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:
Election of Chair and Vice Chair for Term Ending January 2010, McDaniel CONSENT CALENDAR (Items 1 through 24) Note: Consent Calendar items held for discussion will be moved to Item No. 25. 1. Minutes of October 5, 2007 Board Meeting Budget/Fiscal Impact 2. Execute Contract to Cosponsor Development and Certification of Natural
Gas Powered Pick-Up Trucks Pick-up trucks are widely used in public fleets as service vehicles. Currently, there are no original equipment manufacturer produced pick-up trucks that meet the purchase requirements of Rule 1191, Clean On-Road Light- and Medium-Duty Public Fleet Vehicles. To address this need, BAF Technologies has proposed the development and certification of CARB-compliant natural gas powered pick-up trucks that would be derived from gasoline-powered Ford F-150 and F-250 models. The total cost for this project is estimated to be $675,000. This action is to execute a contract to conduct this project at a cost not to exceed $250,000 from the Clean Fuels Fund. (Review: Technology Committee, October 26, 2007) 3. Execute Contract to Cosponsor Development and Demonstration of 2010
Compliant LNG Heavy-Duty Truck In November 2006, the Ports of Los Angeles and Long Beach adopted a 5-year Clean Air Action Plan that provides for emission reductions from port-related operations. One such measure is the replacement of older heavy-duty trucks with LNG trucks, retrofitting non-replaceable trucks with certified control devices, and, research, development, and demonstration activities for cleaner engine technologies. The primary LNG engine technology is the High Pressure Diesel Injection (HPDI) engine used in Class 8 heavy-duty truck applications. This action is to award a contract to Westport Power, Inc., at a cost not to exceed $2,250,000 from the Clean Fuels Fund to develop the next generation HPDI natural gas engine to meet the 2010 NOx emissions standard prior to 2010. In addition, this action is to recognize $1,000,000 in cofunding from CEC and the Ports of Los Angeles and Long Beach to conduct the proposed demonstration. (Review: Technology Committee, October 26, 2007) 4. Execute Contracts for Rule 2202 AQIP and
Execute Second Year Contract Option to Conduct 2008 Lawn Mower Exchange Program At its October 6, 2006 meeting, the Board approved release of an RFP to solicit projects to meet Rule 2202 AQIP emission reduction targets. Proposals for the funding opportunity have been reviewed. At its February 2, 2007 meeting, the Board approved a second year option that would secure in a lower price to conduct the 2008 Lawn Mower Exchange Program. This action is to: (1) fund four AQIP projects in an amount not to exceed $949,883; (2) recognize $50,000 from CARB for the Lawn Mower Exchange Program; (3) execute the second year contract option with Neuton Lawn Mower Company to conduct the 2008 Lawn Mower Exchange Program at the previously set price in an amount not to exceed $730,000; and (4) allocate $116,000 from the AQIP Special Revenue Fund to carry out the 2008 Lawn Mower Exchange Program. (Review: Mobile Source Committee, October 26, 2007) 5. Execute Truck Fleet Modernization Contracts for
Carl Moyer Program 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 fleet modernization contracts in an amount not to exceed $71,737 from the Carl Moyer Program Fund SB 1107 Account. 6. Approve Grants to Retrofit School Buses with Level 3 Particulate
Filters On October 6, 2006, the Board awarded 452 PM traps to public schools and private school bus operators to retrofit diesel school buses. Subsequent to the October 6, 2006 awards, additional state funds became available for PM trap retrofits. In addition, interest money and unused funds from previous PM trap awards became available. At its August 3, 2007 meeting, the Board re-issued the Program Announcement seeking additional applications to retrofit diesel school buses with PM traps, with the condition that all awarded PM traps must be retrofitted by June 2008. This action is to award funds to public school districts and private operators for the retrofit of diesel school buses with Level 3 PM traps. (Review: Technology Committee, October 26, 2007) 7. Issue Program Announcement for Surplus Off-Road Opt-In for NOx
Provision of State In-Use Off-Road Vehicle Regulation This action is to approve the release of a Program Announcement to provide funding assistance for additional NOx emission reductions from off-road vehicles and equipment subject to the Surplus Off-Road Opt-In for NOx provision of the CARB In-Use Off-Road Diesel Vehicle regulation. (Review: Mobile Source Committee and Technology Committee, October 26, 2007) 8. Issue RFP to Conduct Research Study and Demonstrate Feasibility of
Control Technologies to Reduce PM2.5 and Ultrafine Particulate Emissions from
Natural While new natural gas-fired power plants are significantly less polluting compared to their predecessors or other fossil-fueled power plants they continue to be significant sources of particulate matter emissions under 2.5 microns (PM2.5) and other criteria pollutants. This action is to issue an RFP to identify and pilot the most advanced PM2.5 add-on control technologies that would reduce PM2.5 from natural gas-fired power plants. It is anticipated that a single award will result from this RFP in an amount not to exceed $4,000,000 from the Rule 1309.1 Priority Reserve Mitigation Fees fund. (Review: Stationary Source Committee, October 26, 2007) 9. Issue RFP for Technical Assistance on Advanced, Low- and
Zero-Emission Technologies and Implementation Activities This action is to issue an RFP to solicit statements of qualifications from individuals and organizations capable of providing expert technical consultation in a variety of specialized areas to support AQMD technology advancement activities and implementation efforts. It is anticipated that multiple awards for level-of-effort contracts will be made from this solicitation. (Review: Technology Committee, October 26, 2007) 10. Amend Contracts for Legislative
Representation in Sacramento The current contracts for legislative representation in Sacramento expire on December 14, 2007 for Tres Es, Inc. and Gonzalez Public Affairs. The contractors have performed in an exemplary manner this year, and continued representation in Sacramento is necessary to further AQMD policy positions at the state level. The current contracts have an option for two one-year extensions. This action calls for the extension of the existing contracts for legislative consulting services in Sacramento for Calendar Year 2008. Total expenditure for the Tres Es, Inc., contract shall not exceed $164,200 for a one-year period, and Gonzalez Public Affairs for $110,000 for a one-year period. Funding for further extension of the contracts after FY 2007-08 will be contingent upon Board approval of the Budget in the future. (Review: Legislative and Administrative Committees, October 12, 2007) 11. Authorize Purchase of Ingres Relational Database Management
System Software Support The Ingres Relational Database Management System is used for the implementation of the Central Information Repository database. This database is used by most enterprise-level software applications at the AQMD and currently supports 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 this software expires November 29, 2007. This action is to obtain approval for the purchase of Ingres Database software maintenance support for another year. Funds in the amount of $119,075 for this expense are included in the FY 2007-08 Budget. (Review: Administrative Committee, October 12, 2007) 12. Adopt Resolution Amending Hearing Board Compensation On February 3, 2006, the Board approved a cost-of-living pay adjustment for Hearing Board members. To continue to retain and attract qualified members, the Personnel Committee recommends that, effective November 1, 2007, Hearing Board members and their alternates receive a 7.8% pay adjustment and that, beginning with FY 2008-09, they receive the same percentage pay adjustments approved in annual budgets for Board assistants. An appropriation in the amount of $17,000 is requested for this fiscal year. (Review: Personnel Committee, October 5, 2007) 13. Approve Salary Adjustments for Executive Officer and District
Counsel Based on review of job performance and salary comparisons with comparable public-sector positions, the Personnel Committee recommends the Executive Officer receive a 10% salary adjustment and District Counsel receive an 8.7% adjustment. Sufficient funds are available in the FY 2007-08 Budget. (Review: Personnel Committee, October 5, 2007) 14A. Execute Contract for FY 2006-07 Year Nine
Carl Moyer Memorial Air Quality Standards Attainment Program At its July 13 and October 5, 2007 meetings, the Board approved the Year Nine Carl Moyer Program projects. However, due to lack of a quorum, one proposed project by Waste Management has been rolled over to the November 2, 2007 meeting. This action is to execute a Carl Moyer Program contract with Waste Management in an amount not to exceed $3,290,385 from the Carl Moyer Program Fund AB 923 Account. (Review: Technology Committee, September 28, 2007) 14B. Approve Contract Awards under FY 2006-07 AB 2766 Discretionary
Fund Work Program At its August 16, 2007 meeting, the MSRC approved multiple contract awards under the FY 2006-07 AB 2766 Discretionary Fund Work Program. Among them were two awards totaling $416,000 to Waste Management for the purchase of up to 13 solid waste collection vehicles with advanced low-emission heavy-duty natural gas engines certified to the 2007 optional 0.2 gram NOx per bhp-hr standard. The MSRC seeks AQMD Board approval of these contract awards under the FY 2006-07 Work Program. (Review: Mobile Source Air Pollution Reduction Review Committee, August 16, 2007) Action Item/No Fiscal Impact 15. Establish Board Meeting Schedule for Calendar Year 2008 The proposed Board meeting schedule for Calendar Year 2008 (includes January 2009) is submitted for Board consideration. The Administrative Committee meeting schedule (second Friday of the month) is included for information only. (Review: Administrative Committee, October 12, 2007) 16. Establish List of Prequalified Legal Counsel to Represent AQMD in
General Liability Matters On June 1, 2007, the Board approved issuance of an RFP to prequalify outside legal counsel having expertise in handling general liability matters, primarily automobile accidents. The evaluation of responding firms has been completed. This action is to establish a list of prequalified counsel to advise and represent the AQMD in general liability litigation. (Review: Administrative Committee, October 12, 2007) 17. Adopt Resolutions Authorizing and Reconfirming Pretax Payroll
Deduction for AQMD Employees The Board, in 1998 and 1999, adopted Resolutions 98-15, 99-29, and 99-33 authorizing employee retirement contributions and employee service credit purchases in the San Bernardino County Employees' Retirement Association to be on a pretax basis. The IRS has recently issued a new ruling, Rev. Ruling 2006-43 regarding "tax pickups" of member contributions to retirement funds which requires the adoption of two new Resolutions reconfirming the Board's actions in 1998 and 1999, and providing additional authorization for elective contributions not previously covered. (Review: Administrative Committee, October 12, 2007) Information Only - Receive and File 18. Public Affairs Report This report highlights the September 2007 outreach activities of Public Affairs, which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State, and Local Government. 19. Hearing Board Report This reports the actions taken by the Hearing Board during the period of September 1 through September 30, 2007. 20. Civil Filing and Civil Penalties Report This reports the monthly penalties from July 1 through August 31, 2007, and legal actions filed by the District Prosecutor during August 1 through August 31, 2007. A glossary explaining the key terms and Index of District Rules are attached with the penalty report. 21. 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 September 1, 2007 and September 30, 2007, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (Review: Mobile Source Committee, October 26, 2007) 22. Rule and Control Measure Forecast This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2007 and portions of 2008. 23. Status Report on Major Projects for Information
Management Scheduled to Start During First Six Months of 2007-08 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 2007-08. 24. 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 November. (Review: Administrative Committee, October 12, 2007) 25. Items Deferred from Consent Calendar BOARD CALENDAR 26. Administrative Committee 27. Legislative Committee 28. Mobile Source Committee 29. Stationary Source Committee 30. Technology Committee 31. Mobile Source Air Pollution Reduction Review Committee 32. California Air Resources Board Monthly Report 33. California Fuel Cell Partnership Steering Team Report and
Quarterly Activity Report This report summarizes the California Fuel Cell Partnership Steering Team meeting held October 23-24, 2007 and provides an activity report for July through September, 2007. 34. Update on AB 32 and AQMD's Role in Mandatory Reporting Program Staff will give a report on AB 32 implementation, including early action measures, the Scoping Plan, and the proposed mandatory reporting regulation. As part of the report, staff is requesting the Board direct staff to proceed with implementation of the greenhouse gas emissions reporting requirements. (Review: Stationary Source Committee, October 26, 2007) 35. Consider Amending AQMD Conflict of Interest Code to Add Board
Assistants This item is to consider the advisability of adding Governing Board Assistants to the AQMD Conflict of Interest Code, which would require them to submit a Statement of Economic Interests (FPPC Form 700). In addition, minor changes are proposed to the Board Assistants/Consultants Policy and to the Administrative Code, making them consistent with Board action taken at the October 5, 2007 Governing Board meeting. (Review: Administrative Committee, October 12, 2007) PUBLIC COMMENT PERIOD – (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3) 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) 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:
It is also necessary to recess to closed session pursuant to Government Code section 54956.9(c) to confer with its counsel regarding determining whether to initiate litigation (one case). ADJOURNMENT ***PUBLIC COMMENTS***
ACRONYMS AQIP = Air Quality Investment Program |