareness Campaign under the FY 2006-07 Phase II AB 2766 Discretionary Fund Work Program. On March 15, 2007, the MSRC unanimously awarded a sole-source contract to Los Angeles County Metropolitan Transportation Authority to implement this campaign. MSRC funding will be used solely for media placement and surveys. Concurrently, the MSRC unanimously approved release of an RFP to solicit proposals for Programmatic Outreach Services for FYs 2007-08 and 2008-09. For the last several years the MSRC has retained a consultant to provide programmatic outreach services. The current consultant contract expires October 2, 2007. The MSRC seeks AQMD Board approval to issue the sole-source contract and release the RFP under the FY 2006-07 Phase II AB 2766 Discretionary Fund Work Program. (Review: Mobile Source Air Pollution Reduction Review Committee, March 15, 2007) Action Items/No Fiscal Impact 18. Authorize Use of AQMD Logo on Asthma Vans Treating School Children
with Asthma Pursuant to AQMD/BP ARCO Settlement Agreement The March 2005 settlement agreement commits $3 million per year for ten years, for a total commitment of $30 million, to fund community benefit programs selected by a joint AQMD/BP ARCO Oversight Committee. The agreement specifies that grantees for the first three funding years will be community health clinics, asthma vans provided by the Asthma and Allergy Foundation of Southern California (AAFSC), or similar services, principally for the benefit of residents in the communities surrounding BP's Carson refinery. AAFSC was granted $2 million to provide four asthma vans for treating school children with asthma in each county of the South Coast Air Basin. These vans are ready to begin service. This action is to authorize the placement of the AQMD logo on each asthma van. (Review: Administrative Committee, March 9, 2007) 19. Review of AQMD Interaction and Support of Clean Cities Coalitions in
Basin At the February 2, 2007 Governing Board meeting, staff was directed to report on further leveraging participation and outreach of the Clean Cities programs with the Mobile Source Committee, and to the Local Government & Small Business Assistance Advisory Group. AQMD has supported the Clean Cities Coalition’s by providing sponsorship funds and speakers for events. AQMD has contributed to Clean Cities’ program related events with significant leverage from other interested parties. AQMD staff will continue to work with the Clean Cities Coalitions on events and activities and continue funding of programs in similar amounts to historic levels. AQMD also will continue to provide in-kind services such as providing vehicles, speakers and other resources to the Coalitions. (Review: Mobile Source Committee, March 23, 2007) 20. Request by Ultramar/Valero for Extension of Deadline for Completion of ReVAP Project The AQMD and Ultramar/Valero entered into a MOU to eliminate the use of more concentrated and volatile hydrogen fluoride (HF) at the Ultramar/Valero refinery in Wilmington. To accomplish this, Ultramar/Valero refinery is modifying its alkylation unit to incorporate the use of the ReVAP technology, which suppresses the volatility of HF. The AQMD has received a request from Ultramar/Valero for a 53-day extension to the final deadline (from May 9, 2007 to July 1, 2007) for having the ReVAP project operational. The construction is approximately 75 percent complete, however, there have been delays due to the shortage of materials and labor needed to complete the ReVAP project. Ultramar/Valero will shut down the alkylation unit and will not use any HF beginning April 13, 2007 until they can complete the construction of the ReVAP project and commence its operation. This action is a request to approve the extension of time as requested by Ultramar/Valero pursuant to the MOU. (Review: Administrative Committee, March 9, 2007) Information Only - Receive and File 21. Public Affairs Report This report highlights the February 2007 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity. 22. Hearing Board Report This reports the actions taken by the Hearing Board during the period of February 1 through February 28, 2007. 23. Civil Filing and Civil Penalties Report This reports the monthly penalties from January 1 through January 31, 2007, and legal actions filed by the District Prosecutor during January 1 through January 31, 2007. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 24. 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 February 1, 2007 and February 28, 2007, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, March 23, 2007) 25. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2007. 26. Status 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 last six months of FY 2006-07. 27. Items Deferred from Consent Calendar BOARD CALENDAR 28. Administrative Committee 29. Legislative Committee The Legislative Committee considered agenda items including the following state legislation for which the Board will consider a position:
30. Mobile Source Committee 31. Stationary Source Committee 32. Technology Committee 33. Mobile Source Air Pollution Reduction Review Committee 34. California Air Resources Board Monthly Report The AQMD has been a member of the California Fuel Cell Partnership (CaFCP) since March 17, 2000. This action is to renew AQMD’s membership in the CaFCP in an amount not to exceed $83,800 for calendar year 2007 and co-fund 50 percent of the CaFCP Regional Coordinator position located at the AQMD, in addition to office space and utilities, in an amount not to exceed $50,000. Further actions are to provide in-kind office space and utilities for two additional CaFCP employees in 2007 and consider sharing the Lobby space to increase CaFCP’s presence in Southern California. (Review: Technology Committee, March 23, 2007) 36. Update on Plug-In Hybrid Electric Vehicle Program and Recommended
Five-Year Action Plan On April 7, 2006, the Board directed staff to expand activities on plug-in hybrid electric vehicles. This report provides an overview of current national activities, an update on AQMD efforts and projects, and recommends a five-year action plan for Board consideration. (Review: Mobile Source Committee and Technology Committee, March 23, 2007) 37. Update on Draft 2007 Air Quality Management Plan Staff will continue to update the Board on the technical and policy issues associated with the development of the Draft Final 2007 AQMP. PUBLIC HEARINGS 38. Amend Regulation IX - Standards of Performance for New Stationary
Sources U.S. EPA has authorized local air districts to directly implement federal standards set in 40 Code of Federal Regulations 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. Eight actions by U.S. EPA in 2006 for NSPS are proposed for incorporation into Regulation IX. There were no actions regarding NESHAPs, Part 61, in 2006, therefore, amendments to Regulation X are not necessary. The NSPS actions cover: solid waste incineration units; gas turbines; electric utility steam generating units; industrial-commercial-institutional steam generating units; large municipal waste combustor units; combustion turbines; and stationary compression ignition internal combustion engines. (Review: Stationary Source Committee, February 23, 2007) 39. Approve Implementation of Voluntary Certification of Consumer Cleaning
Products Used at Institutional and Commercial Facilities As part of the overall strategy to reduce VOC emissions from consumer products used in commercial and institutional cleaning, staff has evaluated VOC labeling and certification programs and recommends implementation of a Voluntary Certification Program to distinguish super compliant low- and nearly zero-VOC consumer cleaning products and encourage their use by institutional and commercial establishments. This partially implements Control Measure CTS-03, Consumer Product Labeling and Emission Reductions from Use of Consumer Products at Institutional and Commercial Facilities of the Draft 2007 AQMP. (Review: Stationary Source Committee, March 23, 2007) 40. Amend Rules 2004, 2007 and 2010 Staff is proposing administrative amendments to three Regulation XX - Regional Clean Air Incentives Market (RECLAIM) rules. Proposed amendments to Rule 2004 would provide an exemption from submitting Quarterly Certification Emission Reports for facilities that no longer have any NOx or SOx emitting equipment located on site. Proposed amendments to Rule 2007 would clarify trading requirements for foreign entities who are not residing in California and clarify reporting requirements for parties entering into a forward contract or a contingent right contract. Proposed amendments to Rule 2010 would specify liability for allocation violations when changes of ownership occur. Other minor administrative changes may be proposed to improve the clarity of these rules (Review: Stationary Source Committee, March 23, 2007) 41. Approve and Adopt Technology Advancement Clean Fuels Program Annual
Report and Plan Update As a requirement of the Clean Fuels Program funding, the Technology Advancement Office must submit to the Legislative Analyst by March 31st of each year an approved Annual Report for the past year and a Plan Update for the current calendar year. Staff has reviewed the Clean Fuels Program with the Clean Fuels Advisory Group, the Technology Advancement Advisory Group, and other technical experts. Staff is submitting the Technology Advancement Clean Fuels Program Annual Report and Plan Update for Board approval. (Review: Technology Committee, February 23, 2007) OTHER BUSINESS 42. Provide Direction on Legislative Bills AB 391 (Lieu) Concerning AQMD
Board Composition and SB 886 (Negrete McLeod) Concerning Term Limits For Board
Chair Legislation has been proposed that would, among other things, increase the Board Membership from 12 to 13 by adding a member appointed by the Mayor of Los Angeles from the Los Angeles City Council and would realign eastern and western regions of Los Angeles County. Legislation has also been proposed to eliminate the term limits for the Board Chair. The Board will give direction to its representatives in Sacramento regarding these bills. 43. Adopt Resolution Recommending That California Transportation
Commission and California Air Resources Board Follow SCAQMD’s Bond Expenditure
Conditions When Authorizing Bond Funding for Projects in South Coast The Highway Safety, Traffic Reduction, Air Quality and Port Security Board Act of 2006 provides funding to be administered by the California Transportation Commission and the State Air Resources Board to projects related to goods movement. This resolution is to adopt Bond Expenditure Conditions that will be communicated to the Transportation Commission and to the California Air Resources Board as guidelines when providing bond funding for projects in the South Coast District. 11:30 A.M. 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 CLOSED SESSION – (No Written Material)
ADJOURNMENT
***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |