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GOVERNING BOARD AGENDA
MEETING, January 6, 2012


A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California. Most agenda items and attachments are described in a “Board Letter” which may be accessed by clicking the appropriate link below. Unless otherwise noted, all agenda items are in .pdf format.

The agenda and documents in the agenda packet will be made available upon request in appropriate alternative formats to assist persons with a disability. Disability-related accommodations will also be made available to allow participation in the Board meeting. Any accommodations must be requested as soon as practicable. Requests will be accommodated to the extent feasible. Please telephone the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to 5:30 p.m. Tuesday through Friday.

All documents (i) constituting non-exempt public records, (ii) relating to an item on the agenda, and (iii) having been distributed to at least a majority of the Governing Board after the agenda is posted, are available prior to the meeting for public review at the South Coast Air Quality Management District Clerk of the Board’s Office, 21865 Copley Drive, Diamond Bar, CA 91765.

CALL TO ORDER

Pledge of Allegiance

Swearing in of Chair and Vice Chair for Terms January 2012 – January 2014

Opening Comments:

  • William A. Burke, Ed.D., Chair
  • Other Board Members
  • Barry R. Wallerstein, D. Env., Executive Officer

This agenda is also available in .PDF format. (PDF, 3.8mb)

IPad and IPhone users with GoodReader or IAnnotate installed, tap below to download the Board package in the application selected:
GoodReader iAnnotate

CONSENT CALENDAR (Items 1 through 14)

Note: Consent Calendar items held for discussion will be moved to Item No. 15.

  1. Approve Minutes of December 2, 2011 Board Meeting (PDF, 193kb)
    McDaniel (909)396-2500
    Mail graphic (smcdaniel@aqmd.gov)

  2. Set Public Hearing February 3, 2012 to Receive Public Input on Executive Officer's Priority Goals for FY 2012-13 (PDF, 84kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    A set of priority goals for FY 2012-13 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these priority goals as they serve as the foundation of AQMD's Work Program.

Budget/Fiscal Impact

  1. Execute Contracts for Deployment of In-Basin Renewable Distributed Electricity Generation and Storage to Support Electric Transportation Technologies Energy Policy item (PDF, 114kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    In May 2011, the Board released an RFP to announce the availability of funds and solicit proposals for the deployment of in-basin renewable distributed electricity generation combined with storage to support electric transportation technologies.  Forty-six proposals were received in response to the RFP.  This action is to execute contracts for the deployment of in-basin renewable distributed electricity generation and energy storage in an amount up to $12,363,269; $2,402,500 from AES Settlement Fund (35), $8,360,769 from Rule 1309.1 Mitigation Fund (36) and $1,600,000 from the Rule 1121 Mitigation Fee Fund (27).  (Reviewed: Technology Committee, December 16, 2011; Recommended for Approval)

  2. Allocate Funds and Issue Program Announcement for Replacement of CNG School Bus Tanks, and Award Funds to Replace Fuel Tanks on School Buses Energy Policy item (PDF, 449kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    The recently adopted state legislations AB 462 and AB 470 have expanded the potential use of Carl Moyer AB 923 funds. Starting January 2012, in addition to school bus replacements, AB 923 funds may be used for school bus retrofits and for replacing older than 14 years on-board fuel tanks of CNG school buses. Since on-board fuel tanks of CNG school buses with less than 14 years of age may need replacements, this action is to set up an account of up to $600,000 with AQMD non-state/federal funds in the Lower-Emission School Bus Fund (33) and issue a program announcement for replacement of CNG school bus tanks in case of damage prior to 14 years of use. In addition, this action is to provide up to $140,000 to Torrance Unified School District to replace damaged CNG tanks in seven school buses. (Reviewed: Administrative Committee, December 9, 2011; Recommended for Approval)

  3. Approve Contract Modification under Alternative Fuel School Bus Incentives Program as Part of FY 2010-11 AB 2766 Discretionary Fund Work Program (PDF, 65kb)
    Winterbottom
    As part of their FY 2010-11 AB 2766 Discretionary Fund Work Program, the MSRC implemented an Alternative Fuel School Bus Incentives Program and issued contracts to two qualifying vendors. This action is to modify the contract with one vendor, A-Z Bus Sales, to add additional funds in the amount of $525,000 to provide incentives toward the purchase of 21 alternative fuel school buses. At this time, the MSRC seeks Board approval of this contract modification under the FY 2010-11 AB 2766 Discretionary Fund Work Program. (Reviewed: Mobile Source Air Pollution Reduction Review Committee, December 15, 2011; Recommended for Approval)

    Action Items/No Fiscal Impact

  4. Adopt Resolution Amending Records Retention Schedule (PDF, 250kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    State law authorizes the governing body of a local district to approve a records retention schedule that classifies district records and establishes a standard protocol for the disposition or destruction of records. The Governing Board adopted the District’s Records Retention Policy and Records Retention Schedule in 2005. Pursuant to the Policy, District staff has conducted a periodic review of the current Policy and the Schedule, and is proposing changes to records categories and retention periods in the Records Retention Schedule. (Reviewed: Administrative Committee, December 9, 2011; Recommended for Approval)

    Items 7 through 14 - Information Only/Receive and File

  5. Legislative & Public Affairs Report (PDF, 37kb)
    Abarca (909) 396-3242
    Mail graphic (oabarca@aqmd.gov)
    This report highlights the November 2011 outreach activities of Legislative & Public Affairs, which include Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State and Local Government. (No Committee Review)

  6. Hearing Board Report (PDF, 168kb)
    Camarena (909) 396-2500
    Mail graphic (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of November 1 through November 30, 2011. (No Committee Review)

  7. Civil Filings and Civil Penalties Report (PDF, 66kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    This reports the monthly penalties from November 1 through November 30, 2011, and legal actions filed by the District Prosecutor during November 1 through November 30, 2011. An Index of District Rules is attached with the penalty report. (No Committee Review)

  8. Lead Agency Projects and Environmental Documents Received by AQMD (PDF, 547kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between November 1, 2011 and November 30, 2011, and those projects for which the AQMD is acting as lead agency pursuant to CEQA. (No Committee Review)

  9. Rule and Control Measure Forecast (PDF, 152kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2012. (No committee review)

  10. Report of RFPs and RFQs Scheduled for Release in January (PDF, 31kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    This report summarizes the RFPs and RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of January. (Reviewed: Administrative Committee, December 9, 2011; Recommended for Approval)

  11. Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2011-12 (PDF, 36kb)
    Marlia (909) 396-3148
    Mail graphic (cmarlia@aqmd.gov)
    Information Management is responsible for data systems management services in support of all AQMD operations. This action is to report on major automation contracts and projects to be initiated by Information Management during the last six months of FY 2011-12. (Reviewed: Administrative Committee, December 9, 2011; Recommended for Approval)

  12. Designation of Environmental Justice Areas for Coachella Valley Pursuant to AB 1318
    (Continued from December 2, 2011 Board Meeting)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)

    Staff is recommending that this item be continued to the February 3, 2012 Board Meeting.

    AB 1318 established requirements for mitigation funds from the CPV Sentinel Energy Project power plant, including the requirement that at least 30% of the mitigation funding is distributed in Environmental Justice (EJ) areas within the District. The AB 1318 made reference to EJ areas as designated in AQMD Rule 1309.1, as adopted in August 2007, but repealed in January 2010. While the EJ criteria in Rule 1309.1 were intended for all areas within the District, the map included in the 2007 version of the rule did not include a depiction of the Coachella Valley EJ areas. This item is to approve the Coachella Valley EJ designations and map based on the same Rule 1309.1 criteria referenced in AB 1318, such that the public is provided the relevant information to know what will be considered an EJ area and fully participate in the Board’s public process for funding of mitigation projects. (Reviewed: Stationary Source Committee, November 18, 2011; Recommended for Approval)

  13. Items Deferred from Consent Calendar

    BOARD CALENDAR

    Note: The December meeting of the Legislative Committee was canceled. The Mobile Source and Stationary Source Committees did not meet in December. The next meeting of the Legislative Committee is scheduled for January 13, 2012; and the next meetings of the Mobile Source and Stationary Source Committees are scheduled for January 20, 2012

  14. Administrative Committee (PDF, 209kb)
    Wallerstein (909) 396-3131
    Mail graphic (bwallerstein@aqmd.gov)
    Chair: Burke
    (Receive & File)

  15. Investment Oversight Committee (PDF, 15kb)
    O’Kelly (909) 396-2828
    Mail graphic (mokelly@aqmd.gov)
    Chair: Antonovich
    (Receive & File)

  16. Technology Committee (PDF, 25kb)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    Chair: Gonzales
    (Receive & File)

  17. Mobile Source Air Pollution Reduction Review Committee (PDF, 767kb)
    Hogo (909) 396-3184
    Mail graphic (hhogo@aqmd.gov)
    Board Liaison: Antonovich
    (Receive & File)

  18. California Air Resources Board Monthly Report (PDF, 84kb)
    McDaniel (909) 396-2500
    Mail graphic (smcdaniel@aqmd.gov)
    Board Rep: Loveridge
    (Receive & File)

    Staff Presentation/Board Discussion


  19. Continued Discussion Regarding Role of Electric Utilities in Plug-In Electric Vehicle Readiness Energy Policy item
    (No Written Material)
    Liu (909) 396-2105
    Mail graphic (cliu@aqmd.gov)
    At the November 4, 2011 Board meeting, Board members raised concerns regarding the plug-in electric vehicle (PEV) charging infrastructure readiness and the current rate structure for electric vehicle offered by the utilities. In order to get direct information from the utilities, the Board directed staff to invite representatives from Southern California Edison, Los Angeles Department of Water and Power, and San Diego Gas and Electric to the December 2, 2011 Board meeting to address issues related to PEV charging infrastructure. These three utilities presented information on their PEV rate structures, infrastructure readiness activities, especially in communities with large projected PEV demand and areas with older electricity assets, such as transformers, and their efforts to incentivize infrastructure deployment. The Board requested that the utility representatives return to the January 6, 2012 Board meeting to continue answering questions on PEV rates, readiness activities and incentive programs. (No Committee Review)

  20. Outreach Program for the 2012 Air Quality Management Plan (PDF, 65kb)
    Chang (909) 396-3186
    Mail graphic (echang@aqmd.gov)
    In conjunction with the development of the 2012 Air Quality Management Plan (AQMP), staff has prepared a 2012 AQMP Outreach Program to inform and engage a wide range of stakeholders on the requirements, approach, goals, and impacts of the 2012 AQMP. In addition to on-going AQMP Advisory Group and Scientific, Technical, Modeling & Peer Review Advisory Group meetings, and mandatory regional workshops/hearings, staff is proposing enhanced outreach to all stakeholders in the region. (No Committee Review, Informational Only)

  21. Update on Air Quality-Related Health Studies Released During Year 2011
    Ospital (909) 396-2582)
    Mail graphic (jospital@aqmd.gov)
    Staff will provide a summary of studies that focused on air pollution health effects.

    OTHER BUSINESS
  1. Amend Salary Resolution and District Contracts to Incorporate Changes Required by AB 1344 (PDF 56kb)
    Wiese (909) 396-3460
    Mail graphic (kwiese@aqmd.gov)
    Effective January 1, 2012, AB 1344 requires that employment contracts between local agencies and agency staff and non-contractual provisions must provide for reimbursement to the agency in certain instances when an employee has committed a crime involving abuse of office or position.  AB 1344 also limits cash settlements paid to contract employees if they are terminated.  To comply with the requirements of AB 1344, staff is recommending changes to the language in contracts and the Salary Resolution provisions for executive staff. (No Committee Review)

PUBLIC COMMENT PERIOD – (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)

BOARD MEMBER TRAVEL – (No Written Material)
Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request.

CLOSED SESSION – (No Written Material)
Wiese (909) 396-3460
Mail graphic (kwiese@aqmd.gov)
It is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The actions are:

  • California Communities Against Toxics, et al. v. U.S. EPA, et al., U.S. Court of Appeals, Ninth Circuit, Case No. 11-71127;

  • Pacific Merchant Shipping Association v. Goldstene, U.S. District Court, Eastern, Case No. 09-01151, U.S. Court of Appeals, Ninth Circuit, Case No. 09-17765;

  •  Southern California Gas Company v. SCAQMD, Los Angeles Superior   Court Case No. BS122004;

  • W. M. Barr & Company, Inc. v. SCAQMD, Los Angeles Superior Court   Case No. BS127359;

  • Association of Irritated Residents v. EPA, U.S. Court of Appeals, Ninth Circuit, Case Nos. 09-71383 and 09-71404;

  • Flashberg, et al. v. Dublin, et al., Los Angeles Superior Court Case No. BC463159;  

  • Our Children’s Earth Foundation v. SCAQMD and Barry Wallerstein, Los Angeles Superior Court, Case No. BS133917; and

  • Association of American Railroads, et al. v. South Coast Air Quality Management District, et al, U.S. District Court, Central Case No. CV06-1416 JFW (PLAx).  

It is also necessary for the Board to recess to closed session under Government Code section 54956.9(c) to consider initiation of litigation (two cases).

In addition, it is also necessary for the Board to recess to closed session pursuant to Government Code section 54957.6 to confer regarding upcoming labor negotiations with:

  • designated representatives regarding represented employee salaries and benefits or other mandatory subjects within the scope of representation [Negotiator: William Johnson; Represented Employees: Teamsters Local 911 & SCAQMD Professional Employees Association].

ADJOURNMENT

***PUBLIC COMMENTS***

Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the AQMD's authority. Speakers may be limited to three (3) minutes each.

Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.

Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to cob@aqmd.gov of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.


Energy Policy item These items are related to the implementation of the AQMD Air-Quality Related Energy Policy.

ACRONYMS

AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CPI = Consumer Price Index
CTG = Control Techniques Guideline
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MATES = Multiple Air Toxics Exposure Study
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle