February 25, 2021, Board Meeting Agenda

In accordance with Governor Newsom’s Executive Orders N-29-20 and N-33-20 as well as recommendations from the California Department of Public Health, the February 25, 2021, Board Meeting will not have a physical location. This will be a remote-only meeting.

The Board Meeting will be conducted remotely via a web-based videoconferencing service called Zoom. Members of the public who wish to comment verbally can register for the webinar to comment.

Register for the Webinar - for those who wish to comment verbally at the hearing.

Alternatively, on the morning of the Board Meeting, members of the public can offer verbal comments by telephone. Members of the public do not have to register beforehand if they call in using the number below.

Phone Number: (669) 900-6833
Webinar ID: 886 2426 0728

To watch the webinar only and not provide verbal comments, please view the webcast. The webcast is the same video stream offered by CARB during normal Board Meetings. If you do not wish to provide verbal comments, we strongly recommend watching the webcast as this will free up space on the webinar for those who are providing verbal comments.

Webcast - for those that only plan to observe the hearing

How to Participate in the Remote Board Meeting

Como Participar en la Reunión del Consejo a Distancia

Spanish Translation will be provided at the February 25, 2021 Board Meeting

Agenda de la Reunión del Consejo del 25 de febrero de 2021

Thursday, February 25, 2021 @ 9:00 a.m.

Discussion Items

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

21-1-1: Public Meeting to Consider Proposed Vehicle Miles Traveled (VMT) Offset Demonstration for the Coachella Valley Extreme Area Ozone Plan

The Board will consider approval of the Vehicle Miles Traveled (VMT) Offset Demonstration for the Coachella Valley Extreme Area Ozone Plan. On December 28, 2020, the State submitted the Coachella Valley Extreme Area Ozone Plan (Plan) to the United States Environmental Protection Agency (U.S. EPA). The Plan addressed all Extreme area State Implementation Plan (SIP) requirements with the exception of a VMT emissions offset demonstration. The Clean Air Act requires states to submit a VMT emissions offset demonstration as part of a SIP to show that enforceable transportation control strategies and transportation control measures will offset any increase in emissions from growth in VMT or numbers of vehicle trips in Severe and Extreme ozone nonattainment areas. Adoption of the Coachella Valley VMT Offset Demonstration by the Board will allow U.S. EPA to approve the Coachella Valley Extreme Area Ozone Plan for the 80 ppb 8-hour ozone standard.

21-1-2: Public Hearing to Consider Proposed 2020 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 2017 to 2019 air quality data, a total of five changes to area designations are proposed for ozone and PM2.5.

21-1-3: Public Meeting to Consider Proposed Research Contract with the University of California, Davis, Titled “Post-COVID Transportation Scenarios: Evaluating the Impact of Policies”

The Board will consider approval of a contract that will examine transportation and land use policies based on lessons learned from the COVID pandemic that CARB and the State could institute to help meet the California’s air quality, climate, and equity goals. This item requires Board approval due to the contract amount and also to comply with Government Code section 1091 because two Board Members are affiliated with the University of California at Davis.

21-1-4: Public Meeting to Consider Proposed Research Contract with the University of California, Davis, Titled “Estimating the Health Benefits of Reducing Emissions of Toxic Air Contaminants in California”

The Board will consider approval of the research contract. This item requires Board approval due to the contract amount and also to comply with Government Code section 1091 because two Board Members are affiliated with the University of California at Davis.

21-1-5: Public Meeting to Consider Proposed Research Contract with the University of California, Berkeley, Titled “Impacts of Train and Port Pollution and Air Toxics on Respiratory Symptoms and ED Visits within Vulnerable Communities in Southern California”

The Board will consider approval of the research contract. This item requires Board approval due to the contract amount and also to comply with Government Code section 1091 because one Board Member is affiliated with the University of California at Berkeley.

21-1-6: Public Meeting to Consider the San Joaquin Valley 2020 Agricultural Burning Assessment

The Board will consider CARB staff's written assessment of the San Joaquin Valley Air Pollution Control District's (District) 2020 Staff Report and Recommendations on Agricultural Burning (2020 Report). The 2020 Report includes the District's strategy to reduce open agricultural burning in the San Joaquin Valley as well as a recommendation to postpone the prohibition on open burning for certain crop categories and materials allowed under Senate Bill 705 (Florez, 2003). CARB’s concurrence is required for the recommended postponements.

21-1-7: Report to the Board on the California Air Resources Board Program Priorities for 2021

Executive Officer Richard Corey will provide the Board with an overview of California Air Resources Board priorities for 2021.

The following Board Item will not be heard prior to 4:00 p.m.

21-1-8: Public Meeting to Consider Assembly Bill 617 Community Air Protection Program – Consideration of Recommended Communities

The Board will consider for selection staff's proposed list of communities for the development of community emission reduction programs and/or community monitoring via the Community Air Protection Program.

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.

American Lung Association, et al. v. United States Environmental Protection Agency, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 19-1140.

Best Energy Solutions & Technology Corp., et al v. California Air Resources Board, et al., Kern County Superior Court, Case No. BCV-20-102198.

California v. Stout, et al., United States District Court, Central District of California, Case No. 2:20-cv-00371.

California v. Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 19-1239.

California, et al. v. United States Environmental Protection Agency, United States Court of Appeals for the District of Columbia Circuit, Case No. 21-1024.

California, et al. v. United States Environmental Protection Agency, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 21-1014.

California Natural Gas Vehicle Coalition v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 20CECG02250.

Clean Energy Renewable Fuels, LLC v. California Air Resources Board, Orange County Superior Court, Case No. 30-2020-01167039-CU-WM-CJC.

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.

Environmental Defense Fund, et al., v. Andrew Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 20-1360.

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.

Friends of Oceano Dunes, Inc. v. California Air Resources Board, et al., Sacramento County Superior Court, Case No. 34-2020-80003442.

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

John R. Lawson Rock & Oil, Inc. et al., v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 19CEGG00331.

South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles County Superior Court, Case No. 20STCP02985.

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 v. Wheeler et. al., District of Columbia Circuit, Case No. 19-1239, consolidated under No. 19-1230 along with Nos. 19-1241, 19-1242, 19-1243, 19-1245, 19-1246, and 19-1249.

State of California, et al., v. Andrew Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 20-1359.

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

State of California, et al. v. Environmental Protection Agency, United States Court of Appeals, District of Columbia Circuit, Case No. 21-1035.

State of California, et al. v. United States Environmental Protection Agency, United States Court of Appeals, District Court of Columbia Circuit, Case No. 19-1227; 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-HSG.

State of California, et al. v. United States Environmental Protection Agency, United States Court of Appeals, District of Columbia Circuit, Case No. 21-1018.

State of New York, et al. v. United States Environmental Protection Agency, United States Court of Appeals, District of Columbia Circuit, Case No. 21-1026.

State of New York, et al. v. United States Environmental Protection Agency, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 21-1028.

State of New York et al. v. United States Environmental Protection Agency, United States District Court for the Southern District of New York, Case No. 1:21-cv-00462.

State of Massachusetts v. EPA, United States Court of Appeals, District of Columbia Circuit, Case No. 20-1265.

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.

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.

Western States Petroleum Association v. California Air Resources Board, Los Angeles County Superior Court, Case No. 20STCP03138x.

W.O. Stinson & Son LTD. v. Western Climate Initiative, Inc., Ontario Canada Superior Court, Case No. CV-20-00083726-0000.

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. The public will also have an opportunity to submit written comments for open session the morning of the Board Meeting.

Other Information

Submit Comments Electronically Day of Board Meeting

View Submitted Comments

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.

If you have any questions, contact the Clerks' Office.
1001 I Street, 23^rd Floor, Sacramento, California 95814

If you experience technical difficulties on the day of the Board Meeting, please call our helpline at (805) 772-2715.

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 Clerks' Office at (916) 322-5594 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 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.