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PUBLIC MEETING AGENDA
October 22, 2015
(Diamond Bar, CA)

Webcast


LOCATION:
Air Resources Board
Byron Sher Auditorium, 2nd Floor
1001 I Street
Sacramento, California 95812

This facility is accessible by public transit. For transit information, call: (916) 321-BUSS website:
http://www.sacrt.com/
(This facility is accessible to persons with disabilities.)

TO SUBMIT WRITTEN COMMENTS ON AN AGENDA ITEM IN ADVANCE OF THE MEETING GO TO: http://www.arb.ca.gov/lispub/comm/bclist.php

 

Thursday
October 22, 2015
9:00 a.m.
CONSENT CALENDAR:
The item on the consent calendar will be presented to the Board immediately after the start of this second day 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.
Consent Item #


15-8-1:

 Public Meeting to Consider the Greenhouse Gas Quantification Determination for the Shasta Regional Transportation Agency's Regional Transportation Plan/Sustainable Communities Strategy

The Board will consider accepting the Shasta Regional Transportation Agency's determination that its 2015 Regional Transportation Plan/Sustainable Communities Strategy, if implemented, would achieve the region's per capita greenhouse gas emissions reduction targets for 2020 and 2035 set by the Air Resources Board.

More Information          Proposed Resolution

 Motion and Vote

15-8-2:

 Public Meeting to Consider the Greenhouse Gas Quantification Determination for the Tulare County Association of Governments' Regional Transportation Plan/Sustainable Communities Strategy

The Board will consider accepting the Tulare County Association of Governments' determination that its 2014 Regional Transportation Plan/Sustainable Communities Strategy, if implemented, would achieve the region's per capita greenhouse gas emissions reduction targets for 2020 and 2035 set by the Air Resources Board.

More Information          Proposed Resolution

 Motion and Vote

15-8-3:

 Public Meeting to Consider the Greenhouse Gas Quantification Determination for the Kings County Association of Governments' Regional Transportation Plan/ Sustainable Communities Strategy.

The Board will consider accepting the Kings County Association of Governments' determination that its 2014 Regional Transportation Plan/Sustainable Communities Strategy, if implemented, would achieve the region's per capita greenhouse gas emissions reduction targets for 2020 and 2035 set by the Air Resources Board.

More Information          Proposed Resolution

 Motion and Vote

15-8-4:

 Public Meeting to Consider the Greenhouse Gas Quantification Determination for the Kings County Association of Governments' Regional Transportation Plan/ Sustainable Communities Strategy.

The Board will consider accepting the Kings County Association of Governments' determination that its 2014 Regional Transportation Plan/Sustainable Communities Strategy, if implemented, would achieve the region's per capita greenhouse gas emissions reduction targets for 2020 and 2035 set by the Air Resources Board.

More Information          Proposed Resolution

 Motion and Vote

DISCUSSION ITEMS:
Note: The following agenda items may be heard in a different order at the Board meeting.
Agenda Item #  
15-8-5:  Public Meeting to Consider a Modification to the Fiscal Year 2015-16 Funding Plan for Low Carbon Transportation Investments and the Air Quality Improvement Program

The Board will consider approving an update to the Fiscal Year 2015-16 Funding Plan for Low Carbon Transportation Investments and the Air Quality Improvement Program, originally approved by the Board in June 2015 pending appropriation of funds in the 2015-16 State Budget. The Board-approved plan was predicated on a $350 million Low Carbon Transportation appropriation. In September 2015, the Legislature approved a partial appropriation of $90 million. Staff proposes to allocate the $90 million toward three ongoing projects and delaying implementation of the remaining projects in the Funding Plan until additional funding is appropriated.

More Information          Staff Presentation

 Motion and Vote
15-8-6: Informational Presentation of the Discussion Draft of the Mobile Source Strategy

Staff will present to the Board the mobile source strategy and measure concepts described in the “Mobile Source Strategy Discussion Draft.” The presentation will discuss how the comprehensive strategy outlines many of the mobile source actions needed to meet air quality standards, greenhouse gas and petroleum reduction targets, as well as sustainable freight planning. Based on Board direction provided in response to the presentation, staff will work with the air districts to further develop the measure concepts into control measures for subsequent consideration by each air district for inclusion in their State Implementation Plan submittals that are due in 2016 for meeting federal air quality standards.

More Information          Staff Presentation

15-8-7: Update to the Board on the Advanced Clean Cars Program Mid-Term Review

Staff will present to the Board an update on on-going work related to the Advanced Clean Cars mid-term review, including updates on work with Federal agencies, current Zero Emission Vehicle sales, and research contracts related to consumers.

More Information          Staff Presentation
15-8-8: Update to the Board on Zero Emission Vehicle Market Enabling Actions

Staff, along with invited experts, will update the Board on efforts to enable zero emission vehicle markets. The update will cover fueling infrastructure, fleet purchases, multi-state and national partnerships, and other relevant topics.

More Information          Staff Presentation
15-8-9: Update to the Board on Advanced Clean Cars Particulate Matter Measurement Feasibility

Staff will present to the Board an assessment of the feasibility of measuring Particulate Matter (PM) emissions, at and below 1 mg/mi. This informational item is in response to industry concerns about low-level PM emissions measurement. The staff presentation will include the progress made, in cooperation with various stakeholders, in gravimetric PM emission determination at and below 1 mg/mi. In addition to presenting these findings, staff will also provide an evaluation of other approaches to PM emission measurement.

More Information          Staff Presentation
CLOSED SESSION

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 these pending or potential litigation, and as authorized by Government Code section 11126(a):

American Fuels and Petrochemical Manufacturers, et al. v. Jane O’Keeffe, et al., U.S. District Court (D. Ore. Portland), Case No. 3:15-CV-00467.

Sarah Farley v. California Air Resources Board, Superior Court of California (Sacramento County), Case No. 34-2015-80002044.

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. [remanded to trial court].

Rocky Mountain Farmers Union, et al. v. Corey, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09−CV−02234−LJO−DLB; ARB interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 09-CV-02234 [remanded to trial court].

American Fuels and Petrochemical Manufacturers, et al. v. Corey, et al., U.S. District Court (E.D. Cal. Fresno), Case No. 1:10-CV-00163-AWI-GSA; ARB’s interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 10-CV-00163 [remanded to trial court].

California Dump Truck Owners Association v. Nichols, 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; ARB’s successful appeal, California Court of Appeal, Third District, Case No. C071891 [remanded to the trial court].

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.

California Chamber of Commerce et al. v. California Air Resources Board, Sacramento Superior Court, Case No. 34-2012-80001313; plaintiffs’ appeal, California Court of Appeal, Third District, Case No. C075930.

Morning Star Packing Company, et al. v. California Air Resources Board, et al., Sacramento Superior Court, Case No. 34-2013-800001464; plaintiffs’ appeal, California Court of Appeal, Third District, Case No. C075954.

Delta Construction Company, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 11-1428.

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, District 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, (E.D. Cal. Fresno) Case No. 1:13-CV-01998-LJO-SAB (transferred by court to E.D.Cal. Sacramento, Case No. 2:14-CV-00186-MCE-AC).

Jack Cody dba Cody Transport v. California Air Resources Board, et al. (Sacramento Superior Court, Case No. 34-2015-80002116.

CO-AL Transport v. California Environmental Protection Agency et al., (United States Court of Appeals, Ninth Circuit, Case No. 15-70839).

John R. Lawson Rock & Oil, Inc. et al. v. California Air Resources Board et al., Fresno County Superior Court, Case No. 14-CECG01494.

Transportation Solutions Defense and Education Fund v. California Air Resources Board, Fresno County Superior Court, Case No. 14CECG01788 (plaintiff’s transfer to Sacramento Superior).

California Air Resources Board v. BP West Coast Products LLC, Contra Costa County Superior Court, Case No. C12-00567.

Sacramento Metropolitan Air Quality Management District v. Hardesty Sand & Gravel, et al. (Sacramento County Superior Court, Case No. 34-2011-00101272).

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:

http://www.arb.ca.gov/lispub/comm/bclist.php
(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.
 
Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los 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