BOARD MEETING DATE: December 3, 2010
AGENDA NO. 28
REPORT:
Legislative Committee
SYNOPSIS:
The Legislative Committee held a meeting on Friday,
November 12, 2010. The next Legislative Committee meeting is scheduled for Friday, December 10, 2010 at 9:00 a.m. in Conference Room CC8. The Committee deliberated on agenda items for Board consideration and recommended the following actions:
RECOMMENDED ACTIONS:
Receive and file this report, and approve agenda items as specified in this letter.
Jane Carney, Chair
Legislative Committee
Attendance [Attachment 1]
The Legislative Committee met on November 12, 2010. Committee Chair Jane Carney was present. Committee Member Michael D. Antonovich and AQMD Governing Board Chair Dr. William A. Burke (who was appointed to the Committee for this meeting) were present via videoconference.
Update on Federal Legislative Issues
Mr. Mark Kadesh, AQMD federal legislative consultant, reported that there should be no leadership changes in the Senate on either side of the aisle. There may be some changes in committee makeup, such as with the Environment and Public Works (EPW) Committee, due to members retiring. The Senate Democrats’ majority is now at 53-47. Additionally, Mr. Kadesh stated that they will continue to work with the EPW Committee regarding the Section 185 issue. Mr. Kadesh will be contacting Mr. Oscar Abarca, Deputy Executive Officer of Legislative & Public Affairs, to schedule a meeting in Washington in the near future.
Mr. Warren Weinstein, AQMD federal legislative consultant, reported that 22 of the 33 Senate seats that will be up in the next election belong to Democrats. Mr. Weinstein believes that the upcoming election may make it more difficult for those Senators to support more progressive environmental policies.
Ms. Jane Carney, Chair, asked what impact or affect the deficit reduction report (not yet published) would have. Mr. Weinstein responded that he believes that the most significant impact will be seen in the next federal budget which is expected to be very tight. Significant cuts are likely to be proposed and the Commission report will likely be used as a reference for such proposals. Mr. Andy Ehrlich, AQMD federal legislative consultant, added that this report has instigated a public policy debate in Washington. Although no one knows the contents of the report entirely, there have been indications that there is a proposed .15 cent gas tax increase, to be implemented over an unknown number of years, to help fund the surface transportation bill. The report is expected to be presented to the House floor by early next year.
Mr. Ehrlich reported that the EPW Committee had a 13-7 Democratic vote majority. However, because of the majority’s loss of seats in the Senate, he expects that margin to be reduced to 11-9. He believes that it will be more difficult to get progressive, large environmental bills through that committee.
He also stated that there were dramatic changes in the House. The Republicans now have control of that chamber with a margin of 239 to 189.
Mr. Ehrlich added that the House leadership will have elections next week. Current Speaker Pelosi is expected to run for Minority Leader. Mr. Ehrlich also noted that Congressman Waxman, Chairman of the Energy and Commerce Committee, would be the ranking minority member for that committee. Mr. Ehrlich reported that all the committee ratios would be changing due to the shift in power. Also, there will be more Californians on some of the key committees such as the Energy and Commerce Committee and the Transportation and Infrastructure Committee. Mr. Ehrlich is unsure what will happen with the appropriations bills, but an earmark moratorium is very possible on all House appropriation bills. Mr. Ehrlich emphasized to the Committee the importance of having a bipartisan approach to all issues that are in front of Congress in the future.
Update on Sacramento Legislative Issues
Mr. Jason Gonsalves, AQMD state legislative consultant, reported that although the elections are over in California, there will be two special elections in the Assembly with the possibility of a third special election, once a decision is made regarding Senator Oropeza’s seat. There are 15 new senators and 26 new assembly members. Mr. Gonsalves added that the state faces a $25.4 billion budget deficit. Governor Schwarzenegger has called a special session to address this matter, which will start on December 6, 2010.
Ms. Carolyn V. Hunter, AQMD state legislative consultant, reported that there were no major changes to the makeup of the State Assembly. She informed the Committee that although the voters passed Proposition 25, which states that only a majority is needed to pass the budget, the voters also passed Proposition 26 which requires a 2/3 vote to pass fees. Additionally, she reported that Proposition 24, which would have repealed tax provisions favorable to business, was defeated as well. These issues will be key when AQMD renews discussions in Sacramento regarding the Section 185 issue.
Ms. Hunter added that a California Air Resources Board (CARB) meeting regarding energy needs assessments recently took place at AQMD headquarters. She had no additional information regarding the meeting, but wanted the Committee to know that the meeting took place. Finally, she reminded the Committee that SB 827 has a sunset date of May 2012.
Ms. Carney wanted to hear from Dr. Barry Wallerstein, Executive Officer, regarding SB 827 and the May 2012 sunset date. Dr. Wallerstein explained that the AQMD draft rule and the California Environmental Quality Act (CEQA) document relating to this issue had been released. He also informed the Committee that public comment regarding the CEQA document was closed. His understanding was that five of the six letters received are generally favorable towards what AQMD is attempting to do. The one unfavorable letter received was from the plaintiff. Dr. Wallerstein added that he hopes to bring the rule adoption to the Governing Board in January or February for their approval. He has also talked to the United States Environment Protection Agency (USEPA) about the legislative deadline. Once the rule is approved by AQMD, it will need to go through the CARB and EPA approval process quickly to allow adequate time for possible litigation.
Mr. Will Gonzalez, AQMD state legislative consultant, reported that within the Senate, the current split is 15 Republicans and 25 Democrats. Mr. Gonzalez also reported that conversations have been taking place regarding intellectual property rights legislation. He has been working with Legislative & Public Affairs staff on a number of issues that have come up from the Senate Judiciary Committee. There is generally a positive response from the Senate on these issues. He also provided the Committee with a quick update on the Renewable Portfolio Standards (RPS), and informed the Committee that efforts continue on trying to move the current 20% RPS standard to 33%. There is a great expectation that with the new Governor, an RPS bill will pass next year.
Recommend 2011 Legislative Goals and Objectives. [Attachment 2]
Dr. Wallerstein reported on the 2011 Legislative Goals and Objectives. At the state level there are items regarding Section 185, Pension Reform, Offsets, Intellectual Property, Carl Moyer Funding, Surface Transportation, AQMD Authority/Funding and Air Quality Funding and Climate Change. At the federal level there are items regarding Section 185, Offsets, Surface Transportation, DERA, Technology Advancement funding, Marine Vessels, Locomotives, Energy, AQMP, Sections 103 & 105, Environmental Justice and Climate Change. These proposed state and federal legislative goals and objectives were presented to the Committee for their consideration and approval. (Please refer to Attachment 2 for written report).
Ms. Carney asked for clarification regarding the issue of pension reform. Dr. Wallerstein explained that he would like to meet with the state consultants to summarize what is being contemplated at the state level. He would also like to have initial discussions with the AQMD Labor representatives. He will then present to the Committee very specific information and data to enable the Committee and Board to provide guidance and direction regarding the matter. Ms. Carney additionally requested an update regarding offsets be presented at the Stationary Source Committee. Additionally, she requested an update regarding the school bus and fleet rule issues be presented at the Mobile Source Committee. Mr. Wallerstein replied that the updates would take place.
The Legislative Committee approved the proposed 2011 Legislative Goals and Objectives.
Amend Contracts for Legislative Representation in Sacramento and in Washington, D.C.
Mr. Oscar Abarca, Deputy Executive Officer, presented staff recommendations to extend current contracts with state and federal legislative consultants for the AQMD for one-year. Mr. Abarca reported that as a result of the recent elections, it is imperative that we have strong representation in Sacramento and Washington, D.C. who are able to work with both sides of the aisle. Mr. Abarca added that given AQMD’s heavy legislative agenda, all consultants are still needed to successfully move forward AQMD’s legislative initiatives and efforts to reach attainment of federal air quality standards.
Dr. Burke supported the extensions, but moved to give authority to the Executive Officer to renegotiate or re-allocate the legislative consultants duties and funds regarding their contracts as appropriate.
The Legislative Committee approved the state and federal legislative contract extensions subject to the authority given to the Executive Officer.
[Please refer to the December 3, 2010 Governing Board Agenda Items 4 and 5, for additional information on this item.]
Home Rule Advisory Group Committee Legislative Report [Attachment 3]
Please refer to Attachment 3 for the written report.
Other Business: None
Public Comments: None
Attachment (ZIP, 162k)
Attendance Roster
AQMD’s Legislative Goals & Objectives for 2011
Reports from AQMD Home Rule Advisory Committee