CONSENT CALENDAR: The following items on the consent calendar will be presented to the Board immediately after the start of the public meeting, unless removed from the consent calendar either upon a Board member's request or if someone in the audience wishes to speak on it. Attached are the Proposed Resolutions the Board will consider for consent items listed below.
Consent Item #
Public Meeting to Consider Two Research Proposals Staff will seek Board approval of research proposals that were developed based on the Board-approved Fiscal Year 2014-2015 Annual Research Plan
"Characterization of PM2.5 Episodes in the San Joaquin Valley Based on Data Collected During the NASA DISCOVER-AQ Study in the Winter of 2013," University of California, Davis, Proposal No. 2778-280
Public Meeting to Consider Approval of the Town of Mammoth Lakes PM10 Maintenance Plan and Redesignation Request
Staff recommends that the Board approve the proposed PM10 Maintenance Plan and Redesignation Request for the Town of Mammoth Lakes developed by the Great Basin Unified Air Pollution Control District. If approved, the Plan and Request will be submitted to the United States Environmental Protection Agency as a revision to the California State Implementation Plan.
Note: The following agenda items may be heard in a different order at the Board meeting.
Agenda Item #
Public Meeting to Consider the Interim Guidance for Investment of Cap and Trade Auction Proceeds (Greenhouse Gas Reduction Fund)
Staff will present for the Board's consideration the Interim Guidance concepts for agencies administering Greenhouse Gas Reduction Fund (GGRF) monies. State law provides direction to State agencies receiving appropriations of GGRF monies, including requirements for the Air Resources Board to develop funding guidelines to ensure statutory requirements are met. This Interim Guidance will focus on development of expenditure records and meeting Senate Bill 535 requirements to maximize the benefits of investments to disadvantaged communities. Full funding guidelines will be developed over the next year.
Public Hearing to Consider Amendments to the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms
Staff will present to the Board for consideration updates to the Cap-and-Trade Regulation’s allocation requirements, corporate association disclosure requirements, and existing compliance offset protocols, including updates to the Ozone Depleting Substances and Livestock offset protocols as well as a change to the quantification methodology to the United States Forest protocol.
Public Hearing to Consider Amendments to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions
Staff will present to the Board proposed amendments to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions needed to support California's Cap-and-Trade Regulation, the Cost of Implementation Fee Regulation, and the State's other climate and greenhouse gas programs.
Public Hearing to Consider Amendments to the Cost of Implementation Fee Regulation Staff will present to the Board proposed amendments to the existing Assembly Bill 32 Cost of Implementation Fee Regulation that revise definitions and provisions to conform with the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions. Modifications are also proposed to clarify requirements and/or regulatory language. Motion/Vote More InformationStaff Presentation
The Board will hold a closed session, as authorized by Government Code section 11126(e), to confer with, and receive advice from, its legal counsel regarding the following pending or potential litigation, and as authorized by Government Code section 11126(a): POET, LLC, et al. v. Corey, et al., Superior Court of California (Fresno County), Case No. 09CECG04850; plaintiffs’ appeal, California Court of Appeal, Fifth District, Case No. F064045; California Supreme Court, Case No. S213394.
Rocky Mountain Farmers Union, et al. v. Corey, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09−CV−02234−LJO−DLB; interlocutory appeal, U.S. Court of Appeal, Ninth Circuit Nos. 09-CV-02234 and 10-CV-00163.
American Fuels and Petrochemical Manufacturing Associations, et al. v. Corey, et al., U.S. District Court (E.D. Cal. Fresno) Case No. 1:10-CV-00163-AWI-GSA; interlocutory appeal, U.S. Court of Appeal, Ninth Circuit Nos. 09-CV-02234 and 10-CV-00163
California Dump Truck Owners Association v. California Air Resources Board, U.S. District Court (E.D. Cal. Sacramento) Case No. 2:11-CV-00384-MCE-GGH; plaintiffs’ appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175
Engine Manufacturers Association v. California Air Resources Board, Sacramento Superior Court, Case No. 34-2010-00082774; defendant’s appeal, California Court of Appeal, Third District, Case No. C071891.
Truck and Engine Manufacturers Association v. California Air Resources Board, Sacramento Superior Court, Case No. 34-2013-00150733
Alliance of Automobile Manufacturers v. California Air Resources Board; Sacramento Superior Court, Case No. 34-2013-00152974
Citizens Climate Lobby and Our Children’s Earth Foundation v. California Air Resources Board, San Francisco Superior Court, Case No. CGC-12-519554, plaintiffs’ appeal, California Court of Appeal, First District, No. A138830.
California Chamber of Commerce et al. v. California Air Resources Board, Sacramento Superior Court, Case 34-2012-80001313.
Morning Star Packing Company, et al. v. California Air Resources Board, et al., Sacramento Superior Court, Case No. 34-2013-800001464.
Delta Construction Company, et al., v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 11-1428.
City of Los Angeles through Department of Water and Power v. California Air Resources Board, et al., Los Angeles Superior Court, Case No. BS140620 (transferred to Sacramento Superior Court, Case No. 34-2013-80001451-CU-WM-GDS).
Alliance for California Business v. Nichols et al., Glenn County Superior Court, Case No. 13CV01232.
Dalton Trucking, Inc. v. United States Environmental Protection Agency, U.S. Court of Appeals, Direct of Columbia Circuit, Case No. 13-1283.
Owner-Operator Independent Drivers Association Inc. et al. v. Richard W. Corey et al., U.S. District Court, Case No. 1:13-CV-01998-LJO-SAB (Dec. 6, 2013)
John R. Lawson Rock & Oil, Inc. et al. v. California Air Resources Board et al., Fresno Superior Court, Case No. 14-CECG01494
Transportation Solutions Defense and Education Fund v. California Air Resources Board, Fresno County Superior Court, Case No. 14CECG01788
OPPORTUNITY FOR MEMBERS OF THE BOARD TO COMMENT ON MATTERS OF INTEREST
Board members may identify matters they would like to have noticed for consideration at future meetings and comment on topics of interest; no formal action on these topics will be taken without further notice.
OPEN SESSION TO PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THE BOARD ON SUBJECT MATTERS WITHIN THE JURISDICTION OF THE BOARD Although no formal Board action may be taken, the Board is allowing an opportunity to interested members of the public to address the Board on items of interest that are within the Board’s jurisdiction, but that do not specifically appear on the agenda. Each person will be allowed a maximum of three minutes to ensure that everyone has a chance to speak.
TO ELECTRONICALLY SUBMIT WRITTEN COMMENTS ON AN AGENDA ITEM IN ADVANCE OF THE MEETING SUBMIT TO:
(Note: not all agenda items are available for electronic submittals of written comments.)
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CLERK OF THE BOARD 1001 I Street, 23rd Floor, Sacramento, CA 95814 (916) 322-5594 ARB Homepage:http://www.arb.ca.gov
SPECIAL ACCOMMODATION REQUEST
Special accommodation or language needs can be provided for any of the following:
• An interpreter to be available at the hearing; • Documents made available in an alternate format or another language; • A disability-related reasonable accommodation.
To request these special accommodations or language needs, please contact the Clerk of the Board at (916) 322-5594 or by facsimile at (916) 322-3928 as soon as possible, but no later than 7 business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.
Comodidad especial o necesidad de otro idioma puede ser proveido para alguna de las siguientes:
• Un intérprete que esté disponible en la audiencia • Documentos disponibles en un formato alterno u otro idioma. • Una acomodación razonable relacionados con una incapacidad.
Para solicita estas comodidades especiales o necesidades de otro idioma, por favor llame a la oficina del Consejo al (916) 322-5594 o envie un fax a (916) 322-3928 lo mas pronto posible, pero no menos de 7 dias de trabajo antes del dia programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmision de Mensajes de California.
SMOKING IS NOT PERMITTED AT MEETINGS OF THE CALIFORNIA AIR RESOURCES BOARD