HomeMy WebLinkAbout2007-07-10 - AGENDA REPORTS - SB 1028 AMBIENT AIR QUALITY (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: _ 5
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by: Michael Murphy
July 10, 2007
SB 1028 STATE AIR RESOURCES BOARD: REGULATIONS:
AMBIENT AIR QUALITY STANDARDS: VEHICLES.
City Manager's Office
RECOMMENDED ACTION
City Council support SB 1028 (State Air Resources Board: regulations: ambient air quality
standards: vehicles).
BACKGROUND
The South Coast Air Quality Management District (AQMD) is requesting that the City Council
support SB 1028 (Padilla). This bill requires the California Air Resources Board (CARB) to
adopt and enforce every feasible rule and regulation to meet air quality standards. Under the
Federal Clean Air Act, the United States Environmental Protection Agency (EPA) is required to
establish national ambient air quality standards for criteria air pollutants. State and local
agencies are responsible for instituting emission reduction measures to attain the standards under
the Clean Air Act through their State Implementation Plan. The state is generally responsible for
regulating mobile source emissions and local air quality management districts are generally
responsible for regulating stationary source emissions. Under exisiting law, the AQMD is the
agency charged with the overall responsibility for meeting provisions of the Clean Air Act.
However, the AQMD is reliant upon the California Air Resources Board to enact measures
relating to mobile source emissions, which are beyond the statutory authority of the AQMD.
Existing law designates the CARB as the agency responsible for the preparation of the state
implementation plan required by the federal Clean Air Act and requires it to coordinate the
activities of local air districts to comply with the act. Currently, the Air Quality Management
District (AQMD) only has authority over stationary sources of air pollution and very limited
authority over mobile air pollution sources. The limitation of authority over mobile air pollution
sources makes it very difficult for the AQMD to meet compliance goals.
r This bill requires the CARB, on and after January 1, 2008, to adopt and enforce every feasible
rule and regulation pertaining to motor vehicle emissions that will lead to the state achieving the
ambient air quality standards required by the federal Clean Air Act. This bill also requires the
CARB to ensure these rules and regulations are sufficient to achieve ambient air quality
standards, required by the federal Clean Air Act in all areas of the state. Specifies if necessary to
carry out its duties under this bill, the ARB is to adopt and enforce rules and regulations that
require the development of new technologies or the improvement of existing technologies. The
rules and regulations shall require technology that the State board finds and determines can likely
be made available by the compliance date set forth in the rule, is feasible, and cost effective.
Supporters argue that without state legislation requiring the Air Resources Board to employ all
feasible rules and regulations, the South Coast Air Basin will not meet the PM 2.5 requirements
by 2015 as required under federal law. Therefore, the air basin may be subject to sanctions from
the federal government. Proponents state that without the measure, AQMD is mandated to reach
an impossible goal of meeting federal air quality standards while not having the authority to
regulate certain pollution sources.
Opponents include State Senator Runner who argues the California ARB is already aggressive in
its approaches to meet air quality standards and this bill will only give it more authority to justify
even more onerous regulations. Opponents also believe that market incentives already exist to
compel entrepreneurs to innovate and any legislation will only delay the innovation process.
On June 25, 2007, the Legislative Committee met to consider a recommendation for this
measure. Mayor Pro Tem Kellar expresed a neutral position on the bill, but supported moving it
forward to the entire City Council for further consideration. Councilmember Boydston expressed
support for the measure and its goals, with the caveat that the California Air Resources Board, in
enacting new regulations, must be sensitive to the potential negative economic impacts that may
occur by increased regulatory action. Should the City Council support staffs recommendation to
support the measure, all correspondence from the City could include the economic impact
concerns.
ALTERNATIVE ACTIONS
1. City Council opposes
2. City Council take no position
3. Other action as determined by the City Council
FISCAL IMPACT
All activities associated with the recommended actions are contained within the approved
2007/2008 budget
ATTACHMENTS
SB 1028
AMENDED IN ASSEMBLY JUNE 27, 2007
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 8, 2007
AMENDED IN SENATE APRIL 24, 2007
AMENDED IN SENATE APRIL 9, 2007
SENATE BILL
No. 1028
Introduced by Senators Padilla and Florez
February 23, 2007
An act tnaddSeetiens39601.5and3960 amend Section 43013
of, and to add Section 39602.5 to, the Health and Safety Code, relating
to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1028, as amended, Padilla. State Air Resources Board:
regulations: ambient air quality-siandsrds- standards: vehicles.
Existing law designates the State Air Resources Board as the state
agency responsible for the preparation of the state implementation plan
required by the federal Clean Air Act, and requires the state board to
coordinate the activities of local air districts to comply with the act. The
state board is authorized to adopt and implement motor vehicle emission
standards, in -use per standards, and motor vehicle fuel
specifications for the control of air contaminants and sources of air
pollution which the state board has found to be necessary, cost effective,
and technologically feasible.
This bill would require the state board to adopt and implement motor
vehicle emission standards, in -use performance standards, and motor
vehicle fuel specifications for the control of air contaminants and
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SB 1028 —2—
sources
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sources of air pollution which the state board has found to be necessary,
cost effective, and technologically feasible.
his
'The bill would require the state board -in -adapting to adopt rules and
regulations pursuant to-speei€ted these provisionseflaw-eaneeruiag
that, in conjunction with other measures adopted by the state board,
the districts, and the United States Environmental Protection Agency,
to will achieve ambient air quality standards, and if necessary to carry
out this duty, to adopt and enforce rules and regulations that -require
anticipate the development of new technologies or the improvement of
defined.2008, the state beard to adept and enfbree every feasible rule�md
regulation au+orized under speeified provisions of law eene
inotor vehieles as eXFeditiottsly its feasible, its
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) The federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.)
4 requires the United States Environmental Protection Agency to
5 establish national ambient air quality standards for criteria air
6 pollutants at levels that are required to protect the public health
7 with an adequate margin of safety. The federal Clean Air Act
8 provides that state and local governments have primary
9 responsibility for the control of air pollution.
10 (b) A number of areas within the state have not attained the
I 1 national ambient air quality standards for ozone and particulate
12 matter less than 2.5 microns in diameter (PM2.5).
13 (c) Serious public health impacts, including thousands of
14 premature deaths per year, occur in the state as a result of ozone
15 and PM2.5 levels exceeding the federal standards.
16 , (d) State law requires air pollution control districts and air
17 quality management districts to adopt and enforce rules and
18 regulations to achieve and maintain the federal ambient air quality
19 standards in all areas affected by emission sources under their
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jurisdiction. In order to attain the federal standards, it is also
necessary for the State Air Resources Board to adopt rules to attain
these standards.
(e) The South Coast Air Quality Management District and the
San Joaquin Valley Unified Air Pollution Control District are the
two most polluted areas in the nation for ozone and PM2.5.Other
areas in the state also suffer significantly from these pollutants.
Pollution sources that the State Air Resources Board is authorized
to regulate are a substantial and increasingly important share of
emissions contributing to nonattainment throughout California.
(f) In order for all areas of the state to achieve the federal
ambient air quality standards, it is necessary for sources that the
State Air Resources Board is authorized to regulate to reduce their
emissions by a very substantial amount. For example, in the South
Coast Air Basin, attaining the PM2.5 standard is expected to require
reductions of oxides of nitrogen by over 30 percent, and attaining
the ozone standard will require oxides of nitrogen reduction of
over 75 percent.
(g) In order to ensure that all areas in the state attain the federal
ambient air quality standards as expeditiously as practicable, it is
necessary to require the state board to adopt every feasible rule
and regulation, and to adopt rules and regulations that are sufficient,
in conjunction with other applicable measures, to achieve and
maintain the national ambient air quality standards by the
applicable deadlines.
of time, taking into neeount eeen
v 1
SEC. 2. Section 39602.5 is added to the Health and Safety
Code, to read:
39602.5. (a) In adepting rules and regulations pttrsuant to
Seeti A3913 the stat_ L___! _Lail ensure
that
these rules -1
sass..... ... ... r, w.� vw.� vva..t J11C311
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SB 1028
—4-
1 regu4atiens we sttffieient,The state board shall adopt rules and
2 regulations pursuant to Section 43013 that in conjunction with
3 other measures adopted by the state board, the districts, and the
4 United States Environmental Protection Agency, -to will achieve
5 ambient air quality standards required by the federal Clean Air
6 Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the
7 applicable attainment date, and to maintain these standards
8 thereafter. The state board shall adopt these measures if they -are
10 this seetion, a measwe is eest eff�etive if it is within the range -of
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12 the applieable air qtmlity plal are necessary, technologically
13 feasible, cost effective, and consistent with Section 43013.
14 (b) If necessary to carry out its duties under this section, the
15 state board shall adopt and enforce rules and regulations that
16 require anticipate the development of new technologies or the
17 improvement of existing technologies. The rules and regulations
18 shall require-teekmology standards that the state board finds and
19 determines can likely bemadeachieved by the
20 compliance date set forth in the rule.
21 SEC. 3. Section 43013 of the Health and Safety Code is
22 amended to read:
23 43013. (a) The state board -may shall adopt and implement
24 motor vehicle emission standards, in -use performance standards,
25 and motor vehicle fuel specifications for the control of air
26 contaminants and sources of air pollution which the state board
27 has found to be necessary, cost-effective, and technologically
28 feasible, to carry out the purposes of this division, unless preempted
29 by federal law.
30 (b) The state board shall, consistent with subdivision (a), adopt
31 standards and regulations for light-duty and heavy-duty motor
32 vehicles; medium -duty motor vehicles, as determined and specified
33 by the state board; and off-road or nonvehicle engine categories,
34 including, but not limited to, off-highway motorcycles, off-highway
35 vehicles, construction equipment, farm equipment, utility engines,
36 locomotives, and, to the extent permitted by federal law, marine
37 vessels.
38 (c) Prior to adopting standards and regulations for farm
39 equipment, the state board shall hold a public hearing and find and
40 determine that the standards and regulations are necessary,
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-5— SB 1028
1 cost-effective, and technologically feasible. The state board shall
2 also consider the technological effects of emission control standards
3 on the cost, fuel consumption, and performance characteristics of
4 mobile farm equipment.
5 (d) Notwithstanding subdivision (b), the state board shall not
6 adopt any standard or regulation affecting locomotives until the
7 final study required under Section 5 of Chapter 1326 of the Statutes
8 of 1987 has been completed and submitted to the Governor and
9 Legislature.
10 (e) Prior to adopting or amending any standard or regulation
11 relating to motor vehicle fuel specifications pursuant to this section,
12 the state board shall, after consultation with public or private
13 entities that would be significantly impacted as described in
14 paragraph (2) of subdivision (f), do both of the following:
15 (1) Determine the cost-effectiveness of the adoption or
16 amendment of the standard or regulation. The cost-effectiveness
17 shall be compared on an incremental basis with other mobile source
18 control methods and options.
19 (2) Based on a preponderance of scientific and engineering data
20 in the record, determine the technological feasibility of the adoption
21 or amendment of the standard or regulation. That determination
22 shall include, but is not limited to, the availability, effectiveness,
23 reliability, and safety expected of the proposed technology in an
24 application that is representative of the proposed use.
25 (f) Prior to adopting or amending any motor vehicle fuel
26 specification pursuant to this section, the state board shall do both
27 of the following:
28 (1) To the extent feasible, quantitatively document the
29 significant impacts of the proposed standard or specification on
30 affected segments of the state's economy. The economic analysis
31 shall include, but is not limited to, the significant impacts of any
32 change on motor vehicle fuel efficiency, the existing motor vehicle
33 fuel distribution system, the competitive position of the affected
34 segment relative to border states, and the cost to consumers.
35 (2) Consult with public or private entities that would be
36 significantly impacted to identify those investigative or preventive
37 actions that may be necessary to ensure consumer acceptance,
38 product availability, acceptable performance, and equipment
39 reliability. The significantly impacted parties shall include, but are
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SB 1028
1 not limited to, fuel manufacturers, fuel distributors, independent
2 marketers, vehicle manufacturers, and fuel users.
3 (g) To the extent that there is any conflict between the
4 information required to be prepared by the state board pursuant to
5 subdivision (f) and information required to be prepared by the state
6 board pursuant to Chapter 3.5 (commencing with Section 11340)
7 of Part 1 of Division 3 of Title 2 of the Government Code, the
8 requirements established under subdivision (f) shall prevail.
9 (h) It is the intent of the Legislature that the state board act as
10 expeditiously as is feasible to reduce nitrogen oxide emissions
11 from diesel vehicles, marine vessels, and other categories of
12 vehicular and mobile sources which significantly contribute to air
13 pollution problems.
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