BILL ANALYSIS
AB 1222
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Date of Hearing: April 25, 2005
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jenny Oropeza, Chair
AB 1222 (Jones) - As Introduced: February 22, 2005
SUBJECT : Locomotive Air Pollution Control
SUMMARY : Establishes a High-Polluting Locomotive Program.
Specifically, this bill :
1)Makes legislative findings and declarations regarding air
quality in California and the contribution of locomotives to
that problem.
2)Requires the Air Resources Board (ARB) to establish a program
to encourage voluntary testing, repair, maintenance, or
replacement of high-polluting locomotives by their owners or
operators.
3)Specifies that the program must include: remote sensing or
other techniques and technologies to identify high-polluting
locomotives; notification procedures to inform the locomotive
owner or operator and the public regarding the operation of a
locomotive determined to be high-polluting; and a public data
bank for the purpose of tracking the testing, repair,
maintenance, and replacement of high-polluting locomotives.
4)Defines a high polluting locomotive as one that emits air
contaminants at a rate determined by ARB to be:
a) Inconsistent with best repair and maintenance practices;
b) 25% or more in excess of certification standards
applicable to the locomotive, or, if no certification
standard is applicable, at a rate 25% or more in excess of
average emission rates for similar, well-maintained
locomotives; and,
c) Likely to be within the top 20% of emissions rates of
locomotives operating in a nonattainment area, including,
but not limited to, locomotives of any age that are in line
haul or switcher service.
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5)Requires ARB to adopt regulations necessary to implement this
bill, including, but not limited to, requirements for the
owner or operator of a locomotive to provide ARB specified
information regarding the locomotive's history or operating
parameters.
6)Specifies that if any provision of this bill or its
application is held invalid, the Legislature intends that the
invalidity not affect other provisions or applications of the
bill, and that its provisions are severable.
7)Allows ARB, at a public hearing, to impose a fee on owners or
operators of locomotives operating within the state for the
purpose of recovering the costs of implementing this bill.
8)Allows ARB to contract with another state agency for the
collection of those fees.
EXISTING LAW : Makes ARB responsible for the control of
emissions from motor vehicles and the coordination, management,
and review of the efforts of all level of government as they
affect air quality.
FISCAL EFFECT : Unknown
COMMENTS : The author reports that over the years, stringent
regulations in California have reduced emissions by over 90%,
from most significant stationary sources and from motor vehicles
and other mobile sources under the jurisdiction of state and
local authorities. However, federal law preempts state and
local jurisdictions from establishing exhaust emission
requirements on locomotives. As a result, these sources have
been controlled far less stringently and have not achieved what
the author and this bill's supporters deem to be the industry's
fair share of emission reductions needed to meet state and
federal clean air standards.
Railroad locomotives have been estimated to emit over 177 tons
of smog-forming nitrogen oxides of nitrogen (NOx) per day in the
state. Their exhaust also includes diesel particulates, which
are designated toxic air contaminants based on carcinogenic
effects. The author contends that due to the close proximity of
their operations to populated areas, and the toxic nature of
diesel exhaust, locomotives can pose a significant risk to
public health and safety if they are not well-maintained or if
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they are not repaired or replaced when necessary.
Additionally, supporters point out that rail traffic may triple
in Southern California by 2020, which will surely heighten
concern over locomotive emissions.
Finally, it should be noted that this bill does not mandate any
actions by the rail industry to repair or replace locomotives.
It simply creates a mechanism to identify those locomotives that
need attention.
The California Railroad Industry, representing Union Pacific,
BNSF Railway, and the California Shortline Railroad Association,
contends that "remote sensing technology does not exist that is
capable of measuring emissions from a locomotive as envisioned
in this bill. It does not make sense to require the railroads
to pay for technology that has yet to be proven to work on
locomotives." The Industry argues that its railroads have an
existing smoke monitoring program, performing over 10,000 smoke
inspections a year, to ensure that locomotives are meeting
opacity standards and running efficiently. The opacity test
results are submitted monthly to the South Coast Air Quality
Management District. The Industry also points to a memorandum
of understanding with ARB, under which new, cleaner locomotives
are being introduced into the South Coast basin, which will
reduce locomotive emissions by two-thirds in the next few years.
Thereafter, they contend, "the chances of identifying any high
emitters will be very slim. The program will not be cost
effective."
Cal-Tax, writing in opposition, argues that this bill
constitutes "an end run around the Constitution" by imposing a
tax and calling it a fee, thereby attempting to avoid a
two-thirds vote requirement in the Legislature. They also
contend that the fee will undercut the state's economic growth
and create a drag on the economy.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association
City of Arcadia
City of Banning
City of Bell Gardens
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City of Bradbury
City of Calimesa
City of Colton
City of Commerce
City of Covina
City of Duarte
City of El Monte
City of Gardena
City of Hawaiian Gardens
City of Irvine
City of LaVerne
City of Lomita
City of Maywood
City of Monrovia
City of Montebello
City of Monterey Park
City of Palm Desert
City of Pico Rivera
City of Rolling Hills Estates
City of San Bernardino
City of Santa Fe Springs
City of South El Monte
City of South Pasadena
El Monte/South El Monte Chamber of Commerce
Industrial Council - Chamber of Commerce
League of California Cities, Los Angeles County Division
South Bay Cities Council of Governments
South Coast Air Quality Management District
Western Riverside Council of Governments
Letters from 106 individuals
Opposition
California Railroad Industry
Cal-Tax
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093