CC - Item 3J - Support SB 1028•
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, INTERIM CITY MANAGER C2-C_'#`'
DATE: JULY 17, 2007
SUBJECT: LEGISLATIVE POSITION ON SB 1028 - SUPPORT
SUMMARY
The City recently received a request from the South Coast Air Quality Management District
(AQMD) to take an official position supporting Senate Bill (SB) 1028. If approved, this measure
would call on the California Air Resources Board (CARB) to adopt all feasible and cost-effective
measures necessary to attain federal clean air standards in all areas of the state.
Staff Recommendation
Staff recommends that the City Council vote to support SB 1028.
ANALYSIS
SB 1028 is a bill that if enacted will ensure that emission sources primarily under CARB's
jurisdiction will do their fair share of pollution reduction to achieve clean air goals. To date, a
number of other agencies have officially taken a support position on the measure according to the
AQMD, including the San Gabriel Valley Council of Governments, the California Contract Cities
Association, SCAG, the League of California Cities, and even the Rosemead Chamber of
Commerce.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
OQ-. ...e__:.
Oliver Chi
Interim City Manager
Attachment A: SB 1028
APPROVED FOR CITY COUNCIL AGENDA'.
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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
Introduced by Senators Padilla and Florez
February 23, 2007
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No. 1028
An act to add Seetions 39601.5 and 396024 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 -'amdaras 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 performance standards, and motor vehicle firel
specifications for the control of air contaminants and sources of air
pollution which the state board has_found to be necessaiy, cost effective,
and technologically feasible.
This bill would require the slate 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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sources of air pollution which the state hoard has. found to he necessary,
cost effective, and technologicallv_feasihle.
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The bill would require the state board in adopting to adopt rules and
regulations pursuant to speei€red these provisions of !a%- eone rni~g
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 thate
anticipate the development of new technologies or the improvement of
existing technologies.
The bill would also ieq Wing an and after jantiary-4-,
2008, the stftte boagd to adopt and enl;jree evefy feasible rule and
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
I 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
1 1 national ambient air quality standards for ozone and particulate
12 matter less than 2.5 microns in diameter (PM2.5).
13 (e) 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 arc 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.
SEC. 2. Seetion 39691.5 is added to the Health and Safiety
Code, to read-
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SEE-3.
SEC. 2. Section 39602.5 is added to the Health and Safety
Code, to read:
39602.5. (a) in adopt:°._ rule. and _ ulaiion
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SB 1028
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,The state board shall adopt rules and
regulations pursuant to Section 43013 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 required by the federal Clean Air
Act (42 U.S.C. Sec. 7401 ct seq.) in all areas of the state by the
applicable attainment date, and to maintain these standards
thereafter. The state board shall adopt these measures if they are
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the applietible air qualify plan. are necessary, technologically
feasible, cost effective, and consistent with Section 43013.
(b) If necessary to carry out its duties under this section, the
state board shall adopt and enforce rules and regulations that
regime anticipate the development of new technologies or the
improvement of existing technologies. The rules and regulations
shall require -tee standards that the state board finds and
determines can likely be made available achieved by the
compliance date set forth in the rule.
SEC. 3. Section 43013 of the Health and Safety Code is
amended to read:
43013. (a) The state board may shall adopt and implement
motor vehicle emission standards, in-use performance 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, to carry out the purposes of this division, unless preempted
by federal law.
(b) The state board shall, consistent with subdivision (a), adopt
standards and regulations for light-duty and heavy-duty motor
vehicles; medium-duty motor vehicles, as determined and specified
by the state board; and off-road or nonvehicle engine categories,
including, but not limited to, off-highway motorcycles, off-highway
vehicles, construction equipment, farm equipment, utility engines,
locomotives, and, to the extent permitted by federal law, marine
vessels.
(c) Prior to adopting standards and regulations for farm
equipment, the state board shall hold a public hearing and find and
determine that the standards and regulations are necessary,
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cost-effective, and technologically feasible. The state board shall
also consider the technological effects of emission control standards
on the cost, fuel consumption, and performance characteristics of
mobile farm equipment.
(d) Notwithstanding subdivision (b), the state board shall not
adopt any standard or regulation affecting locomotives until the
final study required under Section 5 of Chapter 1326 of the Statutes
of 1987 has been completed and submitted to the Governor and
Legislature.
(c) Prior to adopting or amending any standard or regulation
relating to motor vehicle fuel specifications pursuant to this section,
the state board shall, after consultation with public or private
entities that would be significantly impacted as described in
paragraph (2) of subdivision (f), do both of the following:
(1) Determine the cost-effectiveness of the adoption or
amendment of the standard or regulation. The cost-effectiveness
shall be compared on an incremental basis with other mobile source
control methods and options.
(2) Based on a preponderance of scientific and engineering data
in the record, determine the technological feasibility of the adoption
or amendment of the standard or regulation. That determination
shall include, but is not limited to, the availability, effectiveness,
reliability, and safety expected of the proposed technology in an
application that is representative of the proposed use.
(f) Prior to adopting or amending any motor vehicle fuel
specification pursuant to this section, the state board shall do both
of the following:
(1) To the extent feasible, quantitatively document the
significant impacts of the proposed standard or specification on
affected segments of the state's economy. The economic analysis
shall include, but is not limited to, the significant impacts of any
change on motor vehicle fuel efficiency, the existing motor vehicle
fuel distribution system, the competitive position of the affected
segment relative to border states, and the cost to consumers.
(2) Consult with public or private entities that would be
significantly impacted to identify those investigative or preventive
actions that may be necessary to ensure consumer acceptance,
product availability, acceptable performance, and equipment
reliability. The significantly impacted parties shall include, but arc
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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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