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HomeMy WebLinkAbout2005-06-28 - AGENDA REPORTS - AB 1222 JONES (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item:_ CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: June 28, 2005 Michael P. Murphy STATE LEGISLATION: AB 1222 (JONES) City Manager's Office The Legislative Committee recommends that the City Council adopt a support position for AB 1222. BACKGROUND The South Coast Air Quality Management District (AQMD) has requested that the City of Santa Clarita provide a support position for AB 1222. Introduced on February 22, 2005, by Assembly Member Dave Jones (Sacramento), this bill attempts to address the need for programs that reduce effects of emissions of toxic air contaminants such as diesel exhaust from locomotives. Under this proposed legislation, the State Air Resources Board would establish a remote sensing program to identify heavy locomotive polluters and encourage mitigation measures. This bill would establish the Remote Sensing Pilot Program, and would require the state board to implement a pilot program to determine emissions from locomotives using wayside remote sensing devices. The bill would require the state board to design and implement the pilot program in consultation with an advisory group established by the state board. The program proposed under this legislation would also require the state board to submit a report to the Legislature by December 31, 2006, summarizing the data acquired from the program and the state board's determination of whether the remote sensing program served its purpose. Additionally, the program proposed under this bill would allow the board to impose a fee to recover the costs of this program onto owners or operators of locomotives operating within the state. Supporters contend that over the years, stringent regulations in California have reduced emissions by over 90% from most stationary sources and from motor vehicles and other mobile sources under the jurisdiction of state and local authorities. However, federal law preempts state and local jurisdictions from establishing exhaust emission requirements on locomotives. As a result, these sources have been controlled far less stringently and have not achieved what this bill's supporters deem to be the industry's fair share of emission reductions needed to meet state and federal clean air standards. The bill's author contends that the railroad locomotives have been estimated to emit over 177 tons of smog forming nitrogen oxide per day. Due to the close proximity of their operations populated areas, the author contends that the locomotives pose a significant public health risk. Supporters also point out that the bill does not mandate that the rail industry replace or repair equipment, but simply creates mechanism to identify which locomotives need attention. Supporters include South Bay Cities Council of Governments, and 23 cities including the Cities of Irvine, Colton, El Monte, San Bernardino and Covina. League of California Cities, Los Angeles County Division also supports this legislation. This bill is opposed by the California Railroad Industry (representing Union Pacific, California Shortline Railroad Association and the BNSF Railway), which argues that the "remote sensing" technology that this bill suggests could be used to measure emissions, has not been proven to work on locomotives. Further, the Industry argues that their locomotives already have an existing smoke monitoring program which has resulted in over 10,000 smoke inspections a year. Other criticism of this bill is pointed at the "fee" directed at owners and operators of locomotives to cover the costs of the program. Opponents include the California Railroad Industry and the California Taxpayer's Association. Assembly Bill 1222 has been approved by the Assembly and the Senate Environmental Quality Committee. It will be considered by the Senate Appropriation Committee on June 27, 2005. ALTERNATIVE ACTIONS 1. Oppose AB 1222. 2. Take no position on the above measure and direct staff to monitor this bill. 3. Other action as determined by the City Council. FISCAL IMPACT Adoption of the recommended action will not result in any fiscal impact on the City of Santa Clarita.