(September 17, 2005) -- 7th district Councilwoman Tonia Reyes Uranga has agendized an item for the Sept. 20 City Council meeting that seeks a resolution opposing the "Memorandum of Understanding" negotiated and signed by CA Air Resources Board (CARB) staff with BNSF and Union Pacific railroads -- a statewide agreement opposed by the South Coast Air Quality Management District (AQMD), multiple state and local officials and clean air activists who charge it undermines tougher local clean air standards and could neutralize advancing state legislation strengthening AQMD's ability to regulate RR emissions.

The Councilwoman also seeks a resolution supporting AQMD rules relating to diesel particulate control measures for clean urban transit buses, clean on-road solid waste collection vehicles, and clean on-road school buses for both public and private fleets,

Citing LB City Hall's 2010 Strategic Plan which includes the goal of improving air quality, Councilwoman Reyes Uranga says AQMD's enumerated concerns about the RR MOU in particular, as well as the agency's diesel particulate control measures for clean transit/school buses and trash trucks, "warrant consideration by the City Council as the primary impacts of these regional pollutants are immediate[ly] borne in our neighborhoods."

Councilwoman Reyes Uranga adds that "since the rail facilities exist to serve the Ports of LB/LA, we must ensure that the 2010 Plan's Strategic Action to develop, build, and lease versatile and efficient port facilities that make the maximum use of Port of Long Beach land (BI .7) is achieved with minimal impacts to the surrounding communities. I respectfully request that the City Council adopt a resolution in support of the AQMDs positions on the CARB/Railroads MOU and rules governing clean on-road fleets."

As previously reported by LBReport.com, the City of LB sent CARB a letter in late June, signed by Mayor Beverly O'Neill, expressing displeasure with the way CARB entered into the RR MOU and stating concerns about the MOU's effects.

As previously reported by LBReport.com, CARB subsequently agreed to hold two "public consultation" meetings on its RR MOU -- one of which took place on August 31 in the City of Commerce and drew roughly 300 people including state and local officials and/or their representatives, grassroots activists and members of the public.

Among those who spoke against the CARB-RR MOU at the meeting were Councilwoman Reyes Uranga via written testimony in advance of the meeting, Councilwoman Bonnie Lowenthal, whose testimony was submitted in writing and read aloud by her Chief of Staff, and Wrigley Association President Joan Greenwood who testified personally.

LBReport.com has separately provided extended audio coverage of the City of Commerce CARB meeting.

CARB and the RRs defend the MOU, saying it's the best way to produce emission reductions quickly without legislative wrangling or protracted rulemaking with the possibility of lawsuits and other challenges. AQMD officials dismiss the legal threats, say the CARB-RR MOU contains loopholes and ambiguities...and charge that the MOU's lesser statewide standards fail to reflect higher local pollution levels resulting from the Ports and their related goods movement operations.

Five entities testified at the City of Commerce CARB meeting in favor of the CARB-RR MOU: BNSF RR and UP RR (both parties to the MOU), the Ass'n of American RRs, the L.A. Chamber of Commerce...and the Pacific Merchant Shipping Association.

CARB is scheduled to hold a meeting on October 22 at its El Monte offices at which time the CARB Board will decide what, if anything, to do about its staff-negotiated RR MOU.

On September 15, CARB's governing board decided to wait before seeking EPA permission to adopt diesel fleet rules similar to AQMD's local diesel fleet rules on school buses and trash trucks...but did so for transit buses. CARB's board passed a resolution indicating it would consider state measures for school buses and trash trucks if AQMD's local rules for them (currently being challenged in court) are struck down.

We post the salient portions of Councilwoman Reyes Uranga's agendizing memo below: