HomeMy WebLinkAbout2008-06-24 - AGENDA REPORTS - LEGISLATION SUPPORT (2)Agenda Item: 4
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CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Michael Murphy
DATE: June 24, 2008
SUBJECT: LEGISLATION
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
City Council review legislative bills and direct staff to send letters of support for the following
bills:
SB 1185 (1 -year tentative tract/parcel map extension)
SB 1646 (South Coast Air Quality Management District fee extension)
S. 1499 (Marine Vessel Emissions At of 2007: Reductions of oxides from ship fuel).
BACKGROUND
SB 1185 would extend parcel and tentative tract maps by 12 months, and therefore allow
developers to return to dormant subdivision maps without having to forfeit economic
investments and re doing the planning and application processes. Current law states that tentative
tract/maps expire within two years of their submittal unless an extension is granted by the entity
that approved the tentative map or if the tentative map is submitted in phases. Similar bills were
introduced in 1993 and 1996 when California was facing a slowing economy. Those preceding
bills extended the expiring period of tract maps, and therefore allowed developers to continue
development of tracts after an economic -turnaround occurred. If passed, this bill will provide
similar benefits to Santa Clarita. Currently, there are 16 tentative tract/parcel maps within the
City that would be positively affected by SB 1185. All together, these maps represent the
following developments within the City: 1,958 residential units; 744 multi -family units, 166
detached condos; 81 commercial condos, 4 buildings and tow parking lots; 10 subdivisions, and
124 dwelling units.
Currently, SCAQMD is the sole and exclusive local agency responsible for comprehensive air
pollution control within South Coast Air basin, which encompasses parts of Los Angeles,
Riverside, San Bernardino counties and all of Orange County. The existing program covers a
APPROVED
wide range of environmental concerns that affect Southern California, but the program is now set
to sunset in 2010. Being the only agency with a comprehensive air pollution control program
within Southern California, SCAQMD is asking for the support of local agencies to eliminate the
sunset date of the program and continue to the program indefinitely. If passed, this bill will
continue to designate $1 of the vehicle registration fee for environmentally sensitive programs as
well as fund research and development of lower -emitting technologies. By supporting this
initiative, Santa Clarita will continue to show its support for proactive programs that encourage a
cleaner environment.
The Clean Air Act was initially accepted into law in 1963 and has been amended over the years
to include elements that significantly affect our environment and health. However, the Clean Air
Act does not currently address sulfur particulates and ship fuel. S. 1499 would require marine
vessels within a 200 -mile radius of the western coast to cut-back on the level of sulfur oxides
(SOx) and nitrogen oxides (NOx) from ship fuel which has been shown to be detrimental to the
environment and health. The new regulation would specify marine vessels to use fuel that does
not contain more than 1,000 parts per million of sulfur in their main and auxiliary engines. If
passed, this bill will amend the Clean Air Act and direct the Administrator of the Environmental
Protection Agency (EPA) to enforce regulations, effective December 31, 2010. The SCAQMD
has asked local agencies in Southern California to support this initiative. In particular, the
detriment of both sulfur oxides (SOx) and nitrogen oxides (NOx) do affect Santa Clarita
residents; we are within the 200 -mile radius of one of the largest ports on the western coast- Port
of Los Angeles. By supporting this initiative, Santa Clarita will continue to show its support for
programs that support the environment and the general well being of our residents,
ALTERNATIVE ACTIONS
1. City Council oppose one or more of the bills
2. City Council take no position
3. Other action as determined by the City Council
FISCAL IMPACT
There is no fiscal impact associated with these recommendations.
ATTACHMENTS
SB 1185
SB 1646
S 1499
AMENDED IN ASSEMBLY JUNE 9, 2008
AMENDED IN SENATE MAY 23, 2008
AMENDED IN SENATE MAY 13, 2008
AMENDED IN SENATE MAY 1, 2008
AMENDED IN SENATE MARCH 24, 2008
SENATE BILL No. 1185
Introduced by Senator Lowenthal
(Principal coauthor: Assembly Member Houston)
(Coauthor: Senator Dutton)
(Coauthors: Assembly Members Solorio and Walters)
February 12, 2008
An act to amend Sections 66452.6, and 66463.5 of, to add Section
66452.21 to, and to amend and renumber Sections 66452.11 and
66452.12 of, the Government Code, relating to land use, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1185, as amended, Lowenthal. Land use: subdivision maps.
(1) The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land. It generally requires
a subdivider to submit, and have approved by, the city, county, or city
and county in which the land is situated a tentative or vesting tentative
map, which confers a vested right to proceed with development in
substantial compliance with specified ordinances, policies, and
standards. The act provides for the expiration of tentative or vesting
tentative maps, after specified periods of time, and specifically extends
by 12 months the expiration date of any tentative or vesting tentative
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map
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map or parcel map for which a tentative or vesting tentative map has
been approved that had not expired on May 15, 1996. This extension
is in addition to any other extension of the expiration date provided for
in specified provisions of the act. Any legislative, administrative, or
other approval by any local agency, state agency, or other political
subdivision of the state that pertains to a development project included
in a map that is extended is to be extended by 12 months under specified
conditions.
This bill would extend the applicable expiration date to 12 months,
as specified, for any vesting tentative map, in addition to a tentative
map, generally, that has not expired as of the date adding these
provisions and that will expire, as specified, before January 1, 2011.
By adding to the procedures officials in counties, cities, and cities and
counties must follow, this bill would impose a state -mandated local
program.
(2) The Subdivision Map Act provides that when a tentative map is
required, an approved or conditionally approved tentative map must
expire 24 months after its approval or conditional approval, or after any
additional time period as prescribed by local ordinance, not to exceed
an additional 12 months. A subdivider may file with the appropriate
legislative body, prior to the expiration of the approved or conditionally
approved tentative map, an application to extend the time at which the
map will expire for a period or periods not to exceed a total of 5 years.
This bill instead would allow the subdivider to file an application to
extend the time at which the map will expire for a period or periods not
to exceed a total of 6 years. By adding to the procedures officials in
counties, cities, and cities and counties must follow, this bill would
impose a state -mandated local program.
(3) 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.
(4) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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The people of the State of California do enact as follows:
SECTION 1. Section 66452.6 of the Government Code is
amended to read:
66452.6. (a) (1) An approved or conditionally approved
tentative map shall expire 24 months after its approval or
conditional approval, or after any additional period of time as may
be prescribed by local ordinance, not to exceed an additional 12
months. However, if the subdivider is required to expend one
hundred seventy-eight thousand dollars ($178,000) or more to
construct, improve, or finance the construction or improvement
of public improvements outside the property boundaries of the
tentative map, excluding improvements of public rights-of-way
which abut the boundary of the property to be subdivided and
which are reasonably related to the development of that property,
each filing of a final map authorized by Section 66456.1 shall
extend the expiration of the approved or conditionally approved
tentative map by 36 months from the date of its expiration, as
provided in this section, or the date of the previously filed final
map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing
with Section 65864) of Chapter 4 of Division 1 may be extended
for the period of time provided for in the agreement, but not beyond
the duration of the agreement. The number of phased final maps
that may be filed shall be determined by the advisory agency at
the time of the approval or conditional approval of the tentative
map.
(2) Commencing January 1, 2005, and each calendar year
thereafter, the amount of one hundred seventy-eight thousand
dollars ($178,000) shall be annually increased by operation of law
according to the adjustment for inflation set forth in the statewide
cost index for class B construction, as determined by the State
Allocation Board at its January meeting. The effective date of each
annual adjustment shall be March 1. The adjusted amount shall
apply to tentative and vesting tentative maps whose applications
were received after the effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
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overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall
not include any period of time during which a development
moratorium, imposed after approval of the tentative map, is in
existence. However, the length of the moratorium shall not exceed
five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of
a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map
shall be valid for the same period of time as was left to run on the
map at the time that the moratorium was imposed. However, if the
remaining time is less than 120 days, the map shall be valid for
120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall
not include the period of time during which a lawsuit involving
the approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit upon
the local agency, the subdivider may apply to the local agency for
a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall either
stay the time period for up to five years or deny the requested stay.
The local agency may, by ordinance, establish procedures for
reviewing the requests, including, but not limited to, notice and
hearing requirements, appeal procedures, and other administrative
requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
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1 to, processing, approving, and recording, may lawfully occur after
2 the date of expiration of the tentative map. Delivery to the county
3 surveyor or city engineer shall be deemed a timely filing for
4 purposes of this section.
5 (e) Upon application of the subdivider filed prior to the
6 expiration of the approved or conditionally approved tentative
7 map, the time at which the map expires pursuant to subdivision
8 (a) may be extended by the legislative body or by an advisory
9 agency authorized to approve or conditionally approve tentative
10 maps for a period or periods not exceeding a total of six years. The
11 period of extension specified in this subdivision shall be in addition
12 to the period of time provided by subdivision (a). Prior to the
13 expiration of an approved or conditionally approved tentative map,
14 upon an application by the subdivider to extend that map, the map
15 shall automatically be extended for 60 days or until the application
16 for the extension is approved, conditionally approved, or denied,
17 whichever occurs first. If the advisory agency denies a subdivider's
18 application for an extension, the subdivider may appeal to the
19 legislative body within 15 days after the advisory agency has
20 denied the extension.
21 (f) For purposes of this section, a development moratorium
22 includes a water or sewer moratorium, or a water and sewer
23 moratorium, as well as other actions of public agencies which
24 regulate land use, development, or the provision of services to the
25 land, including the public agency with the authority to approve or
26 conditionally approve the tentative map, which thereafter prevents,
27 prohibits, or delays the approval of a final or parcel map. A
28 development moratorium shall also be deemed to exist for purposes
29 of this section for any period of time during which a condition
30 imposed by the city or county could not be satisfied because of
31 either of the following:
32 (1) The condition was one that, by its nature, necessitated action
33 by the city or county, and the city or county either did not take the
34 necessary action or by its own action or inaction was prevented or
35 delayed in taking the necessary action prior to expiration of the
36 tentative map.
37 (2) The condition necessitates acquisition of real property or
38 any interest in real property from a public agency, other than the
39 city or county that approved or conditionally approved the tentative
40 map, and that other public agency fails or refuses to convey the
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1 property interest necessary to satisfy the condition. However,
2 nothing in this subdivision shall be construed to require any public
3 agency to convey any interest in real property owned by it. A
4 development moratorium specified in this paragraph shall be
5 deemed to have been imposed either on the date of approval or
6 conditional approval of the tentative map, if evidence was included
7 in the public record that the public agency which owns or controls
8 the real property or any interest therein may refuse to convey that
9 property or interest, or on the date that the public agency which
10 owns or controls the real property or any interest therein receives
11 an offer by the subdivider to purchase that property or interest for
12 fair market value, whichever is later. A development moratorium
13 specified in this paragraph shall extend the tentative map up to the
14 maximum period as set forth in subdivision (b), but not later than
15 January 1, 1992, so long as the public agency which owns or
16 controls the real property or any interest therein fails or refuses to
17 convey the necessary property interest, regardless of the reason
18 for the failure or refusal, except that the development moratorium
19 shall be deemed to terminate 60 days after the public agency has
20 officially made, and communicated to the subdivider, a written
21 offer or commitment binding on the agency to convey the necessary
22 property interest for a fair market value, paid in a reasonable time
23 and manner.
24 SEC. 2. Section 66452.11 of the Government Code, as added
25 by Section 6 of Chapter 612 of the Statutes of 2007, is amended
26 and renumbered to read:
27 66452.14 (a) Pursuant to the provisions of subparagraph (E)
28 of paragraph (2) of subdivision (a) of Section 66427.1, the
29 subdivider shall give written notice of the intent to convert 180
30 days prior to the termination of tenancy in the form outlined in
31 subdivision (b), to each tenant of the subject property.
32 (b) The notice shall be as follows:
33
34 "To the accupant(s) of
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36 (address)
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38 The owner(s) of this building, at (address), plans to convert this
39 building to a (condominium, community apartment, or stock
40 cooperative project). This is a notice of the owner's intention to
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convert the building to a (condominium, community apartment,
or stock cooperative project).
A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved
by the City on . If the City approves a final map, you
may be required to vacate the premises, but that cannot happen
for at least 180 days from the date this notice was served upon
you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from
the date this notice was served upon you. This present notice is
not a notice to terminate your tenancy; it is not a notice that you
must now vacate the premises.
(signature of owner or owner's agent)
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
SEC. 3. Section 66452.12 of the Government Code, as added
by Section 7 of Chapter 612 of the Statutes of 2007, is amended
and renumbered to read:
66452.15 (a) Pursuant to subparagraph (F) of paragraph (2)
of subdivision (a) of Section 66427.1, the subdivider shall give
written notice within five days after receipt of the subdivision
public report to each tenant of his or her exclusive right for at least
90 days after issuance of the subdivision public report to contract
for the purchase of his or her respective unit in the form outlined
in subdivision (b).
(b) The notice shall be as follows:
"To the occupants) of
(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
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1 to a (condominium, community apartment, or stock cooperative
2 project)., Commencing on the date of issuance of the subdivision
3 public report, you have the exclusive right for 90 days to contract
4 for the purchase of your rental unit upon the same or more
5 favorable terms and conditions than the unit will initially be offered
6 to the general public.
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9 (signature of owner or owner's agent)
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11 (date)"
12
13 The written notices to tenants required by this section shall be
14 deemed satisfied if the notices comply with the legal requirements
15 for service by mail.
16 SEC. 4. Section 66452.21 is added to the Government Code,
17 to read:
18 66452.21. (a) The expiration date of any tentative or vesting
19 tentative subdivision map or parcel map for which a tentative or
20 vesting tentative map, as the case may be, has been approved that
21 has not expired on the date that the act that adds this section
22 becomes effective and that will expire before January 1, 2011,
23 shall be extended by 12 months.
24 (b) The extension provided by subdivision (a) shall be in
25 addition to any extension of the expiration date provided for in
26 Section 66452.6, 66452.11, 66452.13, or 66463.5.
27 (c) Any legislative, administrative, or other approval by any
28 state agency that pertains to a development project included in a
29 map that is extended pursuant to subdivision (a) shall be extended
30 by 12 months if this approval has not expired on the date that the
31 act that adds this section becomes effective. This extension shall
32 be in addition to any extension provided for in Section 66452.13.
33 (d) For purposes of this section, the determination of whether
34 a tentative subdivision map or parcel map expires before January
35 1, 2011, shall count only those extensions of time pursuant to
36 subdivision (e) of Section 66452.6 or subdivision (e) of Section
37 66463.5 approved on or before the date€ that the act that adds
38 this section becomes effective and any additional time in
39 connection with the filing of a final map pursuant to subdivision
40 (a) of Section 66452.6 for a map that was recorded on or before
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1 the of`,. e aet adate that the act that adds this section becomes
2 effective. The determination shall not include any development
3 moratorium or litigation stay allowed or permitted by Section
4 66452.6 or 66463.5.
5 SEC. 5. Section 66463.5 of the Government Code is amended
6 to read:
7 66463.5. (a) When a tentative map is required, an approved
8 or conditionally approved tentative map shall expire 24 months
9 after its approval or conditional approval, or after any additional
10 period of time as may be prescribed by local ordinance, not to
11 exceed an additional 12 months.
12 (b) The expiration of the approved or conditionally approved
13 tentative map shall terminate all proceedings, and no parcel map
14 of all or any portion of the real property included within the
15 tentative map shall be filed without first processing a new tentative
16 map. Once a timely filing is made, subsequent actions of the local
17 agency, including, but not limited to, processing, approving, and
18 recording, may lawfully occur after the date of expiration of the
19 tentative map. Delivery to the county surveyor or city engineer
20 shall be deemed a timely filing for purposes of this section.
21 (c) Upon application of the subdivider filed prior to the
22 expiration of the approved or conditionally approved tentative
23 map, the time at which the map expires may be extended by the
24 legislative body or by an advisory agency authorized to approve
25 or conditionally approve tentative maps for a period or periods not
26 exceeding a total of six years. Prior to the expiration of an approved
27 or conditionally approved tentative map, upon the application by
28 the subdivider to extend that map, the map shall automatically be
29 extended for 60 days or until the application for the extension is
30 approved, conditionally approved, or denied, whichever occurs
31 first. If the advisory agency denies a subdivider's application for
32 an extension, the subdivider may appeal to the legislative body
33 within 15 days after the advisory agency has denied the extension.
34 (d) (1) The period of time specified in subdivision (a) shall not
35 include any period of time during which a development
36 moratorium, imposed after approval of the tentative map, is in
37 existence. However, the length of the moratorium shall not exceed
38 five years.
39 (2) Once a moratorium is terminated, the map shall be valid for
40 the same period of time as was left to run on the map at the time
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that the moratorium was imposed. However, if the remaining time
is less than 120 days, the map shall be valid for 120 days following
the termination of the moratorium.
(e) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (c), shall
not include the period of time during which a lawsuit involving
the approval or conditional approval of the tentative map is, or
was, pending in a court of competent jurisdiction, if the stay of the
time period is approved by the local agency pursuant to this section.
`After service of the initial petition or complaint in the lawsuit upon
the local agency, the subdivider may apply to the local agency for
a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall either
stay the time period for up to five years or deny the requested stay.
The local agency may, by ordinance, establish procedures for
reviewing the requests, including, but not limited to, notice and
hearing requirements, appeal procedures, and other administrative
requirements.
(f) For purposes of this section, a development moratorium shall
include a water or sewer moratorium or a water and sewer
moratorium, as well as other actions of public agencies that regulate
land use, development, or the provision of services to the land,
including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a parcel map.
(g) Notwithstanding subdivisions (a), (b), and (c), for the
purposes of Chapter 4 5 (commencing with Section 66498.1),
subdivisions (b), (c), and (d) of Section 66498.5 shall apply to
vesting tentative maps prepared in connection with a parcel map
except that, for purposes of this section, the time periods specified
in subdivisions (b), (c), and (d) of Section 66498.5 shall be
determined from the recordation of the parcel map instead of the
final map.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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1 SEC. 7. This act is an urgency statute necessary for the
2 immediate preservation of the public peace, health, or safety within
3 the meaning of Article IV of the Constitution and shall go into
4 immediate effect. The facts constituting the necessity are:
5 In order to permit cities, counties, and a city and county to
6 preserve development applications that are set to expire and that
7 cannot be processed presently due to prevailing adverse economic
8 conditions in the construction industry, it is necessary that this act
9 take immediate effect.
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SENATE BILL No. 1646
1
Introduced by Senators Padilla, Cedillo, Negrete McLeod, and
Oropeza
(Coauthors: Assembly Members Davis, Feuer, Fuentes, and Soto)
February 22, 2008
An act to amend Section 40512 of the Health and Safety Code, and
to amend Section 9250.11 of the Vehicle Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1646, as introduced, Padilla. South Coast Air Quality Management
District: air pollution fee.
Existing law, until January 1, 2010, authorizes the South Coast Air
Quality Management District to impose a $1 fee on the renewal of
registration of any motor vehicle in the district, and requires the district
to utilize the revenues generated by the imposition of that fee to reduce
air pollution from motor vehicles through the implementation of a
clean -burning fuel program in that district. Existing law requires these
fees to be deposited in a clean fuels and transportation control measures
account, and requires that no more than 2 '/2% of the funds in the account
be used for administrative costs.
This bill would extend the authority of the district to impose the fee
indefinitely, and would require than no more than 5% of the funds in
the account be used for administrative purposes.
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. Section 40512 of the Health and Safety Code is
2 amended to read:
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1
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1 40512. (a) The south coast district board may impose a fee
2 surcharge based on a formula associated with quantity of emissions
3 and the effect of these emissions on ambient air quality within the
4 south coast district to generate sufficient revenues to pay for any
5 of its costs associated with the development and implementation
6 of Section 40448.5.
7 (b) The total amount of funds collected from these surcharge
8 fees shall not exceed five hundred thousand dollars ($500,000) in
9 each of the first two fiscal years of the development or
10 implementation of Section 40448.5. All surcharge fees received
11 by the south coast district pursuant to this section shall be deposited
12 in a clean fuels and transportation control measures account -.
13 that shall be established and maintained by the south coast district.
14 (c) In subsequent fiscal years, the total amount of funds collected
15 from these surcharge fees shall not exceed 25 percent of the amount
16 of fees received the previous fiscal year' from registered motor
17 vehicle owners pursuant to Section 9250.11 of the Vehicle Code.
18 The surcharge fees received by the south coast district pursuant to
19 this section shall be used to pay for the initial costs incurred by
20 the Department of Motor Vehicles to implement the motor vehicle
21 fee program established by Section 9250.11 of the Vehicle Code.
22 (d) All fees received by the south coast district pursuant to
23 Section 9250.11 of the Vehicle Code shall be deposited in the clean
24 fuels and transportation control measures account and shall be
25 used solely for transportation and vehicular -related program
26 activities within the program established by this section. Not more
27 thanes+f} 5 percent of the funds in the account shall be used for
28 the south coast district's administrative costs.
29 SEC. 2. Section 9250.11 of the Vehicle Code is amended to
30 read:
'31 9250.11. (a) In addition to any other fees specified in this code
32 and the Revenue and Taxation Code, a fee of one dollar ($1) may
33 be imposed by the South Coast Air Quality Management District
34 and shall be paid to the department, upon renewal of registration
35 of any motor vehicle subject to Part 5 (commencing with Section
36 43000) of Division 26 of the Health and Safety Code and registered
37 in the south coast district, except any vehicle that is expressly
38 exempted under this code from the payment of registration fees.
39 (b) Prior to imposing fees pursuant to this section, the south
40 coast district board shall approve the imposition of the fees through
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1 the adoption of a resolution by both a majority of the district board
2 and a majority of the district board who are elected officials. After
3 deducting all costs incurred pursuant to this section, the department
4 shall distribute the additional fees collected pursuant to subdivision
5 (a) to the south coast district, which shall use the fees to reduce
6 air pollution from motor vehicles through implementation of
7 Sections 40448.5 and 40448.5.1 of the Health and Safety Code.
8 (c) Any memorandum of understanding reached between the
9 district and a county prior to the imposition of a one dollar ($1)
10 fee by a county shall remain in effect and govern the allocation of
11 the funds generated in that county by that fee.
12 (d) The South Coast Air Quality Management District shall
13 adopt accounting procedures to ensure that revenues from motor
14 vehicle registration fees are not commingled with other program
15 revenues.
16 ,
17 and as of that date is repealed, tinless a latef enaeted statttte, whieh
18 is enneted bef6re januafy i, 2010, deletes of extends that date.
x
99
II
110TI-I CONGRESS Se1499
1ST SESSION
To amend the Clean Air Act to reduce air pollution from marine vessels.
IN THE SENATE OF THE UNITED STATES
MAY 24, 2007
Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public `Yorks
A BILL
To amend the Clean Air Act to reduce air pollution from
marine vessels.
1 Be it enacted by the Senate and lJouse o f Representa-
2 tives of the United States o f America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Marine Vessel Emis-
5 Bions Reduction Act of 2007".
6 SEC. 2. FINDINGS.
7 Congress finds that -
8 (1) emissions of air pollutants from marine ves-
9 sels contribute significantly to dangerous air pollu-
10 tion in many areas in the United States;
2
t
1 (2) current levels of control on those emissions
2 are not adequate to protect air quality and public
3 health;
4 (3) to protect air quality and public health, ef-
5 forts by State and local governments to control emis-
6 sions from marine vessels must be augmented by the
7 Federal Government;
8 (4) although the Environmental Protection
9 Agency may require additional controls on domestic
10 and international marine vessels entering United
11 States ports, significant emission reductions must be
12 achieved in the near future; and
13 (5) it is urgent and necessary to require the
14 Administrator of the Environmental Protection
15 Agency to establish standards to reduce emissions of
16 air pollutants from marine vessels in a sufficient pe-
17 riod of time to allow all areas in the United States
18 to meet air quality standards in accordance with ap-
19 plicable deadlines.
20 SEC. 3. MARINE VESSEL FUEL SULFUR.
21 Section 211 of the Clean Air Act (42 U.S.C. 7545)
22 is amended-
23 (1) by redesignating the first subsection (r) (re-
24 lating to fuel and fuel additive importers and impor-
•S 1499 IS
3
1 tation) as subsection (u) and moving that subsection
2 so as to appear at the end of the section; and
3 (2) by inserting after subsection (o) the fol -
4 lowing:
5 "(p) MARINE VESSEL FUEL SULFUR. -
6 "(1) IN GENERAL. -Subject to paragraph (3),
7 not later than December 15, 20087 the Adminis-
8 trator shall promulgate regulations that, effective be -
9 ginning on December 31, 2010, require marine ves-
10 sels described in paragraph (2) to use fuel that con -
11 tains not more than 1,000 ,parts per million of sulfur
12 in the main and atuiliary engines of the vessels.
13 "(2) APPLICABILITY.—The regulations promul-
14 gated pursuant to paragraph (1) shall apply to all
15 marine vessels, including any vessel flagged in a
16 country other than the United States, at any time
17 at which the vessels are, on entering or leaving a
18 port or offshore terminal of the United States -
19 "(A) within 200 miles of the west coast of
20 the continental United States; and
21 "(B) within such distance of the east coast
22 or Gulf coast of the United States, or the
23 shoreline of the Great Lakes or St. Lawrence
24 Seaway, as the Administrator determines to be
•S 1499 IS
n
I
appropriate for the purpose of protecting public
2
health and the environment.
3
"(3) INTERIM REQUIREMENT. -
4
"(A) IN GENERAL. -Notwithstanding the
5
requirement of paragraph (1), the Adminis-
6
trator may promulgate regulations under that
7
paragraph that permit marine vessel fuel sulfur
8
content in excess of 1,000 parts per million if
9
the Administrator determines that compliance
10
with the requirement of paragraph (1) is not
11
technically feasible by December 31, 2010.
12
"(B) REGULATIONS.—If the Administrator
13
makes a determination described in subpara-
14
graph (A), the Administrator shall promulgate
15
regulations that require marine vessels -
16
"(i) beginning on December 31, 2010,
17
to use fuel that contains -
18
"(I) the lowest quantity of sulfur
19
that is technically feasible by that
20
date; and
21
"(II) in no event a quantity of
22
sulfur in excess of 2,000 parts per
23
million; and
24
"(ii) to achieve compliance with the
25
requirement of paragraph (1) on the ear -
•S 1499 IS
5
1 liest practicable date by which compliance
2 is technically feasible.
3 "(4) ALTERNATIVE COMPLIANCE MECHA-
4 NIsm.—The Administrator may provide for an alter -
5 native mechanism of compliance under this sub -
6 section for a marine vessel if the Administrator de -
1 termines that -
8 "(A) the vessel employs a control tech -
9 nology that reduces emissions from the vessel of
10 sulfur oxides and particulate matter to at least
11 the same degree as the reduction that would be
12 achieved by the vessel through compliance with
13 the applicable fuel sulfur content limitation
14 under this subsection; and
15 "(B) the emission reductions achieved as
16 described in subparagraph (A) are in addition
17 to any reductions required to achieve compli-
18 ance with an applicable engine emission stand -
19 and issued by the Administrator or the head of
20 another Federal agency.
21 "(5) NO EFFECT ON OTIIER AUTHORITY. -
22 Nothing in this subsection limits or otherwise affects
23 any authority of the Administrator to regulate fuels
24 or fuel additives for use in marine vessels or any
•S 1499 IS
I other nonroad vehicle or engine under this Act or
2 any other provision of law.".
3 SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS.
4 Section 213 of the Clean Air Act (42 U.S.C. 7547)
5 is amended -
6 (1) by redesignating subsection (d) as sub -
7 section (f); and
8 (2) by inserting after subsection (c) the fol -
9 lowing:
10 (d) ADVANCED MARINE VESSEL EMISSION CON -
11 TROLS.-
12 "(1) STANDARDS FOR OCEANGOING VESSELS. -
13 "(A) IN GENERAL.—Not later than De -
14 cember 15, 2008, the Administrator shall pro -
15 mulgate, and from time to time revise, regula-
16 tions that establish standards for emissions of
17 oxides of nitrogen, particulate matter, hydro -
18 carbons, and carbon monoxide from newly -man -
19 ufaetured and in -use main and auxiliary en -
20 gines in oceangoing marine vessels that enter or
21 leave a port or offshore terminal of the United
22 States.
23 "(B) REQUIRETAIENT.—The standards
24 under subparagraph (A) shall require, effective
25 beginning on January 1, 2012, that the engines
•S 1499 IS
h
1
described in that subparagraph achieve the
2
greatest degree of emission reduction achievable
3
through the application of technology that the
4
Administrator determines, in accordance with
5
this paragraph, will be available for the affected
6
engines.
7
"(C) ADDITIONAL FACTORS FOR CONSID-
8
LRATIO .-
9
"(i) IN GENERAL.—In promulgating a
10
standard under this paragraph, the Admin -
11
istrator shall take into consideration -
12
"(I) whether the engine is newly -
13
manufactured or in -use (and, if the
14
engine is in -use, the age of the en -
15
gine);
16
"(II) the cost of applying an
17
emission reduction technology in a pe -
18
riod of time sufficient to achieve com-
19
pliance with the standard;
20
"(III) noise, energy, and safety
21
factors associated with the application
22
of the technology;, and
23
"(N) the feasibility, benefits,
24
and costs of requiring—
•S 1499 IS
r
e
1
"(aa) the maximum level of
2
control required by regulations
3
applicable to on -road, nonroad,
4
and stationary engines; and
5
"(bb) the maximum level of
6
control achieved by sources from
7
which control technologies may
8
be transferred, including sources
9
that use advanced aftertreatment
10
technologies.
11
"(ii) DETERMINATION. -
12
"(I) IN GENERAL.—If the Ad -
13
ministrator determines, after consider -
14
ation of the factors described in clause
15
(i), that a maximum level of control
16
described in clause (MIAT) will not be
17
technically achievable by January 1,
18
2012, the Administrator shall promul-
19
gate standards under subparagraph
20
(A) that require the maximum level of
21
control that the Administrator deter -
22
mines will be technically achievable by
23
that date.
24
"(II) ADDITIONAL STANDARDS. -
25
If the Administrator makes a deter -
•S 14991S
I
1 mination under subclause (I), the Ad -
2 ministrator shall promulgate addi-
3 tional standards under subparagraph
4 (A) that require, effective beginning
5 on January 1, 2016-
6 "(aa) the maximum level of
7 control described in clause
8 (i) (W); or
9 "(bb) if the Administrator
10 determines, after consideration of
11 the factors described in clause
12 (i), that a maximum level of con -
13 trol described in subclause (N)
14 of that clause is not technically
15 achievable by January 1, 2016,
16 the maximum level of control
17 that the Administrator deter -
18 mines will be technically achiev-
19 able by that date.
20 "(2) APPLICABILITY.—Standards applicable to
21 marine engines and marine vessels promulgated
22 under this section shall be applicable to vessels that
23 enter or leave a port or offshore terminal of the
24 United States, including vessels flagged in any coun-
25 try other than the United States.
•S 1499 IS
I
1 "(3) ENFORCEMENT. -
2 "(A) IN GENERAL.—The standards estab-
3 lished under this subsection shall be enforced in
4 accordance with subsection (f).
5 "(B) ENFORCEMENT AGAINST CERTAIN
6 PERSONS. At the discretion of the Adminis-
7 trator, any standard established under this sub -
8 section relating , to in -use engines may be en -
9 forced against -
10 "(i) the owner or operator of an in -
11 use engine;
12 "(ii) any person that rebuilds or
13 maintains an in -use engine; or
14 "(iii) such other person as the Admin -
15 istrator determines to be appropriate.
16 "(4) NO EFFECT ON OTHER AUTHORITY. -
17 Nothing in this subsection limits or otherwise affects
18 any authority of the Administrator to regulate emis-
19 sions of engines in marine vessels under this Act or
20 any other provision of law.".
O
I
•S 1499 IS
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