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BOARD MEETING DATE: January 4, 2008
AGENDA NO. 17

REPORT:

Legislative Committee

SYNOPSIS:

The Legislative Committee held its regular meeting on Friday, December 14, 2007. The next Legislative Committee meeting is scheduled for Friday, January 11, 2008 at 8:00 a.m. in Conference Room CC8.

RECOMMENDED ACTION:

Receive and file this report.

Jane W. Carney, Chair
Legislative Committee


Attendance [Attachment 1] The Legislative Committee met on December 14, 2007. Committee Members Jane Carney (Chair) and Dr. Joseph Lyou were present. Committee Members Michael Antonovich, Jan Perry, and Dr. S. Roy Wilson were present via videoconference.

Amend Contract for Legislative Representation in Washington, D.C.
Anupom Ganguli, Asst. DEO/Public Affairs, stated that staff recommends amendment of the existing contract with Bartlett, Bendall & Kadesh, LLC to Kadesh & Associates for continued representation in Washington, D.C., in 2008, for $215,000. Dr. Ganguli added that this recommendation is based on the Board’s direction to carefully evaluate their performance this year. Dr. Wallerstein stated that last year, two firms were selected for representing AQMD, and Mark Kadesh’s performance was outstanding; therefore, this sole contract is recommended for 2008. The Committee members commented on Kadesh’s exceptional performance under the original contract and further agreed to consolidate all federal consultant services under the extended Kadesh contract to improve efficiency as the District implements its 2008 federal legislative agenda. Chair Jane Carney further emphasized that nothing in today’s action is an expression of dissatisfaction with the services rendered by Podesta Group. This item was approved unanimously by the Committee. [Refer to the January 4, 2008 Board Agenda Item #7 for additional information on this item.]

Update on Federal Legislative Issues
Dr. Anupom Ganguli presented an overview of the Lieberman – Warner Climate Security Act of 2007 (S. 2191) to the Committee. The bill sets up a cap and trade system to reduce the U.S. emissions of six primary greenhouse gases. Dr. Lyou and Chair Carney inquired about the implementation of S. 2191 (Lieberman-Warner) and who the Committee worked with. Necessary components of the bill such as environmental justice impacts are left to U.S. Environmental Protection Agency (EPA) for implementation. S. 2191 continues to allow states to adopt more stringent requirements. Dr. Lyou asked questions about the origin of the credits, rates of reduction for regulated entities, equitable treatment for sources with respect to allocation versus initial auction of credits, consideration for early reductions and investments in clean air technologies, and the political process of developing the legislation. In public comment, Greg Adams of the Los Angeles County Sanitation District raised the concern that with the states not preempted from implementing more restrictive regulations, inconsistent standards across the states could jeopardize the transferability of credits. [Refer to the Attachment 2 for additional information on this item.]

Dr. Ganguli also reported on the status of the CLEAN Energy Act of 2007 (H.R. 6 – Barton). On Thursday, December 13, 2007, the U.S. Senate passed a significantly scaled-back version of the bill,

  1. increasing the fuel economy of cars and small trucks, including SUVs, by 40 percent to an average of 35 miles per gallon by 2020; and
  2. increasing the use of ethanol as a motor fuel seven times to 36 billion gallons a year by 2022.

Dr. Barry Wallerstein, Executive Officer, commented that AQMD worked with the National Association of Clean Air Agencies (NACAA) to prevent any amendment that limits the authority of EPA and the states to regulate vehicle emissions.

Update on State Legislative Issues
Will Gonzalez, AQMD state legislative consultant, reported on the November 27, 2007 California Transportation Commission’s (CTC) hearing on Proposition 1B’s $2 billion Trade Corridor Improvement Fund (TCIF). At the hearing, the CTC approved to have air quality as an eligibility screen and not as a mere factor for consideration. In other words, a project must have air quality benefits to receive TCIF funding. Dr. Wallerstein explained that this agreement was attained after lengthy discussion and the participation of Mary Nichols of California Air Resources Board (CARB) and Secretary Dale Bonner of the Business, Transportation, and Housing Agency. AQMD and CARB are working on an eligibility flow chart to process project applications.

Guiding Principles for AQMD Positions on Legislation Relating to Global Warming
The Committee adopted and recommends to the Board, staff’s proposed guiding principles as amended and clarified by Committee member Dr. Lyou. Dr. Wallerstein recognized the work of Barbara Baird, Principal Deputy District Counsel, in preparing this document, which will assist staff in responding to urgent issues at the federal level in a timely manner. [Refer to the Attachment 3 for additional information on this item.]

Attachments  (EXE 80kb)

  1. Attendance Roster
  2. Overview of S 2191: The Lieberman – Warner Climate Security Act of 2007 Presentation by Dr. Anupom Ganguli
  3. Guiding Principles for AQMD Staff Comments on Legislation Relating to Climate Change



This page updated: December 28, 2007
URL: http://www.aqmd.gov/hb/2008/January/080117a.html