| Policy: Update on select, asthma-related legislation |
The following is brief summary of various piece of asthma-related legislation. Additional information can be found at www.leginfo.ca.gov.
-- AB 264 - Asthma Management in Schools (Chan)
This bill would require the State Department of Education to supply each school district and each county office of education with a copy of the report titled Guidelines for the Management of Asthma in California Schools. This bill would require a school district that receives an asthma action plan, submitted by the parent or guardian of a pupil identified as having asthma, to maintain the plan on file in a centralized location and to provide other specified information to any teacher of the pupil for whom an asthma action plan is submitted. The bill passed the Assembly floor on May 31st with a 57-21 vote. The bill got out of suspense and was approved by the Assembly even though the state's Department of Education formally opposed the bill. (The DOE felt that while sharing a copy of the Asthma Management Guidelines was worthy, the rest of the bill was "unnecessary.") The bill passed the Senate Committee on Health and Education 9 to 1. Referred to Senate Appropriations on June 30.
-- SB 870 - Air Quality Violations (Escutia)
This bill did not make it out of suspense in the Senate Appropriations committee, and has now become a two year bill. Senator Escutia's staff member for the bill isn't entirely sure why the bill wasn't released out of suspense, as several amendments had been made to eliminate the costs associated with the bill. She suspects the answer has to do with the fact that several air quality management districts, including the Bay Area and Sacramento, had formally opposed the measure, and that there could have been more community pressure to counteract the opposition in a more consistent manner. As for the future of this bill, it can be reintroduced with a different bill number next year, or the Senator can again try to get it off of suspense, perhaps after it's been amended again. The Senator appreciated asthma advocates' interest in the bill and would very much like to work with advocates again next year.
-- SB 459 - Locomotive Emission Impact Mitigation Fees (Romero)
This bill authorizes the South Coast Air Quality Management District to impose a mitigation fee on railroads in order to attain state or federal air quality standards or protect human health. Fees will be based on hours of operation in the region, and they must be used to mitigate emissions impacts form vehicle idling at rail crossings in the region and reduce airborne toxics and particulate matter in communities adjacent to rail lines, including communities of low-income populations, with the highest exposure to such contaminants. Passed Senate 22 to 15. Referred to Assembly Transportation Committee on June 20.
-- AB 888 – Air Pollution: Equipment Emissions (De La Torre)
This bill would authorize the South Coast Air Quality Management District (SCAQMD) to establish a railyard equipment emission reduction program. Emission reductions would be achieved through engine replacement or retrofits by owners or lessees of heavy-duty diesel engines (motor vehicle, non-road engine, non-road vehicle eg., yard tractors, cranes, forklifts, and other mobile equipment) that operate “substantially” within the fence line of railroad or corporation yards (district would determine). New locomotives or new engines in used locomotives would be exempt. The retrofits would include installing clean technologies that reduce emissions of air contaminants to the maximum extent feasible, as determined by the SCAQMD. Regulation would begin no earlier than January 1, 2007. SCAQMD would be required to reimburse ARB for costs associated with implementation of the bill (minor one-time costs, approximately $20,000 in 2006-2007). SCAQMD could possibly draw from Air Pollution Control Fund (APCF). Passed Assembly. Referred to Senate Environmental Quality Committee on June 15.
-- SB 437 - California Healthy Kids Insurance Program (Escutia)
This bill would create the California Healthy Kids Insurance Program and require that it be operated as a joint venture by the State Department of Health Services and the Managed Risk Medical Insurance Board. The bill would also accelerate the process for determining eligibility by allowing the use of income eligibility determinations made by other public assistance programs. Additionally, the bill would expand program eligibility to children with family incomes up to 300% of the federal poverty level. Passed Senate. Passed Assembly Committee on Health 10 to 3. Referred to Assembly Appropriations on June 29. Placed in suspense file on August 17.
-- AB 772 – California Healthy Kids Insurance Program (Chan)
This bill would create the California Healthy Kids Insurance Program and require that it be operated as a joint venture by the State Department of Health Services and the Managed Risk Medical Insurance Board. The bill would also accelerate the process for determining eligibility by allowing the use of income eligibility determinations made by other public assistance programs. Additionally, the bill would expand program eligibility to children with family incomes up to 300% of the federal poverty level. Passed Assembly. Passed Senate Committee on Health 8 to 3. Referred to Senate Committee on Rules. Referred to Senate Committee on Banking, Finance, and Insurance. Passed Senate Committee on Banking, Finance, and Insurance 6 to 4. Referred to Appropriations on August 15.
-- SB 44 - General Plans and Air Quality Elements
This bill requires all cities and counties to add air quality concerns to their general plans. Passed Senate. Passed Assembly Committee on Local Government 5 to 2. Passed Assembly Appropriations 13 to 5 on August 15.
-- SB 109 - Air Pollution: Minor Violations from Stationary Sources
Existing law requires the state board and each district to adopt a regulation or a rule that classifies certain violations as minor; this classification is effective through January 1, 2006. Existing law provides for either civil or criminal penalties, not both, for the same offense. This bill extends the minor violation classification until January 1, 2012. This bill also allows for both civil and criminal penalties for the same offense. Passed Senate. Passed Assembly Committee on Natural Resources 6 to 3 on June 28th. Placed on Assembly Appropriations suspense file on July 13.
-- AB 405 - Pesticide Use on School Ground
Prohibits the use, at a school, of pesticides which do not have full registration from state agencies. Passed Assembly. Passed Senate Committee on Environmental Quality 5 to 2. Referred to Senate Committee on Rules on July 14.
-- SB 760 - Container Fees at Ports
This bill imposes a $30 fee on each shipping container processed at the Ports of Los Angeles and Long Beach and specifies the allocation and expenditure of the container fee revenues for rail system improvements, port security, and environmental pollution mitigation. Passed Senate. Referred to Assembly Committees on Transportation and Natural Resources. Passed Assembly Transportation and Natural Resources 6 to 3. Referred to Assembly Appropriations on June 28. Hearing canceled at request of author on August 17.
-- SB 762 - Port Congestion- Environmental Quality Commission
This bill creates the Los Angeles-Long Beach Area Regional Intermodal Port Congestion and Environmental Quality Commission (LAIPC) to regulate truck traffic and vehicular emissions at the Ports of Los Angeles and Long Beach and establish a similar organization (OAIPC) for these purposes at the Port of Oakland. Passed Senate. Referred to Assembly Committees on Transportation and Environmental Safety and Toxic Materials. June 20 hearing canceled at request of author.
-- SB 764 - No Net Increase in Emissions
This bill requires the Ports of Los Angeles and Long Beach to establish a baseline for air quality at the ports and to develop a date by which they will meet their 2001 baseline –compliance with baseline requirements must occur by January 1, 2008.
Passed Senate. Referred to Assembly Transportation on June 20.
-- AB 841 - Air Quality: Particulate Monitoring
Requires that air quality monitors be sited in western Fresno County as necessary to understand conditions and provide information for the development of air pollution control strategies.
Passed Assembly. Referred to Senate Committee on Environmental Quality. Passed Senate Committee on Environmental Quality 7 to 0. Referred to Senate Appropriations on July 6.
-- SB 999 - San Joaquin Unified Air Pollution Control District
This bill increases the size of the San Joaquin Unified Air Pollution Control District Board from 11 members to 17 members by making no change to the required eight county members; increasing the number of city representatives from three to five, but changing the appointment procedures; and adding four public members with certain qualifications. Passed Assembly. Passed Senate Committee on Local Government and Natural Resources 7 to 2. Referred to Senate Appropriations on July 6. Amended and passed Senate Appropriations 12 to 5 on August 18.
-- AB 1292- Air Quality in School Facilities
Requires a school district to ensure that facilities, including, but not limited to, classrooms for pupils, have heating and ventilation and air-conditioning (HVAC) systems that meet the minimum requirements of indoor air quality regulations pursuant to the Labor Code. Held under submission in Assembly Appropriations. Now a two year bill. |
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| Date posted: 08-24-2005 |
| Posted by: Regional Asthma Management and Prevention Initiative |
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