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HomeMy WebLinkAboutMINUTES - 06121990 - 1.34 TO: BOARD OF SUPERVISORS 1 P..oF Contra Costa FROM: g s Phil Batchelor, County Administrator County DATE: rrA c---N`- June 4 , 1990 SUBJECT: LEGISLATION: SB 1764 ' (Roberti) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONEENDATION Indicate that the Boardlllof Supervisors continues to SUPPORT SB 1764 by Senator Roberti which would require the State Air Resources Board to adopta program to reduce CFC emissions. BACKGROUND- On February 27 , 1990 the ''Board of Supervisors voted to support SB 1764 by Senator David Roberti. On May 1 , 1990 the bill was amended. The Board of Supervisors has asked the County Administrator to advise the Board of Supervisors of all legislation which is introduced in 1990I which addresses the subject of chlorofluorocarbons (CFC' s) . This is one such piece of legislation. Existing law prohibits the manufacture and sale of specified CFC' s as aerosol propel lants but does not otherwise expressly regulate CFC' s. Existing law also prohibits the discharge of air contaminants which cause injury, detriment, nuisance or annoyance, or which endanger health or safety, and requires the State Air Resources Board to evaluate programs to reduce CFC emissions from motor vehicle air-conditioners. Senator Roberti has introduced SB 1764 which would requires the State Air Resources Board to adopt a program to reduce CFC emissions. The bill states that the Legislature intends to CONTINUED ON ATTACHMENT:Y�&--YES SIGNATURE: 2Z= 416z1aVyRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE *APPROVE OTHER SIGNATURE 5: ACTION OF BOARD ON -,Ra 12, 1990 APPROVED AS RECOMMENDED OTHER =OUS(ABSENT RVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. JUN 12 1990 CC: ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF Please See Page 3 . SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) c establish a program which'' will do all of the following: 1. Determine the extent of California' s contribution of ozone-contributing gases. 2. Identify uses of ozone-depleting compounds that will not be substantially reduced or controlled as a result of the EPA' s limits on the production of ozone-depleting compounds. 3 . Augment, as necessary, national and international efforts to reduce the use of ozone-depleting compounds through the use of add-on engineering controls, process modifications, recovery and reuse Qof CFC' s and encourage the use of safe and effective alternative compounds, products and practices as they become available. 4. Encourage the sharing and dissemination of information. 5. Periodically evaluate the effect of California' s efforts to reduce its reliance :on ozone-depleting compounds and revise the state' s program to build on new developments in this area. In order to accomplish the above points, the bill requires the State Air Resources Board (Board) to establish an environmental and technical assessment program. Specifically, the bill requires the Board by January 1, 1992 and every two years thereafter to identify the feasible technical options available to reduce CFC emissions for each of several specified uses of CFC' s. The term "technical options" is defined in the bill to include a variety of specified alternative ways of reducing the use of CFC' s. For each of these technical options the Board is required to include information on such things as emission reduction potential; health, safety , and environmental side effects; institutional constraints, including governmental specifications and local regulations; cost to industry; commercial availability and effects on energy consumption. SB 1764 requires the Board, by July 1, 1992 and as often thereafter as the Board ' deems appropriate, to prepare a report containing its recommendations for regulatory action regarding a particular technical option, or for the banning of products containing CFC' s or of the use of a CFC if the technical option is a chemical or productsubstitute. The bill also establishes an Environmental and Technical Assessment Advisory Committee which is to advise the state Board in the evaluation and recommendation of technical options to reduce CFC emissions. The bill also requires the state Board to establish by July 1 , 1992 a technical assistance program to assist CFC users in identifying technical options which are available to reduce CFC emissions. The bill also provides for penalties for violating any provision of the bill, including iimprisonment and/or fines of at least $5000 and not to exceed $100 ,000 for each day that a knowing and willful violation continues. The state Board is required to report to the Legislature and the Governor by July 1, 1994 and every other year thereafter on the program which is designed to carry out the provisions of the bill. The state Board is . also authorized to impose fees on those i who use or handle CFC' s to cover their costs in implementing this program. The bill provides that it!' would sunset on January 1 , 1997. i It appears that passage !of SB 1764 would further the Board of Supervisors ' environmental goals and it is therefore recommended that the Board continue to indicate their support of SB 1764. SB 1764 passed the Senate Natural Resources & Wildlife Committee March 27, 1990 by a vote of 5: 2. The bill passed the Senate Appropriations Committee 'April 23 , 1990 by a vote of 10: 0 and the full Senate on May 10, ;1990 by a vote of 30: 4. The bill is pending assignment to a Committee in the Assembly. F cc: Senator David Roberti County Administrator Community Development Director Resource Recovery Specialist Catherine Kutsuris, ',Staff to the Environmental Affairs Committee County Counsel Les Spahnn, SRJ. Jackson, Barish & Associates N i f