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January 23, 2020 Board Meeting Agenda

January 23, 2020, Board Meeting
 California Environmental Protection Agency
1001 I Street, Sacramento, California 95814
Byron Sher Auditorium, 2nd Floor

This meeting will also be webcast. .

Submit written comments
Not all agenda items are available for electronic submittals of written comments.

 Thursday, January 23, 2020 @ 9:00 a.m.

  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 them.

The following agenda items may be heard in a different order at the Board meeting.

  20-2-1: Public Meeting to Consider Proposed Contract with the University of California, Berkeley, Titled "Air Pollution Measurements, Exposure Assessment, and Evaluation of the Sources of Particulate Matter in Fresno, California"

The California Air Resources Board (CARB or Board) will consider approving this research proposal that was developed in response to the Board-approved research projects in fiscal year 2019-2020. This item is listed on the consent agenda to comply with Board approval requirements in Government Code section 1091 because one Board member is affiliated with the contractor, the University of California at Berkeley.
 
Motion and Vote
 
  20-2-2: Public Meeting to Consider Proposed Contract with the University of California, Davis, Titled "Barriers to Reducing to Carbon Footprint of Transportation Network Companies: A Survey of Drivers and Riders"
 The Board will consider approving a contract that will inform the development of the Clean Miles Standard regulation per Senate Bill 1014 (Skinner, Ch. 369, Stat. 2018) and related programs. This project is proposed to survey drivers and riders of transportation network companies in order to identify the barriers to pooling, vehicle electrification, reducing deadheading, and complementing active transportation and public transit in California. This item is listed on the consent agenda to comply with Board approval requirements in Government Code section 1091 because two Board members are affiliated with the contractor, the University of California at Davis.
 
Motion and Vote
 
  20-2-3: Public Meeting to Consider Compliance Offsets Protocol Task Force Members and Chair
 
The Board will consider approval of members and a chair to the Compliance Offsets Protocol Task Force (Task Force). Assembly Bill 398 (Garcia, Ch. 135, Stat. 2017) established the Task Force to provide guidance to the Board in approving new offset protocols with direct environmental benefits to the state.
Motion and Vote
 
 Discussion Items

The following agenda items may be heard in a different order at the Board meeting.
  20-2-4: Report to the Board on the California Air Resources Board Program Priorities for 2020
 Executive Officer Richard Corey will provide the Board with an overview of California Air Resources Board priorities for 2020.
 Staff Presentation 
  20-2-6: Public Meeting to Consider Policy Recommendations to Increase the Use of Zero-Emissions Vehicles Per Senate Bill 498
 
The Board will hear a summary of staff policy recommendations to increase zero-emission vehicle (ZEV) uptake developed in response to Senate Bill (SB) 498 (Skinner, Ch. 628, Stat. 2017). SB 498 tasked CARB with reporting on its programs that affect the adoption of light-, medium-, and heavy-duty ZEVs, including reviewing the program goals and status in meeting those goals, conducting a cost-benefit analysis, comparing CARB’s ZEV programs with ZEV programs in other states and countries, identifying policy recommendations for increasing the adoption of ZEVs in the state, and identifying actions fleets can take to increase the number of ZEVs in their fleet. The Board will consider public comments on the policy recommendation before submitting the report to the Legislature, as required.
Motion and Vote
 More InformationStaff Presentation
  20-2-7: Public Meeting to Hear an Informational Update on the Clean Miles Standard
 
Senate Bill (SB) 1014 (Skinner, Ch. 369, Stat. 2018), the California Clean Miles Standard and Incentive Program, requires the Board to determine a 2018 base-year emissions inventory for vehicles participating in a transportation network company (TNC) service and establish, by January 1, 2021, annual targets and goals for the TNCs that would start in 2023, including a per-passenger mile emissions target and a zero-emission vehicle goal. The staff presentation will include an overview of the program considerations, regulatory process, as well as the 2018 base-year emissions and vehicle inventory.
Motion and Vote
 More InformationStaff Presentation
   
 Closed Session
The Board may 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:
 


Alliance for California Business v. California State Transportation Agency, et al., Sacramento County Superior Court, Case No. 34-2016-80002491.

American Coatings Association, Inc. v. State of California and California Air Resources Board
, Sacramento County Superior Court, Case No. 04CS01707.

California Air Resources Board v. Key Disposal, Inc. and John Katangian, Los Angeles Superior Court, Case No. BC650014.

California Air Resources Board v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1085.

California Air Resources Board v. United States Environmental Protection Agency and National Highway Traffic and Safety Administration, United States District Court, District of Columbia Case No. 1:19-cv-00965-CKK.

Dalton Trucking, Inc. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 13-1283 (dismissed), U.S. Court of Appeals, Ninth Circuit, Case No. 13-74019.

Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., San Luis Obispo County Superior Court, Case No. 17CV-0576; U.S. District Court for the Central District of California, Case No. 2:17-cv-8733.

In re Pacific Gas and Electric Company, U.S. Bankruptcy Court, Northern District of California, Case No. 19-30089.

John Mahan v. California Air Resources Board, Sacramento County Superior Court, Case No. 34-2016-80002416.

John R. Lawson Rock & Oil, Inc. et al. v. California Air Resources Board et al., Fresno County Superior Court, Case No. 14-CECG01494; ARB’s appeal, Court of Appeal, Fifth District, Case No. F074003.

Murray Energy Corporation v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1385.

Sowinski v. California Air Resources Board, et al., United States District Court for the Northern District of California, No. 3:18-cv-03979-LHK.

State of California v. United States Environmental Protection Agency, United States Court of Appeals, District of Columbia Circuit, Case No. 18-1096.

State of California, et al. v. Chao, et al., United States District Court for the District of Columbia, Case No. 1:19-cv-02826.

State of California, et al. v. David Bernhardt, et al., United States District Court. Northern Distrcit of California, Case No. 3:18-cv-5712-DMR.

State of California, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1114.

State of California, et al., v. United States Environmental Protection Agency, United States District Court, Northern District of California, Case No. 4:18-cv-03237.

State of California, et al. v. United States Environmental Protection Agency et al., U.S. District Court, Northern District of California, Oakland Division, Case No. 4:17-cv-6936-HSG.

State of New York, et al. v. Andrew Wheeler and the United States Environmental Protection Agency, U.S. District Court, District of Columbia, Case No. 1:18-cv-00773.

State of North Dakota v. United States Environmental Protection Agency
, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1381.

State of North Dakota, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1242.

State of Wyoming, et al. v. United States Department of the Interior, et al., U.S. District Court, District of Wyoming, Case No. 16-CV-285-SWS.

Truck Trailer Manufacturers Association, Inc. v. United States Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1430.

Valero Refining Co. California v. Hearing Board of the Bay Area Air Quality Management District et al., Court of Appeal, First Appellate District, Case No. A151004.

People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.

The Two Hundred, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 18CECG01494.

United States v. California, United States District Court, Eastern District of California, Case No. 2:19-cv-02142-WBS-EFB.

 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.

Other Information

Transit Information

Sacramento Regional Transit
(916) 321-BUSS
www.sacrt.com


This facility is accessible by public transit and is accessible to persons with disabilities.

Submitting a Presentation

No outside memory sticks or other external devices may be used at any time with the Board audio/visual system or any CARB computers. Therefore, PowerPoint presentations to be displayed at the Board meeting must be electronically submitted via email to the Clerks' Office no later than noon on the business day prior to the scheduled Board meeting.

For more information contact the Clerks' Office
1001 I Street, 23rd Floor, Sacramento, California 95814
(916) 322-5594

Special Accommodation Request

Consistent with California Government Code Section 7296.2, special accommodation or language needs may 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.


Acomodación Especial


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 solicitar estas comodidades especiales o necesidades de otro idioma, por favor llame a la oficina del Consejo al (916) 322-5594 o envié un fax a (916) 322-3928 lo más pronto posible, pero no menos de 7 días de trabajo antes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.