HomeMy WebLinkAboutApproved Opposition to Senate Bill 1387 (de Leon) – Addition Dept. ID AD-16-018 Pagel of 2
Meeting Date: 6/20/2016
Approved 6-0-1 (Hardy - Abstain)
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/20/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Domer, Assistant City Manager
Antonia Graham, Acting Assistant to the City Manager
SUBJECT: Discussion of Opposition to Senate Bill 1387 (de Leon) — Addition of Three
State-Appointed Voting Members to the South Coast Air Quality Management
District (AQMD) Board of Directors
Statement of Issue:
On May 26, 2016, the Intergovernmental Relations Committee met to discuss pending legislation
and recommended that Senate Bill 1387 (SB 1387) be moved to City Council for further discussion
to determine if the City should take an oppose position.
Financial Impact:
There is no fiscal impact.
Recommended Action:
Staff will defer to the Council's determination of the pending legislation.
Alternative Action(s):
Not Applicable.
Analysis:
On Wednesday, May 25, 2016, the Intergovernmental Relations Committee met to discuss pending
State legislation. The Committee reviewed the 2016 State Legislative Matrix provided by the City's
State Advocate, Townsend Public Affairs. The Committee was presented with a request from the
League of California Cities to take a formal "oppose" position on SB 1387 (de Leon), the Committee
deferred the discussion to the full City Council to make a recommendation of either oppose or
support.
➢ SB 1387 (de Leon) — Addition of Three State Appointed Voting Members to the South
Coast Air Quality Management District (AQMD) Board of Directors
This bill would add three positions to the existing 13 member AQMD Board.
The existing Governing Board of the AQMD is comprised of representatives consisting of three
appointees (one by the Governor, Speaker of the Assembly, and Senate Rules Committee) and ten
elected officials from the Counties and Cities of the South Coast Air Basin.
The City received a request from the League of California Cities to take an "oppose" position on this
legislation. The League stated that, as proposed, this bill takes away local control and local
Dept. ID AD-16-018 Page 2 of 2
Meeting Date: 6/20/2016
government's voice by bestowing State appointed representatives almost 40 percent of the seats
on a regional board that is meant to represent local interests in the air basin.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachmentfs):
1. SIB 1387 (de Leon) —Addition of Three State Appointed Voting Members to the South
Coast Air Quality Management District
AMENDED IN SENATE APRIL 7, 2016
SENATE BILL No. 1387
Introduced by Senator De Le6n Senators De Leon,Allen, and Lara
February 19, 2016
An act to amend Seetion 13104 of the Pthbate Code, relating to
probate. Sections 39616, 40420, and 40424 of the Health and Safety
Code, relating to nonvehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1387, as amended, De Leon. Golleetion or transf�r of personal.
Nonvehicular air pollution:market-based
incentive programs: South Coast Air Quality Management District
board.
(1) Existing law authorizes the board of an air pollution control or
air quality management district to adopt a market-based incentive
program as an element of a district's plan for the attainment of the state
or federal ambient air quality standards. Existing law requires a district
board, within 5 years from the date of the adoption of a market-based
incentive program, to commence public hearings to reassess the
program and, within 7 years from the date of the air district's initial
adoption of the program, to ratify specified findings with the
concurrence of the State Air Resources Board.
This bill instead would require a district board to submit to the State
Air Resources Board for review and approval the district's plan for
attainment or a revision to that plan, as specified. The bill also would
require a district board to submit to the state board for review and
approval the district's market-based incentive program and any
revisions to that program, as specified. The bill would prescribe
specified actions for the state board to take if the state board determines
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SB 1387 —2—
that a plan for attainment, a revision of a plan for attainment, a
market-based incentive program, or a revision to a market-based
incentive program do not comply with law. By adding to the duties of
air districts, this bill would impose a state-mandated local program.
(2) Existing law establishes the South CoastAir Quality Management
District vested with the authority to regulate air emissions from
stationary sources located in the South CoastAir Basin and establishes
a district board, consisting of 13 members.
This bill would add 3 members to the district board, as specified. The
bill would make various conforming changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Existing law in order to eolleet money, reeeive tangible
the holder of the ,
Existing law it-quiten teasonable pthof of the identity of eaeh person
exeettting the a4idavit or deelaration to be pthyided to the holder of
the s property stating eertain information.
passport issued by a fo—it'.. --ment that has been stamped by the-
This bill would make nonsubstantive, teehnieal ehanges to those
p�e�isie}r�
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State-mandated local program: eyes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 39616 of the Health and Safety Code is
2 amended to read:
3 39616. (a) The Legislature hereby finds and declares all of
4 the following:
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1 (1) Several regions in California suffer from some of the worst
2 air quality in the United States.
3 (2) While traditional command and control air quality regulatory
4 programs are effective in cleaning up the air, other options for
5 improvement in air quality, such as market-based incentive
6 programs, sliould may be explored, provided that those programs
7 result inert greater emission reductions while expetiditig
8 '
9 eeonomy. ensuring disadvantaged communities, as identified
10 pursuant to Section 39711, are not disproportionately impacted
11 by pollution.
12 (3) The purpose of this section is to establish requirements
13 under which a district board may adopt market-based incentive
14 programs in a manner-�that achieves the greatest air quality
15 improvement while strengthening the state's economy and
16 preserving jobs.
17 (b) (1) A district board may adopt a market-based incentive
18 program as an element of the district's plan for the attainment of
19 the state or federal ambient air quality standards.
20 (2) A market-based incentive program that satisfies the
21 conditions in this section may substitute for current command and
22 control regulations and future air quality measures that would
23 otherwise have been adopted as part of the district's plan for
24 attainment, and may be implemented in lieu of some or all of the
25 control measures adopted by the district pursuant to Chapter 10
26 (commencing with Section 40910) of Part 3.
27 (c) In adopting rules and regulations to implement a
28 market-based incentive program, a district board shall, at the time
29 that the rules and regulations are adopted, make express findings,
30 and shall, at the time that the rules atid regulatiotts are submitted
31 to the state board, submit appropriate iti for..at t information to
32 substantiate the basis for making the findings that each of the
33 following conditions is met on an overall districtwide basis:
34 (1) The program will result in an equivalent or greater reduction
35 in emissions at equivalent or less cost compared with current
36 command and control regulations and future air quality measures
37 that would otherwise have been adopted as part of the district's
38 plan for attainment.
39 (2) The program will provide a level of enforcement and
40 monitoring, to ensure compliance with emission reduction
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SB 1387 —4-
1 requirements, comparable with command and control air quality
2 measures that would otherwise have been adopted by the district
3 for inclusion in the district's plan for attainment.
4 (3) The program will establish a baseline methodology that
5 provides appropriate credit so that stationary sources of air
6 pollution-a4riek that have been modified prior to implementation
7 of the program to reduce stationary source emissions are treated
8 equitably.
9 (4) The program will not result in a greater loss of jobs or more
10 significant shifts from higher to lower skilled jobs, on an overall
11 districtwide basis, than that which would exist under command
12 and control air quality measures that would otherwise have been
13 adopted as part of the district's plan for attainment. A finding of
14 compliance with this requirement may be made in the same manner
15 as the analyses made by the district to meet the requirements of
16 Section 40728.5.
17 (5) The program will promote the privatization of compliance
18 and the availability of data in computer format. The district shall
19 endeavor to provide sources with the option to keep records by
20 way of electronic or computer data storage systems, rather than
21 mechanic al-deviees devices, such as strip chart recorders.
22 (6) The program will not in any manner delay, postpone, or
23 otherwise hinder district compliance with Chapter 10(commencing
24 with Section 40910) of Part 3.
25 (7) The program will not result in disproportionate impacts,
26 measured on an aggregate basis, on those stationary sources
27 included in the program compared to other permitted stationary
28 sources in the district's plan for attainment.
29 (d) (1) A district's plan for attainment or plan revision
30 submitted to the state board , shall4,e
31 designed fa achieve equivalent emission reductions and reduced
32 cost and job impacts compared to current command and control
33 regulations and future air quality measures that would otherwise
34 have been adopted as part of the district's plan for attainment. A
35 district shall not implement a market-based incentive program or
36 any revisions to an adopted market-based incentive program unless
37 the state board has determined that the plan or plan revision
38 complies with this paragraph.
39 (2) (A) A plan or plan revision
40 1, 1993, shall be designed meet the provisions of subdivision
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1 (c)and Section 40440.1 if applicable.The state board shall
2 review, approve, disapprove, or amend and approve the plan or
3 plan revision prior to program implementation, and shall make its
4 determination not later than-90 60 days from the date ofmtbtn4tfa4
5 submission of the plan or plan revision.
6 (B) (i) If the state board determines that a plan or plan revision
7 submitted pursuant to this paragraph does not comply with this
8 section, the state board within 60 days of the date of the submission
9 of the plan or plan revision, shall do all of the following:
10 (I) Notify the district.
11 (II) Revise the plan or plan revision so that the plan or plan
12 revision complies with this section.
13 (III) Approve the plan or plan revision.
14 (ii) If the state board approves a plan or plan revision pursuant
15 to this subparagraph, the plan or plan revision shall take effect
16 immediately and be binding on the district.
17 (3) (A) Upon the adoption of rules and regulations to
18 implement the program in accordance with subdivision (c), the
19 district shall submit the rules atid regulati to the state board.
20 The state board shall, within 90 days from the date of f- -,
21 submission, determine whether the rules and regulations meet the
22 requirements of this section and Section 40440.1, if applicable.
23 This paragraph does not prohibit the district from implementing
24 the program upon the approval of the plan or plan revision and
25 prior tom submission of the rttles and regulations. rules.
26 (B) (i) If the state board determines that a district rule does
27 not comply with this section, the state board, within 60 days of the
28 date of the submission of the rule, shall do all of the following:
29 (I) Notify the district.
30 (II) Revise the rule so that the rule complies with this section.
31 (III) Adopt the rule.
32 (ii) If the state board approves a rule pursuant to this
33 subparagraph, the rule shall take effect immediately and have the
34 same legal force and effect as a district rule.
35 (e) Within five years from the date of the adoption of a
36 market-based incentive program,the district board shall commence
37 public hearings to reassess the program and shall, not later than
38 seven years from the date of the district's initial adoption of the
39 program, ratify the findings required pursuant to paragraphs (1),
40 (2), (5), and (6) of subdivision (c) and the district's compliance
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SB 1387 —6—
1 with Section 40440.1, if applicable, with the concurrence of the
2 state board. If the district board fails to ratify the findings within
3 the seven-year period, the district board shall make appropriate
4 revisions to the district's plan for attainment.
5 (f) The district board shall reassess a market-based incentive
6 program if the market price of emission trading units exceeds a
7 predetermined level set by the district board. The district board
8 may take action to revise the program. A predetermined market
9 price review level shall be set in a public hearing in consideration
10 of the costs of command and control air quality measures that
11 would otherwise have been adopted as part of the district's plan
12 for attainment, costs and factors submitted by interested parties,
13 and any other factors considered appropriate by the district board.
14 The district board may revise the market price review level for
15 emission trading units every three years during attainment plan
16 updates required under Section 40925.In revising the market price
17 review level, the district board shall consider the factors used in
18 setting the initial market price review level as well as other
19 economic impacts,including the overall impact of the program on
20 job loss, rate of business formation, and rate of business closure.
21 (g) For sources not included in market-based incentive
22 programs,this section does not apply to, and shall in no way limit,
23 existing district authority to facilitate compliance with particular
24 emission control measures by imposing or authorizing sourcewide
25 emission caps, alternative emission control plans, stationary for
26 mobile source emission trades,mobile for mobile source emission
27 trades, and similar measures, whether imposed or authorized by
28 rule or permit condition.
29 (h) This section does not apply to the implementation of
30 market-based transportation control measuresek that do not
31 involve emissions trading.
32 SEC. 2. Section 40420 of the Health and Safety Code is
33 amended to read:
34 40420. (a) The south coast district shall be governed by a
35 district board consisting off 16 members appointed as follows:
36 (1) Otte ffle�+eM(A) Two members appointed by the Governor,
37 with the advice and consent of the Senate.
38 (B) One member appointed pursuant to this paragraph shall be
39 a representative of a bona fide nonprofit environmental justice
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—7— SB 1387
1 organization that advocates for clean air and pollution reductions
2 in one or more communities within the South Coast Air Basin.
3 (2) One ...,....be (A) Two members appointed by the Senate
4 Committee on Rules.
5 (B) One member appointed pursuant to this paragraph shall be
6 a representative of a bona fide nonprofit environmental justice
7 organization that advocates for clean air and pollution reductions
8 in one or more communities within the South Coast Air Basin.
9 (3) One ...,....be (A) Two members appointed by the Speaker
10 of the Assembly.
11 (B) One member appointed pursuant to this paragraph shall be
12 a representative of a bona fide nonprofit environmental justice
13 organization that advocates for clean air and pollution reductions
14 in one or more communities within the South Coast Air Basin.
15 (4) Four members appointed by the boards of supervisors of the
16 counties in the south coast district.Each board of supervisors shall
17 appoint one of these members, who shall be one of the following:
18 (A) A member of the board of supervisors of the county making
19 the appointment.
20 (B) A mayor or member of a city council from a city in the
21 portion of the county making the appointment that is included in
22 the south coast district.
23 (5) Three members appointed by cities in the south coast district.
24 The city selection committee of Orange, Riverside, and San
25 Bernardino Counties shall each appoint one of these members,
26 who shall be either a mayor or a member of the city council of a
27 city in the portion of the county included in the south coast district.
28 (6) A member appointed by the cities of the western region of
29 Los Angeles County, consisting of the Cities of Agoura Hills,
30 Artesia, Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills,
31 Calabasas,Carson,Cerritos,Commerce,Compton,Cudahy,Culver
32 City, Downey, El Segundo, Gardena, Hawaiian Gardens,
33 Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park,
34 Inglewood, La Habra Heights, La Mirada, Lakewood, Lawndale,
35 Lomita, Long Beach, Lynwood, Malibu, Manhattan Beach,
36 Maywood,Montebello,Norwalk,Palos Verdes Estates,Paramount,
37 Pico Rivera,Rancho Palos Verdes,Redondo Beach,Rolling Hills,
38 Rolling Hills Estates,Santa Fe Springs,Santa Monica,Signal Hill,
39 South Gate,Torrance,Vernon,West Hollywood,Westlake Village,
40 and Whittier. These cities shall organize as a city selection
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SB 1387 —8-
1 committee for the purposes of subdivision(f), and shall be known
2 as the city selection committee of the western region of Los
3 Angeles County. The member appointed shall be either a mayor
4 or a member of the city council of a city in the western region.
5 (7) A member appointed by the cities of the eastern region of
6 Los Angeles County,consisting of the cities in Los Angeles County
7 that are not listed in paragraph(6)or(8), and excluding the Cities
8 of Lancaster, Los Angeles, and Palmdale. These cities shall
9 organize as a city selection committee for the purposes of
10 subdivision(f),and shall be known as the city selection committee
11 of the eastern region of Los Angeles County. The member
12 appointed shall be either a mayor or a member of the city council
13 of a city in the eastern region.
14 (8) A member appointed by the Mayor of the City of Los
15 Angeles from among the members of the Los Angeles City
16 Council.
17 (b) All members shall be appointed on the basis of their
18 demonstrated interest and proven ability in the field of air pollution
19 control and their understanding of the needs of the general public
20 in connection with air pollution problems of the South Coast Air
21 Basin.
22 (c) The member appointed by the Governor who is not the
23 member appointed pursuant to subparagraph (B) of paragraph
24 (1) of subdivision (a) shall be either a physician who has training
25 and experience in the health effects of air pollution, an
26 environmental engineer, a chemist, a meteorologist,or a specialist
27 in air pollution control.
28 (d) Each member shall be appointed on the basis of his or her
29 ability to attend substantially all meetings of the south coast district
30 board, to discharge all duties and responsibilities of a member of
31 the south coast district board on a regular basis, and to participate
32 actively in the affairs of the south coast district. @A member
33 shall not designate an alternate for any purpose or otherwise be
34 represented by another in his or her capacity as a member of the
35 south coast district board.
36 (e) Each appointment by a board of supervisors shall be
37 considered and acted on at a duly noticed, regularly scheduled
38 hearing of the board of supervisors, which shall provide an
39 opportunity for testimony on the qualifications of the candidates
40 for appointment.
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1 (f) The appointments by cities in the south coast district shall
2 be considered and acted on at a duly noticed meeting of the city
3 selection committee, which shall meet in a government building
4 and provide an opportunity for testimony on the qualifications of
5 the candidates for appointment. Each appointment shall be made
6 by not less than a majority of all the cities in the portion of the
7 county included in the south coast district having not less than a
8 majority of the population of all the cities in the portion of the
9 county included in the south coast district. Population shall be
10 determined on the basis of the most recent verifiable census data
11 developed by the Department of Finance. Persons residing in
12 unincorporated areas or areas of a county outside the south coast
13 district shall not be considered for the purposes of this subdivision.
14 (g) The members appointed by the Senate Committee on Rules
15 and the Speaker of the Assembly who are not the members
16 appointed pursuant to subparagraph (B) of paragraph (2) or
17 subparagraph (B) of paragraph (3) of subdivision (a) shall have
18 one or more of the qualifications specified in subdivision (c) or
19 shall be a public member. None of those appointed members may
20 be a locally elected official.
21 (h) All members shall be residents of the district.
22 (i) (1) The member who was serving on the district board as
23 of June 1, 2007, who had been appointed to represent the eastern
24 region of Los Angeles County shall be deemed on January 1,2008,
25 to be the member appointed to represent the western region of Los
26 Angeles County pursuant to paragraph (6) of subdivision (a) and
27 shall serve from January 1,2008,until the end of the term of office
28 for the member who had been appointed to represent the western
29 region of Los Angeles County. At the end of that term, the city
30 selection committee of the western region of Los Angeles County
31 shall make an appointment pursuant to paragraph(6)of subdivision
32 (a).
33 (2) The member who was serving on the district board as of
34 June 1, 2007, who had been appointed to represent the western
35 region of Los Angeles County shall be deemed on January 1,2008,
36 to be the member appointed pursuant to paragraph (8) of
37 subdivision (a) until the end of that member's term. At the end of
38 that term, the Mayor of the City of Los Angeles shall make an
39 appointment pursuant to paragraph (8) of subdivision (a).
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1 (3) On or after January 1, 2008,the city selection committee of
2 the eastern region of Los Angeles County shall convene promptly
3 to make an appointment pursuant to paragraph (7) of subdivision
4 (a).
5 SEC. 3. Section 40424 of the Health and Safety Code is
6 amended to read:
7 40424. (a) Except as provided in subdivision (b), sevett nine
8 members of the south coast district board shall constitute a quorum,
9 and no official action shall be taken by the south coast district
10 board except in the presence of a quorum and upon the affirmative
11 votes of a majority of the members of the south coast district board.
12 (b) Notwithstanding subdivision (a), whenever there are two
13 or more vacancies on the south coast district board, eight
14 members shall constitute a quorum, and the two vacant positions
15 shall not be counted toward the majority required for official action
16 by the south coast district board.Thereafter,whenever at least one
17 of those vacancies is filled, the quorum and voting requirements
18 of subdivision (a) shall apply.
19 SEC. 4. No reimbursement is required by this act pursuant to
20 Section 6 of Article XIII B of the California Constitution because
21 a local agency or school district has the authority to levy service
22 charges,fees, or assessments sufficient to pay for the program or
23 level of service mandated by this act, within the meaning of Section
24 17556 of the Government Code.
26 to read.,-
27 13104. (a) Reasonable proof of the identity of eaeh person
28 exeetttitig the affidavit or deelaration shall be provided to the holde
29 of the deeedent's
30
31
32
33 personally known to the holder.
34 (2) The person exeetttes the affidavit or deelaration in the
35 presettee of the holder.
36
37
38
39 exeettting the 4fida-vit or deelaration is reasonable proof of idefftity
40 for the pttfposes of this seetion.
98
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1
2
3 as reasonable proof of identity for the purposes of this seeti
4 '
5 Department of.AvIltotot-Ve-hieles that is eufretit or was issued d
6 .
7 (2) A passport issued by the United States Depar"etif 4 State
8 .
9 (3) Any of the following doeuments if the doeument is eurren
10
11 photograph and desetiption of the person tiamed ott it, is sigtte,4
12
13
14
15driver's
16 .
17p
f-o�es of the United States.
19 '
20
21 or deelaration is reasonable proof of identity of the p
22 .
23 '
24 eertifieate of aeknowledgffletit of the identity of the persoft,-+Ite
25 per sli ll note t the ..Fia._..t o. a. ..1...atiott
t either fhat the
26 person exeetttitig the a4ida-vit or deelaratiott is personally known
27 or a deseription of the identifteation provided by the person
28 .
0
98