(April 7, 2017, 1:05 p.m.) -- LBREPORT.com has obtained the text a "Floor Alert" sent on April 4 by the organization representing Air Pollution Control District Officers statewide which warned state legislators that text inserted in SB 1 (gas tax increase for roads) could "impede or preclude an air district’s ability to adopt indirect source rules that may affect trucks, such as at ports, warehouses, railyards and airports" and strongly urging removal of that text.
The Floor Alert from the California Air Pollution Control District Officers Association (CAPCOA), whose Board of Directors includes SCAQMD Director Wayne Nasri, further advised Sac'to lawmakers that the text [reportedly added to gain support from trucking industry interests displeased with SB 1's increase in diesel fuel tax] would "limit ARB and air district authority to require retrofit control technology regardless of local benefits to public health or even in the case of affordable technological breakthroughs, and...prevent the South Coast Air Quality Management District from adopting fleet rules that would clean up state and local government fleets to zero and near zero emission levels as quickly as feasible." |
CAPCOA's Floor Alert continued: State law already imposes numerous requirements to ensure that air districts actively consider and minimize the socioeconomic impact of rules that it adopts, along with considering their cost-effectiveness, as well as any potential conflict with other regulatory requirements. Moreover, exempting trucks from additional feasible emission reductions is unfair because it ultimately means other sources must contribute additional emission reductions. Mobile sources make up the majority of oxides of nitrogen emissions in California, and must be reduced substantially to meet ozone and particulate standards in many parts of the state. In order for our residents to breathe clean air, all sources must contribute all feasible reductions. We strongly urge you to delete the trucking exemption, or to further amend Section 18 to make clear that the language does not, in any way, restrict ARB or air district authority. Two prominent environmental groups -- the Coalition for Clean Air and the Sierra Club -- also urged state lawmakers to remove the truck pollution text. . Instead, three Long Beach area state lawmakers -- whose districts include truck-pollution-impacted areas and hold positions in Sacramento legislative leadership -- left the text in and voted "yes" on the measure with the truck pollution text included. They were state Senator Ricardo Lara (D, Long Beach-Huntington Park) [chairs Senate Appropriations Committee], Assemblyman Anthony Rendon (Long Beach-Lakewood-Paramount) [Assembly Speaker] and Assemblyman Patrick O'Donnell (D, Long Beach-San Pedro) [chairs Assembly Transportation Committee]. The LB area's sole Sac'to Republican voted against SB 1: state Senator Janet Nguyen (R, SE LB-West OC). Only one Dem state Senator statewide, Steve Glazer (D, Orinda). voted against SB 1, and in a statement to the San Jose Mercury News cited the trucking industry text as among the reasons he voted "no." "...I was also concerned about last-minute amendments to this bill that the environmental community and air quality regulators say will unwisely limit our ability to control diesel pollution from trucks. These changes have never been fully vetted and deserve more scrutiny," Sen. Glazer said. SB 1 was supported by the leadership of the CA and L.A. Chambers of Commerce. It was opposed by the Howard Jarvis Taxpayers Association. In November 2016 elections, Democrats (who already had majority control of both houses of the Sac'to legislature) gained 2/3 (tax empowering) majorities in both the state Senate and Assembly. Sen. Lara was named chair of the powerful Senate Appropriations Committee that sent SB 1 to the Senate floor without insisting on any amendments. Assemblyman Rendon was named Assembly Speaker and allowed SB 1 to bypass otherwise required Assembly Committee hearings, sending it to the Assembly floor for final passage hours after it passed the state Senate. Assemblyman O'Donnell, whose district includes areas directly affected by cargo movement truck pollution, was named chair of the Assembly Transportation Committee, but it never heard the SB 1 because Assembly Speaker Rendon and Assembly Dem leadership let SB 1 reach the full Assembly floor for a final vote within hours of its passing the state Senate. All three voted "yes" on SB 1 with the truck-pollution impacting verbiage. As of July 1, 2017 SB 1 will raise the state's gasoline tax 6 cents/gallon, which increases to 9 cents/gallon a year later and 12 cents/gallon on July 1, 2019. Car registration fees also increase. SB 1 says the revenue will be allocate to repair state highways and local roads. Long Beach Mayor Robert Garcia co-signed a March 23, 2017 letter with four other CA Mayors endorsing SB 1 prior adding of the trucking verbiage; Garcia didn't publicly call for the text's removal, didn't withdraw his support for the measure or withhold his support until the language was removed. Long Beach Councilmembers Al Austin (chair), Lena Gonzalez Vice Chair) and Stacy Mungo (member) (who comprise the Mayor-chosen "State Legislation Committee") didn't make a voted recommendation on SB 1 in January 2017. On April 4, 2017, Committee chair Austin (whose Council district parallels the 710 freeway) told a City Council meeting that City Hall's Committee/Council-approved "state legislative agenda" had helped advance SB 1...despite the fact that the City's "state legislative agenda" doesn't mention gasoline tax increases. It states that Long Beach will support policies and legislation "to secure the maximum amount of State funding for the construction and maintenance of local roads, infrastructure, transportation projects and major corridors" but also states that the City will "Support efforts to improve air quality" through the actions that include supporting policies and legislation that would enable the adoption of comprehensive and aggressive State air quality standards for mobile sources, including passenger vehicles [and] heavy-duty trucks, locomotives, and ships..."
Below is the trucking industry verbiage included in SB 1 as passed by Dem majorities in the state Senate and Assembly. ...(d) It is the intent of the Legislature for this section to provide owners of self-propelled commercial motor vehicles, as defined in subdivision (a), certainty about the useful life of engines certified by the state board and other applicable agencies to meet required environmental standards for sale in the state. This section is not meant to otherwise restrict the authority of the state board or districts.
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