Bill Magavern, Sierra Club Director, speaks at Diesel Pollution Workshop (AB 233)

Sierra Club Director Bill Magavern spoke out April 25 in favor of the California Air Resources Board’s strategic plan to enforce its diesel pollution controls, and insisted on tough enforcement of those new rules.

Emissions from diesel-fueled engines contain toxic particles that can harm human lungs and affect heart health. An estimated 3,000 Californians each year will die prematurely from the harmful side effects of these emissions, and a 2007 University of Southern California study found serious lung capacity deficits in young children living near freeways.

The strategic plan should point the way toward clear, hard-hitting enforcement of diesel emission standards designed to protect the air and children’s lungs, Magavern explained at the workshop. Inspections, warning signs and clear penalties must accompany these measures.

Sierra Club California also backs laws currently before the California Legislature that would further strengthen protections for our health and air quality,

ARB receives additional funding to clean up state trucks, buses: Diesel emissions from freeway trucks are major contributors to poor air quality (May 19, 2008)

New Air Quality Laws

AB 1007: Air quality: alternative fuels

The purpose of this 2005 law, authored by noted environmentalist, Assemblywoman Fran Pavley, and sponsored by the Natural Resources Defense Council, is to increase the use of ‘alternative fuels’ in California, thereby making the state less petroleum-dependent.   Unlike other air quality laws, this law will be implemented by the State Energy Resources Conservation and Development Commission, though in partnership with the Air Resources Board.

The law states “to develop and adopt a state plan to increase the use of alternative fuels" not later than June 30, 2007. 

The plan is available on the Energy Commission’s website.

The Sierra Club position is to ensure that there is accurate life-cycle assessment of fuels, assurances of no deterioration in air quality, and that sustainability standards for biofuels be developed.  We will also follow the adoption of the Low Carbon Fuel Standard (a 2007 Governor's Executive Order incorporated into the plan) closely related to AB 1007.  Funding for the implementation of the state alternative fuels plan is expected to come from AB 118. (See below)

By participating in the Clean Air Dialog, a working group of the California Environmental Dialog, Sierra Club will keep abreast of actions taken by the Energy Commission and provide meaningful input.

The Air Quality Committee will collaborate with the Global Warming and Energy Committee as it follows the implementation of the adopted State Alternative Fuels Plan.

AB 118: Alternative fuels and vehicle technologies: funding programs.

We thank Assembly Speaker Fabian Núñez for writing the most important, 2007 funding bill for energy and air quality programs.  During the 7-year life of this law, about $200 million will be collected annually through motor vehicle-related fees that will benefit three major environmental programs:

• ~$120M for Californian Energy Commission’s “Alternative and Renewable Fuel and Vehicle Technology Program”
• ~$50M for California Air Resources Board’s “Air Quality Improvement Program”
• ~$30M for Bureau of Automotive Repair’s “Enhanced Fleet Modernization Program”(e.g. the voluntary retirement of high-polluting passenger vehicles and light- and medium-duty trucks)

AB 233: the Healthy Heart and Lung Act.

Sierra Club CA co-sponsored this bill (with American Lung Association) in 2007 and we are pleased to report that Governor Schwarzenegger signed the bill into law on Oct. 13, 2007. The author was Assemblymember Dave Jones of Sacramento.
AB 233 addresses the greatest source of toxic emissions in the state – older diesel vehicles -- by increasing enforcement of existing regulations.  In addition, operators of commercial motor vehicles will be required to clear their citations for violating emissions rules before having their registrations renewed. Please see Bill Magavern's comprehensive description: http://sierraclubca.blogspot.com/2007/09/healthy-heart-and-lung-act-ab-233-jones.html

SB 719: Reform of San Joaquin Valley Unified Air Pollution Control District.

We are delighted to report that this bill, authored by Senator Michael Machado of Stockton, was signed by Governor Schwarzenegger on Oct. 14, 2007.  The law adds two city appointees and two experts to the Air District’s governing board, increasing membership to 15, thus providing more representative and qualified leadership to the body that is responsible for air quality in the Central Valley.

AB 1870: Clean Air.

 "If there ever was a “common sense” clean air bill, this was it.  Heretofore, as incredible as this may sound, a vehicle could be emitting visible smoke from its tailpipe during the smog check, yet still pass!!  This 2006 bill, sponsored by Assemblywoman Sally Lieber, sponsored by Sierra Club California, the Bay Area Air Quality Management District and the California Council for Environmental and Economic Balance, won bi-partisan support in the state legislature along with the support of health experts at the American Lung Association, air pollution control officers, and automobile and oil companies.

Another important aspect of the bill was to “require the Bureau of Automotive Repair pay an owner of a motor vehicle
that has failed its most recent smog check who retires the vehicle at a dismantler, up to $1,500 and authorizes a
higher payment if it determines that the payment is cost-effective.”

AB 2522: Vehicle Registration Fee

Authorizes the San Joaquin Valley Unified Air Pollution Control District to increase the existing vehicle registration fee from $6 to up to $30 for incentive-based programs to achieve state and federal air quality standards and requires at least $10 million of the revenues to be used to mitigate air pollution in disproportionately impacted communities inthe San Joaquin Valley.

Click here for fact sheet.

Attempted Air Quality Legislation for 2008:

SB 974: Cleaner Ports

This bill, authored by Senator Alan Lowenthal of Long Beach, addresses a major source of air pollution in CA – movement of goods into and out of the Ports of LA, Long Beach, and Oakland -- by placing a $30 fee on in-bound shipping containers.  The revenue will be used, in part, to address necessary air quality mitigation that results from shipping activity at these ports.  The bill will provide an essential, ongoing source of funds to clean up this major source of diesel exhaust resulting from the enourmous shipping activity at the state's three major ports.

Status: We are deeply disappointed that the Governor vetoed SB 974 on September 30th, 2008. See veto message from the Governor.

Air Quality Committee Working Groups:

The Air Quality Committee is a member of two coalitions and one dialog:

• We are very engaged with The Clean Trucks/Bus Rule Coalition – made up of 40-45 organizations (environmental, public health, environmental justice, and medical organizations) from around California – working to ensure that Air Resources Board staff develops, and the Board adopts, a strong regulation to reduce diesel PM emissions, NOx, and other criteria pollutants, as well as Greenhouse Gas emissions, from in-use heavy-duty diesel powered vehicles operating in California.

• We are a long-standing member of the Central Valley Air Quality Coalition (CVAQ), a partnership of more than 70 community, medical, public health, environmental and environmental justice organizations. CVAQ’s vision is to become a healthy, safe, and economically prosperous San Joaquin Valley where chronic air pollution and epidemic sickness due to poor air quality is eliminated. Sierra Club CA works in unison with the Kern-Kaweah, Tehipite and Mother Lode Chapters in this coalition.

• Sierra Club CA - Air Quality Committee, participates in the Clean Air Dialog, a working group of the California Environmental Dialog.  Unlike a coalition, the Sierra Club exchanges ideas with representatives of business, regulatory, and other environmental organizations on topics such as goods movement, alternative fuels, and the smog check program.  We work to find consensus on principles that we can apply to these areas.