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HomeMy WebLinkAbout1982-01-19; City Council; 6877; Legislative Mattersf 1 AB# 6877 MTG._1,119/82 DEPT._CM __ _ . .wi,,, ,-. CIT'f OF CARLSBAC -AG':ND" BILL D!.l&;LEGISLATIVE MATTERS RECOMMENDED ACTION: DEPT. HD. ___ Qz' CITY ATTY lr" , CITY MGR.~< That Council support or oppose certain bills and authoriz~ the Mayor and City Manager to take appropriate action to communicate the Council's policy position. SB 811 -(Dills) OPPOSE The Board of Superv.isors is asking cities to oppo~e this bill because jt dilutes the ~ewer of APCD to cont~ol ewissions and increases costs to local government for enforcement. AB 540 -(Frazee) SUPPORT This bill appropriates $750,000 to California Boating and Water- way to study Oceanside to Del Mar beach erosion problems. Requires 25% local match which can be met by expenditure for beach access, etc. AB 1152 ·(Kapiloff) OPPOSE Creates a special district of coastal cities to regulate beach erosion. Takes money from Port District in San Diego and Oceanside to fund the district. SB 426 (Boatwright) OPPOSE Mandates binding arbitration tor police and fire. SB 314 (DiJ.l•s) OPPOSE Allows binding arbitration to be placed on local ballot. SB 999 (Calnpbell') OPPOSE Repeals Carlsbad City Ordinance prohibiting sale of fireworks. EXHIBITS @ Letter from County of San Diego dated 12/31/81 and Legislative ~ Analysis. 0:: 0.. 0.. c( z 0 ~ ..J 0 z :::, 0 CJ I PAUL ECKERT Decenber 31, 1981 Honorable Ronald C. Packard Mayor, City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Packard: BOARD MEMBERS Tom Hom,lton f1rst01s1tic.1 Poul W. fordem Second District • SAN DIEGO, CA 92101 • 714-236-2293 RogerHedgec«k third Oisrrict Jim Botos fourth 01,trtct Poul Eckert Fifth01strict Recently the Board of Supervisors asked me to enlist your help in defeating a bill (SB 811) introduced by Senator Dills (copy attached). This bill w:iuld prevent local elected officals from making progress toward clean air, or even maintaining the present air quality. Furtherirore, the bill asserts the industries' right to pollute takes pt·ecedence over the public right to healthy air. It \IOUld al so change current practices to require procedures that l'A)Uld decrease the effectiveness of current programs and increase costs at the same time. To top it off, the b111 proposes to shift alioost all the current and increased program cost to the public sector. This kind of legislation repre- sents a direct interference in local control, and shifting fiscal responsibility to the public sector is in direct contradiction with the spirit of Proposition 13. Presently, the bill is awaiting action by the Asserrbly Q>11111ittee on Energy and Natural Resources. It's likely that the bill will be heard in early January. The County's legislative staff will call your City Manager with the exact hear- ing date. At that time I w:iuld hope your City W>Uld be able to join us in op- posing this measure. Best wishes for the New Year. Sincerely, /2 I) i?/-J- PZ::~airrr:n~ Board of Supervisors cc: City Managers Attachment SENATE BILL No. 811 Introduced by Senator Dills March 20, 1981 An act to amend Sections 41512 and 42300 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL:S DIGESr SB 811, as introduced, Dills. Air pollution: testing: permits. (1) Existing law requires the State Air Resources Board, not later than April 1, 1981, to establish procedures under which an operator may request testing by an independent testing service for compliance with permit conditions or with any state c,r local law, order, rule, or regulation required by the state board. The state board is authorized to reject, for good cause, a request for independent testing. , This bill would require the state board or a local agency, . when sampling or testing for compliance with permit conditions or any state or local law, order, rule, or regulation, to provide sufficient advance notice to the owner or operator so he or his designee may be present during the sampling or testing. In sampling or testing involving petroleum products where the product manufacturer or reLncr may be held liable for a violation, sufficient advance notice would have to be given to the product munufacturer or refiner. The bill would require the testing or sampling agency to provide duplicate samples to an owner or operator or product manufacturer Gr refiner at the request and expense of the persons. (2) Existing law authorizes an air pollution control or air quality management district board to establish a permit system that requires a person to obtain a permit before the person builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance which may cause the issuance of air contaminants. This bill would instead authorize establishment of a permit SB 811 -2- system that requires a perscn to obtain a permit before the person constructs, erects, alters, operates, or uses any article, machine, equipment, or other contrivance which will cause a net increase in the issuance of air contaminants that will prevent or interfere with the attainment or maintenance of state or federal air quality standards. (3) Article XIII B of the California Constitution and I" Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other -a:.. provisions require the Department of Finance to review t ···"statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. However, this bill would provide that no appropriation is made and no reimbursement is required by this act for a specified reason. Vota: majority. Appropriation: no. Fiscal committee: yes. -3- ';,- SB 811 1 for the issuance, of any permit. Any sael¼ revocation or 2 suspension shall be in accordance with the procedures set 3 forth in Sections 42304 to 42309, inclusive. 4 (b) Nothing contained in this part shall be construed 5 to include or restrict the use of construction equipment 6 such as portable sandblasting equipment or portable 7 spraying or spray painting equipment, or any similar 8 equipment, used on a temporary basis in connection with 9 new construction, or on maintenance or repairs of 10 existing structures, machinery, or equipmentt pt·e¥-idcd, 11 !rttffl if the equipment is operated in accordance with the 12 requirements of this division and applicable district and 13 state board rules and regulations. State-mandated local program: yes. The people of the State of California do enact as follows: 14 (c) Where testing to demonstrate compliance with 15 permit conditions or with any state or local law, order, 16 rule, or regulation relating to air pollution is required by 17 the state board, the state board, not later than April l, 18 1981, shall estabiish procedures under which the operator 19 may request that sael¼ the testing be performed by an " 20 independent testing service. The state board may, for 21 good cause, reject sael¼ a request. . l SECTION I. Section 41512 of the Health and Safety 2 Code is amended to read: r- 3 41512. (a) The state board or a district board may 4 adopt, by regulation, after a public hearing, a schedule of 5 fees not exceeding the estimated cost of planning, 6 preliminary evaluation, sampling, sample analysis, 7 calculations, and report preparation with respect to 8 samples of emissions secured from air pollution emission 9 sources. However, Stteh the fees may be imposed or 10 assessed only when !lt!el} the samples are required to 11 determine compliance with permit conditions or with (' 12 any ~tate or local law, order, rule, or regulation relating 13 to air pollution. 8tteh The fees shall not include charges 14 for the reasonable time exclusively spent by the owner or 15 operator of the source constructing testing facilities or 16 preparing for such testing. The failure to pay any Stteh fee 17 in a timely manner shall constitute grounds for the 18 revocation or suspension, and may be made a condition r-, 22 (d) Where sampling or testing, or both, to 23 demonstrate compliance with permit conditions or with 24 any state or local law, order, rule, or regulab·on relating ~ to air pollution is conducted by either the state board or 26 a local agency, sufficient advance notice shall be provided 27 to the owner or operator so that he or his designee may 28 be present during the sampling or testing, or both. 29 (e) Where the st1mpling or testing, or both, involves ~o TJPfrnlP•1m nrnrl11r,l-t, r;'\.. .,,,,,..,.1, .,.,,,,. <-,-~..1 .. ~,.•-·-._-~-..,-~,,.r.,.,.~ i:--•w---•.J ,....,,,. •••••to.••""""''-'" .J:i•VU'-4'-''J 31 manufacturer or refiner may be held liable for any 32 violation, sufficient notice shall be given to the product 33 manufacturer or refiner so that he or his designee may be 34 present during the sampling or testing, or both. ' 35 (f) The testing or sampling agency shall provide, at 36 the request of [l]ld expense of an owner or operator or 31 product manufbcturer or refiner, or his designee, 38 subst:mti'ally identical duplicate samples. 39 SEC. 2. Section 42300 of the Health and Safety Code 40 is amended to read: 0 i j 1 I ·1 SB 811 -4- 1 42300. Every district board may establish, by t""'i 2 regulation, a permit system that requires, except as 3 otherwise provided in Section 42310, that before any 4 person btttl4, constructs, erects, alters, r-ef?lt~ operates, 5 or uses any article, m"chine, equipment, or other 6 contrivance or combination tl1ereof which may whe11 1 constructed, erected, ultered, operated, or used will ~ 8 cause t-he a 11et increase in the issuance of air 9 contaminants tliat will prevent or interfere with the 10 attainment or maintenance of state or federal ,u"r quality 11 sfand;1rds, stteh the person obtain a permit to do so from 12 the air pollution control officer of the district. 13 The regulations may provide that a permit shall be 14 valid only for a specified period. However, a permit shall 15 be renewable upon payment of the fees required 16 pursuant to Section 42311, except where action to 17 suspend or revoke the permit has been initiated pursuant 18 to Section 42304, 42307, or 42390, and 5t¼eft the action has 19 resulted in a final determination to suspend or revoke the 20 permit by the air pollution control officer or the hearing t""\ 2i board by whom, or before whom, Stteh the action has 22 been initiated and all appeals, or time for appeals, from 23 5t¼eft the final determination has been exhausted. 24 SEC. 3. No appropriation is made and no 25 reimbursement is required by this act pursuant to Section ~ 26 6 of Article XIII B of the California Constitution or 27 Section 2231 or 2234 of the Revenue and Taxation Code 28 because the local agency or school district has the 29 authority to levy service charges, fees, or assessments 30 sufficient to pay for the program or level of service 31 mandated-by this act. r., 0 - ' ,\ . . '• \ :·.~-,.'~:-· ~,~, ,. ...;, t, I BILL NUMBER: AUTllOR: PRES ENT LAW: PROPOSED LAW: COUNTY OF SAN DIEGO LEGISLATIVE ANALYSIS SB 811 (as introduced) -Air Pollution: Testing: Permits I Senator Di 11 s The State Air Resources Board as well as all Air Pollution Control Districts and Air Quality Management Districts is authorized to establish, by regulation, a permit system that requires any air pollution emission source to obtain a permit before the source or operation is built, erected, altered, replaced, operated, or used. Thes.e agencies are also authorized to take samples and per- form tests or require the owner or opeNtor of ;rny air pol- lution emission source to take samples and perform tests as required to make a determination of the amount of emissions emanating from the source. SB 811 would remove._ authortty -of local and'-state air pol1ution contrp1 _a·gencies · to, require a pe.rmft ·to construct, alter or operate any machine or equipment which may cause emissions, unless. these emfasions· cause a net incr'ease in prevtous-ly- emitted air contaminants and the ne.t increase is shown to prevent or interfere with the attainment of state or federal air quality standards. The bill would also require that, when sampling or testing for compliance with. permit conditions or any state law, rule or regulation, local regulatory agencies provide sufficient advance notice to the owner or operator so that he or his designee may be present during the sampling or testing. When sampling or testing involves petroleum products ~here the product manufacturer or refiner may be held liable for a violation, sufficient advttnce notice is required to be given to the product manufacturer or refiner. Furthennore. the bill requires th&t the testing or sampli!lg agency provide duplicate samples to an owner, operator, or product manufac- turer or refiner, at the request and expense of those persons. RECOMMENDATION: Oppose (APCD) DISCUSSION: The bill is intended to prevent local elected officials re~ sponsible for protecting public health from making further progress toward clean air> or even maintaining the present quality of the air. From the public perspective, this bill asserts that ittdustry's_ right tO'-j'loHute takes precedence QVer .the public's right to healthy air'. Thts is done by: 1) Preventing air pollution control laws from addressing sources of pollution (e.g., service stations) and only addressing each source, {e.g.~ a service station) and then exempting each source of pollution from pollutiqn control regulation unless extremely difficult ( if not impossible) criteria are met; and, 2) Providing substantial immunity to current (and future) sources of pollution from enforcement action. The bi 11 proposes to exem t ever . i ndi vi dua 1 source of o 1- 1 ut ion from requiring .a permit unless: a each soutce in- creases its current pollution (ex12ting pollution levels can- not be addressed), and b) the increased emissions will actu- ally prevent or interfere with. th_e attainment or maintenance of state or federal air quality standards. The major impacts of this proposal are enumerated below. 1) 2) The cost of atr pollution control will substantially in- crease, and most of the increase wil I be borne by public funds. Sources of pollution can be expected to construct without applying ·for a permit., The District will be faced with a) discovering the jource; b) testing, inspecting, and evaluating; and, c) determining if a source needs a permit or not. All this will have to be done at the tax- payer's expense because revenue recovery is t~rough the permit sys tern. Furthermore, the who 1 e process wil 1 be subjected to protracted litigation because of the sub- jective criteria imposed. Costs will increase as a re- sult. The cost to industry for air pollution control equipment will likely increase. The potential is greatest for small business. The present permit system is designed to minimize the cost of air pollution control e~uipment by identifying applicable regulation~ and the ap~ropriate control equipment prior to construction. Since all sources will be basically exempt from the permit system, sources will be constructed without the benefit of an evaluation. Once caught, there is a good potential for the necessity to retrofit control equipment at higher cos.t. 3) New industrial development will be at a distinct dis- advantage. For existing sources of pollution, only the net increase (usually comparatively small) can be con- sidered. As previously discussed, it will be extremely difficult and resource intensive to make a case for the criteria required. In the case of new sources, all emission~ will be considered; thus. it will be compara- tively easier. \ i ... ... FIS.CAL IMPACTi CK/11-28-.81 -3-- 4) Except in extreme cases, there is no way of proving that any single source of pollution will prevent the attain- ment of an ambient air quality standard. Similarly, · there is no way of proving that a single source of pol-. lution will interfere with the attainment or maintenance of an ambient air quality standard. As a result,.fur- ther progress toward protecting the public health wffl · · be substantially mitigated if not pr~ventP.d. In any case, progress will be a direct function of successful l it i ga ti on . Substantial immunity to current and future sources. of pollution is provided by prohibiting regulatory agencies from conducting source tests without substantial notice. Generally, an emission source test is required to determine compliance with rules establishing emission limitations or control efficiencies. Under existing law, a source of pollution operating in noncon.pliance with air pol- lution control law does so at its own peril, The proposed requirement for substantial notification prior to a source test wilJ assure that sources of pollution will routinely operat,? without regard to air pollution law a11d do so knowing full we.11 that the violation will almost never be detected. It is important to note that these observations. enumerated above are nQt merely assertions but are supported by data. In San Diego the percentage ratio of violations to scheduled source tests is 3 percent, while the same ratio for unsche- duled source tests is 43 percent. Clearly, unscheduled source tests are an important and effec~ive enforcement tool. This bill would result in a significant, but undetermined, increase in net county cost. Assembl~ Committee on Energy and Natural Resources. rm: E ,J..:m OF SUPERVISORS OF THE COUNTY OF SA?l DIEGO '10'.>I:::> TO l)'PPosn .5..6-~ ON ~ -~ -~ , 7 ASS,l::l\lBLY CO~l:--!llTEE ON-!;,NERGY AND NATURAL HESQJ .. !HCES T11r1~1As M. HA:--;NJGAN, L,,AlHMAN January 13, 1982 30519.1. (a) This section shall apply only to those parcels and areas within the City of Carlsbad for which a local coastal program has been prepared and certified by the Commission pursuant to Section 30170(f) or Section 30171. (bl Any provisions of any such local coastal program with respect to housing shall have no force or effect after January l, 1982. After that date, housing requirements for. su~h parcels and areas shall be determined pursuant to Section 65590 of the Government Code. ·•=·-=-.:,-:::., (c) Until such· time as, (il the City-of Carlsbad fidopts or enacts the implementing actions cont~ined in any such local coastal program, or (ii) other statutory·provisions provide alternately for the adoption, certification and implementation of a local coastal program for such parcels and areas, coastal develop- ment permits for such parcels and areas shall .be issued by the Commission as provided in this subdivision. Notwithstanding any other provision of this division, the Commission shall issue a coastal development permit if it finds that a proposed development is in conformity with the certified local cc-astal program, exclusive of any provisions with respect to housing which have been r!=!ndered inoperative pursuant to subdivision (bl. · ~ San Diego Association of Governm~ BOARD OF DIRECTORS DATE: 1/18/82 LEGISJ:ATIVE GPDATE -AB 1152 (KAPILOFF) SAN DIEOO COtJNTY ~ RESCXJRCE MAINI'ENANCE DISTRICT I. ProvISI~ OF AB 1152. AGENDA REPORT No.: h AB 1152 (as ameooed April 20, 1981) would create the San Diego Co1.mty Coastal Resources Maintenance District with the following boundaries, organization, powers and duties: Boundaries: '!he District would incl\Xie those lands within San Diego County which extend inland fran the mean high tide lfoe to the nearest public road, street, or highway, and would extend seawara to the State's outer limit of jurisdiction. Board of Directors: ~rship '!he Boa.."'tl of Directors of the District would consist of the following ten narbers: Cne City Council person, appointed by the City Council, fran each of t.l;e following eight cities lying in whole or in pare within the District: Carlsbad Coronado Chula Vista ~l :-0.ar Imperial Beach Oceanside National City San Diego cne rnerri:ler of the san Diego County Board of Supervisors, appointed by the Board. cne irerooer of the Board of Carmissioners of the San Diego unified Port District, appointed by the Board. R:iwers and D.lties: 1. '!he District would be empowered to carry out the following purposes: A. 'l'o rr.aintain public beaches and coastal resources; B. To prevent erosion and restore public property which has been eroded; C. To prevent pollution fran any source and restore property which has been damaged by pollution £rem any source: D. 'Io provide for public safety. 2. The District would be authorized to enforce any ordinances, rules, or regulations of any city within the District, the Coimty of San Diego, or the San Diego Unified R:>rt District. 3. The District would be authorized to provide or contract for t.l-te provision of co:nprehensive police, fire, health and safety services. Annual Assessment: AB 1152 '\\OOJ.d specify that each of the ten entities within the jurisdiction of the proposed District ~d be assessed a proportionate amount of revenue to pay the expenses of the Distr).ct. '.the assessnents would be based oo each entity's pro):X)rtionate share of the total amount of revenues re.:eived by all entities fran the management of tide and sul:mei::ged lands. However, according to the State Lands Carmission, of the ten ~tities, only the following four currently have grants of tide anrl sul:rner-~ecl lands: San Diego Unified Port District City of Imperial Beach City of Oceanside City of San Diego '!'he remaining six entities {the County of San Diego and the Cities of Carlsbad, Coronado, Chula Vista, National City, and Dal Mar) either have no grants, or their grants have been revoked or transferred to the Port District. 'lbus, under AB 1152 as currently drafted, these entities would not be requh-ed to contribute to the support of the District. '.the San Diego Unified Port District receives the greatest proportion of revenues fran the management of its granted lands, while the other three entities receive only a minimal am:>unt of revenue$. Arrenclments to be Inclll:led: AB 1152 passed the Assenbly Local <::overnment Corrrnitt~ on a 5-3 vote earlier this rronth. At that time, Asserrblyrnan Kapiloff agr~d to two major amendments to the bill. First, he agreed to provide a different formula for voting oontrol of the District because as the bill currently provides, those agencies who would provide trOSt of the revenue would have .less than a majority vote collectively. Second, r:e :iqreed to provide that the new District ~uld be created only if ~pp;:c'l;'a-:1 :;;y ::.a.'1 ::-i..;go CJunty voters in the next general election. II. SHORELINE ERCSICN CCM-!l'lTEE REC~TION. In Noverrber of 1980, the SANDAG Shoreline Erosion Catmittee presented a report to the Board on alternative arrangements for coastal rranagernent functions which discussed in detail a new district as one of the alternatives, along with the alternative of using existing agencies and establishing a new joint powers agency. 2 ,,,......_ After cx::mrents were received on the report fran nearly every coastal C'Ollm'unity and fran several state agencies, the COnrni.ttee recamended to the Board in Februar.{ of 1981 that ~ act as the agency to facilitate coordination of local shoreline erosion. control activities &nd seek and sponsor a federally funded study of regional shoreline erosion problems. The Board approved this recxmrerx'lation. Based on 1.ltls previous action and on the progress achievei on the slx>reline erosiai stu:!y, it is staff't mtention to reiterate the P.oard's position to Assetbl:ymm Kapiloff and keep the Board mfomm of any further action on the bill by the Legislature. 3