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    Stunner! Senate Dems Vote To Kill Oropeza's Diesel Magnet Sources Bill; We Post Tally; Nominal Reconsideration Granted For Aug. 31

    (August 31, 2006) -- In a stunning development first reported on's front page ( last night, Senate Democrats have voted to help kill (or remain silent as others killed) the diesel magnet sources bill (AB 1101) authored by Assemblywoman Jenny Oropeza (D., Carson-LB), defeating it in the 40-member Senate on a tally of 9 "yes" 21 "no" votes.

    Among Democrats choosing not to vote for the bill was Senate President Pro Tem Don Perata (D., Oakland), a primary architect and proponent of a port infrastructure expansion bond measure on the November ballot. posts the recorded vote below. Reconsideration was nominally granted, meaning the bill could come up for another vote today (Aug. 31), the legislature's final day to act on bills.

    Among those voting "yes" on the bill were State Senators Alan Lowenthal, Ed Vincent and Shiela Kuehl...but those voting "no" included Democrat Senators Debra Bowen and Kevin Murray (both termed out and exiting the Senate).

    The bill was closely watched locally...since it would have defined "diesel magnet sources" to include facilities that by the nature of their operations attract diesel engines in large numbers...including includes ports, airports, and rail yards (LB has all in abundance). The bill would have required preparation of emission inventory plans within one year and on or before July 1, 2009 and required local air districts to prepare a list of available strategies to reduce emissions associated with the diesel magnet sources.

    LB residents, as well as the City of LB (which operates a seaport and an airport) would have been directly affected by the bill. After reported that LB City Hall management had only taken a "watch" position on AB 1101, the LB City Council adopted a resolution explicitly endorsing the bill.

    As of Aug. 11, a legislative analysis indicated supporters also included the CA Air Pollution Control Officers Association, American Lung Association of California, Environmental Defense and Teamsters. The legislative analysis indicated AB 1101's opponents included APM Terminals, Airport Council International, North America, Air Transport Association, American Trucking Associations, Association of California Airports, California Chamber of Commerce, California Trade Coalition, County of Orange, Harbor Association of Industry & Commerce, Los Angeles Area Chamber of Commerce and the Western States Petroleum Association.

    In January 2006, AB 1101 cleared the full Assembly with LB Assemblywoman Betty Karnette voting with Assemblywoman Oropeza in support.

    In June 2006, Assemblywoman Oropeza won a Democrat primary for a southbay state Senate seat...meaning she will almost certainly be elected to the state State Senate in November. [Comment: Democrats wielding a majority in the state legislature Gerrymandered district lines after the last census, effectively rigging the outcome of partisan races in favor of Democrats]. As a Senator, Oropeza will have to coexist with Senate President Pro Tem Perata. She had no immediate comment on the defeat of her measure...effectively at the hands of members of her own party.

    MEASURE:	AB 1101
    AUTHOR:	Oropeza
    TOPIC:	Air pollution: diesel magnet sources.
    DATE:	08/30/2006
    MOTION:	Assembly 3rd Reading AB1101 Oropeza By Simitian
    	(AYES   9. NOES  21.)  (FAIL)
    Alquist	Cedillo	Kehoe	Kuehl
    Lowenthal	Migden	Simitian	Soto
    Aanestad	Ackerman	Ashburn	Battin
    Bowen	Chesbro	Cox	Denham
    Ducheny	Dunn	Dutton	Florez
    Harman	Hollingsworth	Machado	Maldonado
    Margett	McClintock	Murray	Poochigian
    Alarcon	Escutia	Figueroa	Morrow
    Ortiz	Perata	Romero	Scott
    Speier	Torlakson

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