HomeMy WebLinkAboutMINUTES - 01191999 - SD3 TO: BOARb OF SUPERVISORS
Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR ; Costa
County
DATE: January 11, 1999 ;
SUBJECT:
LEGISLATION: AB 129 (OLLER)
SPECIFIC REOUEST(S)OR I+tECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION"
ADOPT a position in SUPPORT of AB 129 by Assemblyman Thomas 011er of
Roseville which would prohibit the use of methyl tertiary butyl ether {MTBE} in
gasoline and would make such use a misdemeanor.
BACK,GRQUND•
The Board's 1999 Legislative Program includes a provision which supports "efforts
to phase out the use of MTBE as an additive to gasoline in favor of other products
which will not contaminate the water supply."
Assemblyman 011er has introduced AB 129 which,as introduced,would prohibit the
use of MTBE in gasoline and would make it a misdemeanor to use MTBE in
gasoline. It appears that AB 129 is consistent with the Board's adapted position on
the use of MTBE and it is, therefore, recommended that the Board indicate its
support of AB 129.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
IrRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
4L APPROVE OTHER
SIGNATURES:
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ACTION OF SOARD ON - OTHER
IT IS BY THE BOARD ORDERED that this matter is CONTINUED to February 2, 1999.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES:. `re! NOES: _M7 AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ZZZ'2'r ABSTAIN: - o u e OF SUPERVISORS THE DATE SHOWN.
County Administrator /
Community Development Director ¢ L �
County Counsel ATTESTED �' P
Contract: Assemblyman Thomas 011erIL BATCHELOR, ERIE OF THE BOARD OF
c
c: boom 4116 State Capitol SUPERVISORS AND COUNTY ADMINISTRATOR
Sacramento,CA 95814
Les Spahnn-Heim,Noack,Kelly&Spahnn
1121 L Street,Suite 100 BY y ` ✓ ,-? - DEPUTY
Sacramento,CA 95814 r`
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CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 129
Introduced by Assembly Member taller
January 6, 1999
An act to add Section 43013.3 to the Health and Safety Code,
relating to gasoline, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL:S DIGEST
AB 129, as introduced, 011er. Gasoline: NME.
(1) Existing law authorizes the State Air Resources Board,
among other things, to adopt and implement motor vehicle
fuel specifications for the control of air contaminants and
sources of air pollution.
This bill would make it a misdemeanor to use methyl
tertiary butyl ether (MTBE) in gasoline. by creating a new
crime, the bill would impose a state-mandated local program.
,(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the stag. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason.
(3) This bill would declare that it is to take effect
immediately as an urgency statute.
Vote. l3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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AB 129 —2—
The
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T'he people of the State of California do enact as follows:
1 SEC 10N 1. Section 43013.3 is added to the Health
2 and Safety Code, to read:
3 43013.3. (a) The use of methyl tertiary butyl ether
4 (NME) in gasoline is prohibited.
5 (b) A violation of this section is a misdemeanor.
6 SEC. 2: No reimbursement is required by this act
7 pursuant to Section 6 of Article XIII B of the California
8 Constitution because the only costs that may be incurred
9 by a local agency or school district will be incurred
10 because this act creates a new crime or infraction,
11 eliminates a crime or infraction, or changes the penalty
12 for a crime or infraction, within the meaning of Section
13 17556 of the Government Code, or changes the definition
14 of a crime within the meaning of Section 6 of Article
15 XIII B of the California Constitution.
16 Notwithstanding Section 17580 of the Government
17 Code, unless otherwise specified, the provisions of this act
18 shall become operative on the same date that the act
19 takes effect pursuant to the California Constitution.
20 SEC. 3. This act is an urgency statute necessary for the
21 immediate preservation of the public peace, health, or
22 safety within the meaning of Article IV of the
23 Constitution and shall go into immediate effect. The facts
24 constituting,the necessity are:
25 In order to protect the public health as soon as possible,
26 it is necessary for this act to take effect immediately.
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