February 2019 Board Meeting Agenda - Revised 2/13
February 21, 2019, 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, February 21, 2019 @ 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 changes were made to the Consent Calendar.
19-2-1: Public Meeting to Consider One Research Proposal
The Board will consider approval of one research proposal that was developed in response to the Board approved research projects for Fiscal Year 2019-2020.
- “Off-Road Diesel Low-Emission Demo for NOx, Particulate Matter and Toxics,” Southwest Research Institute, RFP No. 18RD006.
More Information Proposed Resolution
19-2-2: Public Meeting to Consider the South Coast PM2.5 Contingency Measure
**This item has been removed from the Agenda.
19-2-3: Public Hearing to Consider Proposed 2018 Amendments to Area Designations for State Ambient Air Quality Standards
The Board will consider the proposed amendments to the regulations designating areas of California as attainment, nonattainment, nonattainment-transitional, or unclassified for pollutants with State ambient air quality standards. Based on 2015 to 2017 air quality data, a total of four changes to area designations are proposed for ozone and NO2.
More Information Proposed Resolution
Discussion Items
The following agenda items may be heard in a different order at the Board meeting.
19-2-4: The 2018 Haagen-Smit Clean Air Awards
The recipients of the 2018 Haagen-Smit Clean Air Awards will be presented with their awards. The Board annually presents the Haagen-Smit Clean Air Awards to esteemed persons in the air quality and climate change community – scientists, legislators, professors, activists, business leaders, and others who have made significant contributions toward improving air quality, public health, and our understanding of climate change issues.
More Information Staff Presentation
19-2-5: Public Hearing To Consider Proposed Alternative Certification Requirements and Test Procedures for Heavy-Duty Electric and Fuel-Cell Vehicles and Proposed Standards and Test Procedures for Zero-Emission Powertrains (Zero-Emission Powertrain Certification Regulation)
The Board will consider staff's proposal for the Zero-Emission Powertrain Certification Regulation, which would establish a new, optional certification pathway for heavy-duty electric and fuel-cell vehicles and the zero-emission powertrains they use. The proposal would help reduce variability in the quality and reliability of heavy-duty electric and fuel cell vehicles, ensure information regarding the vehicles and their powertrains are effectively and consistently communicated to purchasers, and accelerate progress towards greater vehicle reparability. This hearing will be the first of two planned Board hearings.
More Information Staff Presentation
19-2-6: Public Hearing to Consider the Proposed Zero-Emission Airport Shuttle Regulation
The Board will consider staff’s proposal for the Zero-Emission Airport Shuttle Regulation that will transition combustion powered airport shuttles to zero-emission vehicles. The proposed regulation will apply to private and public fixed destination shuttles that serve California’s commercial airports. This hearing will be the first of two planned Board hearings.
More Information Staff Presentation
19-2-8: Public Meeting to Hear an Informational Update on the 2017 Scoping Plan Implementation
The Board will hear an informational update on the implementation status of key strategies included in the 2017 Scoping Plan Update, which lays out the path to achieve the Senate Bill 32 greenhouse gas reduction target of 40 percent below 1990 emissions by 2030. The 2017 Scoping Plan Update was adopted by the Board in December 2017.
More Information Staff Presentation
19-2-9: Public Meeting to Hear an Informational Update on Senate Bill 375 Pilot Project for Sacramento Area Council of Governments
The Board will hear a guest presentation from the Executive Director of the Sacramento Area Council of Governments (SACOG), James Corless, on innovative actions and targeted incentives to overcome implementation challenges of SACOG's Senate Bill 375 Sustainable Communities Strategy, and achieve greater regional greenhouse gas emissions reductions.
More Information Guest 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, 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; Plaintiffs’ appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 15-35834.
California Air Resources Board v. United States Environmental Protection Agency,U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1085.
Electric Power Supply Association, et al. v. Star, et al., U.S. Court of Appeals, Seventh Circuit, Case No. 17-2445.
POET, LLC, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 09CECG04659; plaintiffs’ appeal, California Court of Appeal, Fifth District, Case No. F064045; California Supreme Court, Case No. S213394 [remanded to trial court]; plaintiff’s appeal of trial court order discharging peremptory writ of mandate, Court of Appeal, Fifth District, Case No. F073340.
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. 12-15131.
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.
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 Bureau of Land Management, et al., U.S. District Court, Northern District of California Circuit, Case No. 3:17-cv-07186-WHO.
State of New York, et al. v. United States Environmental Protection Agency, U.S. District Court, District of Columbia, Case No. 1:18-cv-00773.
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 North Dakota v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1381.
State of West Virginia et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1363.
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.
The Two Hundred, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 18CECG01494.
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.
Alliance for California Business v. California Air Resources Board, et al., Glenn County Superior Court, Case No. 13CV01232; plaintiffs’ appeal, Court of Appeal, Third District, Case No. C082828.
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.
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.
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.
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. United States Environmental Protection Agency et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 17-1185.
People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.
In re: Volkswagen "Clean Diesel" MDL, United States District Court, Northern District of California, Case No. 15-MD-2672-CRB (JSC).
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
California Air Resources Board v. Fiat Chrysler Automobiles N.V. and FCA US LLC, United States District Court, Northern District of California, Case No. 3:19-cv-00151.
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 Clerk of the Board no later than noon on the business day prior to the scheduled Board meeting.
For more information contact the Clerk of the Board
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.