Bay Area Air Quality Management District: Observer Reports

Bay Area Air Quality Management District: Observer Reports

top of Golden Gate Bridge in fog

The LWVBA observer reports for the Bay Area Air Quality Management District are posted here as they become available. Note that they are posted in reverse chronological order, with the most recent posted at the top.

 

 

May 4, 2022

Budget Meeting (Agenda, Presentations)
  • Hearing for 2023 Fees (Reg 3)
    • 1 in-person, 1 online, both asking for the management audit to conclude before fee increases
  • Hearing for 2023 Budget
    • New fee for overburdened employees; 20 new positions
    • $15.2m increase from last budget
    • If board doesn't want 10.9% increase in fees, an alternative is a 6.4% increase but add no new positions
    • Finance division has a lot of vacancies, so items may be not fully vetted
    • Haubert asks about permit backlog (staff aware, but conversation more applicable with new APCO), audit (results on 5/30, so a bit tight on timeline), and cost containment
    • No public comments
    • Rice notes the info presented properly reflected budget committee
  • No unagendized comments
Regular Meeting (Agenda, Presentations)
  • Consent Calendar
    • Items 7 ($10k+ violations) and 8 (CBE contract for AB617 East Oakland) pulled
    • No public comment; unanimous
    • Item 7 pulled by Young, who wants details on 3 Valero fines
    • Item 8 pulled by Hudson, who wants to know why the contract rose from $91k to $410k. (CBE says they're under capacity and the work is ramping up from application to the implementation)
    • Hurt notes that engagement costs are rising through the state, so she supports the increase
    • Mitchoff asks if the contract has a new service outcome specified. Staff is preparing task orders with such detail
    • No public comment; unanimous
  • Adoption of 13-5 (Hydrogen Plants) and 8-2 (Misc Organic Compound)
    • Places regulation on methane emissions, mainly mitigated by flares
    • Needs 4 new FTE to enforce
    • Hudson asks about flaring during low activity periods. (Staff says there's minimum input amounts for safety and efficiency)
    • Lopez asks about 8-2's new exemption. (Staff says this is to address need to avoid duplication, with 13-5 more strict)
    • Hurt asks about flaring impacts on communities (flaring output for hydrogen doesn't have PM impacts like other refineries)
    • Mitchoff asks about the color of the flare in the staff presentation (staff says night photography shifts colors). Also asks about the tradeoffs of higher NOx but lower GHG (staff says refineries can use alternatives to flaring and the GHG reduction is more impactful), and whether the 4 FTE was part of the earlier 20 (no)
    • Ross asks about the costs of running flares (Staff says its cost amortized 20 years) and the alternative allowance (staff says there's some CARB complications in certain situations)
    • Crockett notes that the EIR approval includes a statement of overriding concerns over CO2 from flaring but the methane reduction outweighs
    • Gioia says there's been a lot of flaring in Richmond and wants community outreach to address concerns
    • Hurt asks about a flaring notification (staff says they don't have one, but CoCo Hazmat does)
    • Nudd clarifies the CEQA analysis is done on the worst case scenario, and that refineries will likely choose alternatives to flaring
    • 3 online comments, all asking for changes and all asking where's the staff responses to their questions (staff says it's in the board packet rather than on the rules page)
    • Young asks about the alternative compliance method, which allows flexibility for refineries to make efficient processes
    • Lopez asks about the restriction of implementation to the hydrogen plant versus the plant as a whole. (Staff wants to ensure H2 emitters are responsible for what they control, regarding situations involving feeder refineries)
    • Wagenknecht asks about immediate versus regular reporting (staff doesn't think it's too onerous)
    • Passes unanimously
  • No unagendized public comment
  • Board Comment
    • Groom announces she's dropping the call for a meeting with Rep Speier
    • Lopez would like to see comments posted separately
  • APCO
    • 2021 report has been released
    • Expect lightning in July
  • No comment on closed session, and nothing to report

March 16, 2022

Bay Area Clean Air Foundation Section
  • Consent (Minutes Approval): No comment; approved unanimously
  • Overview of BACAF (Breen)
    • Working on CEQA Offset funding, federal wildfire funds, corporate air filter donations (+ new website)
    • Hudson asks how does BACAF get wildfire funds; staff says they were unsure the air district could get them directly, but nonprofits clearly can
    • Wilson asks about a broader awareness campaign; social media and press events are planned.
    • Hopkins asks further on the wildfire funds. Breen says the money to get will only be used to augment the existing filtration program. Hopkins asks further on the balance between wildfire prevention and mitigation; staff says a future meeting will cover that in-depth.
  • BACAF Annual Report + Budget (Schkolnick, Osaze)
    • Continuing prior year projects, implementing CEQA offsets
    • Barrett asks if offset projects stay within the Bay Area. Staff says that is the priority, though any non-local projects will be worked with corresponding AQMDs (Hudson concurs)
    • $9k was spent on overhead (+ tax filing, insurance) to distribute $216k of projects. Roughly similar amounts from BAAQMD General Fund will be diverted this time.
    • No public comments; unanimous approval
  • No other comments
Regular Meeting
  • Announcements at start of meeting
    • Closed Session items shifted to last items on the agenda, so public doesn't need to wait
    • Broadbent provides comments on his retirement
  • Consent Calendar: no comments
  • Introduction to a Hybrid Board Meeting Environment (Sanders)
    • While governments can still meet remotely under AB 361 until 2024, the district staff wants to move to hybrid as the executive order setting the state of emergency is likely to expire earlier
    • The plan is to move the board to hybrid, though the staff remains remote
    • Cutter asks about air filtering at Metro Center; staff says renovations have been made to improve filtering. Also asks about the requirement that a majority of the board needs to be physically present. As long as the SOE is active, that's waived
    • Wagenknecht comments that meetings work better if the chair is in-person; Mitchoff commits to be in-person
    • Rodriguez of MTC-ABAG staff notes that Metro Center is mandating masks still as they cannot ask for vaccination status. Mitchoff thought that this decision was made without MTC-ABAG approval; Rodriguez says this was discussed at MTC and ABAG E-Board earlier
    • Wilson says Suisun City has been in hybrid for a while, and it's been going fine and that they are on the honor system for masking. She asks about symptom checking. Rodriguez says visitors will have to attest to symptoms.
    • Walton corrects that SF still mandates masking in government buildings
    • Gioia builds upon Cutter's comment and asks for a procedure if the "majority in-person" rule is active, given AB1944 is still going through the process.
    • Rice wants to follow whatever guidelines SF imposes, and she wants a majority in-person for socialization. Mitchoff will bring that to Admin committee
    • Rennie concurs, and favors no-masking.
    • Bauters notes that there's been some discussion to make AB1944 urgent
    • Barrett asks what happens if more than a majority arrives. Mitchoff clarifies that it's not a cap but a floor.
  • No public comments
  • Board Comments
    • Mitchoff announces that Wilson is (likely) becoming an assemblymember, and asks her to vote yes on AB1944
    • Hannigan thanks Wilson for her service
    • Wilson gives her thoughts
  • CEO/APCO
    • Interim APCO Crockett gives his introduction, wishes a good retirement to Broadbent
    • No Spare the Air days for Winter this time, but we're still in a drought
    • EPA was called in on a Title VI complaint regarding BAAQMD's failure to follow up on a complaint over Hunters Point project. They found no wrongdoing, though procedures need to be reformed to address general issues.
    • Walton wants to ensure that the district follows up on the original complaint
  • Chair
    • Bauters reappointed to BAAQMD
    • Air & Waste Management Association conference
  • No closed session report

April 20, 2022

  • Consent Calendar: No relevant comments. Passes unanimously
  • Broadbent Recognition
    • 1.5 hours of commendations from colleagues, board members, and a speech
  • Spare the Air Leadership Award to MCE's LIFT Program
    • 7 minutes of discussing the award
  • CEQA Thresholds for Climate Impacts
    • Public comments are mostly in support
    • Young asks if the threshold is optional (yes), when it's activated (projects pre-NOP), why are they mandating EV spots (tieing to CalGreen) He wants a restaurant exemption, and thinks VMT pattern shifts revolve around employment changes
    • Lopez asks about the 6 month defer window requested by some written comments. Staff says the pre-NOP language, though local jurisdictions can ignore that
    • Gioia comments on Young's EV point that EV spots are usually not tied to specific users; Gioia notes that CoCo mandates EV Installed rather than just EV Ready. Staff says they're sticking with CalGreen, which is a mix of installed and ready
    • Rice asks about embodied carbon in construction materials. Staff felt uncomfortable putting that in, as they make a small part of lifecycle emissions. Supports the thresholds otherwise
    • Bauters asks for the 15% value; staff points to CalGreen, and clarifies 15% as the installation percentage
    • Jue asks about the ties to state emission goals; staff defers to caselaw. Jue also mentions potential overbuilding of electrical infra that may add extra load on the grid
    • Mitchoff asks about restaurants. Staff says they didn't comment, and that cities can defer to their Climate Action Plan if uncomfortable without the restaurant exemption
    • Young asks how much gas do restaurants use. Staff can come back with info later
    • Gioia responds to Jue, saying that warehouses that are mandated with EV conduits are also required to install solar, reducing grid load. Notes induction cookers getting more popular
    • Rennie notes the goal is to get rid of gas infrastructure, so what about allowing propane canister cooking
    • Mitchoff is worried about 1 exemption leading to other ones, and asks about existing uses. Staff says the thresholds are about future projects
    • Jue opposes exemptions as they allow new gas infrastructure lines
    • Rice concurs and makes the motion w/o changes to staff recommendation
    • Gioia notes propane impacts are also bad, and verifies with Mitchoff that CoCo is already all-electric
    • Bauters also mentions the health impacts of gas
    • Lopez thanks staff for providing flexibility for local jurisdictions
    • Hurt also concurs with Bauters, Rice et al
    • Passes with Young no
  • No non-agendized comments and closed session comments
  • APCO Comment
    • Waived, except to mention a request for abatement order on Green Sage
  • No Board or Chair comment
  • Closed Session report-out
    • District will enter litigation
    • Assistant counsel also notes of a date typo in the AB361 resolution in consent. Bauters asks if this is a scrivener's error or a substantive one; assistant counsel says scrivener's. Mitchoff re-agendizes it for next meeting to stay safe

April 6, 2022

Agenda Packet, and Presentations
  • Consent Calendar: No comments. Passes unanimously
  • Management Audit Update + Fiscal Year Ending 2022 Staffing Authorization
    Review
    • Phase I (now) is preliminary observations, and analyzing proposed staffing increases in the budget.
    • Phase II (May 30) is a risk assessment to figure out which divisions are to be prioritized in further audits
    • Phase I results are that increases are reasonable (though biased toward external departments like community engagement over internal ones like administrative resourcing), but that HR should be investigated first as they weren't supposed to hire until the audit was done
    • One public commentator pointed out the slide that showed Compliance & Enforcement as being that department making up most of the district's overtime hours as further need to boost enforcement staffing. Another commentator wants enforcement staff with the equipment necessary to do their job, not just cursory looks.
    • Bauters, speaking from the Admin Committee, notes that they've discussed there which departments should be audited, and notes for future agendas of whether audits can be done in parallel to Phase II for shorter timelines
    • Mitchoff asks the consultants if some of the "invalid hires" were internal promotions; consultants says likely yes. Mitchoff then asks APCO Crockett and Director of Information Services Chiladakis; Crockett will do his best-effort to renew confidence, and Chiladakis says the current timeframe for internal reforms is August/September but that the board can set an expedited set of actions.
    • Haubert wants to look at speeding things along so the district can hire people
    • Hopkins acknowledges that the board may have given staff too high of a workload
    • Bauters makes direction (Hudson doesn't like formal motions in an info item) to bring back a task order to get the HR audit done before more hiring, to ensure that the new hires are providing the outcomes the community desires. Chiladakis says that can be done within the scope of the existing contract without board voting.
    • Mitchoff concurs on the HR audit, and reiterates to staff that there is to be no hiring without direct APCO approval.
    • Hopkins asks Crockett if he has enough to work with; Crockett says he will coordinate with auditors on any possible hiring
  • AB2141 and AB2836 Consideration
    • Abbs does note it's a bit weird to bring bills without going through the Legislative Committee, though there's been significant amendments
    • AB2141 sets guaranteed funding for AB617 projects; AB2836 extends the vehicle registration and tire fees
    • Hudson asks how much does AB2141 give to BAAQMD; that's still a CARB question
    • Hurt will do her best at CARB, noting that other AQMDs put pauses on their AB617 projects (as opposed to BAAQMD adding a 3rd)
    • No comments; unanimous support
  • CAPP Funds for Community Grant Program
    • Required for administrative reasons, so that the program isn't tied to a specific year of CARB funding
    • No comments; passes unanimously
  • Unagendized public comment
    • One commentator wants more than 2minutes to comment. Another is opposing biofuels as being as polluting as fossil fuels
  • Chair announcements
    • Mitchoff welcomes Mayor Young of Benicia (replacing now Assemblymember Wilson) and SCC Supervisor Chavez's resignation (to be replaced by Supervisor Lee)
  • Closed Session on district counsel and interim APCO of 1:13
    • Nothing reportable out
  • APCO report
    • Still no Spare the Air days this year
  • Board member comments
    • Hudson counters the public commentators from earlier, saying cutting from 3 to 2 minutes makes comments more focused and that biofuels on airplanes reduce PM (staff to verify)
    • Hurt updates on CARB: commercial harbor craft regulations are under amendment, and she's in Carl Moyer and AB617 review groups
    • Mayor Constantine of Morgan Hill also confirms his resignation
  • April 20th will be first hybrid meeting

March 2, 2022

Presentations

  • Consent Calendar: No comments, but item 10 pulled for discussion. Unanimous
  • Item 10: Bay Area Healthy Homes Initiative (Zamora)
    • Pilot in Contra Costa on asthma, with additional $2m from Attorney General VW settlement to expand to Alameda and do more in-depth retrofits
    • Gioia asks about the requirement to be near transportation rather than stationary sources. Staff says grant required vehicle focus.
    • Hudson asks about episodic zones (staff say not included), leveraging other programs (staff says working on it)
    • Ross asks for material to spread word of the program
    • Hurt asks about taking demographics of outreach. Staff plans to do so.
    • One public commenter asks what happens after the initiative's 2 years. Staff responds that they will use lessons to make future actions more efficient
    • Mitchoff wants staff to look at episodic zones, as well as overall spending progress, within 6 months
    • Rice emphasizes that there is great need for this program.
    • Passes unanimously
  • Brown Act Amendments (Abbs)
    • Reviews the current law, AB361's expiry, AB1944, AB2449, SB1100
    • Bauters asks if AB1944 can be clearer on the definition of "not public" (e.g. is a hotel room a "private" or "public" location)
    • Groom comments that she thinks we're not out of the pandemic yet
    • Hudson likes AB1944
    • Hopkins wants messaging to AB2449's author about its complexity, compared to AB1944. Also the benefits of increased public speakers
    • Hannigan reports Solano County BOS supports AB1944
    • No public commentators
    • Bauters makes the motion to support AB1944 and express concern on AB2449; Hopkins 2nds. Unanimous.
    • Hudson makes further comment that AB2449 doesn't seem to work well with larger bodies
  • One public comment from WSPA rep on a dispute resolution process for Rule 11-18 (Facility Risk Reduction Program)
  • Board Comments
    • Bauters commends the female representation on the board and staff, for Women's History Month
    • Melgar announces SF's ban on gas-powered landscaping equipment
    • Hopkins talks about an Electric Tractor showcase in Sonoma, asks for sponsorship
  • APCO Report
    • April 6 is the 1st hybrid meeting; next BAAQMD meeting to go over procedures
  • Chair Report
    • Reminder to people to show up 30min early next time for Bay Area Clean Air Foundation
    • Hudson now VC on Mobile Source Committee
    • Budget Committee still has vacancies

February 16, 2022

  • Consent Calendar: No comments. Unanimous
  • Agenda Management System (Johnson)
    • Better creation of agenda and attachments
    • Splits agenda to individual items, in addition to the usual one-big-PDF
    • No comments
  • No public comments; no substantive board comments (i.e. jokes of how short the meeting was)
  • APCO Report
    • April 6 targeted to be first hybrid meeting, working with MTC-ABAG
    • Gioia asks about committees; Broadbent says likely April too
    • Miley asks if anything has changed about the building; nothing really, but to be covered in later March meetings
    • Hudson comments that the procedures will look different (e.g. visible empty chairs on camera, no food, etc.)
    • Wagenknecht asks about BCDC, which is different since they're a state agency under Bagley-Keene
    • Haubert says he's likely staying remote, and wants some training on how to go through a hybrid meeting
    • Hopkins does want a meeting or two with the full board in-person
    • Gioia suggest some regional centers (e.g. community college) to accommodate those who are further away from SF
  • Chairperson's Report
    • In reaction to complaints about too many notifications of meetings, Mitchoff has coordinated with staff to end notifications for now

February 2, 2022

Presentations

  • Environmental Justice Training Module: Navigating Conflict through Collaborative Problem Solving (Eady)
    • General Review of Conflict by Eady
    • Conflict Resolution with Sarah Rubin from the Department of Conservation
    • Board members take the Thomas–Kilmann Conflict Mode Instrument
    • (Meanwhile, a bunch of board members came late due to misunderstanding meeting started at 9, not 9:30)
    • Review of the Richmond Progressive Alliance's Listening Project
    • (Minor dispute on how much time the presenters had)
  • Closed Session for ~1:15
  • One public commenter on oversight over the Eagle Rock Aggregate Project
  • Mitchoff congratulates Wilson, Hurt, Chavez over their re-appointments

January 19, 2022 (Board Retreat)

Presentations

  • Consent Calendar: No comments; passes unanimously
  • Opening Comments and Board Structure/Administrative Overview (Mitchoff, Broadbent)
    • Review of what's going on, what is the structure of BAAQMD
    • 399/444 positions filled, ongoing efforts to recruit
    • Budget did better than expected due to economy; next budget will have more hiring (via Management Audit) and take into account inflation
    • Cultural Advisory Team provides presentation on mentoring, reviews
    • Mitchoff clarifies that increase in permit revenues is from more activity, not higher fees
  • Air Quality Overview (Chiang)
    • Definitions, Emission Source Info, and Ambient Emissions Info
    • Cutter asks how the district collect ethnicity data for emissions exposure; staff says based on census block information
    • Rice asks how CalEnviroScreen matches district data; there's differences in geographical scaling, as well as taking more factors into account in CalEnviroScreen other than air pollution. But roughly approximate
  • Review of Key Stationary Source Issues (Breen)
    • Implementation, Enforcement, and Wildfire Reaction
    • Haubert asks about the rise of backup generations due to PG&E PSPS, how permitting of them can be sped up (staff is working on it). Also asks about differences of Violation Notice by Environmental Harm vs Administrative issue (staff pushes back on treating them as completely separate). And asks about wood burning (currently only banned in Spare-the-Air due to remaining dependencies in the North Bay, but a full ban may need to be brought back soon)
    • One public commenter wants more action to find non-fuel-burning backup generators; another wants the district to be more ambitious, especially on PM2.5 that isn't from companies
  • Community Equity and Environmental Justice Overview (Eady)
    • AB617, Grants, Partnerships, Equitable Programs (like Air Filtration)
      • Cutter wants San Leandro's AB617 designation sped up (could get merged with East Oakland); Bauters wants better messaging on how areas are ordered
      • Mitchoff asks for an expansion of Air Filtration program, which was limited due to lack of funding
    • Advisory Council, DEI
      • Bauters is excited at Participatory Budgeting
      • One public commenter asks if the Council has autonomy (staff says yes, if a bit bumpy at start)
  • Regulatory Agenda Overview (Nudd)
    • Hydrogen Plants, Building Appliances, PM Permitting, etc.
    • Hurt asks if BAAQMD will do something similar to SCAQMD's warehouse rule; staff figuring out how to prioritize and is working with southern CA folks. Gioia echos working on this
    • One commenter asks for faster progress on wood-burning rules, two on the Building Appliances rules, and one on the Hydrogen Plants rule
  • Legislative Overview (Abbs)
    • Budget, State Lawmaking, Federal Advocacy
    • Asm Wicks to handle increased penalties, Lee with Charter School air quality requirements
    • Gioia says Contra Costa will devote some lobbying resources to penalties
    • Bauters wants greater accountability from the lobbying team to follow up on board decisions, especially on active transportation reimbursement and board composition
    • Two commenters want board members to do more legislative advocacy to help district priorities get through, as well as asking for public appointees to the board
    • Gioia, Hurt echo these commenters' points
    • Mitchoff points out that those topics were referred to discussion rather than set as board position; Broadbent concurs, and points to the Advisory council as the interim solution
  • Board Development and Committee Assignments for 2022 (Mitchoff)
    • Budget and Finance comes back, set on 4th Wed
    • Hurt will reschedule CEHJ committee since Walton can't make the dates
    • Mitchoff sets 2 min/public speaker default for all committees. Also no reading emails
    • Mitchoff sent 2 books to each board member: Regeneration by Paul Hawken, and Fuzz by Mary Roach

December 15, 2021

1.5 Hours of Closed Session (Eval on APCO and acting Counsel)
  • No public comments; nothing reportable
Consent Calendar
  • No comments; passes unanimously
Public Hearing on Rules 2-1 and 2-5
  • Defines Overburdened communities (70th percentile CalEnviroScreen 4.0 tracts) vs state's disadvantaged communities (75th), with special notification rules
  • Longer review periods (completeness: 21 days becomes 30 for routine, 60 for complex; review: 49 to 60/180)
  • Staff will look back 5 years of history (rather than 3), and have a stricter cancer risk limit (6 in 1mil vs 10) in overburdened communities
  • Updates from the Office of Env. Health Hazard Assessment in trigger levels and gas station assessments
  • Requires 12 new staffers; but cost recovery to be determined in future fee discussions
  • (~7) Public comments range from wanting a uniform risk limit, transparency, these rules being just business as usual, water districts wanting changes, issues about exemptions with existing polluters, and trusting the process
  • Staff pushes back on the water districts by noting the plants are usually in overburdened communities and are a source of air toxics, and does recognize that this is a long process (with asthma tackled by PM rules instead)
  • Cutter is on a wastewater treatment board, but thinks the current plan is sound. Gioia also agrees
  • Hurt asks about the asthma risks. Staff says due to PM being both regional and local, they're still working on a framework to address.
  • Rice asks if this is the first time an area definition exists for BAAQMD; staff says yes
  • Passes unanimously, with additional direction for board report backs
Commendation for outgoing-chair Chavez
  • (new chair) Mitchoff, Bauters, Miley, Hudson, Ross, Gioia, Haubert, Wagenknecht, Rice, Jue, Hurt, Broadbent give their commendations
  • 2 public commenters are a bit less glowing
  • Chavez giving her speech to commend the board and staff
Unagendized public comment
  • two want a EJ/Pub health seat on the board, and a late commendation
APCO report
  • CPUC accepted BAAQMD comments on middle-mile infrastructure
Chair report
  • Next meeting will have an in-person option at Pleasant Hill on 1/19
  • Also a celebration of Margaret Gordon's birthday, and a remembrance of Steven Nadel

December 1, 2021

  • Consent Calendar
    • No comments; passed unanimously
  • Environmental Justice Training Module on Partnerships and Power Sharing
    • Going through board members' neighborhood experiences, procedural justice, the environmental justice principles, what the district is doing
    • Vernice Miller-Travis makes an appearance on a discussion of the 30th anniversary of the People of Color Summit
  • No other comments, from board members, public, or APCO

November 17, 2021

  • Consent Calendar:
    • 2022 Board officers: Chair Mitchoff, VC Bauters, Secretary Hurt
    • No public comments
    • Hudson asks staff about 7.2.A.3 ($2m Charge! program allocation for multifamily buildings in AB 617 areas) on which AB 617 areas are targeted (e.g. Richmond) and whether it can extend to more buildings. (Cindy punts that to staff to respond in writing)
    • Chavez also thanks the work done for 8.2 (Selecting the new members of the Community Advisory Council)
    • Passes unanimously
  • EJ Training Module on Structural Racism and Environmental Injustice (Eady):
    • Continuation of the previous session due to timing overrun
    • Deldi Reyes from CARB is back to present
    • Covered bias, microaggressions, redlining, partnering, models of change
    • Some discussion over the 12/1 training, since a bunch of Supervisors have a CSAC conference that week. Decided to start the meeting 30 minutes earlier at 8am
  • COP 26 Report Out (Broadbent, Young, Bauters/Hopkins/Hurt):
    • BAAQMD there to inform, learn and network along with the rest of the CA delegation
    • Two public commentators: one from Biofuelwatch noting that only 1/3 of the usual civic organizations were able to make it, another environmentalist that shares in disappointment of the lack of results and wanted more 2030 targets rather than 2050, and another saying that the networking side of COP26 seems to be more productive
    • Ross wants informational materials that can be spread to others, perhaps running a local COP
  • Other Comments
    • No public comments
    • Chavez congratulates Jue on two-year renewal on the board as proxy for Mayor London Breed

 

November 3, 2021

  • Consent Calendar: 2 emailed comments (in support of the proposed NOx equipment bans in Stationary Sources Committee). No other board comments.
  • Refinery Rules Definition Item (AQ Specialist Crowley):
    • 2 public commenters, both in favor of the regulations
    • Gioia, Bauters, Hurt speak in support
    • Passes unanimously
  • AB 617 Plan for East Oakland (Dep Executive Officer Eady)
    • 2 guest speakers from Communities for a Better Environment and the East Oakland Collective
    • ~10 public commenters, all in support
    • Cutter asks whether San Leandro could be added (Eady says that since they're in the border of the current plan, San Leandro will be a part of it)
    • Miley is in strong support, representing the area. Also provides a history of the political dynamics of Oakland and the importance of land use
    • Chavez wants staff to later present what stage other community efforts (e.g. Vallejo) are at
    • Passes unanimously
  • Unagendized Public Comment
    • A comment on Chevron flaring activity in Richmond, a WSPA rep comment about a short review period, a comment on wood pellets, a comment asking for distributed inspectors to quicken response to complaints
  • APCO Report
    • Breen presenting it this time, speaking on transitioning to Winter Spare-the-Air season of less Ozone, more PM
 

October 20, 2021

 
Report is shorter this time, given that this meeting is a non-policy workshop that doesn't need per-director notes.
  • Consent Calendar: No public comments, no board comments
  • Training on Structural Racism and Environmental Injustice (Eady)
    • Chavez, Hurt, and Jue provide the framing
    • Eady introduces her CARB collegue Deldi Reyes (Director overseeing AB617)
    • Adaptation of Government Alliance on Race and Equity materials (through CalEPA)
    • Played a video from WGBH/PBS called How America Invented Race, reviewed this ABC article on pain management misconceptions
    • Discussion of explicit and implicit racism from government policies and society, and a Normalize-Organize-Operationalize model of change (from GARE)
    • One public commenter (Jan Warren), who likes the that the board is doing training
    • Chavez ends session early due to the discussion making them go past allocated time
  • Unagendized Comment has Tony Fisher, again asking for an expansion of their air quality monitoring to determine Spare the Air days
  • Miscellaneous reports
    • Rennie brings up Harvard's Project Implicit
    • Hannigan comments that it's been difficult to get other supervisors on board for racial equity training, also mentions DiAngelo's White Fragility
    • Broadbent has nothing to report
    • Chavez continues to ask people to send nominations for next year's board officers by 10/29

October 6, 2021

  • AB 361 Resolution (Sr Dep EO of Operations Breen, Leg Officer Abbs)
    • Hudson asks for the renewal to be added to every agenda under consent, given the uneven cadence of meetings
    • Passes unanimously, no comments
  • Consent Calendar
    • No public comments
    • Hopkins mentions that she too is going to COP26 (via Global Council for Science and the Environment) and would like to coordinate with BAAQMD's representation (Bauters, Hurt)
    • Chavez asks staff to bring up a future travel policy to clarify who should be going to events
    • Passes unanimously
  • Lead in General Aviation Fuel (Dep APCO Nudd, SCC Dep Exec Gallegos)
    • Aircraft produce 88% of Bay Area lead emissions
    • 2/3 of piston aircraft can now use unleaded avgas [aviation fuel]
    • EPA was supposed to declare aviation lead was dangerous in 2017, but didn't follow through
    • Staff request is to ask EPA to follow through, get Cal DPH to conduct studies, and check-in with other air districts
    • Gallegos goes over San Jose's Reid-Hillview airport, which has had a history of previous closure attempts
    • Goes over Lead Study, which says rise in blood lead levels similar to that in Flint
    • Three comments in favor of taking action against lead
    • Haubert wants the district to be a pioneer
    • Mitchoff notes that the FAA can be hard to deal with
    • Barrett asks what legally defines a general aviation airport
    • Ross asks about another contaminant, acrolein
    • Bauters answers Barrett, as he used to live near an airport. Mentions previous lead work
    • Hudson asks exactly how much higher is blood lead levels compared to baseline, wants better reporting before we expand one county's issue to all 9
    • Chavez responds by mentioning this was adjacent to discussion on Reid-Hillview's closure, and that lead is still a danger despite the federal guidance being contradictory
    • Constantine also notes that some discomfort against unleaded avgas is that airplane manufactures have had a spotty history with them, which furthers the point of needing future mandated use
    • Wagenknecht clarifies that the request isn't to shut down all Bay Area GA airports, just shift them away from leaded fuels
    • Hurt supports, mentions the San Carlos airport and its lead studies. Asks about larger airports' sustainable fuels (Breen says experiments are ongoing)
    • Gioia also mentions the definition of GA airports, as well as the long-term outlook of renewable (but not zero-carbon) fuels. Asks if this can also be addressed by banning the types of planes
    • Rennie notes it takes time for government agencies to catch up to medical research. Also notes closures shift airplanes to other airports, meaning that it's more important to spread awareness of the unleaded avgas
    • Miley asks on the terms of engagement. Chavez says the outreach plan will come back for approval
    • Hopkins mentions that her county should probably start studying this issue too, asks whether BAAQMD itself can do some initiative
    • Hudson asks if shipping also has leaded fuel. Breen says no, but there's heavy metals instead
    • Mitchoff asks what "educating local governments mean." Chavez says that will come back for future discussion.
    • Passes with Hudson no
  • Climate Protection Update (Plan Dir Hilken, Mgr Young)
    • Reviews recent IPCC "Code Red" warning, as well as equity issues
    • Good chunk of emissions are passenger cars, oil refineries, and energy production
    • Various campaigns to target buildings and transportation
    • Methane emissions mainly from landfills; waste diversion and landfills rules apply
    • Potential rulemaking on flourinated gases (fumigation, HVAC, refrigerators)
    • Discusses relationships and work with local government programs, as well as rulemaking limitations due to other agency preemption
    • Four public comments, in general of pushing for more efforts in this space.
    • Ross wants a push of EV [electric vehicle] infrastructure in multifamily residential and AB617 areas, a look at batteries as backup, maybe a COP26 for Bay Area officials as education, and relooking at a Carbon tax
    • Rennie wants continued partnerships with CCAs, getting CO2 oversight back, hydrogen certification (Breen says that's somewhat CEC territory)
    • Mitchoff is now acting chair as Chavez left, and cuts Rennie's 2nd question to maintain quorum for closed session
    • Hopkins wants a Venn diagram of which agency's actions overlap another; also want to see a carbon tax or similar thing (congestion fee), as well as how wildfires affect carbon emissions. Also asks staff on federal efforts (Mitchoff punts to Leg Committee). Also perhaps a coalition of local governments and schools.
    • Rice asks on effectiveness and metrics, as well as goes on the battery backup (for telecoms). Also talks about lawnmowers (Mitchoff punts to Mobile Source Committee)
    • Jue echos Rice on measuring effectiveness. Also asks what the state is doing in the meantime on CO2 reduction (stuck in CARB under cap-and-trade scoping). Also likes carbon tax.
    • Hurt wants staff to pickup easier rulemaking as directed in 2017's Clean Air Plan (Nudd says they don't have any easy ones left), as well as talks about landfill methane emissions. Also as a CARB member, she reports they've been working on how to delegate to local governments
    • Mitchoff cuts off comments to get to Closed Session given people have been dropping
  • ~20 minutes of Closed Session
  • Tony Fischer of the Clean Air Network is the only public speaker, asking for BAAQMD to collect more data that might trigger more Spare-the-Air Days (given some monitors don't track PM2.5)
  • APCO Report (Jack Broadbent from car)
    • This year's weather has been doing a good job of keeping smoke out, but fire season not done
    • Eady presents the first Environmental Justice officer Suma Peesapati, who worked in CalEPA and the Attorney General's office
  • "Chairperson's" Report (Mitchoff reading Chavez's notes)
    • Chair/Vice Chair/Secretary elections happening in 2nd meeting in November
    • Thanks Haubert for being liaison to Advisory Council

September 15, 2021

  • Consent Calendar: Passes without comment
  • Flex Your Commute and the California Public Utilities Commission (CPUC)'s Broadband Work
    • Lisa Fasano, External Affairs Officer, Presenting
    • Implement Plan Bay Area 2050's items on transportation and target WFH [wprk from home] share
    • FYC focuses on advertising to and educating employers
    • PUC's broadband efforts (Rulemaking 20-09-001) underway
    • SB156 gave $2b of ARPA and state funds to PUC for broadband
    • No public comments
    • Chavez speaks on the need to create WFH infrastructure
    • Cutter wants to make sure elderly concerns are addressed, and discusses if phone hotspots can be discussed (from experiences with school internet)
    • Gioia says that BAAQMD should just support cities and counties, and that they shouldn't focus on where WFH is already high (because it's high now because of good connectivity)
      • Chavez says BAAQMD will follow CSAC (county association), and that the focus is "reducing trips," which goes beyond WFH (like telehealth). BAAQMD likely not asking for money
    • Mitchoff asks if in communication with the California Emerging Technology Fund
      • Chavez says there's discussions happening
    • Ross brings up the need for flexibilities in government franchise agreements with cable companies, modifying commuter benefits to also reduce SOV [single-occupancy vehicle) driving
    • Barrett wants more work on undergrounding for risk mitigation
    • Hudson talks on relationship of autonomous vehicles and broadband
      • Fasano says Contra Costa Transportation Authority supports BAAQMD's efforts
    • Canepa tells stories from his Daly City experiences
    • Wilson asks if staff is taking all of the PUC comment work
      • Chavez says timing is tight, but committee should be done in the future
    • Rennie echos Gioia's point on "those WFHing already have the infrastructure" and wants to be broader than just commutes
    • Hurt asks what the FYC are currently used for, and if BAAQMD talks to Commute.org
      • Fasano says Commute.org discussions happen, only $50k has been spent (on kickoff, press, and research)
    • Chavez proposes friendly amendment for BAAQMD to use CSAC's lobbying firm; amendment incorporated
    • Passes unanimously
  • Attorney General’s funds for the Clean Air Filtration program
    • Idania Zamora, Assistant Manager, Presenting
    • Program covers smoke, asthma triggers, transportation emissions; the Bay Area Healthy Homes Initiative (BAHHI) also covers climate pollutants
    • BAHHI extends a 2018 Contra Costa project to expand to Alameda
    • No public comments
    • Rice asks what the rough need is, and that prioritization should focus on high-asthma.
      • Zamora says there's not an estimate, but that all programs have spent their funds
    • Haubert asks what is the cost to serve, and whether Medicare covers some things
      • 70 additional CoCo projects, 35 new in Alameda over 2 years (expect 1000 homes, since if they retrofit multifamily, others get the benefit). Funding is leveraged as much as possible
      • Motion amended to provide a report on how funds were spent
    • Wagenknecht asks again for a "lessons learned" to see where costs go
      • Zamora did send itemized list in state application; Chavez confirms it will happen to assist Napa
    • Canepa also wants such programs in his part of the Bay Area
      • Nudd says we need to demonstrate cost-effectiveness first
    • Gioia likes the local government partnership, would like to get their views
    • Jue asks what were the Attorney General's requirements, and how exactly are funds leveraged
      • Additional $1k/family. AG does have reportbacks
    • Passes unanimously
  • Wildfire Mitigation Designation Reserves
    • Tracy Lee, Manager in Compliance and Enforcement
    • Basically needed to prepare and expand programs for this year
    • No public speakers
    • Mitchoff asks whether funds are equal per county
      • Breen says no, as it's dependent on what each county does and funds are generally first come first serve. But it's roughly proportional to population
    • Hudson would like more money for wildfire mitigation
    • Rice praises the shift to a proactive mode; also asks about eligibility and overlap with the other CAF project
      • Breen says no estimates currently, but a report back at the end of the month should provide details; will try to spread funding across as many people as possible
    • Canepa asks about staffing sustainability and comments on equity
      • Broadbent says the management audit is going through, and this program is relatively new. More staffing likely needed
    • Chavez amends motion to show how this and the previous programs are separate, and there's an assessment on partnership capacity
    • Passes unanimously
  • One unagendized public comment from Brian Hubinger of Chevron on more renewable natural gas production from recapture and efficiencies, and talk about hydrogen fueling infrastructure
  • Broadbent reports a rise in days of high ozone and PM, and that the current lack of wildfire smoke PM won't last very long
  • Chavez notes that there's more meetings in October and November for equity workshops

September 1, 2021

Bay Area Clean Air Foundation (BACAF):
  • Commendations for departing Director Kurucz
  • Damien Breen gives overview; no one commented
    • Basic start of BACAF was to accept corporation donations during old Spare-the-Air free transit days, without it looking like BAAQMD was being paid off by said corporations. Later led to EV [electric vehicle] projects
    • 2018 explored expansion of roles, but no reasonable expectation of return was found
  • Breen gives the annual report; unanimously received
    • Money from Unocal class action spent on ZEV [zero emission vehicles]  in Oakland, Richmond
    • Hurt asks who got the grants; Breen says mostly private entities
  • Stephanie Osaze gives the proposed budget; unanimously approved
    • Budget is mainly just administrative overhead; no new funding sources
    • Hudson asks about an asterisk on the presentation; staff says wording was left off covering why there's a gap of $700k between years (because of said lack of new funding sources)
  • Director Appointments; unanimous approval
    • Outgoing board made suggestions
    • Reviews Raegan Patterson's background (as others' already in packet). Previous experience with BAAQMD and OEHHA.
    • Hudson asks if this is the first non-BAAQMD staffer as director; Breen says the usual is 2 staffers 1 outsider
  • Single public commenter talking about speeding up on a methane rule (that technically isn't for this board)
  • Hurt makes a comment on asking people to apply for the Community Advisory Council (Sep 7). Mitchoff concurs on outreach
Regular Board Meeting
  • Commendation on outgoing advisory councilmembers Hayes, Long, Lipman
    • Ross, Hudson, Gioia give some words. Hayes, Lipman gives thanks
  • Consent calendar passes with no comment
  • Tracy Lee gives the update to the Clean Air Filtration Program
    • More fires than ever; fire risk high until December
    • On shore winds keep existing smoke mostly out of the Bay Area
    • More diesel engine use due to PSPS and ELRPs
    • Partnership with Regional Asthma Management & Prevention (RAMP) for home air filters
    • Looking for more partnerships in the North Bay
    • Hudson wants a leasing program where portable air cleaners can be placed near shopping centers; staff says it exists with OES partnerships
    • Rice wants to know if BAAQMD wants connection with county Federally Qualified Health Centers; staff says yes
    • Hopkins wants to check with County Health departments, with specific targeting of Youth and Seniors; staff recognizes they work mainly emergency mode
    • Ross asks if N95s are going to be distributed; staff says (smoke) masking is usually a last resort
    • Hurt asks if resources for DIY techniques can be distributed; Chavez says that's previously covered, though staff should make it tidier
    • Gioia recognizes Health Officers' opinions on masking, but still pushes for mask inclusion for those who can't stay indoors (e.g. the homeless); Chavez directs that to committee
    • Jue favors looking at the indoor situations first; also wants things translated
    • Hudson emphasizes on masks we're talking about N95, not surgicals
    • Chavez thinks that we're not going to be talking about "smoke seasons" anymore; also ensure communications are short and culturally competent, and a position on masking
    • 1 public comment: one Contra Costa resident on at-home filtration as well as if the district could look at air conditioning as heat rises
  • 1 unagendized comment: Brian from Chevron Richmond talks about Green Hydrogen at the Republic Services Landfill
  • No Board Member Comments
  • APCO Report:
    • We're in Ozone season, as well as the period where off-shore wind becomes dominant (e.g. worse smoke)
    • Bill updates: AB361 (teleconferencing), AB339 (hybrid meetings)
    • Management Audit initiated
    • California Public Utilities Commission (CPUC)  moving forward with $100m in broadband, which is relevant to the Cut the Commute initiative and Plan Bay Area. Recommends 9/15 meeting for the board to join the proceedings
    • Gioia wants to make sure BAAQMD isn't going independent of CSAC (California State Association of Counties) and LCC (League of California Cities) on the CPUC actions; Chavez says CSAC in talks
    • Hudson is welcoming of this, given what he's faced with 5G and EMF concerns in his community
    • Barrett also brings up the fire concerns on underground utilities, also concurs on 5G
  • Chair Report
    • Brings up lead study. Wants staff to look at lead standards and monitoring.
    • Also brings up Community Advisory Council
    • James Cary Smith community grant applications open
 

August 4, 2021

Short BAAQMD meeting (1hr 7min), with no public commentators and no board comments on anything outside of closed session.

  • ~50 minutes of Closed Session for CEO evaluation; no public commenters
  • Consent calendar passed with no public or board commenters
    • Includes accepting $8.4m from CARB for Clean Cars for All, receive update that Rule 13-5 (Hydrogen Total Organic Compounds) and refinery re-definition come up in Q4, receive update that the Richmond Community Steering Committee meetings are underway
  • While staff prepares CEO labor agreement language, agenda is skipped to CEO report back (as there's no unagendized commenters nor board member report backs)
    • Staff is monitoring changes to offshore wind patterns that would interact with wildfire smoke, prepared to give more responsive communications when smoke conditions get worse
  • Chair Chavez gives her report, which is regarding the Lead Hazard study from Reid-Hillview and how it's educated her about lead effects on children
  • Item to allow the Chair to negotiate with the CEO to switch his contract from evergreen (auto-renew) to fixed-term with end date of 12/31/2023, with final agreement to come back to the board in open session, is approved with no comments from anybody

 

July 21, 2021

 
  • Continuation of the previous Rule 6-5 discussion
  • Staff has list of last time's speakers to remove from queue
    • Still, two and a half hours of comments, from the usual two sides
  • Staff answers questions from the public comment?
    • Was CEQA done? Yes, in 2018 from the EIR for AB 617
    • Are Wet Gas Scrubbers (WGS) mandated/is the standard realistic? Strictly speaking no, though it's rare to find alternative technologies that are as particulate matter (PM)-reducing
    • How significant is WGS water use? Would be a 3-4% increase in refinery total water usage, or 0.2%/0.8% of EBMUD/CCWD totals
  • Bauters, speaking from SSCI experience, says a dozen meetings have been held for this rule from start to now. Says the stringent rule fits under Best Available Retrofit Control Technology, that water use is nominal, WGS aren't mandated, and that the health impacts must be prioritized. Tries to balance the workers-environmental balance by assigning blame to the company
    • Makes the starting motion, after his internet dropped for a while. Walton seconds
  • Hudson notes that the directive is to get the most technologically feasible and cost-effective strategies. Says that most PM emissions are from residences rather than refineries, would want to see the old 0.02 draft.
  • Constantine goes back to the water use, verifying it's about 2k homes worth of water per refinery; staff concurs. Tries to pin down the arg of "while BAAQMD can't mandate technology, this really is a WGS standard." Then moves to ask if litigation occurs, how long would it take and is the rule stayed. Staff says the injunction is usually unsuccessful, and that lawsuits will be finished within the 5 years between enactment and enforcement.
  • Wagenknecht starts with saying he's heard doom-n-gloom from both sides, but that he will be voting for the rule today. He wants the district to look at how to better recognize and protect union jobs though.
  • Canepa doesn't like the hyperbole in the discussion, the lack of just transition discussions from the public. Notes that the staff reports have discussions of uncertainties in the rule impacts. Would rather have the old stair-step strategy, since then some of the mandate would be in effect rather than waiting the 5 years. Also wants more discussion on a just transition as 6-5 imposes the largest cost on refineries in district history. Concerned about the long-term trend on the refineries, and that other government bodies aren't planning the transition well.
  • Haubert talks about the litigation again (Latham-Watkins), on whether the EIR should have alternatives. Staff rebuts the refineries lawyers' concerns, as well as addressed some of Canepa's concerns (worked with EPA and OEHHA). Worries that the lack of providing the 0.02 option increases litigation risk.
  • Groom supports taking strong action to protect public health, but is also aware of the concerns labor has been bringing up
  • Ross notes that this is the first time all sides agree that there should be some rule. Wants to verify if the reductions of the 0.02 is about 70% of the reductions of 0.01; staff says it's closer to 50%, though it depends on the refinery. Also brings up PBFs concerns that a WGS is physically impossible to install; staff pushes back against that. Also asks about the timeline of litigation; staff says 1-2 years max; asks how settlements go, leading to a discussion of how far the rule can be delayed. Wants more discussion to be more legally defensible
  • Gioia supports the standard, notes that every rule BAAQMD makes gets refinery pushback and lawsuits; also wants the district to better listen to the concerns of workers. As a former EBMUD board member, he also notes that the water use is nominal
  • Mitchoff is concerned about job losses and would like both options to have been presented, concerned also about litigation. Makes a substitute motion to present both options. Ross seconds.
  • Bauters questions the need of the substitute motion if it's equivalent to the approval motion dying and the alternative is brought back. Mitchoff continues with her motion
  • Barrett concurs with Gioia's telling of BAAQMD history, rebuts Hudson using Spare the Air days when that's usually on wildfires. Argues that BAAQMD should be leaders in fighting climate change, and that the environmental and health advocates aren't paid to speak today
  • Rice aligns herself with Bauters. Notes that despite the 5 year delay, the rule reduces emissions more in the long-term. Also says the concept of the refineries shutting down over this rule very unlikely given the complex economics
  • Melgar also agrees with Bauters. Argues that the stricter rule is a moral requirement, following SF's environmental goals.
  • Miley aligns with Bauters-Rice-Gioia. Notes that lawsuits were always in the picture. Supports the BAAQMD rulemaking process.
  • Rennie supports Bauters' argument against the substitute. Wants to verify if the water used in WGS is recycled. Staff says they cannot mandate that, so the default assumption is fresh as there's costs needed for recycled water. Emphasizes health impacts, as well as the long-term trends in the industry
  • Hurt emphasizes the human right to a clean environment, the general racism in refinery placement and the constant calls of "Wait."
  • Abe-Koga agrees with Bauters and staff that the alternatives were already presented in June. Also calls out the racial injustice and effects on future generations.
  • Jue trusts the staff and the process, tired of the refinery's tactics. Does want to address labor, as this is not the first time this situation will occur
  • Constantine would rather bring back the options that kick in earlier and is in favor of Mitchoff's motion to do so
  • Hopkins emphasizes that they're an air district in charge of reducing pollution, and that WGS are not a rare technology. Also think the companies are using their employees as pawns in this whole discussion, and agrees with Abe-Koga that future generations' lives are at stake
  • Wilson looks at AB 617 and the needs to shine an equity lens on air pollution
  • Ross still has doubts on whether it's better to enact a rule that kicks in earlier, but he does withdraw his second from Mitchoff's substitute. Mitchoff also withdraws, though she's travelling to a funeral and has Ross say that
  • Cutter talks about the duty towards future generations, also points out that 5 years could bring in alternative technologies to WGS
  • Chavez points out that there's been 16 meetings on this topic. Reflects on labor background, saying she's numb to talk of a just transition without the transitioned jobs. But points out that refineries did not put effort to work with the district. Would like staff later to come back with rulemaking improvements to deal with this labor-management mix, and more efforts to push an actual just transition
  • Vote:
    • Aye: Hannigan, Walton, Wilson, Abe-Koga, Cutter, Jue, Hopkins, Constantine, Gioia, Rice, Groom, Melgar, Miley, Haubert, Barrett, Rennie, Hurt, Bauters, Chavez
    • No: Hudson, Ross, Canepa
  • Nonagendized public comment included a speaker talking about bioethanol engines, another asking for more recent toxic air contaminant info, and one on an anti-racism resolution

July 7, 2021

  • More absences than usual (This is the reason why Rule 6-5 is not heard)
  • Consent Calendar passes with no comment from either board or public
  • Advisory Council Selection (Terri Levels, Dir. of People and Engagement)
    • Recruitment between June 2020 to February 2021
    • Staff, Community Advocates, and Board Members did screenings
    • 3 Renewals, 4 New. 3 Incumbents not selected
    • One public commenter in support of the process
    • Board members supportive of the process, asking some light questions (who interviewed who, how many not re-appointed, how to improve for next time)
    • Approved without objection
  • Wildfire Program Update (Tracy Lee, Mgr in Compliance & Enforcement)
    • This year is drier than last year (~35% typical rainfall vs ~49%)
    • Significant fire potential in Northern California (Jul-Aug: Tahoe to Shasta. Sep-Oct: Bay Area and above)
    • AB 836 is a Clean Air Center Pilot Program in Vulnerable Communities (think HEPA HVAC retrofits for community centers)
    • CARB has $5mil to spend on AB 836, but the timeline for the money is probably after this fire season
    • In the meantime, staff would like to use "woodsmoke" reserves to spend $100k/county on portable filters during wildfire events
    • Partnerships with counties underway, with MOUs due August.
    • Haubert and Hudson ask if AB 836 could apply to this fire season if the season extends very late (Nov). Staff says it's possible.
    • Melgar wants to know if these are the only wildfire programs, and how is climate change factored in. Breen says they do others (e.g. wood chips), and climate change is studied alongside
    • Barrett, Cutter, and Wagenknecht are wondering why the money is coming from the woodsmoke funds. Broadbent says EPA is contributing funds to that area.
    • Rennie would like a report on mitigation and prevention
    • Motion to allocate funding unanimous
  • Wildfire Mask Messaging (Judith Cutino, Health Officer)
  • Community Engagement Grant Program (Veronica Eady, Sr Dep EO of Policy and Equity)
    • James Cary Smith Grants: 1 yr grants up to $25k. 42 given since 2016
    • Community Health Protection Grants: 1 yr grants up to $50k with 1 yr renewal. 7 given since 2019, as the program was AB 617-driven
    • Evaluation discussed by focus groups and the CEHJ Committee
    • Proposal to merge the grants, to award $750k total per-year with individual grants larger and longer ($100k per yr for 3 yrs). Also more technical assistance
    • Activities eligible: needs assessment (research/reports), community organizing, authentic participation (planning/facilitation), build capacity to lead
    • Timeline is guidelines released July, with applications due Sept so awarding can occur Oct
    • Hudson worries that the merger might restrict all grants to AB-617 areas. Staff says grants are still open to whole Bay Area
    • Chavez wants the community check-ins to provide truth if more flexibility is needed and introduce cohorts to improve regional learnings
    • Motion to release the guidelines unanimous
  • Member Reports
    • Hudson: pleased on staff panels on PM and fire. Rather have in-person events
    • Gioia: Presentation on Clean Air Day (10/6). There's work by agencies to try to get free transit on that day. Micro-grants ($1k) are also available
  • EO Reports
    • Only 2 instances breaching ozone limits so far
    • Working on a "Choose Transit" ad campaign with MTC + Transit Operators under Spare The Air
  • Chair Report
    • Hurt: Community Advisory Council in the works. 15 seats, with recruitment later this month
    • Chavez: Congratulates Gioia for renewed term on BAAQMD. Then gives the run-down on the Rule 6-5 meeting on July 21 and how the public can comment (30sec chunks). Recommends board members to allocate the whole day, starting at 8:30am

June 16, 2021

  • Meeting begins with a 30min closed session with labor negotiators, with the agreement being Item 16 in the consent calendar
  • ~22 items on consent, with Hudson pulling off the one about paying a particular steering committee's co-chairs $100/meeting + $300/month stipends (passes anyway)
  • 2nd Public Hearing on Regulation 3 (Fee Increases)
    • Board Policy is 85% minimum cost recovery. As a result, fees that aren't making it and going up a lot (if <50% CR, maximum legal increase of 15%; if >95%, inflation adjustment only)
    • Mixed public response in the workshops (pandemic effects, transparency, why not 100%, etc.)
    • Power plants get ~9% total fee increase; refineries ~7-8%; gas stations 6%; body shops 12%; backup generators 6%
    • Hurt asks why WSPA and CCEEB's comments were pointed out but not others; staff says these were the only written ones
    • Bauters asks where was the discussion of 100% CR; CFO McKay says CR study is underway, to be discussed in the budget item
    • Cutter asks whether the penalty funds go back to the community rather than only support the bureaucracy; Damian Breen and McKay says fines currently go to general fund, but could be redirected to specific communities if board wants to do so. Chavez punts this to when the fee recovery study comes back; Gioia agrees cost-control is important to look at
    • Increases approved
  • 2nd Public Hearing on Budget
    • Working on getting better cost-recovery; fees going up 6% a year since 2012. Would take 6 more years to get 100%
    • Study be conducted to see if they can shorten the timeline, or tailor fee structure better (e.g. small business vs refinery)
    • Pandemic put a pause on fee increases except for a state program (AB617), as well as used $5.2mil of reserves
    • New budget uses $0.5mil to build out a new Richmond HQ; in the meantime would hire ~30 people
    • Management audit to assess staffing resources is going on in the background
    • No public speakers
    • Bauters asks why is the CR study "looking at 85%+ target" if board approved 100% in today's consent calendar (20.2B); staff says that study parameters were set before today's action, but staff will take into account today's action
    • Constantine asks why a 90% target for Funding of Retirement Liabilities if CalPERS treats 85% as fully-funded; staff says CalPERS info is a bit off
    • Haubert wants to compare costs and hiring with other AQMDs. Chavez and Broadbent say that's what the management audit is for.
    • Canepa asks what's the biggest differences with budgets of the past. McKay says new state mandates and more grants, and maybe the current inflation. Canepa continues on long term stability; McKay says they do 10 year modeling. Chavez says they do budget reserves, issued the audit, and have guardrails
    • Hudson wants to charge free riders
    • Hurt likes that the Community Benefit fund tripled in size, though wonders if $3mil is enough. Chavez says that's a board decision, though there needs to be a process to find that out
    • Budget approved
  • Wildfire Presentation + Home Air Filter Purchasing/Distribution
    • Ranyee Chiang starts off stating the obvious: that we have a lot more fires, and this year's fire season already began
    • So far, the Bay Area has had much less rain than previous years, so expect very dry conditions
    • Northern California has a high risk for fire by July, with the remaining months dependent on wind and rain conditions
    • In the meantime, sensor networks are ready to measure PM2.5, though a reminder that AQ conditions can change rapidly
    • Going from the basics individuals can do to prepare, to the programs BAAQMD does (Chipping services, Open Burn, grants, etc.)
    • Chavez wants to see how the district can better reach people
    • Rice asks how is the programs like the filter ones predict service; staff responds it's based on past usage. Also goes into the discussion of comparing paying for the mask program vs general community education.
    • Wagenknecht would like the Public Health Officers to work together to make unified messaging over PM levels, when the time come. Cutino is working on it
    • Chavez discusses the income disparities that make masks important for families that don't have the resources to retrofit their residences
    • Canepa thinks smoke mask messaging may get confused with COVID mask messaging. Chavez brings up that this is a multi-agency effort
    • Gioia also agrees with Canepa, and so does Mitchoff (though Mitchoff says smoke is a lot more harder to ignore). Item regarding collaboration with PHOs to be scheduled again in the future
    • Purchasing approved

June 2, 2021

Board met to discuss a single item: Amendments to Rule 6-5, particulate emissions from Petroleum Refinery Fluidized Catalytic Cracking Units
  • After a moment of silence for the VTA victims, Chair Chavez started the long day with telling board members to ask only short clarifying questions
  • David Joe presented how the rule got created and what it does
    • 4 of the 5 BA refineries have FCCUs that convert crude to high-octane. 1 indefinitely idled (Marathon), 1 addressed, leaving 2 to change
    • Makes up 50% of PM10 emissions from refineries (17% of all sources)
    • Original 6-5 passed in 2015. AB617 expedites Best Available Retrofit Control Technology (BARCT), necessitating more rule changes
    • Advisory Council found Particulate Matter most important risk-driver, and that maximum feasible actions must be taken to reduce PM
    • Draft came out 5/2020, workshopped 1/2021, revised 3/2021
  • Two Options: A (Electrostatic precipitator, 0.02 gr/dscf, by 2023), and B (Wet gas scrubber, 0.01 gr/dscf, by 2026)
    • A affects 2 refineries, reduces 250 tons per year, and isn't that costly. Health benefits range from $16.9mil/yr to $37.9mil/yr
    • B affects 3, reduces 400 TPY (w/ 93 if Marathon reopens), heavier cost, uses water. Health benefits (of 2) range from $24.6mil/yr to $59.8mil/yr
    • Due to the bimodal public comment (i.e. stringency vs economic impacts), staff also proposed a "Stair-step" of interim standard (weak but fast), then something much more stronger to make up for the longer timeline.
  • SSCI Committee chose to focus on getting B (WGS) done (7 for, 2 for bringing both ESP/WGS, 2 for Stair-Step)
  • Board asked some questions:
    • Water use (How much? Where sourced?): Cutter, Hudson, Hopkins, Rice
    • Option comparisons: Melgar (Health), Constantine (Physical Feasibility), Ross (Dispersion)
    • Mitchoff asks about the CEQA significant construction impacts. Staff notes that the improvements are large
    • Rice asks whether the timeline is conservative. Staff says it's realistic
  • Actual presentation on the rule to approve given, though this more in-depth
    • Covers how testing is done (Refineries want their own standard), what it takes to approve a rule, and what job losses might exist.
    • More Board Questions on cost, legal liability
  • About 200 speakers today, half environmentalists wanting WGS, half refinery staff wanting ESP.
  • Due to so many speakers, not all board members could stay for quorum. Item continued to a date uncertain (but the 16th as a fallback), since a good amount of board members can't make the next scheduled date due to budget season wrapping up. Comment can still occur then, but only in 30-second chunks.

May 5, 2021

Board met for two meetings, a budget meeting and a regular one of just informational items.
 
  • Public speakers were either the oil lobby asking for a smaller budget and reduced cost-recovery, and the environmentalists asking for a higher one
  • Staff is continuing on their 100% cost-recovery path by 2027 (currently 85%)
  • Budget is looking steady, if not positive
  • Will be hiring more staff (415 to 441 FTE), as current shortages lead to large permit backlogs (~100-200 delayed out of 1100-1200 received), backlogs in rulemaking, and less inspections (45 inspectors currently when there were 59 in FY16). Grants and increased fees to pay for the new hires.
  • State's AB617 and BAAQMD's own Community Benefit Fund to pay for EJ/impacted communities initiatives
  • Board mainly supportive of maintaining cost-recovery plans and restoring staffing. Some noted that for the newer members from ~Feb/March, throwing them at the budget might seem a bit daunting. Some question about how much the CBF should be funded, and whether AB617 grants will be going anytime soon (since we need to hire people to manage it)
  • June 16 is 2nd hearing and final ratification
  • Covered two items: a workshop by Sec Bauters on Brown Act and meetings, and another by staff on energy trends
  • Counsel Bunger and Sec Bauters went over a presentation on the Brown Act, since apparently the Board itself felt it perhaps wasn't running the best of meetings
  • Bauters emphasized that this workshop is not some passive-aggressive thing against any member in particular
  • Board mainly focused on "so what happens if we hear a comment either irrelevant or offensive," in which case Bauters said that the courts rather have the comment said than cut-off (also less drama to allow the 3 minutes vs accusations of suppression)
  • Public comment was mainly criticizing the board for previous mistakes in accepting comments, in and outside of meetings
  • Schremp from the Energy Assessments Division gave the presentation.
  • Heavy reduction of air travel (43% reduction of FY2019 passengers) meant that diesel production increased. No indication when air travel will bounce back due to variants
  • Diesel usage increased (12.6% increased compared to April FY2019), mainly from more shipping via rail, ship. Still project long-term decrease due to new CARB regulations
    • Biofuel diesel is getting more popular, though the 350BA commenter notes that this is still not a good "renewable" fuel. Staff says this is what happens when different regulatory bodies give different names to different things
  • Gasoline usage is getting close to pre-pandemic, though the future projections still indicate reduced usage due to EVs. All mobility options in the Bay Area still used much lower than state overall (+7% driving vs +40% statewide driving)
  • There was a permanent refinery idling in April 2020 in Martinez, with little impact to the market due to pandemic-driven changes.
    • Danger of closures not planned well is if some refinery has an accident that kills production. Though trends indicate more closures anyway
  • Board questions mainly revolved around "so if demand goes lower and prices goes lower, will demand increase," which staff says is very unlikely given current trends (and the trends themselves are conservative)
Issues: 
Natural Resources
Positions: 

NATURAL RESOURCES

the US (LWVUS)
Promote an environment beneficial to life through the protection and wise management of natural resources in the public interest.

Environment (Natural Resources)

The Bay Area
We support legislations and measures that will mitigate environmental issues and provide sustainable processes. We also support the proper implementation of the California Environmental Quality Act.