location: governing board chambers 14306 park avenue

Governing Board Meeting Agenda

Location: Governing Board Chambers

14306 Park Avenue

Victorville, CA 92392

www.MDAQMD.ca.gov

MONDAY, SEPTEMBER 27, 2021 10:00 a.m.

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THIS MEETING IS BEING HELD IN ACCORDANCE WITH THE GOVERNOR'S

EMERGENCY DECLARATION RELATED TO COVID-19, AND THE GOVERNOR'S

EXECUTIVE ORDER N-08-21 ISSUED ON JUNE 11, 2021 THAT MODIFIES THE

BROWN ACT TO ALLOW ATTENDANCE, CONDUCT OF THE MEETING, AND

PUBLIC PARTICIPATION BY TELECONFERENCE, VIDEOCONFERENCE, OR

BOTH.

JOIN BY PHONE, DIAL US: 1.701.802.5348 AND ENTER ACCESS CODE 5765772.

IF YOU ATTEND THE MEETING IN PERSON PLEASE NOTE THAT CERTAIN

ELECTRONIC DEVICES HAVE, IN THE PAST, CAUSED ISSUES WITH THE

TELECONFERENCE AND/OR AUDIO CONTENT OF THE MEETING. IF SUCH

ISSUES OCCUR YOU MAY BE ASKED TO ADJUST YOUR DEVICE SO THAT THE

MEETING MAY CONTINUE IN AN ORDERLY MANNER.

TO ENSURE RECEIPT OF PUBLIC COMMENTS YOU MAY E-MAIL YOUR

COMMENTS TO [email protected] IN ADDITION TO

PARTICIPATION AT THE MEETING. TO ENSURE PROPER DISTRIBUTION AND

AVAILABILITY PLEASE SEND YOUR COMMENTS AT LEAST 48 HOURS

BEFORE THE MEETING.

IF YOU CHALLENGE ANY DECISION REGARDING ANY OF THE LISTED PROPOSALS

IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED DURING THE PUBLIC TESTIMONY PERIOD REGARDING

THAT PROPOSAL OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE

GOVERNING BOARD TELEPHONICALLY OR OTHERWISE ELECTRONICALLY AT, OR

PRIOR TO, THE PUBLIC HEARING.

DUE TO TIME CONSTRAINTS AND THE NUMBER OF PERSONS WISHING TO GIVE

ORAL TESTIMONY, PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES PER

SPEAKER. YOU MAY WISH TO MAKE YOUR COMMENTS IN WRITING TO ASSURE

THAT YOU ARE ABLE TO EXPRESS YOURSELF ADEQUATELY.

PLEASE NOTE THAT THE BOARD MAY ADDRESS ITEMS IN THE AGENDA

IN A DIFFERENT ORDER THAN THE ORDER IN WHICH THE ITEM HAS BEEN

POSTED.

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CALL TO ORDER 10:00 A.M.

Pledge of Allegiance.

Roll Call.

Items with potential Conflict of Interests — If you believe you have a conflict of interest, please recuse yourself at the appropriate time. If you have a question regarding a potential conflict of interest, please contact District Counsel.

PUBLIC COMMENT

CONSENT CALENDAR

The following consent items are expected to be routine and non-controversial and will be

acted upon by the Board at one time without discussion unless a Board Member requests

an item be held for discussion under DEFERRED ITEMS.

1. Approve Minutes from Regular Governing Board Meeting of August 23, 2021.

2. Receive and file comparison of MDAQMD stipend with stipends for other air

districts and local entities. Presenter: Brad Poiriez, Executive Director/APCO.

3. Receive and file the District Activity Report. Presenter: Brad Poiriez, Executive

Director/APCO.

4. Receive and file Financial Reports through July 2021. Presenter: Laquita Cole,

Finance Manager.

5. Receive and file the Legislative Report for September 2021. Presenter: Brad

Poiriez, Executive Director/APCO.

ITEMS FOR DISCUSSION

6. DEFERRED ITEMS.

7. PUBLIC COMMENT.

8. Discuss and finalize action on Amendment to the Employment Agreement

(“Master Agreement”) with the Executive Director/Air Pollution Control Officer;

adopt the Amendment; authorize the Chair of the Governing Board to execute the

amended agreement; and direct staff actions. Presenter: Merl Abel, Chair,

Governing Board.

9. Conduct a public hearing to consider the amendment of MDAQMD Federal 75 ppb

Ozone Attainment Plan (Western Mojave Desert Nonattainment Area): a. Open

public hearing; b. Receive staff report; c. Receive public testimony; d. Close public

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hearing; e. Make a determination that the California Environmental Quality Act

(CEQA) Categorical Exemption applies; f. Waive reading of Resolution; g. Adopt

Resolution making appropriate findings, certifying the Notice of Exemption,

adopting the Rule and directing staff actions. Presenter: Alan De Salvio, Deputy

APCO.

10. Adopt a resolution reaffirming the local Declaration of Emergency as adopted on

April 27, 2020; ratifying the proclamation of a State of Emergency by the Governor

on March 4, 2020; and authorizing remote teleconference meetings of the

Governing Board of the Mojave Desert Air Quality Management District

(MDAQMD) for the period of September 27, 2021 through October 27, 2021

pursuant to provisions of the Brown Act. Presenter: Brad Poiriez, Executive

Director/APCO.

11. Presentation –Technology Services. Presenter: Trevor Samorajski & William

Berghoff, System Administrator I.

12. Reports: Executive Director.

13. Board Members Comments and Suggestions for future agenda items.

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In compliance with the Americans with Disabilities act, if special assistance is

needed to participate in the Board Meeting, please contact Deanna Hernandez

during regular business hours at 760.245.1661 x6244. Notification received 48

hours prior to the meeting will enable the District to make reasonable

accommodations.

I hereby certify, under penalty of perjury, that this agenda has been posted 72 hours prior

to the stated meeting in a place accessible to the public. Copies of this agenda and any or

all additional materials relating thereto are available at www.mdaqmd.ca.gov or by

contacting Deanna Hernandez at 760.245.1661 x6244 or by email at

[email protected] .

Mailed & Posted on: Wednesday, September 22, 2021.

Approved:

________________________

Deanna Hernandez

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Deanna Hernandez

mailto:[email protected]

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The following page(s) contain the backup material for Agenda Item: Approve Minutes

from Regular Governing Board Meeting of August 23, 2021.

Please scroll down to view the backup material.

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Agenda Item #1

REGULAR GOVERNING BOARD MEETING MONDAY, AUGUST 23, 2021 - 10:00 A.M.

MDAQMD OFFICES, BOARD CHAMBERSVICTORVILLE, CA

DRAFT MINUTES

Board Members Present:Elizabeth Becerra, City of Victorville Brigit Bennington, City of Hesperia Joseph “Joey” DeConinck, City of Blythe – via Zoom Stevevonna Evans, City of Adelanto Kari Leon, Town of Apple Valley, Vice ChairV. Manuel Perez, Riverside County, 4th District Supervisor – via Zoom Barbara Riordan, Public Member – via Zoom Dawn Rowe, San Bernardino County, 3rd District Supervisor Jeff Williams, City of Needles – via Conference call

Board Members Absent:Merl Abel, Town of Yucca Valley, ChairPaul Cook, San Bernardino County, 1st District Supervisor Dan Mintz, Sr., City of Twentynine Palms Tim Silva, City of Barstow

CALL TO ORDER

Vice Chair KARI LEON called the meeting to order at 10:02 am and lead the Pledge of Allegiance.

Vice Chair KARI LEON called for Roll Call – Deanna Hernandez, Senior Executive Analyst, called roll.

Special Announcements/Presentation – Employee Retirement recognition service award presented to Jean Bracy for her years of service.

Mojave Desert Air Quality Management DistrictBrad Poiriez, Executive Director14306 Park Avenue, Victorville, CA 92392-2310760.245.1661 • Fax 760.245.2699www.MDAQMD.ca.gov • @MDAQMD

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2Draft Minutes 08.23.2021

Items with potential Conflict of Interests – If you believe you have a conflict of interest, please recuse yourself at the appropriate time. If you have a question regarding a potential conflict of interest, please contact District Counsel. Vice Chair KARI LEON asked if any members wished to indicate a conflict of interest in regards to any agenda items. No Members did so.

Vice Chair KARI LEON called for PUBLIC COMMENT. At this time, no public comment was made in person, telephonically or electronically, moved onto CLOSED SESSION.

CLOSED SESSION

Upon motion by Board Member BRIGIT BENNINGTON, seconded by Board Member ELIZABETH BECERRA, and carried by the following roll call vote, with nine AYES votes by Board Members, ELIZABETH BECERRA, BRIGIT BENNINGTON, JOSEPH “JOEY” DECONINCK, STEVEVONNA EVANS, KARI LEON, V. MANUEL PEREZ, BARBARA RIORDAN, DAWN ROWE and JEFF WILLIAMS with Board Members MERL ABEL, PAUL COOK, DANIEL MINTZ, Sr., and TIM SILVA absent, the board entered into CLOSED SESSION at 10:18 a.m.

Agenda Item 1 – CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6). Agency Designated Representative: Personnel Committee. Unrepresented Employee: Executive Director.

OPEN SESSION - Disclosure of any Reportable Action(s) taken in Closed Session(s); and the Vote and Abstention of Every Member Present in the Closed Session:

The Governing Board reconvened to open session at 11:57 a.m., and Special Counsel Piero Dallarda stated that the Board met in Closed Session on the above agenda item and reported that a tentative agreement has been reached regarding the Executive Director’s contract and direct staff to finalize the Executive Director’s contract to be placed on open session for discussion at the next Governing Board meeting of September 27, 2021.

CONSENT CALENDAR – Vice Chair KARI LEON polled the Board to determine if any member wished pull an item on the consent calendar for discussion. No member did so. The following consent items were acted upon by the Board at one time without discussion. Upon motion by Board Member DAWN ROWE, seconded by Board Member BARBARA RIORDAN, and carried by the following roll call vote, with seven AYES votes by Board Members, ELIZABETH BECERRA, BRIGIT BENNINGTON, JOSEPH “JOEY” DECONINCK, STEVEVONNA EVANS, KARI LEON, BARBARA RIORDAN and DAWN ROWE, with Board Member JOSEPH “JOEY” DECONINCK abstaining, and Board Members MERL ABEL, PAUL COOK, DANIEL MINTZ, Sr., V. MANUEL PEREZ, TIM SILVA and JEFF WILLIAMS absent, on the Consent Calendar, as follows:

Agenda Item 2 – Approve Minutes from Regular Governing Board Meeting of June 28, 2021. Approved Minutes from Regular Governing Board Meeting of June 28, 2021.

Agenda Item 3 – Amend the MDAQMD Exempt Compensation Plan (ECP) to clarify and update language. Presenter: Brad Poiriez, Executive Director/APCO. Amended the MDAQMD Exempt Compensation Plan (ECP) to clarify and update language.

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Agenda Item 4 – Receive and file the District Activity Report.Presenter: Brad Poiriez, Executive Director/APCO.Received and filed the District Activity Report.

Agenda Item 5 – Receive and file the Financial Report for FY21, through the month of June 2021, which provides financial information and budget performance concerning the fiscal status of the District. Presenter: Laquita Cole, Finance ManagerReceived and filed the Financial Report for FY21, through the month of June 2021, which provides financial information and budget performance concerning the fiscal status of the District.

Agenda Item 6 – Receive and file the Legislative Report for August 2021. Presenter: Brad Poiriez, Executive Director/APCOReceived and filed the Legislative Report for August 2021.

Agenda Item 7 – Set date of September 27, 2021 to conduct a public hearing to consider the amendment of MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) and approval of California Environmental Quality Act (CEQA) documentation. Presenter: Alan De Salvio, Deputy Director, Operations.Date set for September 27, 2021 to conduct a public hearing to consider the amendment of MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) and approval of California Environmental Quality Act (CEQA) documentation.

Agenda Item 8 – DEFERRED ITEMS.None.

Agenda Item 9 – PUBLIC COMMENT.No public comment was made in person, telephonically or electronically.

Agenda Item 10 – Conduct a public hearing to consider the Adoption of Rule 411 – Conservation Management Practices for Agricultural Operations: a. Open public hearing; b. Receive staff report; c. Receive public testimony; d. Close public hearing; e. Make a determination that the California Environmental Quality Act (CEQA) Categorical Exemption applies; f. Waive reading of Resolution; g. Adopt Resolution making appropriate findings, certifying the Notice of Exemption, amending the Rule and directing staff actions. Presenter: Alan De Salvio, Deputy Director, Operations.Vice Chair KARI LEON opened the public hearing. Brad Poiriez, Executive Director/APCO, presented background information and answered questions from the Board. Vice Chair KARI LEON called for public comment, no public comment was made in person, telephonically or electronically, so being none, Vice Chair KARI LEON closed the public hearing. The determination was made that the California Environmental Quality Act (CEQA) Categorical Exemption applies and reading of the resolution was waived. Upon motion by Board Member ELIZABETH BECERRA, seconded by Board Member BRIGIT BENNINGTON, and carried by the following roll call vote, with seven AYES votes by Board Members, ELIZABETH BECERRA, BRIGIT BENNINGTON, JOSEPH “JOEY” DECONINCK, STEVEVONNA EVANS, KARI LEON, BARBARA RIORDAN and DAWN ROWE, with Board Members

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MERL ABEL, PAUL COOK, DANIEL MINTZ, Sr., V. MANUEL PEREZ, TIM SILVA and JEFF WILLIAMS absent, the board, adopted Resolution 21-06, “A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, ADOPTING RULE 411 – CONSERVATION MANAGEMENT PRACTICES FOR AGRICULTURAL OPERATIONS AND DIRECTING STAFF ACTIONS.”

Agenda Item 11 – Conduct a public hearing to consider the adoption of Rule 1119 – Large Confined Animal Facilities: a. Open public hearing; b. Receive staff report; c. Receive public testimony; d. Close public hearing; e. Make a determination that the California Environmental Quality Act (CEQA) Categorical Exemption applies; f. Waive reading of Resolution; g. Adopt Resolution making appropriate findings, certifying the Notice of Exemption, adopting the Rule and directing staff actions. Presenter: Alan De Salvio, Deputy Director, Operations.Vice Chair KARI LEON opened the public hearing. Brad Poiriez, Executive Director/APCO, presented background information and answered questions from the Board. Vice Chair KARI LEON called for public comment, no public comment was made in person, telephonically or electronically, so being none, Vice Chair KARI LEON closed the public hearing. The determination was made that the California Environmental Quality Act (CEQA) Categorical Exemption applies and reading of the resolution was waived. Upon motion by Board Member DAWN ROWE, seconded by Board Member STEVEVONNA EVANA, and carried by the following roll call vote, with seven AYES votes by Board Members, ELIZABETH BECERRA, BRIGIT BENNINGTON, JOSEPH “JOEY” DECONINCK, STEVEVONNA EVANS, KARI LEON, BARBARA RIORDAN and DAWN ROWE, with Board Members MERL ABEL, PAUL COOK, DANIEL MINTZ, Sr., V. MANUEL PEREZ, TIM SILVA and JEFF WILLIAMS absent, the board, adopted Resolution 21-07, “A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, ADOPTING RULE 1119 – LARGE CONFINED ANIMAL FACILITIES AND DIRECTING STAFF ACTIONS.”

Agenda Item 12 – Presentation – Air Monitoring. Presenter: Chris Collins, Air Monitoring Supervisor II.Chris Collins, Air Monitoring Supervisor II, presented a power point presentation and answered questions from the Board. No action taken by the Board as this item is information only.

Agenda Item 13 – Reports: Mr. Poiriez submitted the following report to be included in the minutes. Mr. Poiriez discussed a couple of these items in more detail during his report:

August 9 – Met with Dave Edwards, CARB, CTR update and notice of his impending departure from CARB to OEHHA.

August 10 – Staff held the quarterly LMTF meeting – discussions re: COVID. August 11 – Personnel Committee meeting. August 11 – 12 – Participated in the CAPCOA Board and Legislative meetings. Items

included: met with new CARB Board member Davina Hurt from BAAQMD, got a CARB Enforcement activity update from Chief of Compliance – overall theme – more

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active communication and cooperation from CARB to Districts on compliance issues in our jurisdictions, Governor’s Emergency Proclamation on rolling outages, updates on CALEEMOD Handbook, Budget discussion, CAPCOA staffing discussions, AB836 Clean Air Shelter Pilot Grant. Regarding Legislation: The Legislature came back from break on Aug. 17th, Session ends Sept. 10th, Governor has until October 10th to sign or veto bills. AB8 – Carl Moyer extension will not happen this year. AB826 – bill sponsored by Ventura County regarding the pension Alameda court decision – attempts to all legacy pre-PEPRA employees to continue to use Flex/Cafeteria dollars as pensionable – we are tracking. Two bills moving regarding public meetings and Brown Act: AB361 (Rivas) – would continue to allow virtual meeting attendance by Board members during declared emergencies; AB339 – would require public to have access to meetings virtually/telephonically and would be non-disclosed public access, as well as Board members would be allowed for non-disclosure of location of participation, as long as there is an on-site quorum of members.

August 16 – Hosted a webinar on AB617. August 18 – Held a Fiscal Year End meeting with Finance – the District is in a solid

financial position moving into the new fiscal year. Mid-year audit set for end of October. August 18 – attended the State of the Town for Apple Valley. August 18 – Participated in the MEEC Board meeting. August 20 – Participated in the CAPCOA Nominating Committee to select next president

in rotation of organization. August 24 –Supervisor/Management working lunch. August 25 – Conference call with the cement industry CCMEC to discuss

implementation of CARB changes on AB2588 and CTR. August 25 –Zoom meeting on Community Air Protection. August 26 – Classroom speaker for air quality class at CSUSB. August 30 – Sept. 2 – attending CSDA conference. Sept. 14 – 16 –attending CAPCOA Rural Districts APCO meeting.

Agenda Item 14 - Board Member Comments and Suggestions for Future Agenda Items. Board Member BECERRA requested staff look into the stipend for Board Members – is

the District in alignment with local area.

Being no further business, Vice Chair KARI LEON adjourned the meeting at 12:40 P.m. to the next Regular Meeting of September 27, 2021.

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The following page(s) contain the backup material for Agenda Item: Receive and file

comparison of MDAQMD stipend with stipends for other air districts and local entities.

Presenter: Brad Poiriez, Executive Director/APCO.


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MINUTES OF THE GOVERNING BOARDOF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT

VICTORVILLE, CALIFORNIA

AGENDA ITEM #2

DATE: September 27, 2021

RECOMMENDATION: Receive and File

SUMMARY: Receive and file comparison of MDAQMD stipend with stipends for other air districts and local entities.

BACKGROUND: At the August 23, 2021 meeting of the Governing Board member Becerra requested a comparison of stipends between the MDAQMD and other local entities.

Governing Board Policy 06-01 (last amended 3/22/2021) sets the stipends for Governing Board Members and Hearing Board Members at $100.00 per meeting day and $35.00 per meeting day for Technical Advisory Committee Members. A “meeting day” is defined in the policy as any number of meetings which occur on the same calendar day. Thus, if a committee of the Governing Board meets on the same day as the Governing Board meeting then a Governing Board member who is a member of the committee would only receive one stipend even though they attended 2 meetings on that particular day.

This policy was first adopted in October of 1993 as Resolution 93-10 which included both stipend and travel payment policies. In January 2006, partially as the result of legislative scrutiny of local district travel reimbursement practices, the Governing Board changed the resolution to a Governing Board Policy and moved the travel reimbursement provisions into existing Governing Board Policy 94-01. Governing Board Policy 06-01 was subsequently amended in January 2009, August 2016 and most recently this March. The 2009 and 2016 amendments both included a survey of local agency and air district stipends. Staff determined that an additional survey was not needed for the 2021 amendment as the amounts had not substantially changed.

In response to Ms. Becerra’s request staff has again conducted a brief survey of member agencies, non-county air districts, and local special districts. From the responses received staff concludes that the current stipend is in line with other air district practices and comparable to agencies with appointed boards having similar meeting patterns and duties.

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AGENDA ITEM #2 PAGE 2

Please note that many air districts cite Health & Safety Code §40154, which actually applies only to Unified Air Pollution Control Districts, as general guidance for an $100 per meeting day stipend with a $3,600 annual compensation cap. The MDAQMD, as a statutorily created air district, is not subject to this provision and thus is free under Government Code 53232.1(a) to set its Board stipend as it sees fit to do so since the creating statute does not specify a particular compensation level.

REASON FOR RECOMMENDATION: Board Member Becerra requested this report to be placed on the agenda.

REVIEW BY OTHERS: This item was reviewed by Karen Nowak, District Counsel on or about August 31, 2021.

FINANCIAL DATA: No increase in appropriation is anticipated.

PRESENTER: Brad Poiriez, Executive Director/APCO

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AgencyPer mtg stipend Mtg Frequency

other committee

stipends

Other Benefits

(Y/N) Notes

1 Victorville 471$ twice monthly -$ As EE's2 Apple Valley 244$ twice monthly -$ As EE's

3 Hesperia 150$ twice monthly 225$

three other boards: Fire, Water, Housing

4 Adelanto 600$ twice monthly -$ Y5 Barstow 253$ twice monthly Barstow Fire Y6 Twentynine Palms 465$ twice monthly -$ Y7 Blythe 300$ scheduled monthly -$ Y8 Needles 1$ twice monthly -$ N one dollar

9 Yucca Valley 305$ twice monthly -$ N

1 AVAQMD 100$ monthly 100$ N2 Yolo Solano AQMD 100$ monthly 100$ N3 Monterey Bay APCD 100$ monthly -$ N meets 10 months

4 San Luis Obispo County100$ Bi-monthly 100$ N

City Council mbrs paid, County supervisors not paid

5 Butte County AQMD -$ monthly -$ N no stipend paid

6 San Joaquin APCD 100$ monthly 100$ NChair receives $300/mo plus$100/mtg. Total comp per mbr capped at $3600/yr

7 Mojave Desert AQMD 100$ monthly -$ N8 Northern Sierra AQMD 100$ monthly -$ N9 South Coast AQMD 100$ monthly -$ N

10 Great Basin Unified APCD 100$ monthly -$ N11 Ventura County APC -$ monthly -$ N no stipend paid

1 VVWRA 125$ monthly NA N2 VVTA 100$ monthly NA N3 LAFCO 200$ monthly NA N4 SBCTA 200$ monthly NA N

Air Districts

Local Special Districts/JPA's

Municipalities

Stipend Survey(August 2021)

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The following page(s) contain the backup material for Agenda Item: Receive and file the

District Activity Report. Presenter: Brad Poiriez, Executive Director/APCO.


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AGENDA ITEM #3


RECOMMENDATION: Receive and file the District Activity Report.

BACKGROUND: The following reports reflect information regarding the District’s activities in the following areas:

Operations – including permitting and compliance Communications – including events where the District participates and is represented,

and upcoming events.

Staff is available to answer questions as needed.

REASON FOR RECOMMENDATION: These reports are for information only.

REVIEW BY OTHERS: This item was reviewed by Karen Nowak, District Counsel as to legal form and by Brad Poiriez, Executive Director on or about September 13, 2021.


PRESENTER: Brad Poiriez, Executive Director/APCO.

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Mojave Desert Air Quality Management District Brad Poiriez, Executive Director 14306 Park Avenue, Victorville, CA 92392-2310 760.245.1661 • Fax 760.245.2699 www.MDAQMD.ca.gov • @MDAQMD September Activity Report Communications

Exemplar Award The District’s annual Exemplar award nomination period was extended this year to provide organizations and individuals more time to nominate local businesses who have worked to reduce their environmental impact. The Exemplar is the District's highest honor for outstanding contributions toward the prevention or control of air pollution in the Mojave Desert and has been awarded to a local individual, business or non-profit for more than 20 years. The winner this year will be honored at MDAQMD’s October board meeting. A news release and social media recognition will accompany the board ceremony. Community meeting The Communications Section in partnership with the Grants Section held their second successful Zoom community meeting focused on local projects that reduce emissions. This meeting was conducted specifically to address the requirements of AB 617 and the Community Air Protection Program. There were 23 attendees on the Zoom call, which featured a presentation from Executive Director Brad Poiriez, Deputy APCO Alan De Salvio and Grants Analyst Jorge Camacho. The meeting was moderated by Communications Specialist Martial Haprov and summarized MDAQMD grant-funded projects that have significantly reduced emissions for vulnerable populations, specifically the zero-emissions school buses now in operation at several local districts. A similar meeting was held in August 2020 that also boasted more than 20 people in attendance, and the District will continue to hold such meetings to garner input from local residents on projects they believe are important to reduce pollution. Air Quality Advisories The Communications Section has been busy updating social media and issuing air quality advisories to keep the community informed of unhealthy pollution levels due to the state’s wildfires. The residual smoke from these mega fires has created days with significant PM 2.5 as well as created conditions in which Ozone has spiked significantly on numerous occasions triggering unhealthy levels that could potentially impact everyone. Residents can be alerted to air quality advisories by signing up for the District’s email list at www.MDAQMD.ca.gov as well as follow the District on social media @MDAQMD on Twitter and Facebook. Community Presence Communications Specialist Martial Haprov continues his duties as the Chair of the Greater High Desert Chamber of Commerce Board of Directors and also attended the VVC President’s Circle meeting, substituting for Executive Director Brad Poiriez. Martial also attended the monthly Phelan Chamber meeting and he and Brad also attended the GHDCC’s annual Kemper Campbell Ranch mixer in September. Brad and Communications Supervisor Ryan Orr are also scheduled to attend the State of the County Address in Ontario in October.

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Community Support The District sponsored Apple Valley’s State of the Town Address, and has also agreed to support the Annual Victor Valley Bicycle Tour, a Kiwanis Club 5K race and the Joshua Tree 55-mile bike ride/Earth Day event (2022). In accordance with the sponsorship standard practice, the District has limited funds for community events and focuses only on events that directly benefit entities within its boundaries and events that promote the use of emission reductions in some way. The District will also be supporting the High Desert Opportunity Summit on Oct. 21 as it has in years past. Emergency Maps Communications Specialist Martial Haprov has been updating all of the District Headquarters’ emergency evacuation maps to reflect updates to the building’s interior design changes over the years and match the newly updated employee safety manual. Forms Communications staff continued its teamwork with Operations in creating and updating several forms. Following Governing Board approval of amendments to Rule 403, the District’s Dust Control Plan form was recreated from scratch. The new form aligns with the rule changes, meets design standards Communications developed in 2019 and features flexibility in design elements for future updates. Staff also further enhanced the reporting capabilities for permit holders experiencing equipment breakdowns with the update of the Breakdown Notification Initial Report and developing an associated Follow-up Report form. These forms’ capabilities and input fields required feedback from permit holders to ensure consistency in their use going forward. CDAWG CDAWG Conference already has more than 35 confirmed registrants and six sponsors, including two presenting sponsors. The agenda is nearly complete and the District is looking forward to the most successful CDAWG to date. For more information and if you’d like to attend the conference, please contact Ryan Orr in Communications.

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The following page(s) contain the backup material for Agenda Item: Receive and file

Financial Reports through July 2021. Presenter: Laquita Cole, Finance Manager.


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AGENDA ITEM #4


RECOMMENDATION: Receive and file Financial Reports through July 2021.

SUMMARY: Receive and file the Financial Reports with activity through July 2021, which reflect the District’s financial and budgetary performance to date.

BACKGROUND: The Financial Reports for July provide the preliminary financial performance information of the District for all funds. The target variance for July is 9%. The annual financial audit is scheduled for October 2021 and will impact the information within these reports.

Several funding sources such as Programs, Permit Revenue, and State Revenue are responsible for the budget exceedance. Personnel Expenses are under budget but could change as a result of the annual financial audit. The Finance Reports are attached.

Grant activities are labeled ‘Programs’ on the Statement of Activity. The monthly grant summary is attached. Grant activity to date has been adjusted to reflect the revenue recognition and matching principle.

REASON FOR RECOMMENDATION: Receive and file.

REVIEW BY OTHERS: This item was reviewed by Karen Nowak, District Counsel, as to legal form and by Brad Poiriez, Executive Director/APCO, on or before September 13, 2021.

FINANCIAL DATA: No change in appropriation is required at this time.

PRESENTER: Laquita Cole, Finance Manager

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FINANCIAL REPORTS

BALANCE SHEET - This report includes the assets, liabilities, and fund balance for the District as of the date indicated.

STATEMENT OF REVENUES & EXPENDITURES – This report includes financial activities for each of the District’s funds during the month(s) indicated.

STATEMENT OF ACTIVITY – This report measures revenues and expenses for all funds for the month(s) indicated against the adopted budget for FY 21. The line items “Program” and “Program Costs” refer to payments made from the District’s grant funds (including AB 2766 and Carl Moyer Fund).

Y-T-D Actual Column – The revenue and expenditures in this column reflect the activity year to date for the General Fund together with the District’s grant funds. When grant funds are expended they may be for amounts greater received this fiscal year because grants are often paid from the funds accumulated over a period of time.

REGISTERS – These reports list payments made for goods and services and fund transfers for District accounts.

GRANT SUMMARY – The monthly grant summary includes grant activities for each of the Districts available grants during the month indicated.

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Financial Report

Run: 9/13/2021 at 3:39 PM

As of July 31, 2021

Mojave Desert AQMDBalance Sheet - Governmental Funds

Page: 1

GeneralFund

MobileEmissions

CarlMoyer

FiduciaryFund Total

AssetsCurrent AssetsCash 5,889,063.48 1,970,129.62 571,096.25 2,296,762.82 10,727,052.17Cash Held For Other Fund 71,678.78 2,113.83 32,619.86 (106,412.47) 0.00Receivables 4,615,583.71 63,668.79 0.00 0.00 4,679,252.50Pre-Paids 110,110.33 0.00 0.00 0.00 110,110.33

Total Current Assets 10,686,436.30 2,035,912.24 603,716.11 2,190,350.35 15,516,415.00

Non-Current AssetsDeferred Outflows 3,524,049.00 0.00 0.00 0.00 3,524,049.00

Total Assets 14,210,485.30 2,035,912.24 603,716.11 2,190,350.35 19,040,464.00

Liabilities and Net Position

Current LiabilitiesPayables (87,560.30) 0.00 62,309.88 0.00 (25,250.42)Accruals 1,006,319.99 0.00 0.00 0.00 1,006,319.99Due to Others 3,491,438.07 0.00 0.00 0.00 3,491,438.07Payroll Taxes Liability 28,708.72 0.00 0.00 0.00 28,708.72Retirement 159,405.30 0.00 0.00 0.00 159,405.30Health 92,955.89 0.00 0.00 0.00 92,955.89Other Payroll Deductions 9,317.46 0.00 0.00 0.00 9,317.46Unearned Revenue 1,708,778.69 0.00 531,841.66 0.00 2,240,620.35

Total Current Liabilities 6,409,363.82 0.00 594,151.54 0.00 7,003,515.36

Net Pension Liability 10,497,528.00 0.00 0.00 0.00 10,497,528.00Net OPEB Liability 506,364.00 0.00 0.00 0.00 506,364.00Deferred Pension Inflows 672,568.00 0.00 0.00 0.00 672,568.00Deferred OPEB Inflows 336,541.00 0.00 0.00 0.00 336,541.00

Total GASB Liabilities 12,013,001.00 0.00 0.00 0.00 12,013,001.00

Restricted Fund Balance 371,858.28 2,035,912.24 9,564.57 1,081,606.84 3,498,941.93Committed Fund Balance 1,362,080.00 0.00 0.00 0.00 1,362,080.00Budget Stabilization 250,000.00 0.00 0.00 0.00 250,000.00Retirement Reserves 0.00 0.00 0.00 1,099,397.51 1,099,397.51Unassigned Fund Balance 367,159.73 0.00 0.00 0.00 367,159.73Adjustments to Fund Balance - GASB 68 (6,953,802.00) 0.00 0.00 0.00 (6,953,802.00)Compensated Absences 450,000.00 0.00 0.00 0.00 450,000.00Pre Paid 7,194.13 0.00 0.00 0.00 7,194.13

Change in Net Position (66,369.66) 0.00 0.00 9,346.00 (57,023.66)

Total Liabilities & Net Position 14,210,485.30 2,035,912.24 603,716.11 2,190,350.35 19,040,464.00

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Financial Report

Run: 9/13/2021 at 4:14 PM Mojave Desert AQMDStatement of Revenues & Expenditures

For the Period Ending July 31, 2021

Page: 1

GeneralFund

MobileEmissionsProgram

CarlMoyer

ProgramFiduciary

Fund

TotalGovernmental

Funds

Revenues

Antelope Valley Air Quality Mngmnt Contract 145,080.69 0.00 0.00 0.00 145,080.69Other Contracts 0.00 0.00 0.00 0.00 0.00Application and Permit Fees 366,641.79 0.00 0.00 0.00 366,641.79AB 2766 and Other Program Revenues 87,411.54 0.00 110,153.00 0.00 197,564.54Fines 12,090.04 0.00 0.00 0.00 12,090.04Investment Earnings 6,100.15 0.00 0.00 10,473.43 16,573.58Federal and State 9,276.13 0.00 0.00 0.00 9,276.13Other Revenue 0.00 0.00 0.00 0.00 0.00

Total Revenues 626,600.34 0.00 110,153.00 10,473.43 747,226.77

Expenditures

Salaries and Benefits 606,849.13 0.00 0.00 0.00 606,849.13Services and Supplies 86,120.87 0.00 110,153.00 1,127.43 197,401.30Contributions to Other Participants 0.00 0.00 0.00 0.00 0.00Capital Outlay Improvements and Equipment 0.00 0.00 0.00 0.00 0.00

Total Expenditures 692,970.00 0.00 110,153.00 1,127.43 804,250.43

Excess Revenue Over (Under) Expenditures (66,369.66) 0.00 0.00 9,346.00 (57,023.66)

24 of 142

Financial Report

Run: 9/13/2021 at 4:20 PM Mojave Desert AQMDStatement of Activity - All Funds

For the Period Ending July 31, 2021

Page: 1

M-T-DActual

Y-T-DActual

Y-T-DBudget

% Budgetto Actual

RevenuesRevenue - Permitting 368,760.34 368,760.34 5,425,000.00 6.80Revenue - Programs 197,564.54 197,564.54 2,955,000.00 6.69Revenue - Application Fees 12,849.38 12,849.38 140,000.00 9.18Revenue - State 0.00 0.00 1,029,000.00 0.00Revenue - Federal 9,276.13 9,276.13 147,900.00 6.27Fines & Penalties 12,090.04 12,090.04 102,000.00 11.85Interest Earned 16,573.58 16,573.58 350,000.00 4.74Revenue - Contracts & Unidentified 145,080.69 145,080.69 1,606,000.00 9.03Permit Cancellations (14,967.93) (14,967.93) 0.00 0.00Total Revenues 747,226.77 747,226.77 11,754,900.00 6.36

ExpendituresOffice Expenses 50,117.43 50,117.43 366,780.00 13.66Communications 3,922.67 3,922.67 59,185.00 6.63Vehicles 3,585.45 3,585.45 50,125.00 7.15Program Costs 110,153.00 110,153.00 2,794,500.00 3.94Travel 957.33 957.33 103,275.00 0.93Professional Services 8,588.14 8,588.14 92,725.00 9.26Maintenance & Repairs 4,122.50 4,122.50 73,535.00 5.61Non-Depreciable Inventory 1,779.38 1,779.38 58,245.00 3.05Dues & Subscriptions 3,245.99 3,245.99 33,560.00 9.67Legal 2,849.42 2,849.42 44,875.00 6.35Miscellaneous Expense 201.20 201.20 2,550.00 7.89Suspense 7,878.79 7,878.79 0.00 0.00Capital Expenditures 0.00 0.00 375,000.00 0.00Total Expenditures 197,401.30 197,401.30 4,054,355.00 4.87

Salaries & BenefitsPersonnel Expenses 606,849.13 606,849.13 7,935,881.00 7.65Total Salaries & Benefits 606,849.13 606,849.13 7,935,881.00 7.65

Excess Revenue Over (Under) Expenditures (57,023.66) (57,023.66) (235,336.00) 24.23

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AccountBalance

Mojave Desert AQMDBank Register from 7/01/2021 to 7/31/2021

Wells Fargo Operating

Check/Ref

Run: 9/13/2021 at 2:54 PM

Date Name/Description Check Amount Deposit Amount

Page: 1

0009733 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 858,611.24EFT 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 858,611.240009734 7/01/2021 Inv 006069 - Unit 7 Repair 315.00 0.00 858,296.240009735 7/01/2021 Invoices , 2021-10, 2021-11 2,581.62 0.00 855,714.62EFT 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 855,714.620009736 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 855,614.62EFT 7/01/2021 Invoices 908041, 908042, 908043 3,263.91 0.00 855,614.62EFT 7/01/2021 Invoices , 2021-10, 2021-11 41,679.20 0.00 855,614.620009737 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 855,544.620009738 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 855,474.620009739 7/01/2021 Inv 5067158259 - AED Check and Disinfect Svc 19.52 0.00 855,455.100009740 7/01/2021 Invoices , 335.27 0.00 855,119.830009741 7/01/2021 Inv 4039 - Employee Leave Request - Pro Ed 1,843.31 0.00 853,276.520009742 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 853,206.520009743 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 853,136.520009744 7/01/2021 Inv 9943009192 - Tire Pressure Gauge 29.62 0.00 853,106.900009745 7/01/2021 Pay Period 13/2021 - GymDed 140.31 0.00 852,966.590009746 7/01/2021 Inv 1484 - Security Alarm Service July - September 2021 240.00 0.00 852,726.590009747 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 852,626.590009748 7/01/2021 Inv 529796 - 200 - 530+ High Defender 530+ High Flow 2,513.01 0.00 850,113.580009749 7/01/2021 Fabrication of stairs to reach Met tower safely - Hesperia site 739.60 0.00 849,373.980009750 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 849,273.980009751 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 849,203.98EFT 7/01/2021 Governing Board Meeting expense for Governing Board meeting Monday, June

28, 2021.12.00 0.00 849,203.98

0009752 7/01/2021 Gold Level Questys Annual Product Maintenance & Upgrades for 7/1/2021 to6/30/2022

23,693.77 0.00 825,510.21

0009753 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 825,410.21EFT 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 100.00 0.00 825,410.210009754 7/01/2021 Pay Period 13/2021 - SBCERADefer, SBCERAMatch, SBCERAPickUp,

SurvivorInsBen, SurvivorInsDed, RetireCashBen75,227.71 0.00 750,182.50

0009755 7/01/2021 Pay Period 13/2021 - GeneralUnitDues 520.90 0.00 749,661.600009756 7/01/2021 Pay Period 13/2021 - GeneralUnitMisc 3.00 0.00 749,658.600009757 7/01/2021 Attendance Governing Board Meeting Monday, June 28, 2021. 138.42 0.00 749,520.180009758 7/01/2021 Inv 69957 - FY 221-22 Worker's Compensation Insurance 17,307.44 0.00 732,212.740009759 7/01/2021 Inv 70424 - FY2021-22 Property/Liability Insurance 112,956.99 0.00 619,255.750009760 7/01/2021 Invoices , 2021-10, 2021-11 1,479.48 0.00 617,776.270009761 7/01/2021 Invoices , 240.75 0.00 617,535.520009762 7/01/2021 Inv 2059576 - Annual Maintenance - Date Stamper 125.00 0.00 617,410.520009763 7/01/2021 Acct # 900381561 - 52 Week Newspaper Subscription - 07/05/21 - 07/04/22 629.69 0.00 616,780.830009764 7/01/2021 Pay Period 13/2021 - UnitedWay 26.00 0.00 616,754.830009765 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 616,684.830009766 7/01/2021 Refund: Refund AB2588 Hot Spot Fee 70.00 0.00 616,614.830009767 7/01/2021 Inv 1295 - Janitorial Service June 2021 3,300.00 0.00 613,314.83

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0009768 7/01/2021 Invoices , 2021-10, 2021-11 745.28 0.00 612,569.550000005 7/01/2021 Credit Card Transactions - Vons - S & S Vibes 0.00 675.71 567,990.150000005 7/01/2021 Credit Card Transactions - SCCCC - Nieto & Sons 0.00 634.00 568,624.15

7/02/2021 VOYA 401a - Poiriez - July 2021 1,099.07 0.00 567,525.080000005 7/02/2021 Credit Card Transactions - Gloreitta - Performance Powder - Jose Antonio

Gomez0.00 6,253.39 573,778.47

0000005 7/02/2021 Credit Card Transaction - Glorietta 0.00 317.00 574,095.477/02/2021 Wage Works FSA Claim 15.00 0.00 574,080.47

0000005 7/06/2021 Credit Card Transactions - Ulitmate Powder Coating - Koala Geen 0.00 3,935.57 578,016.040000005 7/06/2021 Credit Card Transaction - MP Mine 0.00 1,585.00 579,601.04

7/06/2021 2,185.23 0.00 577,415.810009769 7/06/2021 Refund Cancelled Asbestos Project 413.00 0.00 577,002.810009770 7/06/2021 Inv 2805-91719 - Window Cleaning 140.00 0.00 576,862.810009771 7/06/2021 Telephone Service - 06/22/21 - 07/21/21 773.14 0.00 576,089.670009772 7/06/2021 Inv 3849 - Lanscaping & Clean Up Parking Lot - June 2021 480.00 0.00 575,609.670009773 7/06/2021 Inv 21-18.2 - Project Management - Parking Area Fencing 8,987.95 0.00 566,621.720009774 7/06/2021 Inv 94722 - Coffee Brewer and Water Cooler Rental 235.92 0.00 566,385.800009775 7/06/2021 Inv 3099 - Electric Use Fee 160.00 0.00 566,225.80EFT 7/06/2021 Reimbursement for annual physical per contract 1,366.62 0.00 566,225.800009776 7/06/2021 Gas Service - 05/28/21 - 06/25/21 11.00 0.00 566,214.80EFT 7/06/2021 Inv 8690215682126 - Fuel for District Vehicles 2,571.17 0.00 566,214.800002201 7/06/2021 Operating Fund Replenishment #01 0.00 329,399.86 891,676.87

7/07/2021 Wage Works FSA Claim 290.00 0.00 891,386.870000005 7/07/2021 Credit Card Transactions - Sportsman #3 - Uprite Const 0.00 634.00 892,020.870000005 7/07/2021 Credit Card Transactions - American Technologies - Caliber Collision - FAA 0.00 1,326.71 893,347.580000005 7/08/2021 Credit Card Transaction - Hitech Imaging 0.00 3,400.00 896,747.580002202 7/08/2021 Operating Fund Replenishment #02 0.00 140,432.41 1,037,179.990000005 7/09/2021 Credit Card Transaction - RSD Dev 0.00 15,367.88 1,052,547.870000005 7/12/2021 Credit Card Transaction - Brickley Const 0.00 334.00 1,052,881.870000005 7/12/2021 Credit Card Transaction - California Tower 0.00 317.00 1,053,198.87

7/13/2021 PP 14/2014 Federal Taxes 24,644.08 0.00 1,028,554.797/13/2021 PP 14/20214 State Taxes 7,030.81 0.00 1,021,523.98

EFT 7/14/2021 Pay period ending 7/02/2021 123,108.38 0.00 898,415.600000005 7/14/2021 Credit Card Transaction - Boeing 0.00 951.00 899,366.600000005 7/14/2021 Credit Card Transaction - Level 3 0.00 356.12 899,722.72

7/14/2021 PP 14/2021 457 Deductions 11,297.04 0.00 888,425.680000005 7/16/2021 Credit Card Transaction - Dimaggio Maintenance 0.00 317.00 888,742.68

7/16/2021 Wage Works FSA Claim 15.00 0.00 888,727.687/20/2021 Wage Works FSA Claim 5.64 0.00 888,941.047/20/2021 Wage Works FSA Claim 2.84 0.00 888,938.20

0000005 7/21/2021 Credit Card Transactions - Technology & Investments Solutions 0.00 317.00 889,255.200000005 7/23/2021 Credit Card Transactions - SBCo Fleet - Karcher Env 0.00 684.65 889,939.85

7/23/2021 Wage Works FSA Claim 3.20 0.00 889,936.657/23/2021 Wage Works FSA Claim 97.25 0.00 889,839.40

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0000005 7/26/2021 Credit Card Transactions - Walmart - Tilton - Pedram Ilbeigi 0.00 982.77 890,822.170000005 7/26/2021 Credit Card Transactions - Healing World Botanicals - Platinum Collision -

Sportsman #30.00 3,556.17 894,378.34

0000005 7/26/2021 Credit Card Transactions - Caliber Collision - Ferrellgas 0.00 1,443.13 895,821.470000005 7/26/2021 Credit Card Transaction - Karcher Env 0.00 636.59 896,458.06

7/26/2021 Wage Works FSA Claim 249.66 0.00 896,208.400009779 7/27/2021 Invoices 2021-12, 2021-14, August 2021 2,581.62 0.00 893,626.780009780 7/27/2021 800-635-4617 - 07/07/21 - 08/06/21 67.27 0.00 893,559.51EFT 7/27/2021 Invoices 909677, 909678, 909679 2,211.29 0.00 893,559.51EFT 7/27/2021 Invoices 2021-12, 2021-14, August 2021 41,864.47 0.00 893,559.510009781 7/27/2021 Travel Recon - Blythe 07/06/21 - 07/08/21 231.00 0.00 893,328.510009783 7/27/2021 Invoices 4079979310, 4090442614, 9137316820 226.53 0.00 891,121.980009784 7/27/2021 Water Service - Fire Sprinklers - 06/23/21 - 07/22/21 82.30 0.00 891,039.680009785 7/27/2021 Water & Trash Service - 06/23/21 - 07/22/21 258.82 0.00 890,780.86EFT 7/27/2021 Inv FBN4250867 - Vehicle Leases 1,237.95 0.00 890,780.860009786 7/27/2021 Invoices AV June 2021, June 2021 6,040.00 0.00 884,740.860009787 7/27/2021 Pay Period 14/2021 - GymDed 140.31 0.00 884,600.550009788 7/27/2021 Inv 38077262 - Copier Lease - July 2021 2,137.33 0.00 882,463.220009789 7/27/2021 Inv 68046 - Tune Up - 2013 Ford Escape 333.31 0.00 882,129.91EFT 7/27/2021 Invoices 187072, 187215 4,444.10 0.00 882,129.910009790 7/27/2021 Travel Recon - Needles - Blythe - 07/14/21 - 07/15/21 99.00 0.00 882,030.91EFT 7/27/2021 Pay Period 14/2021 - FSADed 710.84 0.00 882,030.910009791 7/27/2021 Inv 64362466 - Cylinder Rental 138.71 0.00 881,892.200009792 7/27/2021 Pay Period 14/2021 - SBCERADefer, SBCERAMatch, SBCERAPickUp,


0009793 7/27/2021 Pay Period 14/2021 - GeneralUnitDues 536.61 0.00 792,057.330009794 7/27/2021 Pay Period 14/2021 - GeneralUnitMisc 3.00 0.00 792,054.330009795 7/27/2021 Wellness Program Reimbursement - Peloton Exercise Bike monthly subscription 240.00 0.00 791,814.330009796 7/27/2021 Organization dues for annual SHRM renewal - R. Simpson 219.00 0.00 791,595.330009797 7/27/2021 Electricity Service - 06/11/21 - 07/12/21 5,465.04 0.00 786,130.290009798 7/27/2021 Office Suppies 1,133.09 0.00 784,997.200009799 7/27/2021 Inc 227 - July 2021 Services 1,700.00 0.00 783,297.200009800 7/27/2021 Inv 79487 - Employee Support Services - June 2021 375.00 0.00 782,922.200009801 7/27/2021 Safety Prescription Glasses Reimbursement - C. Tran 130.00 0.00 782,792.200009802 7/27/2021 Pay Period 14/2021 - UnitedWay 26.00 0.00 782,766.200009803 7/27/2021 Inv 71879364 - VOIP Service - July 2021 1,313.49 0.00 781,452.710009804 7/27/2021 Inv 06/11/2021 - President's Circle Membership - FY 2021/2022 1,000.00 0.00 780,452.710009805 7/27/2021 Inv 409 - Car Wash - June 2021 64.00 0.00 780,388.710009806 7/27/2021 Invoices 2227, 2232 188.32 0.00 780,200.39

7/27/2021 PP 15/2021 Federal Taxes 26,145.15 0.00 703,586.597/27/2021 Wage Works FSA Claim 2.84 0.00 703,583.757/27/2021 PP 15/2021 State Taxes 7,442.86 0.00 696,140.89

EFT 7/28/2021 Pay period ending 7/16/2021 125,354.33 0.00 570,786.567/28/2021 PP 15/2021 457 Deductions 11,297.04 0.00 559,489.52

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7/28/2021 Wage Works FSA Claim 2.84 0.00 559,486.687/29/2021 Card #0357 - 05/05/21 - 07/04/21 370.00 0.00 559,116.687/29/2021 Card # 4500 - 06/05/21 - 07/04/21 2,446.12 0.00 556,670.567/29/2021 Card # 4837 - 06/05/21 - 07/04/21 2,620.01 0.00 554,050.557/29/2021 Card # 6210 - 06/05/21 - 07/04/21 2,305.49 0.00 551,745.067/29/2021 Card # 7885 - 06/05/21 - 07/04/21 137.00 0.00 551,608.067/29/2021 Card # 7908 - 06/05/21 - 07/04/21 802.45 0.00 550,805.617/29/2021 Card # 8110 - 06/05/21 - 07/04/21 1,145.54 0.00 549,660.077/29/2021 Card # 8204 - 06/05/21 - 07/04/21 370.02 0.00 549,290.057/29/2021 Card # 9081 - 06/05/21 - 07/04/21 11.95 0.00 549,278.107/29/2021 Inv 3745098-0714046 - July 2021 1,671.46 0.00 547,606.64

0009807 7/30/2021 Inv 5070432683 - AED Check & Sanitizing 19.99 0.00 547,586.650009808 7/30/2021 Invoices AV July 2021, July 2021 1,115.00 0.00 546,471.650009809 7/30/2021 Inv 3853 - Landscaping & Parking Lot Cleanup - July 2021 480.00 0.00 545,991.650009810 7/30/2021 Pay Period 15/2021 - GymDed 140.31 0.00 545,851.34EFT 7/30/2021 Bank Transfer - Credit Card A/R Receipts - June 2021 74,748.55 0.00 545,851.34EFT 7/30/2021 Pay Period 15/2021 - FSADed 710.84 0.00 545,851.340009811 7/30/2021 Inv 8500643-07-27-21 - Tire Change Service Call - 2016 Nissan Frontier 233.50 0.00 545,617.840009812 7/30/2021 Purchase TBE Perform License 2,500.00 0.00 543,117.840009813 7/30/2021 FY 21 OPEB Contribution 8,740.00 0.00 534,377.840009814 7/30/2021 Pay Period 15/2021 - SBCERADefer, SBCERAMatch, SBCERAPickUp,


0009815 7/30/2021 Pay Period 15/2021 - GeneralUnitDues 537.52 0.00 442,756.470009816 7/30/2021 Pay Period 15/2021 - GeneralUnitMisc 3.00 0.00 442,753.470009817 7/30/2021 Invoices 2021-12, 2021-14, August 2021 2,270.19 0.00 440,483.280009818 7/30/2021 Pay Period 15/2021 - UnitedWay 26.00 0.00 440,457.280009819 7/30/2021 Inv 1309 - Janitorial Service - July 2021 3,300.00 0.00 437,157.280009820 7/30/2021 Invoices 2021-12, 2021-14, August 2021 745.28 0.00 436,412.000009821 7/30/2021 2021 Mandated Benefits Compliance Guide - Mid year updates 769.30 0.00 435,642.70

7/30/2021 Wage Works FSA Claim 15.00 0.00 360,168.31

Total for Report: 1,010,608.89 513,856.96

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General Fund MPA

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0000005 7/01/2021 Daily Deposit 0.00 42,902.13 3,230,769.510000005 7/01/2021 SBCo ACH - City of VV 0.00 1,419.01 3,232,188.520000005 7/02/2021 Daily Deposit 0.00 7,079.40 3,239,267.920000005 7/02/2021 SBCo ACH - MP Mine 0.00 2,123.90 3,241,391.820002201 7/06/2021 329,399.86 0.00 2,911,991.96####### 7/06/2021 68,456.34 0.00 2,843,535.620000005 7/06/2021 Daily Deposit 0.00 3,744.34 2,847,279.960000005 7/07/2021 Daily Deposit 0.00 23,201.93 2,870,481.890000005 7/08/2021 Daily Deposit 0.00 9,699.77 2,880,181.660002202 7/08/2021 140,432.41 0.00 2,739,749.250000005 7/09/2021 SBCo ACH - Arcadis - Charter Communications 0.00 712.24 2,740,461.490000005 7/12/2021 Daily Deposit 0.00 7,893.64 2,748,355.130000005 7/13/2021 Daily Deposit 0.00 213,928.34 2,962,283.470000005 7/14/2021 Daily Deposit 0.00 3,650.30 2,965,933.770000005 7/15/2021 Daily Deposit 0.00 2,420.36 2,968,354.130000005 7/16/2021 Daily Deposit 0.00 10,362.58 2,978,716.710000005 7/20/2021 Daily Deposit 0.00 133,467.38 3,112,184.090000005 7/21/2021 Daily Deposit 0.00 20,533.12 3,132,717.210000005 7/22/2021 Daily Deposit 0.00 93,529.56 3,226,246.770000005 7/27/2021 Daily Deposit 0.00 159,708.76 3,385,955.530000005 7/27/2021 SBCo ACH - Specialty Minerals 0.00 5,000.00 3,390,955.53

7/27/2021 Interest Earned 0.00 6,100.15 3,397,055.680000005 7/28/2021 SBCo ACH - MDAQMD 0.00 710.84 3,397,766.520000005 7/29/2021 Daily Deposit 0.00 23,817.39 3,421,583.910000005 7/30/2021 Daily Deposit 0.00 42,033.16 3,463,617.07

Total for Report: 538,288.61 814,038.30

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AccountBalance


WF AB2766

Check/Ref

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Page: 1

0003100 7/01/2021 AB2766 Grant 272.70 0.00 1,917,852.56####### 7/06/2021 Transfer AB2766 - April 2021 0.00 68,456.34 1,986,308.900003101 7/27/2021 AB2766 Grant - Reimbursement for Advertsing 150.00 0.00 1,986,158.900003102 7/27/2021 AB2766 Grant 16,029.28 0.00 1,970,129.62

Total for Report: 16,451.98 68,456.34

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WF Carl Moyer

Check/Ref

Run: 9/13/2021 at 2:55 PM


Page: 1

0001025 7/27/2021 Moyer Grant 110,153.00 0.00 571,096.25

Total for Report: 110,153.00 0.00

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AccountBalance


PARS TRUST - OPEB

Check/Ref

Run: 9/13/2021 at 2:53 PM


Page: 1

7/31/2021 Service Charge 439.88 0.00 892,382.637/31/2021 Interest Earned 0.00 3,782.92 896,165.55

Total for Report: 439.88 3,782.92

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AccountBalance


PARS TRUST - PENSION

Check/Ref

Run: 9/13/2021 at 2:54 PM


Page: 1

7/31/2021 Service Charge 687.55 0.00 1,393,906.767/31/2021 Interest Earned 0.00 6,690.51 1,400,597.27


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AccountBalance


District Card - Assigned

Check/Ref

Run: 9/13/2021 at 2:51 PM


Page: 1

7/04/2021 CC Adjustment 0.00 1,587.85 16,590.95


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AccountBalance


District Card - 4500

Check/Ref

Run: 9/13/2021 at 2:50 PM


Page: 1

0000437 7/04/2021 Invoices , , 4507, 4518 223.20 0.00 -223.200000438 7/04/2021 Inv 1050473060621 -TV Service - 06/06/21 - 07/05/21 159.94 0.00 -383.140000439 7/04/2021 Invoices , 982.65 0.00 -1,365.790000440 7/04/2021 Lodging - Inspections - J Craig 141.75 0.00 -1,507.540000441 7/04/2021 Rubber Stamp Champ stamps for Admin 120.14 0.00 -1,627.680000442 7/04/2021 Inv 844436632 - West Information Charges 808.44 0.00 -2,436.120000443 7/04/2021 Supplies - Lost Receipt 10.00 0.00 -2,446.12

7/29/2021 July 2021 Statement Payment 0.00 2,446.12

Total for Report: 2,446.12 2,446.12

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AccountBalance


District Card - 4837

Check/Ref

Run: 9/13/2021 at 2:50 PM


Page: 1

0000849 7/04/2021 District Event Supplies 8.70 0.00 3,112.200000850 7/04/2021 Conference Registration - R Simpson - M Powell 2,180.00 0.00 932.200000851 7/04/2021 District Event Supplies 10.96 0.00 921.240000852 7/04/2021 Inv 28400301 - Pest Control Service - June 2021 52.00 0.00 869.240000853 7/04/2021 Lodging - Calpelra Conference - R Simpson - M Powell 941.88 0.00 -72.640000854 7/04/2021 Facebook Post for LGER program in increase awareness 150.00 0.00 -222.640000855 7/04/2021 Lodging - Blythe Inspections - O Nessim 104.50 0.00 -327.140000856 7/04/2021 Legal Notice - Notice of Title V Permit Modification CalPortland Company (C.

Anderson). Publication date June 28, 2021.504.91 0.00 -832.05

0000857 7/04/2021 District Event Supplies 8.65 0.00 -840.700000858 7/04/2021 Invoices 0011471476, 4414 1,354.00 0.00 -2,194.700000859 7/04/2021 District Event Food 378.89 0.00 -2,573.590000860 7/04/2021 District Event Supplies 47.40 0.00 -2,620.99

7/29/2021 July 2021 Statement Payment 0.00 2,620.01 -0.98

Total for Report: 5,741.89 2,620.01

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Interoffice Memo

From: Jorge Camacho Grants Analyst 760.245.1661, ext. 2020 Fax 760.245.2699 [email protected]

To: Brad Poiriez [email protected] Date: September 27, 2021 Subject: September Grant Report

Updates

Current Project List September 2021

Funding Source

Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program)

Project Name Grant Award Status

Chaffin Farms Project # 1_2021_1990 MF 383 $ 59,841.60 Pending

Coxco LLC Project #1 2021_JD 8420 and JD 770BH

295,035.00 Pending

DeConinck Farms Project #1 2021-1987 New Holland Bale Wagon

162,087.00 Pending

Red River Farms Project #1 2021_JD 7210 (3-2)164,400.00 Pending

Robinson Farms Project #1 2021-1993 JD 7400 108,832.00 Pending

Total Carl Moyer Grant Awards $ 790,195.60

Funding Source

FARMER Year 2


Fisher Ranch LLC Project 5A Off-Road Agricultural Equipment

$ 44,000.00 Pending


46,688.00 Pending


41,915.43 Pending


41,915.43 Pending

Total $ 174,518.86

Funding Source

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AB 134/617-Community Action Program


AVUSD Electric Bus Infrastructure $ 30,738.97 Pending

AESD Electric Bus Infrastructure 29,900.63 Pending

Total AB 134/617 Grant Awards $ 60,639.60

Funding Source

Mobile Source Emissions Reduction


Lawn and Garden Residential Exchange Program $ 150,000.00 Ongoing/Yearly

Morongo Basin Transit 40,000.00 Ongoing/Yearly

Needles Area Transit 15,000.00 Ongoing/Yearly

Palo Verde Transit 20,000.00 Ongoing/Yearly

San Bernardino County 75,000.00 Ongoing/Yearly

Victor Valley Transit Authority 250,000.00 Ongoing/Yearly

Voluntary Accelerated Vehicle Retirement Program

100,000.00 Ongoing/Yearly

City of 29 Palms-Infrastructure Project 170,372.00 Pending

Total AB2766 Grant Awards $ 820,372.00

Funding Source Moyer Reserve and MSERP

Electric Vehicle Charging Stations


Copper Mountain College $ 49,999.00 Pending

EV Charging Solutions (VVGMC) 40,000.00 Pending

EV Range (Via Del Sol Hotel, Needles) 49,999.00 Pending

Total Grant Awards $ 139,998.00

Funding Source

Targeted Air Shed Grant


MNRC/CEMEX Locomotive Replacement $ 2,694,670.00

Total Grant Awards $ 2,694,670.00

Glossary of Terms and Definitions

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On-Going Yearly Funds are encumbered on a yearly and ongoing basis. Pending Grantee is under a contractual agreement with the District. Work in Progress Application is currently being reviewed by the Grants Section.

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41

The following page(s) contain the backup material for Agenda Item: Receive and file the

Legislative Report for September 2021. Presenter: Brad Poiriez, Executive

Director/APCO.


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AGENDA ITEM #5


RECOMMENDATION: Receive and file.

SUMMARY: The Legislative Report for September 2021.

BACKGROUND: Legislative actions proposed at the federal and state level have the potential to impact the implementation of the District’s mission as well as its regulatory operations. An important tool for the District is to monitor the flood of information and its status which allows for comment early in the process and preparation for any changes that may be required. The District contracts this service and receives periodic reports with summaries to help sort the pertinent legislative proposals.

Strategic Partners Group (SPG) is the consultant to the District providing this service to monitor certain legislative and regulatory activities at the state and local level. Staff will direct questions to SPG regarding any of the material presented or follow up on any matter of interest to the Governing Board. Following the table of proposed legislation are several Articles of Interest of relevant information.

REASON FOR RECOMMENDATION: This item is provided for information subject to direction of the Governing Board.

REVIEW BY OTHERS: This item was reviewed by Karen Nowak, District Counsel, as to legal form and by Brad Poiriez, Executive Director/APCO, on or about September 7, 2021.


PRESENTER: Brad Poiriez, Executive Director/APCO.

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MEMORANDUM DATE: September 6, 2021 TO: Brad Poiriez FROM: Frank Sheets Laurie Hansen ________________________________________________________________ Below please find our September legislative report. We have now reached the last week of the legislative session with both houses required to finalize the passage or defeat of bills by September 10. The Governor then has until October 10 to make his decision to veto or chapter bills that have passed both Houses of the Legislature. As we do periodically, we scanned through existing bills meeting the District’s search criteria that we have not been tracking to double check if any “gut and amends” have occurred. With this review, we have added two bills to the District’s list, which might be of interest: AB 619 by Assembly-member Calderon is an air quality bill which would “require the department to develop a plan, addressing specified issues, with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. The bill would require the State Department of Public Health to consult with specified stakeholders in developing the plan.” The “department” in this case is the Office of Emergency Services. Although the bill references notice to the state’s counties, the bill, currently on the Senate floor, could have implications to local air districts. AB 1389 by Assembly member Reyes proposes to expand the Alternative and Renewable fuel and vehicle technology Program by finding mechanisms to include “developing and deploying innovative technologies that transform California’s fuel and vehicle types to help reduce criteria air pollutants and air toxics.” We felt this might be of interest to the District. As we move closer to the close of session the houses have proceeded to designate many bills that had not passed as “two-year” bills. Considering the District’s bill list, these include AB 1, 117, 267, 363, 585, 713, 1260, 1389, 1431, and SB 12 and 18. We have removed these bills from the District’s list but recall most will likely will show up again at the beginning of next years’ session. Of the remaining bills on the District’s list (now totaling 32) we would like to note a few: AB 322 has passed both houses and been sent to enrollment. Again, this bill deals with funding mechanisms for eligible biomass energy conversion projects. We assume such biomass conversion technologies could include transformation which has not been looked at favorably in California in terms of waste to energy. Of course any

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proposed project would require the necessary authorizations to proceed, but to have a measure promoting this source of energy we find of interest. AB 431 has also been enrolled. This bill to us represents a practical exemption from forestry management practices which helps protect property from the impact’s wildfires. AB 525, Offshore Wind Generation, is still under consideration on the Senate floor and is scheduled to be heard September 7. AB 1183, California Desert Conservation Program, has passed the Senate and been sent back to the Assembly for Concurrence in Senate amendments. AB 1346, Small off-road engines, is scheduled for its third reading in the Senate for September 7. AB 1395, Assembly-member Muratsuchi’s controversial/aggressive The California Climate Crisis Act is scheduled for its second Senate reading on September 7. Looking at the Senate Floor Analyses support and oppose list demonstrates the high degree of interest in this bill. SB 27 has also been Enrolled and calls for CARB in future scoping plan updates to “establish specified carbon dioxide removal targets for 2030 and beyond.” Finally, SB 596.the last bill on the District’s list, dealing with California’s Portland cement sector’s net-zero carbon emissions strategy will also have its third reading on September 7th. California’s cement industry has had several constructive discussions with the author to move this strategy forward. This concludes our September legislative report to the District. As always, should there be questions or comments, please feel free to reach out to us at your convenience.

MDAQMD 2021 bills Monday, September 06, 2021

AB 9 (Wood D) Fire safety and prevention: wildfires: fire adapted communities: Office of the State Fire Marshal: community wildfire preparedness and mitigation.

Current Analysis: 09/04/2021 Senate Floor Analyses (text 9/2/2021) Introduced: 12/7/2020 Last Amend: 9/3/2021 Location: 9/2/2021-S. SECOND READING

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House

Calendar: 9/7/2021 #76 SENATE ASSEMBLY BILLS - SECOND READING FILE

Summary: Would establish in the Department of Conservation the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. The bill would require, among other things, the department to, upon an appropriation by the Legislature, provide block grants to regional entities, as defined, to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.

Vote Events: 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P)

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07/13/2021 SEN. N.R. & W. (Y:8 N:0 A:1) (P) 05/27/2021 ASM. THIRD READING (Y:78 N:0 A:0) (P) 05/20/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/28/2021 ASM. L. GOV. (Y:8 N:0 A:0) (P) 04/14/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P)

AB 33 (Ting D) Energy Conservation Assistance Act of 1979: energy storage systems and electric vehicle charging infrastructure: Native American tribes.

Current Analysis: 09/01/2021 Assembly Floor Analysis (text 7/15/2021) Introduced: 12/7/2020 Last Amend: 7/15/2021 Location: 9/2/2021-A. ENROLLMENT



Summary: The Energy Conservation Assistance Act of 1979 authorizes a school, hospital, public care institution, or unit of local government to submit an application to the Energy Commission for an allocation for the purpose of financing all or a portion of the costs incurred in implementing a project, which includes an energy audit, energy conservation and operating procedure, or energy conservation measure in an existing or planned building or facility, an energy conservation project, or a technical assistance program. Current law requires the Energy Commission to approve only those applications for projects that will recover costs through savings in the cost of energy to the eligible institution during the repayment period of the allocation. Current law creates the State Energy Conservation Assistance Account, which is continuously appropriated to the Energy Commission for purposes of the act. This bill would require the Energy Commission, in administering the account, to provide grants and loans to local governments and public institutions to maximize energy use savings, expand installation of energy storage systems, and expand the availability of electric vehicle charging infrastructure, including technical assistance, demonstrations, and identification and implementation of cost-effective energy efficiency, energy storage, and electric vehicle charging infrastructure measures and programs in existing and planned buildings or facilities.

Vote Events: 09/02/2021 ASM. CONCURRENCE (Y:74 N:0 A:5) (P) 09/01/2021 SEN. Assembly 3rd Reading (Y:39 N:0 A:1) (P) 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/12/2021 SEN. E. U., & C. (Y:13 N:0 A:1) (P) 05/20/2021 ASM. CONSENT CALENDAR (Y:76 N:0 A:2) (P) 05/12/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/21/2021 ASM. U. & E. (Y:15 N:0 A:0) (P)

AB 39 (Chau D) California-China Climate Institute. Current Analysis: 09/02/2021 Senate Floor Analyses (text 9/1/2021) Introduced: 12/7/2020 Last Amend: 9/1/2021 Location: 9/2/2021-S. THIRD READING



Calendar: 9/7/2021 #188 SENATE ASSEMBLY BILLS - THIRD READING FILE

Summary: Would, subject to the availability of private funds, authorize the Regents of the University of California to establish the California-China Climate Institute, as specified, and in partnership with the Institute of Climate Change and Sustainable Development at Tsinghua University and other entities and institutions in China and California. The bill would require the institute to foster collaboration to inform and shape climate policy and advance the goals of the Paris Agreement, advance joint policy research on major climate issues, support high-level dialogue on specific climate issues, and provide training to specified entities to advance climate and environmental policies. The bill would require the institute to work closely with University of California campuses, departments, and leaders, and would authorize the institute to receive guidance and support from experts and state entities.

Vote Events: 08/26/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 06/21/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 06/14/2021 SEN. E.Q. (Y:5 N:2 A:0) (P) 06/09/2021 SEN. ED. (Y:5 N:1 A:1) (P) 05/13/2021 ASM. THIRD READING (Y:50 N:16 A:12) (P) 04/28/2021 ASM. APPR. (Y:11 N:4 A:1) (P) 04/14/2021 ASM. NAT. RES. (Y:8 N:0 A:3) (P)

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03/24/2021 ASM. HIGHER ED. (Y:8 N:4 A:0) (P)

AB 72 (Petrie-Norris D) Environmental protection: coastal adaptation projects: natural infrastructure: regulatory review and permitting: report.

Current Analysis: 09/03/2021 Assembly Floor Analysis (text 6/28/2021) Introduced: 12/7/2020 Last Amend: 6/28/2021 Location: 9/3/2021-A. CONCURRENCE



Calendar: 9/7/2021 #39 ASSEMBLY CONCURRENCE IN SENATE AMENDMENTS

Summary: Would enact the Coastal Adaptation Permitting Act of 2021. The bill would require the Natural Resources Agency to explore, and authorize it to implement, options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure, as defined. The bill would require the agency to submit, by July 1, 2023, a report to the Legislature with suggestions and recommendations for improving and expediting the coordination between appropriate agencies in their regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.

Vote Events: 09/03/2021 SEN. Special Consent (Y:37 N:0 A:3) (P) 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/08/2021 SEN. N.R. & W. (Y:8 N:0 A:1) (P) 05/27/2021 ASM. THIRD READING (Y:78 N:0 A:0) (P) 05/20/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/14/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P)

AB 73 (Rivas, Robert D) Health emergencies: employment safety: agricultural workers: wildfire smoke. Current Analysis: 08/31/2021 Senate Floor Analyses (text 8/26/2021) Introduced: 12/7/2020 Last Amend: 9/3/2021 Location: 9/3/2021-S. SECOND READING




Summary: Current law requires the State Department of Public Health and the Office of Emergency Services, in coordination with other state agencies, to, upon appropriation and as necessary, establish a personal protective equipment (PPE) stockpile. Current law requires the department to establish guidelines for the procurement, management, and distribution of PPE, taking into account, among other things, the amount of each type of PPE that would be required for all health care workers and essential workers, as defined, in the state during a 90-day pandemic or other health emergency. This bill would specifically include wildfire smoke events among health emergencies for these purposes. The bill would include agricultural workers, as defined, in the definition of essential workers.

Vote Events: 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/15/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/05/2021 SEN. P.E. & R. (Y:5 N:0 A:0) (P) 06/23/2021 SEN. HEALTH (Y:11 N:0 A:0) (P) 06/01/2021 ASM. THIRD READING (Y:78 N:0 A:1) (P) 05/20/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/08/2021 ASM. L. & E. (Y:7 N:0 A:0) (P)

AB 113 (Boerner Horvath D) Income taxes: credits: electric vehicles. Introduced: 12/17/2020 Last Amend: 4/7/2021 Location: 3/25/2021-A. H. & C.D.



Summary: The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, in an amount equal to 40% of the amount paid or incurred in qualified costs by a

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qualified taxpayer during the taxable year for the installation of specified electric vehicle supply equipment in a covered multifamily dwelling or covered nonresidential building, subject to specified maximum credit amounts. The bill would define various terms for these purposes. The bill would repeal these provisions as of December 1, 2026.

AB 284 (Rivas, Robert D) California Global Warming Solutions Act of 2006: climate goal: natural and working lands. Current Analysis: 09/01/2021 Senate Floor Analyses (text 7/14/2021) Introduced: 1/21/2021 Last Amend: 7/14/2021 Location: 9/2/2021-S. INACTIVE FILE



Summary: Would require the State Air Resources Board, as part of the next scoping plan update, in collaboration with the Natural Resources Agency and other relevant state agencies and departments and no later than January 1, 2023, to identify a 2045 climate goal, with interim milestones, for the state’s natural and working lands, as defined, and to integrate into the scoping plan update recommendations developed by the Natural Resources Agency and the Department of Food and Agriculture regarding practices, policy and financial incentives, market needs, and potential reductions in barriers that would help achieve the 2045 climate goal, among other recommendations. The bill would require the state board, in collaboration with the Natural Resources Agency and other relevant state agencies and departments, to include this information in each subsequent update to the scoping plan and update that information, as appropriate.

Vote Events: 08/26/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/13/2021 SEN. N.R. & W. (Y:7 N:1 A:1) (P) 06/28/2021 SEN. E.Q. (Y:4 N:2 A:1) (P) 06/01/2021 ASM. THIRD READING (Y:52 N:18 A:9) (P) 05/20/2021 ASM. APPR. (Y:12 N:4 A:0) (P) 03/24/2021 ASM. NAT. RES. (Y:8 N:1 A:2) (P)

AB 297 (Gallagher R) Fire prevention. Introduced: 1/25/2021 Last Amend: 4/21/2021 Location: 2/12/2021-A. NAT. RES.



Summary: Would continuously appropriate $480,000,000 and $20,000,000 to the Department of Forestry and Fire Prevention and the California Conservation Corps, respectively, for fire prevention activities, as provided.

AB 304 (Quirk D) Contaminated sites: waste releases or surface or groundwater contamination: local oversight: remedial actions.

Current Analysis: 09/01/2021 Senate Floor Analyses (text 8/31/2021) Introduced: 1/25/2021 Last Amend: 8/31/2021 Location: 9/1/2021-S. THIRD READING




Summary: Whenever a release of waste occurs and remedial action is required, current law authorizes a responsible party, as defined, to request that a local officer supervise the remedial action. Current law authorizes a local officer to agree to supervise the remedial action if the local officer determines that certain conditions have been met. Current law requires that remedial action to be carried out only pursuant to a remedial action agreement, which includes specified elements, entered into by the local officer and the responsible party, and authorizes the local officer to withdraw from the agreement, after giving the responsible party adequate notice, at any time after making specified findings. Current law requires a local officer to provide written notification that includes specified information to the Department of Toxic Substances Control and the appropriate regional water quality control board at least 10 working days before entering into a remedial action agreement with a responsible party. This bill would authorize a responsible party to request the local officer to oversee a remedial investigation, as defined, or a remedial action, as defined, or both, only if the release of waste is not being overseen by the department or a regional water quality control board.

Vote Events: 06/14/2021 SEN. E.Q. (Y:6 N:1 A:0) (P) 04/22/2021 ASM. CONSENT CALENDAR (Y:76 N:0 A:2) (P)

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04/14/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/07/2021 ASM. E.S. & T.M. (Y:9 N:0 A:0) (P)

AB 322 (Salas D) Energy: Electric Program Investment Charge program: biomass. Current Analysis: 08/31/2021 Assembly Floor Analysis (text 8/18/2021) Introduced: 1/26/2021 Last Amend: 8/18/2021 Location: 9/1/2021-A. ENROLLMENT



Summary: Current law creates in the State Treasury the Electric Program Investment Charge Fund to be administered by the State Energy Resources Conservation and Development Commission and requires the PUC to forward to the Energy Commission, at least quarterly, moneys for those EPIC programs the PUC has determined should be administered by the Energy Commission for deposit in the fund. Current law requires the Energy Commission, in administering moneys in the fund for research, development, and demonstration programs, to develop and implement the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that are strategically focused and sufficiently narrow to make advancement on the most significant technological challenges. Current law, until January 1, 2023, requires the Energy Commission to expend certain percentages of the moneys appropriated from the fund for technology demonstration and deployment at sites that benefit certain communities. This bill would require the Energy Commission to consider, in the investment planning process for the EPIC program, funding for eligible biomass conversion to energy projects, as specified.

Vote Events: 09/01/2021 ASM. CONCURRENCE (Y:77 N:0 A:2) (P) 08/30/2021 SEN. Assembly 3rd Reading (Y:37 N:0 A:3) (P) 07/05/2021 SEN. E. U., & C. (Y:12 N:1 A:1) (P) 05/20/2021 ASM. CONSENT CALENDAR (Y:76 N:0 A:2) (P) 05/12/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/28/2021 ASM. NAT. RES. (Y:10 N:0 A:1) (P) 04/07/2021 ASM. U. & E. (Y:13 N:0 A:2) (P)

AB 365 (O'Donnell D) Sales and use taxes: exclusion: zero-emission and near-zero-emission drayage trucks. Introduced: 2/1/2021 Location: 2/12/2021-A. REV. & TAX



Summary: Current sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. The Sales and Use Tax Law defines the terms “gross receipts” and “sales price.” This bill would exclude from the terms “gross receipts” and “sales price” for purposes of the Sales and Use Tax Law the amount charged for the purchase of a new or used drayage truck that qualifies, on or after January 1, 2021, for certain emission reduction programs.

AB 431 (Patterson R) Forestry: timber harvesting plans: defensible space: exemptions. Current Analysis: 08/18/2021 Senate Floor Analyses (text 2/4/2021) Introduced: 2/4/2021 Location: 8/31/2021-A. ENROLLMENT



Summary: The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, as prescribed, including, only until January 1, 2022, the cutting or removal of trees on the person’s property in compliance with specified defensible space requirements, as provided. This bill would extend to January 1, 2026, the board’s authorization to exempt a person engaging in the cutting or removal of trees on the person’s property in compliance with the specified defensible space requirements as provided.

Vote Events: 08/30/2021 SEN. Consent Calendar (Y:39 N:0 A:1) (P) 06/29/2021 SEN. N.R. & W. (Y:9 N:0 A:0) (P) 04/22/2021 ASM. CONSENT CALENDAR (Y:76 N:0 A:2) (P)

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04/14/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 03/24/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P)

AB 525 (Chiu D) Energy: offshore wind generation. Current Analysis: 08/31/2021 Senate Floor Analyses (text 8/26/2021) Introduced: 2/10/2021 Last Amend: 9/3/2021 Location: 9/3/2021-S. SECOND READING




Summary: Current law requires the Public Utilities Commission and the Energy Commission to undertake various actions in furtherance of meeting the state’s clean energy and pollution reduction objectives. This bill would require the Energy Commission, on or before March 1, 2022, 2023, to evaluate and quantify the range of maximum feasible capacities of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits, taking into account other eligible renewable energy resources, and to establish offshore wind planning goals for 2030 and 2045, as specified.

Vote Events: 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/13/2021 SEN. N.R. & W. (Y:8 N:0 A:1) (P) 07/05/2021 SEN. E. U., & C. (Y:13 N:0 A:1) (P) 05/27/2021 ASM. THIRD READING (Y:71 N:1 A:6) (P) 05/20/2021 ASM. APPR. (Y:13 N:1 A:2) (P) 04/28/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P) 04/21/2021 ASM. U. & E. (Y:14 N:0 A:1) (P)

AB 619 (Calderon D) Air quality. Current Analysis: 08/31/2021 Senate Floor Analyses (text 8/26/2021) Introduced: 2/12/2021 Last Amend: 9/3/2021 Location: 9/3/2021-S. SECOND READING




Summary: The California Emergency Services Act, among other things, creates the Office of Emergency Services, which is responsible for the state’s emergency and disaster response services, as specified. Current law requires the Governor to coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency. Current law requires the governing body of each political subdivision of the state to carry out the provisions of the State Emergency Plan. Current law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, among other requirements. This bill would require the department to develop a plan, addressing specified issues, with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. The bill would require the State Department of Public Health to consult with specified stakeholders in developing the plan.

Vote Events: 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/06/2021 SEN. G.O. (Y:15 N:0 A:0) (P) 06/23/2021 SEN. HEALTH (Y:11 N:0 A:0) (P) 06/01/2021 ASM. THIRD READING (Y:79 N:0 A:0) (P) 05/20/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/19/2021 ASM. EMERGENCY MANAGEMENT (Y:6 N:0 A:1) (P) 04/06/2021 ASM. HEALTH (Y:15 N:0 A:0) (P)

AB 648 (Fong R) Greenhouse Gas Reduction Fund: healthy forest and fire prevention: appropriation. Introduced: 2/12/2021 Location: 2/25/2021-A. NAT. RES.



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Summary: Would continuously appropriate, beginning in the 2021–22 fiscal year and ending in the 2028–29 fiscal year, $200,000,000 of the annual proceeds from the Greenhouse Gas Reduction Fund to the Department of Forestry and Fire Protection for (1) healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires and (2) prescribed fire and other fuel reduction projects through proven forestry practices consistent with the recommendations of the California Forest Carbon Plan, including the operation of year-round prescribed fire crews and implementation of a research and monitoring program for climate change adaptation.

AB 1183 (Ramos D) California Desert Conservation Program. Current Analysis: 09/02/2021 Assembly Floor Analysis (text 7/12/2021) Introduced: 2/18/2021 Last Amend: 7/12/2021 Location: 9/2/2021-A. CONCURRENCE



Calendar: 9/7/2021 #26 ASSEMBLY CONCURRENCE IN SENATE AMENDMENTS

Summary: Would establish the California Desert Conservation Program under the administration of the Conservation Board to: (1) protect, preserve, and restore the natural, cultural, and physical resources of the portions of the Mojave and Colorado Deserts region in California through the acquisition, restoration, and management of lands, (2) promote the protection and restoration of the biological diversity of the region, as specified, (3) provide for resilience in the region to climate change, as provided, (4) protect and improve air quality and water resources within the region, and (5) undertake efforts to enhance public use and enjoyment of lands owned by the public, as provided.

Vote Events: 09/02/2021 SEN. Assembly 3rd Reading (Y:30 N:6 A:4) (P) 08/26/2021 SEN. APPR. (Y:5 N:1 A:1) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/08/2021 SEN. N.R. & W. (Y:7 N:0 A:2) (P) 06/02/2021 ASM. THIRD READING (Y:59 N:13 A:7) (P) 05/20/2021 ASM. APPR. (Y:12 N:3 A:1) (P) 04/26/2021 ASM. W.,P. & W. (Y:11 N:4 A:0) (P)

AB 1261 (Burke D) State Air Resources Board: greenhouse gas emissions: incentive programs. Current Analysis: 08/31/2021 Senate Floor Analyses (text 8/26/2021) Introduced: 2/19/2021 Last Amend: 8/26/2021 Location: 9/3/2021-S. CONSENT CALENDAR



Calendar: 9/7/2021 #228 SENATE SPECIAL CONSENT CALENDAR NO. 12

Summary: Would require the State Air Resources Board to establish specified processes to assist the state in achieving its greenhouse gas emissions reduction goals, including a process to identify any overlap among its incentive programs, as defined, that share the same objectives and a process to define, collect, and evaluate data on the behavioral changes that result from each of its incentive programs. The bill would require the state board to use the information collected pursuant to these processes to refine the greenhouse gas emissions estimates for its incentive programs in its annual reports to the Legislature, its funding plans or any long-term planning documents or reports. The bill would require the state board to develop a process to define, collect, and evaluate data that will translate to metrics demonstrating the socioeconomic benefits that result from each of its incentive programs, and to use this data to make funding and design recommendations in its annual reports to the Legislature and or funding plans, as provided.

Vote Events: 08/26/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/05/2021 SEN. APPR. (Y:6 N:0 A:1) (P) 06/28/2021 SEN. E.Q. (Y:6 N:0 A:1) (P) 06/02/2021 ASM. THIRD READING (Y:76 N:0 A:3) (P) 05/20/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/14/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P)

AB 1346 (Berman D) Air pollution: small off-road engines. Current Analysis: 09/01/2021 Senate Floor Analyses (text 8/26/2021) Introduced: 2/19/2021 Last Amend: 8/26/2021

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Location: 8/30/2021-S. THIRD READING




Summary: Would require the State Air Resources Board, by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. The bill would require the state board to identify and, to the extent feasible, make available funding for commercial rebate or similar incentive funding as part of any updates to existing applicable funding program guidelines to local air pollution control districts and air quality management districts to implement to support the transition to zero-emission small off-road equipment operations.

Vote Events: 08/26/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/12/2021 SEN. E.Q. (Y:5 N:2 A:0) (P) 06/02/2021 ASM. THIRD READING (Y:49 N:20 A:10) (P) 05/20/2021 ASM. APPR. (Y:12 N:4 A:0) (P) 05/12/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/28/2021 ASM. NAT. RES. (Y:7 N:3 A:1) (P)

AB 1365 (Bonta D) Public contracts: clean concrete. Current Analysis: 04/13/2021 Assembly Accountability And Administrative Review (text 3/25/2021) Introduced: 2/19/2021 Last Amend: 3/25/2021 Location: 4/15/2021-A. NAT. RES.



Summary: The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. This bill would require the Department of General Services, on or before January 1, 2024, to establish and publish a maximum acceptable global warming potential for concrete, as specified. The bill would, beginning January 1, 2022, require an awarding authority to require a winning bidder for an eligible project to submit an Environmental Product Declaration developed in accordance with specified standards prior to installation of any concrete products..

Vote Events: 04/14/2021 ASM. A. & A.R. (Y:5 N:1 A:1) (P)

AB 1389 (Reyes D) Alternative and Renewable Fuel and Vehicle Technology Program. Current Analysis: 08/28/2021 Senate Floor Analyses (text 6/24/2021) Introduced: 2/19/2021 Last Amend: 9/3/2021 Location: 9/3/2021-S. SECOND READING




Summary: Current law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Current law requires the commission to give preference to those projects that maximize the goals of the program based on specified criteria and to fund specified eligible projects, including, among others, alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels. Current law creates the Alternative and Renewable Fuel and Vehicle Technology Fund, to be administered by the commission, and requires the moneys in the fund, upon appropriation by the Legislature, to be expended by the commission to implement the program. This bill would revise and recast the program to expand the purpose of the program to include developing and deploying innovative technologies that transform California’s fuel and vehicle types to help reduce criteria air pollutants and air toxics.

Vote Events: 08/26/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/13/2021 SEN. TRANS. (Y:13 N:2 A:2) (P)

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07/05/2021 SEN. E. U., & C. (Y:11 N:1 A:2) (P) 05/27/2021 ASM. THIRD READING (Y:58 N:12 A:8) (P) 05/12/2021 ASM. APPR. (Y:13 N:3 A:0) (P) 04/19/2021 ASM. TRANS. (Y:13 N:1 A:1) (P)

AB 1395 (Muratsuchi D) The California Climate Crisis Act. Current Analysis: 09/01/2021 Senate Floor Analyses (text 8/26/2021) Introduced: 2/19/2021 Last Amend: 9/3/2021 Location: 9/3/2021-S. SECOND READING




Summary: The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years. This bill, the California Climate Crisis Act, would declare the policy of the state both to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and achieve and maintain net negative greenhouse gas emissions thereafter, and to ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 90% below the 1990 levels.

Vote Events: 08/26/2021 SEN. APPR. (Y:4 N:2 A:1) (P) 08/16/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 07/12/2021 SEN. E.Q. (Y:5 N:2 A:0) (P) 06/03/2021 ASM. THIRD READING (Y:42 N:21 A:16) (P) 05/20/2021 ASM. APPR. (Y:11 N:4 A:1) (P) 04/28/2021 ASM. NAT. RES. (Y:8 N:3 A:0) (P)

AB 1559 (O'Donnell D) Energy: Innovative Renewable Energy for Buildings Act of 2021. Introduced: 2/19/2021 Last Amend: 3/18/2021 Location: 3/18/2021-A. NAT. RES.



Summary: Current law requires the State Energy Resources Conservation and Development Commission to administer the Alternative and Renewable Fuel and Vehicle Technology Program to provide financial assistance for the development and deployment of innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. This bill, the Innovative Renewable Energy for Buildings Act of 2021, would, until January 1, 2031, require the commission to establish and implement a program to provide financial incentives to producers for the production of renewable propane, renewable hydrogen, and renewable dimethyl ether meeting certain requirements and that is used as an energy source for buildings in the state.

AJR 1 (Kalra D) Abolition of U.S. Immigration and Customs Enforcement. Current Analysis: 04/14/2021 Assembly Floor Analysis (text 3/25/2021) Introduced: 12/7/2020 Last Amend: 3/25/2021 Location: 7/5/2021-A. INACTIVE FILE



Summary: This measure would urge the federal government to abolish U.S. Immigration and Customs Enforcement within the Department of Homeland Security, and implement an orderly and just transfer of essential and basic legally required functions in a manner that upholds values of due process, equality under the law, and family unity.

Vote Events: 04/13/2021 ASM. JUD. (Y:7 N:3 A:1) (P)

SB 1 (Atkins D) Coastal resources: sea level rise. Current Analysis: 09/01/2021 Senate Floor Analyses (text 6/24/2021) Introduced: 12/7/2020 Last Amend: 6/24/2021 Location: 9/2/2021-S. ENROLLMENT

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Summary: Thee California Coastal Act of 1976 establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission, within 90 days after January 1, 1977, to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, including a common methodology for the preparation of, and the determination of the scope of, the local coastal programs, as provided. This bill would also include, as part of the procedures the commission is required to adopt, recommendations and guidelines for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, as provided. The bill would delete the timeframe specified above by which the commission is required to adopt these procedures.

Vote Events: 09/02/2021 SEN. Unfinished Business (Y:33 N:2 A:5) (P) 09/01/2021 ASM. THIRD READING (Y:60 N:12 A:7) (P) 08/26/2021 ASM. APPR. (Y:13 N:3 A:0) (P) 06/23/2021 ASM. NAT. RES. (Y:9 N:0 A:2) (P) 05/24/2021 SEN. Senate 3rd Reading (Y:33 N:5 A:2) (P) 05/20/2021 SEN. APPR. (Y:6 N:1 A:0) (P) 04/19/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 04/12/2021 SEN. E.Q. (Y:5 N:1 A:1) (P) 03/16/2021 SEN. N.R. & W. (Y:7 N:2 A:0) (P)

SB 7 (Atkins D) Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2021.

Current Analysis: 07/01/2021 Assembly Appropriations (text 2/18/2021) Introduced: 12/7/2020 Last Amend: 2/18/2021 Location: 5/20/2021-S. CHAPTERED



Summary: Would enact the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, which would reenact the former leadership act, with certain changes, and would authorize the Governor, until January 1, 2024, to certify projects that meet specified requirements for streamlining benefits related to CEQA. The bill would additionally include housing development projects, as defined, meeting certain conditions as projects eligible for certification. The bill would, except for those housing development projects, require the quantification and mitigation of the impacts of a project from the emissions of greenhouse gases, as provided. The bill would revise and recast the labor-related requirements for projects undertaken by both public agencies and private entities. The bill would provide that the Governor is authorized to certify a project before the lead agency certifies the final EIR for the project.

Vote Events: 05/10/2021 ASM. THIRD READING (Y:71 N:2 A:5) (P) 05/05/2021 ASM. APPR. (Y:16 N:0 A:0) (P) 04/28/2021 ASM. NAT. RES. (Y:9 N:1 A:1) (P) 03/01/2021 SEN. Senate 3rd Reading (Y:34 N:0 A:5) (P) 02/25/2021 SEN. APPR. (Y:6 N:0 A:0) (P) 02/22/2021 SEN. E.Q. (Y:5 N:0 A:2) (P)

SB 27 (Skinner D) Carbon sequestration: state goals: natural and working lands: registry of projects. Current Analysis: 09/02/2021 Senate Floor Analyses (text 8/30/2021) Introduced: 12/7/2020 Last Amend: 8/30/2021 Location: 9/3/2021-S. ENROLLMENT



Summary: Would require, no later than July 1, 2023, the Natural Resources Agency, in coordination with the California Environmental Protection Agency, the State Air Resources Board, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the state’s climate goals. The bill would require the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.

Vote Events: 09/03/2021 SEN. Unfinished Business (Y:34 N:4 A:2) (P) 09/02/2021 ASM. THIRD READING (Y:75 N:0 A:4) (P) 08/26/2021 ASM. APPR. (Y:12 N:0 A:4) (P)

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06/23/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P) 05/28/2021 SEN. Senate 3rd Reading (Y:34 N:3 A:3) (P) 05/20/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 05/10/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 04/27/2021 SEN. N.R. & W. (Y:7 N:0 A:2) (P) 03/15/2021 SEN. E.Q. (Y:5 N:0 A:2) (P)

SB 36 (Skinner D) Energy efficiency. Introduced: 12/7/2020 Location: 12/7/2020-S. RLS.



Summary: Current law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards.This bill would make nonsubstantive revisions to these provisions.

SB 45 (Portantino D) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022.

Current Analysis: 05/22/2021 Senate Floor Analyses (text 4/8/2021) Introduced: 12/7/2020 Last Amend: 4/8/2021 Location: 6/1/2021-S. INACTIVE FILE



Summary: Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $5,595,000,000 pursuant to the State General Obligation Bond Law to finance projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection program.

Vote Events: 05/20/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 05/03/2021 SEN. APPR. (Y:6 N:0 A:1) (P) 04/15/2021 SEN. GOV. & F. (Y:5 N:0 A:0) (P) 03/16/2021 SEN. N.R. & W. (Y:7 N:2 A:0) (P)

SB 68 (Becker D) Building electrification and electric vehicle charging. Current Analysis: 08/31/2021 Assembly Floor Analysis (text 5/20/2021) Introduced: 12/7/2020 Last Amend: 5/20/2021 Location: 9/1/2021-S. ENROLLMENT



Summary: Would require the Energy Commission to gather or develop, and publish on its internet website, guidance and best practices to help building owners, the construction industry, and local governments overcome barriers to electrification of buildings and installation of electric vehicle charging equipment.

Vote Events: 09/01/2021 ASM. THIRD READING (Y:75 N:0 A:4) (P) 08/26/2021 ASM. APPR. (Y:15 N:0 A:1) (P) 06/30/2021 ASM. U. & E. (Y:15 N:0 A:0) (P) 05/28/2021 SEN. Senate 3rd Reading (Y:35 N:1 A:4) (P) 05/20/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 05/17/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 04/19/2021 SEN. E. U., & C. (Y:10 N:2 A:2) (P)

SB 474 (McGuire D) Energy. Introduced: 2/17/2021 Location: 2/17/2021-S. RLS.



Summary: Would state the intent of the Legislature to enact subsequent legislation related to energy and utilities.

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SB 500 (Min D) Autonomous vehicles: zero emissions. Current Analysis: 09/01/2021 Senate Floor Analyses (text 6/23/2021) Introduced: 2/17/2021 Last Amend: 6/23/2021 Location: 9/2/2021-S. ENROLLMENT



Summary: Current law provides for various programs to promote the use of zero-emission vehicles, including the Clean Vehicle Rebate Project, which was established by the State Air Resources Board as a part of the Air Quality Improvement Program, to promote the use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles, and the Charge Ahead California Initiative, which establishes various goals, including the goal of placing in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023.This bill, commencing January 1, 2030, and to the extent authorized by federal law, would prohibit the operation of certain new autonomous vehicles that are not zero-emission vehicles, as defined. The bill would also prohibit the DMV from commencing rulemaking for the adoption of regulations implementing this provision until January 1, 2027.

Vote Events: 09/02/2021 SEN. Unfinished Business (Y:30 N:9 A:1) (P) 09/01/2021 ASM. THIRD READING (Y:53 N:20 A:6) (P) 08/19/2021 ASM. APPR. (Y:12 N:4 A:0) (P) 07/07/2021 ASM. C. & C. (Y:9 N:3 A:1) (P) 06/21/2021 ASM. TRANS. (Y:11 N:4 A:0) (P) 06/02/2021 SEN. Senate 3rd Reading (Y:29 N:7 A:4) (P) 05/20/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 05/10/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 04/13/2021 SEN. TRANS. (Y:12 N:2 A:3) (P)

SB 596 (Becker D) Greenhouse gases: cement sector: net-zero emissions strategy. Current Analysis: 09/03/2021 Assembly Floor Analysis (text 9/3/2021) Introduced: 2/18/2021 Last Amend: 9/3/2021 Location: 8/31/2021-A. THIRD READING



Calendar: 9/7/2021 #170 ASSEMBLY THIRD READING FILE - SENATE BILLS

Summary: Would require the State Air Resources Board, by July 1, 2023, to develop a comprehensive strategy for the state’s cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state as soon as possible, but no later than December 31, 2045. The bill would require the state board, in developing this comprehensive strategy, to define a metric for greenhouse gas intensity and evaluate data, as provided, to establish a baseline from which to measure greenhouse gas intensity reductions, coordinate and consult with other state agencies, prioritize actions that leverage state and federal incentives, and evaluate measures to support market demand and financial incentives to encourage the production and use of cement with low greenhouse gas intensity, among other actions.

Vote Events: 08/26/2021 ASM. APPR. (Y:13 N:3 A:0) (P) 06/23/2021 ASM. NAT. RES. (Y:11 N:0 A:0) (P) 05/24/2021 SEN. Senate 3rd Reading (Y:31 N:9 A:0) (P) 05/20/2021 SEN. APPR. (Y:5 N:2 A:0) (P) 05/17/2021 SEN. APPR. (Y:7 N:0 A:0) (P) 04/29/2021 SEN. E.Q. (Y:5 N:1 A:1) (P)

Total Measures: 32

Total Tracking Forms: 32

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56

The following page(s) contain the backup material for Agenda Item: Discuss and finalize

action on Amendment to the Employment Agreement (“Master Agreement”) with the

Executive Director/Air Pollution Control Officer; adopt the Amendment; authorize the

Chair of the Governing Board to execute the amended agreement; and direct staff actions.

Presenter: Merl Abel, Chair, Governing Board.


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AGENDA ITEM # 8


RECOMMENDATION: Discuss and finalize action on Amendment to the Employment Agreement (“Master Agreement”) with the Executive Director/Air Pollution Control Officer; adopt the Amendment; authorize the Chair of the Governing Board to execute the amended agreement; and direct staff actions.

SUMMARY: This item allows the Governing Board to publicly discuss and finalize adoption of an Amendment to the Employment Agreement (“Master Agreement”) with the Executive Director/APCO, and direct actions to execute the agreement.

BACKGROUND: The Personnel Committee conducted an annual performance evaluation for Mr. Brad Poiriez, Executive Director/APCO, and communicated the results during the Closed Session. The Personnel Committee and Executive Director/APCO also engaged in discussions regarding amendments to the Master Agreement. The Personnel Committee then provided a recommendation to the Governing Board regarding the proposed amendments and the recommendation was considered by a quorum of the Governing Board. This item allows the Governing Board to publicly discuss and finalize the Amendments to the Employment Agreement between the District and Mr. Poiriez.

A Fifth Amendment to the Employment Agreement, which has been discussed with the Executive Director/APCO is included in the Agenda for public discussion and action in open session. The Fifth Amendment includes revisions to compensation, duration and benefits under the Master Agreement. By this action the Governing Board will approve the Fifth Amendment to the Employment Agreement including any additional changes adopted by the Governing Board in this action and authorize the Governing Board Chair to execute the Fifth Amendment.

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REASON FOR RECOMMENDATION: Governing Board action is required to adopt the Fifth Amendment to the Employment Agreement with Mr. Poiriez.

REVIEW BY OTHERS: This item was reviewed by Piero Dallarda, Special Counsel to the Governing Board as to legal form on or about September 13, 2021.

FINANCIAL DATA: Subject to approved any financial adjustments to the Employment Agreement, financial information will be provided if required.

PRESENTER: Merl Abel, Governing Board Chair.

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27671.00205\34343833.3

FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEENTHE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT AND

THE EXECUTIVE DIRECTOR

This FIFTH AMENDMENT (hereinafter referred to as “Amendment”) is made and entered into as of September 27, 2021, by and between the Mojave Desert Air Quality Management District (“DISTRICT”), a Special District, referred to in this Agreement as “EMPLOYER,” and Brad Poiriez, referred to in this Agreement as “EMPLOYEE,” in order to amend, in writing, the terms and conditions of employment for the Executive Director of the EMPLOYER.

WHEREAS, EMPLOYER and EMPLOYEE entered into that certain Employment Agreement dated June 16, 2016 (hereinafter referred to as “Master Agreement”); and

WHEREAS, on or about August 27, 2017, EMPLOYER and EMPLOYEE entered into a First Amendment to the Master Agreement; and

WHEREAS, on or about August 27 2018, EMPLOYER and EMPLOYEE entered into a Second Amendment to the Master Agreement; and

WHEREAS, on or about June 24, 2019, EMPLOYER and EMPLOYEE entered into a Third Amendment to the Master Agreement; and

WHEREAS, on or about June 8, 2020, EMPLOYER and EMPLOYEE entered into a Fourth Amendment to the Master Agreement; and

WHEREAS, EMPLOYER desires to continue to retain the services of EMPLOYEE as Executive Director of the Mojave Desert Air Quality Management District, who serves as the Air Pollution Control Officer, as provided by appointment of the District Governing Board pursuant to California Health & Safety Code §41260(b), and to continue providing certain benefits and establish certain working conditions for said EMPLOYEE;

WHEREAS, EMPLOYEE desires to continue to be employed as Executive Director of said Mojave Desert Air Quality Management District;

WHEREAS, EMPLOYER and EMPLOYEE now desire to amend certain provisions of the Master Agreement relating to compensation and benefits, and extend the term of the Master Agreement.

NOW THEREFORE, EMPLOYER and EMPLOYEE agree as follows:

1. Section 2, paragraph A, of the Master Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement is eight (8) years commencing from July 1, 2021. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the BOARD to terminate the

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27671.00205\34343833.3

services of EMPLOYEE at any time, subject only to the provisions set forth in Section 3(A), 3(B) and 4(A) below.

2. Section 4, paragraph A, of the Master Agreement is hereby amended in its entirety to read as follows:

In the event EMPLOYEE is terminated without cause by the majority of the full Governing Board before expiration of the term of this employment agreement and during such time that EMPLOYEE is willing and able to perform his duties under this Agreement, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment as follows:

If the separation occurs during the first twenty-four (24) months of the term of the Agreement (Years 1 and 2), EMPLOYEE will be paid an amount equal to eighteen (18) months of his base salary as of the date of separation.

If the separation occurs during months twenty-five (25) through forty-eight (48) of the term of the Agreement (Years 3 and 4), EMPLOYEE will be paid an amount equal to sixteen (16) months of his base salary as of the date of separation.

If the separation occurs during months forth-nine (49) through seventy-two (72) of the term of the Agreement (Years 5 and 6), EMPLOYEE will be paid an amount equal to fourteen (14) months of his base salary as of the date of separation.

If the separation occurs during months seventy-three (73) through ninety-six (96) of the term of the Agreement (Years 7 and 8), EMPLOYEE will be paid an amount equal to twelve (12) months of his base salary as of the date of separation.

Said payment shall be subject to applicable legal deductions.

3. Section 5 of the Master Agreement is hereby amended in its entirety to read as follows:

EMPLOYER agrees to pay EMPLOYEE for his services rendered pursuant hereto a base salary of two hundred nineteen thousand eight hundred eighteen dollars ($219,818.00) per year less all applicable withholdings. EMPLOYEE will be paid in installments

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at the same time and in the same manner as other employees of the EMPLOYER are paid.

Effective July 1, 2022, EMPLOYER agrees to pay EMPLOYEE at a rate which reflects a three percent (3%) increase in base salary over the amount that EMPLOYEE was receiving immediately prior thereto.

Effective July 1, 2023, EMPLOYER agrees to pay EMPLOYEE at a rate which reflects a two and one-half (2.5%) increase in base salary over the amount that EMPLOYEE was receiving immediately prior thereto.

Effective July 1, 2024, EMPLOYER agrees to pay EMPLOYEE at a rate which reflects a two and one-half percent (2.5%) increase in base salary over the amount that EMPLOYEE was receiving immediately prior thereto.

If the Board gives EMPLOYEE a satisfactory annual performance evaluation, EMPLOYER will pay a lump sum award in the amount of 2.5% of the annual base salary to be paid the pay period immediately following the satisfactory annual performance evaluation via regular payroll check, less applicable withholdings.

Based upon the Performance Evaluation, the EMPLOYER may also adjust the salary and/or benefits provided for herein the Agreement, including but not limited to adjusting the EMPLOYER contributions to the EMPLOYEE’s deferred compensation plan.

4. Section 10, paragraph B, of the Master Agreement is hereby amended in its entirety to read as follows:

EMPLOYER agrees to purchase and to pay the required premiums on a first term life insurance policy in order to provide five hundred thousand dollars ($500,000.00) of coverage, and further agrees to purchase and pay the required premiums on a second term life insurance policy in order to provide an additional five hundred thousand dollars ($500,000.00) of coverage, such that the total coverage amounts to one million dollars ($1,000,000.00).

5. Section 10, paragraph C, of the Master Agreement is hereby amended in its entirety to read as follows:

EMPLOYER encourages the EMPLOYEE to receive a complete physical examination and preventative health screenings by a

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qualified physician of his choice once per calendar year. A two thousand and five hundred dollar ($2500.00) allowance shall be paid to the EMPLOYEE in the first pay period of every calendar year. EMPLOYER’S cost shall not exceed two thousand and five hundred dollars ($2500.00).

6. Section 11 of the Master Agreement is hereby amended in its entirety to read as follows:

EMPLOYER agrees to provide for participation in and pay for the EMPLOYER contributions for San Bernardino County’s Employee's Retirement Association (SBCERA) as contained in the description of the District’s Retirement Program of as set forth in the District’s Exempt Compensation Plan. EMPLOYEE shall pay any and all EMPLOYEE contributions under SBCERA.

Effective July 1, 2021, EMPLOYER shall make monthly contributions to the EMPLOYER’s deferred compensation program in the amount of ten percent (10%) of EMPLOYEE’s base salary, as determined on July 1 of each year. The EMPLOYER’s contribution shall be in addition to the EMPLOYEE’s base salary. This contribution may be made to the MDAQMD 401 (a) Matching Contribution Plan.

Except as modified by this Amendment, all provisions of the Master Agreement, as amended by the First, Second, Third and Fourth Amendments to the Master Agreement, shall remain in full force and effect and shall govern the actions of the parties under this Amendment.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

MOJAVE DESERTAIR QUALITY MANAGEMENT DISTRICT

EMPLOYEE

Merl Abel, Board Chair Brad Poiriez

APPROVED AS TO LEGAL FORM

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Piero C. Dallarda, PartnerBest, Best & KriegerCounsel to the MDAQMD Governing Board

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The following page(s) contain the backup material for Agenda Item: Conduct a public

hearing to consider the amendment of MDAQMD Federal 75 ppb Ozone Attainment Plan

(Western Mojave Desert Nonattainment Area): a. Open public hearing; b. Receive staff

report; c. Receive public testimony; d. Close public hearing; e. Make a determination that

the California Environmental Quality Act (CEQA) Categorical Exemption applies; f.

Waive reading of Resolution; g. Adopt Resolution making appropriate findings, certifying

the Notice of Exemption, adopting the Rule and directing staff actions. Presenter: Alan

De Salvio, Deputy APCO.


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AGENDA ITEM #9


RECOMMENDATION: Conduct a public hearing to consider the amendment of MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area): a. Open public hearing; b. Receive staff report; c. Receive public testimony; d. Close public hearing; e. Make a determination that the California Environmental Quality Act (CEQA) Categorical Exemption applies; f. Waive reading of Resolution; g. Adopt Resolution making appropriate findings, certifying the Notice of Exemption, adopting the Rule and directing staff actions.

SUMMARY: The amendment of MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is proposed to address an issue identified by United States Environmental Protection Agency (USEPA) regarding implementation provisions for the contingency measure currently contained in the plan.

CONFLICT OF INTEREST: None.

BACKGROUND: On May 10, 2021, USEPA published a Notice of Proposed Rule Making (NPRM) at 86 FR 24809 proposing approval of the 2016 Western Mojave Desert Nonattainment Plan (2016 WMD Attainment Plan) conditional upon additional clarification regarding the triggers for, and implementation of, the plan’s contingency measure. The plan’s contingency measure is contained in the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) portion of the 2016 WMD Attainment Plan. The MDAQMD is therefore proposing to amend the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) to provide details regarding exactly what actions would trigger the contingency, how fast the contingency measure would be implemented and what form that implementation would take as requested by USEPA for full approval of the 2016 WMD Attainment Plan.

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In 2008 USEPA revised the National Ambient Air Quality Standards (NAAQS) for Ozone to 75 ppb over an 8-hour period. The WMD Nonattainment Area, including Desert Los Angeles County and a portion of Desert San Bernardino County was designated nonattainment and classified Severe-15 triggering a variety of planning requirements. After issuance of an implementation rule by USEPA in 2015 and various court challenges both the AVAQMD and the MDAQMD adopted plans to meet these requirements on 3/21/2017 and 2/27/2017 respectively.

Both plans, along with additional provisions provided by the California Air Resources Board (CARB) were submitted to USEPA on 6/2/2017 and are collectively referred to as the 2016 WMD Attainment Plan. On 12/11/2018 CARB submitted an update of the 2016 WMD Attainment Plan to address calculational issues, update the Reasonable Further Progress (RFP) determination and provide a revised motor vehicle emissions budget as a result of the ultimate conclusions of the court challenges.

42. U.S.C. §§7502(c)(9) and 7511a(c)(9) (Federal Clean Air Act §§172(c)(9) and 182(c)(9)) requires attainment plans for areas designated nonattainment and classified moderate and above to include contingency measures that would provide additional emissions reductions. Such contingency measures would only be implemented in the event that the area fails to make an RFP milestone or fails to attain the NAAQS on or before the applicable attainment date. The contingency measure identified in the 2016 WMD Attainment Plan was to apply the California Enhanced Vehicle Inspection and Maintenance Program (Enhanced I&M) to those areas within the WMD portion of the MDAQMD which are currently only subject to the Basic Vehicle Inspection and Maintenance Program (Basic I&M). California Health & Safety Code (H&S Code) §44003(c), which was already included in the State Implementation Plan (SIP), provides a simplified procedure, basically a letter sent by the Air Pollution Control Officer, to switch an area from Basic I&M to Enhanced I&M. Despite this USEPA indicated that additional clarification regarding this contingency measure was needed in the plan. The MDAQMD and CARB committed to providing this clarification via letters on 3/29/2021 and 4/9/2021 respectively.

Based upon this commitment, USEPA issued its NPRM which proposed approval of the 2016 WMD Attainment Plan along with conditional approval of the contingency measure pending appropriate amendment to upgrade the implementation provisions. The MDAQMD has developed this amendment to meet the commitment expressed in the 3/29/2021 and 4/9/2021 letters. Since the 2016 WMD Attainment Plan, and the MDAQMD’s portion thereof, is required to be part of the SIP this amendment must be adopted with all the proper notice, opportunity for public comment, and hearing as any other SIP revision.

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A Notice of Exemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will be prepared by the MDAQMD for the amendment of MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) pursuant to the requirements of CEQA.

REASON FOR RECOMMENDATION: Health & Safety Code §§40702 and 40703 require the Governing Board to hold a public hearing before adopting rules and regulations. Also, 42 U.S.C. §7410(l) (FCAA §110(l)) requires that all SIP revisions be adopted after public notice and hearing.

REVIEW BY OTHERS: This item was reviewed by Alan De Salvio, Deputy Director – Mojave Desert Operations on or about September 9, 2021.


PRESENTER: Alan De Salvio, Deputy APCO.

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RESOLUTION ______

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A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF EXEMPTION, AMENDING THE MDAQMD 75 PPB OZONE ATTAINMENT PLAN (WESTERN MOJAVE DESERT NONATTAINMENT AREA) AND DIRECTING STAFF ACTIONS.

On September 27, 2021, on motion by Member Board Member Name, seconded by Member Board

Member Name, and carried, the following resolution is adopted:

WHEREAS, on July 1, 1993 the Mojave Desert Air Quality Management District (MDAQMD)

was formed pursuant to statute (Health & Safety Code §§41200 et seq.); and

WHEREAS, on July 1, 1994 the area commonly known as the Palo Verde Valley in Riverside

County, including the City of Blythe, left South Coast Air Quality Management District (SCAQMD) and

joined the MDAQMD (Health & Safety Code §41210(c)); and

WHEREAS, the MDAQMD has authority pursuant to California Health and Safety Code (H&S

Code) §§40702, 40725-40728 to adopt, amend or repeal rules and regulations; and

WHEREAS, the MDAQMD is the agency that adopts plans for the entire geographical area within

its jurisdiction; and

WHEREAS, under the National Ambient Air Quality Standard (NAAQS) for Ozone measured on

a one-hour basis a portion of the MDAQMD was designated nonattainment and classified severe-17

(portions of the MDAQMD outside the Southeast Desert Modified Air Quality Management Area (AQMA)

are designated unclassified/attainment); and

WHEREAS, in response the MDAQMD adopted the MDAQMD 2004 Ozone Attainment Plan

(State and Federal); and

WHEREAS, the MDAQMD 2004 Ozone Attainment Plan (State and Federal) has been found

adequate by USEPA for transportation conformity at 69 FR 30641, 05/28/2004; and

WHEREAS, USEPA shifted its ozone standard at 62 FR 633856, 7/18/1997 from measurement on

a one-hour basis to an 8-hour basis (1997 8-hour ozone standard); and

WHEREAS, USEPA designated the Western Mojave Desert (WMD), a portion of which is located

within the MDAQMD, as nonattainment for the 1997 8-hour ozone standard at 69 FR 23858, 4/30/2004

with a “bump up” to Severe 15 at 77 FR 26950, 5/8/2012; and

//

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RESOLUTION ______

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WHEREAS, the MDAQMD prepared and adopted the 2008 MDAQMD Federal 8-Hour Ozone

Attainment Plan (Western Mojave Desert Non-attainment Area) to satisfy the planning requirements under

this standard; and

WHEREAS, in 2008, USEPA reduced the 8-hour NAAQS from 84 ppb to 75 ppb at 73 FR 16483,

3/27/2008; and

WHEREAS, the Western Mojave Desert was again designated nonattainment at 77 FR 30088,

5/21/2012; and

WHEREAS, the MDAQMD prepared and adopted on 2/27/2017 the MDAQMD Federal 75 ppb

Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) to satisfy the planning requirements

under this standard; and

WHEREAS, this document along with the AVAQMD Federal 75 ppb Ozone Attainment Plan

(Western Mojave Desert Nonattainment Area) as adopted 3/21/2017 was, with various additional elements

provided by the California Air Resources Board (CARB), was submitted as the 2016 WMD Attainment Plan

on 6/2/2017 to be included as a SIP revision; and

WHEREAS, on May 10, 2021, USEPA published a Notice of Proposed Rulemaking (NPRM) at 86

FR 24809 proposing approval of the 2016 WMD Attainment Plan conditional upon additional clarification

regarding the triggers for and implementation of, the plan’s contingency measure; and

WHEREAS, the contingency measure as identified in the 2016 WMD Attainment Plan is to

implement the California Enhanced Vehicle Inspection and Maintenance Program (Enhanced I&M) in

certain areas of the WMD contained within the jurisdiction of the MDAQMD which are currently only

subject to the Basic Program; and

WHEREAS, the contingency measure is implemented, pursuant to the provisions of Health &

Safety Code §44003(c) as approved into the SIP at 75 FR 38023, 7/1/2010, by the mere submission of a

letter from the Air Pollution Control Officer to the Bureau of Automotive Repair (BAR); and

WHEREAS, the 2016 WMD Attainment Plan’s contingency measure is contained within the

MDAQMD portion of the plan; and

WHEREAS, the MDAQMD has prepared an amendment to provide clarification that the

contingency measure would be triggered by a finding by USEPA that the WMD has either failed to meet a

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RESOLUTION ______

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Reasonable Further Progress (RFP) milestone or has failed to attain the 2008 NAAQS by the designated

date; and

WHEREAS, the amendment will also clarify that the letter contemplated by Health & Safety Code

§44003(c) will be sent within 30 days of the final action triggering the contingency measure; and

WHEREAS, the amendment is necessary to ensure that the contingency measure complies with the

provisions of Federal Clean Air Act (FCAA) §§172(c)(9) and 182(c)(9) (42 U.S.C. §§7502(c)(9) and

7511a(c)(9) by addressing USEPA concerns as expressed the NPRM (86 FR 24809, 24823-24825,

5/10/2021); and

WHEREAS, the MDAQMD has the authority pursuant to H&S Code §40702 to do such acts as

may be necessary or proper to execute the powers and duties granted to, and imposed upon, the District by

this division and other statutory provisions; and

WHEREAS, the proposed adoption is clear in that the meaning can be easily understood by the

persons impacted by the plan; and

WHEREAS, the proposed adoption is in harmony with, and not in conflict with, or contradictory

to existing statutes, court decisions, or state or federal regulations because it clarifies the triggers and

implementation to ensure that they are consistent with the FCAA requirements; and

WHEREAS, the proposed amendment does not impose the same requirements as any existing state

or federal regulation because it addresses USEPA’s concerns such that the 2016 WMD Attainment Plan

may be fully approved; and

WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code

§40725, concerning the proposed amendment of the MDAQMD Federal 75 ppb Ozone Attainment Plan

(Western Mojave Desert Nonattainment Area); and

WHEREAS, a Notice of Exemption, a Categorical Exemption (Class 8, 14 CCR §15308) for the

proposed amendment of the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert

Nonattainment Area), completed in compliance with the California Environmental Quality Act (CEQA),

has been presented to the MDAQMD Board; each member having reviewed, considered and approved the

information contained therein prior to acting on the proposed amendment of the MDAQMD Federal 75 ppb

Ozone Attainment Plan (Western Mojave Desert Nonattainment Area), and the Governing Board of the

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RESOLUTION ______

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MDAQMD having determined that the proposed amendment to the plan will not have any potential for

resulting in any adverse impact upon the environment; and

WHEREAS, the Governing Board of the MDAQMD has considered the evidence presented at the

public hearing; and

NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the MDAQMD finds

that the proposed amendment of the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave

Desert Nonattainment Area) is necessary, authorized, clear, consistent, non-duplicative and properly

referenced; and

BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD hereby makes a

finding that the Class 8 Categorical Exemption (14 CCR §15308) applies and certifies the Notice of

Exemption for the proposed amendment of the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western

Mojave Desert Nonattainment Area); and

BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD does hereby amend,

pursuant to the authority granted by law, the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western

Mojave Desert Nonattainment Area), as set forth in the attachments to this resolution and incorporated

herein by this reference; and

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption,

that the Executive Assistant is directed to file the Notice of Exemption in compliance with the provisions

of CEQA.

//

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RESOLUTION ______

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PASSED, APPROVED AND ADOPTED by the Governing Board of the Mojave Desert Air Quality

Management District by the following vote:AYES: MEMBER:

NOES: MEMBER:

ABSENT: MEMBER:

ABSTAIN: MEMBER:

)STATE OF CALIFORNIA )

) SS:COUNTY OF SAN BERNARDINO )

)

I, Deanna Hernandez, Senior Executive Analyst of the Mojave Desert Air Quality Management District, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the same appears in the Official Minutes of said Governing Board at its meeting of September 27, 2021.

________________________________________Senior Executive Analyst, Mojave Desert Air Quality Management District.

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Amendment to the 75 ppb 2008 8hr O3 Contingency Measure for MDAQMD portion of the Western Mojave

Desert Nonattainment Area The paragraph entitled “Contingency Measures” contained on page 20 of the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area), as adopted February 27, 2017 (75 ppb O3 Plan) is hereby amended to read:

Contingency Measures The MDAQMD reaffirms the use of the State Enhanced Inspection and Maintenance (Enhanced I&M) Program as a contingency measure. The MDAQMD would implement the State of California’s version of Enhanced I&M in those areas of the Western Mojave Desert Nonattainment Area (WMD) which are currently only subject to the State Basic Inspection and Maintenance (Basic I&M) Program should a contingency measure be triggered by failure to attain the Federal 8-hour ozone standard. Within thirty (30) days of a finding by USEPA as published in the Federal Register that the WMD has either failed to meet a Reasonable Further Progress (RFP) milestone for the 2008 National Ambient Air Quality Standards (NAAQS) or has failed to attain said NAAQS by the applicable attainment deadline then the Executive Director/Air Pollution Control Officer for the MDAQMD shall make a formal request to the California Bureau of Automotive Repair (BAR) requesting implementation of the Enhanced I&M Program throughout the entirety of the area of the WMD subject to the jurisdiction of the MDAQMD. Pursuant to the provisions of Health & Safety Code 44003(c) the BAR would initiate the Enhanced I&M Program and notify affected persons and stakeholders of the updated requirement without the need for additional formal regulatory action on the part of either the MDAQMD or BAR.

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Draft

Staff Report

Proposed Amendment to MDAQMD Federal 75 ppb Ozone Attainment Plan

(Western Mojave Desert Nonattainment Area)

Proposed for amendment September 27, 2021

Mojave Desert Air Quality Management District

14306 Park Avenue Victorville, CA 92392-2310 760.245.1661 • Fax 760.245.2022

www.MDAQMD.ca.gov • @MDAQMD

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Amended MDAQMD 75 ppb O3 Plan TC-1 Staff Report D1 8/3/2021

STAFF REPORT TABLE OF CONTENTS

Amendment to MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area)

I. PURPOSE OF STAFF REPORT ............................................................................................ 1 II. EXECUTIVE SUMMARY ..................................................................................................... 1 III. STAFF RECOMMENDATION ............................................................................................. 2 IV. LEGAL REQUIREMENTS CHECKLIST ............................................................................ 3 V. DISCUSSION OF LEGAL REQUIREMENTS ..................................................................... 4

A. REQUIRED ELEMENTS/FINDINGS ............................................................................... 4 1. State Findings Required for Adoption of Rules & Regulations ..................................... 4

a. Necessity ..................................................................................................................... 4 b. Authority ..................................................................................................................... 4 c. Clarity ......................................................................................................................... 4 d. Consistency ................................................................................................................. 5 e. Non-duplication .......................................................................................................... 5 f. Reference .................................................................................................................... 5 g. Public Notice & Comment, Public Hearing ................................................................ 6

2. Federal Elements (SIP Submittals, Other Federal Submittals) ....................................... 6 a. Satisfaction of Underlying Federal Requirements ...................................................... 6 b. Public Notice and Comment ....................................................................................... 6 c. Availability of Document ........................................................................................... 6 d. Notice to Specified Entities ........................................................................................ 7 e. Public Hearing ............................................................................................................ 7 f. Legal Authority to Adopt and Implement ................................................................... 7 g. Applicable State Laws and Regulations Were Followed ............................................ 7

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ............................................ 7 C. ECONOMIC ANALYSIS .................................................................................................. 8

1. General ............................................................................................................................ 8 2. Incremental Cost Effectiveness....................................................................................... 8

D. ENVIRONMENTAL ANALYSIS (CEQA)....................................................................... 8 E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS ..................................................... 8

1. Potential Environmental Impacts .................................................................................... 8 2. Mitigation of Impacts ...................................................................................................... 9 3. Alternative Methods of Compliance ............................................................................... 9

F. PUBLIC REVIEW .............................................................................................................. 9 VI. TECHNICAL DISCUSSION ................................................................................................ 9

A. SIP HISTORY .................................................................................................................. 10 1. SIP History ................................................................................................................... 12 2. SIP Analysis .................................................................................................................. 13

Appendix A - Iterated Version .................................................................................................... A-1 Appendix B - Public Notice Documents ..................................................................................... B-1 Appendix C - Public Comments and Responses......................................................................... C-1 Appendix D - California Environmental Quality Act Documentation ....................................... D-1 Appendix E - Bibliography .......................................................................................................... E-1

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TC-2 Amended MDAQMD 75 ppb O3 Plan Staff Report D1 8/3/2021

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Amended MDAQMD 75 ppb O3 Plan TC-3 Staff Report D1 8/3/2021

List of Acronyms AQMA Air Quality Management Area BARCT Best Available Retrofit Control Technology CARB California Air Resources Board CEQA California Environmental Quality Act FCAA Federal Clean Air Act H&S Code California Health & Safety Code MDAB Mojave Desert Air Basin MDAQMD Mojave Desert Air Quality Management District NAAQS National Ambient Air Quality Standards Ppb parts per billion SBCAPCD San Bernardino Air Pollution Control District SAAQS State Ambient Air Quality Standards SCAQMD South Coast Air Quality Management District SEDAB Southeast Desert Air Basin SIP State Implementation Plan SSAB Salton Sea Air Basin USEPA United States Environmental Protection Agency WMD Western Mojave Desert WMDONA Western Mojave Desert Ozone Nonattainment Area

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TC-4 Amended MDAQMD 75 ppb O3 Plan Staff Report D1 8/3/2021


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Amended MDAQMD 75 ppb O3 Plan 1 Staff Report D1 8/3/2021

STAFF REPORT Amendment to MDAQMD Federal 75 ppb Ozone Attainment Plan

(Western Mojave Desert Nonattainment Area) I. PURPOSE OF STAFF REPORT

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and background material to the members of the Governing Board. This allows the members of the Governing Board to be fully informed before making any required decision. It also provides the documentation necessary for the Governing Board to make any findings, which are required by law to be made prior to the approval or adoption of a document. In addition, a staff report ensures that the correct procedures and proper documentation for approval or adoption of a document have been performed. Finally, the staff report provides evidence for defense against legal challenges regarding the propriety of the approval or adoption of the document. II. EXECUTIVE SUMMARY

On May 10, 2021, USEPA published a Notice of Proposed Rule Making (NPRM) at 86 FR 24809 proposing approval of the 2016 Western Mojave Desert Nonattainment Plan (2016 WMD Attainment Plan) conditional upon additional clarification regarding the triggers for, and implementation of, the plan’s contingency measure. The plan’s contingency measure is contained in the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) portion of the 2016 WMD Attainment Plan. The Mojave Desert Air Quality Management District (MDAQMD) is therefore proposing to amend the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) to provide details regarding exactly what actions would trigger the contingency, how fast the contingency measure would be implemented and what form that implementation would take as requested by USEPA for full approval of the 2016 WMD Attainment Plan. In 2008 USEPA revised the National Ambient Air Quality Standards (NAAQS) for Ozone to 75 ppb over an 8-hour period. The WMD Nonattainment Area, including Desert Los Angeles County within the jurisdiction of the Antelope Valley Air Quality Management District (AVAQMD) and a portion of Desert San Bernardino County within the jurisdiction of the MDAQMD was designated nonattainment and classified Severe-15 triggering a variety of planning requirements. After issuance of an implementation rule by USEPA in 2015 and various court challenges both the AVAQMD and the MDAQMD adopted plans to meet these requirements on 3/21/2017 and 2/27/2017 respectively. Both plans, along with additional provisions provided by the California Air Resources Board (CARB) were submitted to USEPA on 6/2/2017 and are collectively referred to as the 2016 WMD Attainment Plan. On 12/11/2018 CARB submitted an update of the 2016 WMD Attainment Plan to address calculational issues, update the Reasonable Further Progress (RFP) determination and provide a revised motor vehicle emissions budget as a result of the ultimate conclusions of the court challenges.

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2 Amended MDAQMD 75 ppb O3 Plan Staff Report D1 8/3/2021

42. U.S.C. §§7502(c)(9) and 7511a(c)(9) (Federal Clean Air Act §§172(c)(9) and 182(c)(9)) requires attainment plans for areas designated nonattainment and classified moderate and above to include contingency measures that would provide additional emissions reductions. Such contingency measures would only be implemented in the event that the area fails to make an RFP milestone or fails to attain the NAAQS on or before the applicable attainment date. The contingency measure identified in the 2016 WMD Attainment Plan was to apply the California Enhanced Vehicle Inspection and Maintenance Program (Enhanced I&M) to those areas within the WMD portion of the MDAQMD which are currently only subject to the Basic Vehicle Inspection and Maintenance Program (Basic I&M). California Health & Safety Code (H&S Code) §44003(c), which was already included in the State Implementation Plan (SIP), provides a simplified procedure, basically a letter sent by the Air Pollution Control Officer, to switch an area from Basic I&M to Enhanced I&M. Despite this USEPA indicated that additional clarification regarding this contingency measure was needed in the plan. The MDAQMD and CARB committed to providing this clarification via letters on 3/29/2021 and 4/9/2021 respectively. Based upon this commitment, USEPA issued its NPRM which proposed approval of the 2016 WMD Attainment Plan along with conditional approval of the contingency measure pending appropriate amendment to upgrade the implementation provisions. The MDAQMD has developed this amendment to meet the commitment expressed in the 3/29/2021 and 4/9/2021 letters. Since the 2016 WMD Attainment Plan, and the MDAQMD’s portion thereof, is required to be part of the SIP this amendment must be adopted with all the proper notice, opportunity for public comment, and hearing as any other SIP revision. III. STAFF RECOMMENDATION

MDAQMD staff recommend that the Governing Board of the Mojave Desert Air Quality Management District (District) adopt the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) and approve the appropriate California Environmental Quality Act (CEQA) documentation. This action is necessary to allow USEPA to completely approve the 2016 WMD Attainment Plan.

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Amended MDAQMD 75 ppb O3 Plan 3 Staff Report D1 8/3/2021

IV. LEGAL REQUIREMENTS CHECKLIST The findings and analysis as indicated below are required for the procedurally correct adoption of amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area). Each item is discussed, if applicable, in Section V. Copies of related documents are included in the appropriate appendices. FINDINGS REQUIRED FOR RULES & REGULATIONS: X Necessity X Authority X Clarity X Consistency X Non-duplication X Reference X Public Notice & Comment X Public Hearing REQUIREMENTS FOR STATE IMPLEMENTATION PLAN SUBMISSION (SIP): X Public Notice & Comment X Availability of Document X Notice to Specified Entities (State, Air Districts, USEPA, Other States) X Public Hearing X Legal Authority to adopt and implement the document. X Applicable State laws and regulations were followed.

ELEMENTS OF A FEDERAL SUBMISSION: X Elements as set forth in applicable Federal law or regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA): N/A Ministerial Action X Exemption N/A Negative Declaration N/A Environmental Impact Report X Appropriate findings, if necessary. X Public Notice & Comment SUPPLEMENTAL ENVIRONMENTAL ANALYSIS (RULES & REGULATIONS ONLY): X Environmental impacts of compliance. N/A Mitigation of impacts. N/A Alternative methods of compliance. OTHER: X Written analysis of existing air pollution control requirements N/A Economic Analysis X Public Review

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V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FINDINGS

This section discusses the State of California statutory requirements that apply to the adoption of amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area). These are actions that need to be performed and/or information that must be provided in order adopt the plan in a procedurally correct manner.

1. State Findings Required for Adoption of Rules & Regulations:

Before adopting, amending, or repealing a rule or regulation, the MDAQMD Governing Board is required to make findings of necessity, authority, clarity, consistency, non-duplication, and reference based upon relevant information presented at the hearing. These provisions have also been applied to the adoption of planning documents. The information below is provided to assist the Governing Board in making these findings.

a. Necessity:

The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) are necessary to comply with the provisions of FCAA §§172(c)(9) and 182(c)(9) (42 U.S.C. §§7502(c)(9) and 7511a(c)(9)) regarding contingency measures to be implemented in case of failure to make either an RFP milestone or to attain by the applicable attainment date. This document addresses USEPA concerns as expressed in USEPA’s NPRM of 5/10/2021 (86 FR 24809, 24823-24825) regarding clarifications for triggers and implementation of the contingency measure currently included in the plan.

b. Authority:

The District has the authority pursuant to California Health and Safety Code (H&S Code) §40702 to do such acts as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the District by this division and other statutory provisions.

c. Clarity:

The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is clear in that it is written so the meaning is easily understood.

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Amended MDAQMD 75 ppb O3 Plan 5 Final Staff Report, 03/13/2017

d. Consistency:

The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is in harmony with, and not in conflict with or contradictory to any State law or regulation, federal law or regulation, or court decisions. The Western Mojave Desert Ozone Nonattainment Area (WMDONA) is defined in 40 CFR 81.305 and has been designated nonattainment and classified “Severe-15” for the O3 NAAQS by USEPA. The WMDONA includes part of the San Bernardino County portion of the MDAQMD, as well as the Antelope Valley portion of Los Angeles County within the jurisdiction of the AVAQMD. Both the AVAQMD and MDAQMD adopted plans to meet the planning requirements which were applicable as a result of the designation. These plans were combined and submitted by CARB to USEPA as the 2016 WMD Attainment Plan.

On 5/10/2021 USEPA published an NPRM proposing approval of the 2016 WMD Attainment Plan conditionally so long as clarification regarding the triggers for, and implementation of, the plan’s contingency measures to comply with the provisions of FCAA §§172(c)(9) and 182(c)(9) (42 U.S.C. §§7502(c)(9) and 7511a(c)(9)) were provided. Since the contingency measure is contained in the MDAQMD’s portion of the 2016 WMD Attainment Plan an amendment to that plan is needed to maintain consistency with the FCAA requirements.

e. Non-duplication:

The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) does not impose the same requirements as an existing state or federal law or regulation. The USEPA designated the Western Mojave Desert Nonattainment Area as nonattainment for the March 2008 (75 ppb) 8-hour O3 NAAQS pursuant to the provisions of the FCAA. A portion of the MDAQMD is included in the WMDONA. This addresses USEPA’s concerns such that it may fully approve the 2016 WMD Attainment Plan.

f. Reference:

The District has the authority pursuant to H&S Code §40702 to do such acts as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the District by this division and other statutory provisions.

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g. Public Notice & Comment, Public Hearing:

Notice for the public hearing for the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) was published [Publication Date]. See Appendix “B” for a copy of the public notice. See Appendix “C” for copies of comments, if any, and District responses.

2. Federal Elements (SIP Submittals, Other Federal Submittals).

Submittals to USEPA are required to include various elements depending upon the type of document submitted and the underlying federal law that requires the submittal. The information below indicates which elements are required for the amendments to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) and how they were satisfied.

a. Satisfaction of Underlying Federal Requirements:

The amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is subject to all the requirements for a SIP submittal because the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is to be included in the MDAQMD State Implementation Plan (SIP) as part of the 2016 WMD Attainment Plan. The criteria for determining completeness of SIP submissions are set forth in 40 CFR Part 51, Appendix V, 2.0.

b. Public Notice and Comment:

Notice for the public hearing for the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) was published [Publication date]. See Appendix “B” for a copy of the public notice. See Appendix “C” for copies of comments, if any, and District responses.

c. Availability of Document:

Copies of the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) and the accompanying draft staff report were made available to the public on [date].

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d. Notice to Specified Entities:

Copies of the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) and the accompanying draft staff report were sent to all affected agencies. The proposed amendments were sent to the California Air Resources Board (CARB) and USEPA on or before [date].

e. Public Hearing:

A public hearing to consider the proposed adoption of the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) will be held on 9/27/2021.

f. Legal Authority to Adopt and Implement:

The District has the authority pursuant to H&S Code §40702 to adopt, amend, or repeal rules and regulations and to do such acts as may be necessary or proper to execute the duties imposed upon the District.

g. Applicable State Laws and Regulations Were Followed:

Public notice and hearing procedures pursuant to H&S Code §§40725-40728 have been followed. See Section (V)(A)(1) above for compliance with state findings required pursuant to H&S Code §40727. See Section (V)(B) below for compliance with the required analysis of existing requirements pursuant to H&S Code §40727.2. See Section (V)(C) for compliance with economic analysis requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for compliance with provisions of the California Environmental Quality Act (CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H&S Code §40727.2 requires air districts to prepare a written analysis of all existing federal air pollution control requirements that apply to the same equipment or source type as the rule proposed for modification by the district. The proposed amendments to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) are required to clarify triggering events and detail implementation for the contingency measures already included in the plan to address USEPA’s concerns regarding compliance with FCAA §§172(c)(9) and 182(c)(9) (42 U.S.C. §§7502(c)(9) and 7511a(c)(9)). Since this action is required to comply with FCAA requirements the preparation of a written analysis of existing pollution control requirements that apply to the same equipment or source type is not required.

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C. ECONOMIC ANALYSIS

1. General

Not applicable, as clarification of the contingency measures will not change provisions of the previously adopted plan.

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are required for rules and regulations which are adopted or amended to meet the California Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) or “all feasible measures” to control volatile compounds, oxides of nitrogen or oxides of sulfur. The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is not subject to incremental cost effectiveness calculations because this plan does not impose BARCT or “all feasible measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below, it was determined that a Notice of Exemption would be the appropriate CEQA process for the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area).

1. The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) meets the CEQA definition of “project”. It is not a “ministerial” action.

2. The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is exempt from CEQA review because there is not potential that the adoption might cause the release of additional air contaminants or create any adverse environmental impacts. The proposed amendment will strengthen the plan by providing specifics regarding under what circumstances the previously included contingency measure will be triggered and particulars regarding implementation of such measure. Copies of the documents relating to CEQA can be found in Appendix “D”.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential negative environmental impacts of compliance with the proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) as it does not change any provisions of the previously adopted plan, merely clarifies the triggering events and implementation of the existing contingency measure.

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2. Mitigation of Impacts

N/A

3. Alternative Methods of Compliance

N/A

F. PUBLIC REVIEW

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix “B”

VI. TECHNICAL DISCUSSION

Pursuant to provisions of the Federal Clean Air Act (FCAA), State Implementation Plans (SIPs) for areas designated nonattainment and classified Moderate or above must include contingency measures to be implemented in the event the area fails to make Reasonable further Progress (RFP) or to attain the National Ambient Air Quality Standards (NAAQS) by the applicable attainment date.1 In 2008 the United States Environmental Protection Agency (USEPA) revised the NAAQS for Ozone to 0.075 parts per million over an 8-hour period (2008 O3 Standard).2 Thereafter pursuant to FCAA §107(d) (42. U.S.C. §7407(d)), USEPA designated various areas nonattainment for the 2008 O3 Standard and indicated severity classifications for same.3 The WMD, consisting of northeast Los Angeles County and portions of southwest San Bernardino County4 was designated nonattainment and classified “Severe-15.” The Los Angeles County Portion of the WMD is entirely within the jurisdiction of the AVAQMD while the San Bernardino County portion of the WMD is partially contained within the MDAQMD.5

In 2015 USEPA issued an implementation rule providing guidance regarding meeting the FCAA requirements for the 2008 O3 NAAQS.6 This guidance was challenged by the South Coast Air Quality Management District (SCAQMD) ultimately resulting in a published decision vacating a number of provisions.7 In the interim between the initial challenge and the court decision both the AVAQMD and the MDAQMD adopted attainment plans to address the 2008 O3 NAAQS requirements.8 Both plans were submitted to USEPA by CARB on 6/2/2017 and together are collectively referred to as the 2016 WMD Attainment Plan. On 10/25/2018 CARB an update to

1 FCAA §§172(c)(9) and 182(c)(9); 42 U.S.C. §§7502(c)(9) and 7511a(c)(9). 2 73 FR 16436, 3/27/2008. 3 77 FR 30088 5/21/2012 4 Geographic boundaries of the WMD are provided at 40 CFR 81.305 5 The WMDONA boundary is roughly co-terminus with the boundary of the Greater Los Angeles Metropolitan Statistical Area within the jurisdiction of the MDAQMD. It is that portion of the MAQMD contained in the Southeast Desert Modified Air Quality Management Area (40 CFR 81.167) commonly referred to in District documents as the Federal Ozone Nonattainment Area (FONA) and is defined in District Rule 102, 9/28/2020 and 17 CCR §60200(b). 6 80 FR 12264 3/6/2015 7 SCAQMD v. USEPA, 882 F.3d 1138 (DC. Cir. 2018). USEPA refers to this case as SCAQMD II in its documentation to distinguish it from a 2006 case; SCAQMD v. USEPA 472, F.3d 882 (D.C. Cir 2006) 8 AVAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) as adopted 3/21/2017 and MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) as adopted 2/27/2017

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the California SIP which revised the statewide plan to address not only the ruling in the SCAQMD II case as well as another published case.9 This 2018 update for the WMD Nonattainment Area updated the RFP demonstration using a 2011 baseline year, recalculated reductions available from as yet unimplemented contingency measures, as well as providing a revised motor vehicle emissions budget. This revision was submitted to USEPA on 12/11/2018.

The contingency measure as identified in the WMD Nonattainment Area Plan involved the imposition of the State Enhanced Inspection & Maintenance Program (Enhanced I&M) for automobile emissions10 in areas of the MDAQMD which are currently only subject to the Basic Inspection and Maintenance Program (Basic I&M).11 USEPA ultimately indicated that it felt that, despite its approval of the relevant sections of the Health & Safety Code regarding the procedure for upgrading an area to Enhanced I&M into the SIP12 the contingency measure as formulated did not have sufficient explanation regarding circumstances, timing, and procedure for its implementation. After negotiations between USEPA, CARB and the MDAQMD the MDAQMD submitted a letter committing to updating the contingency measure13 which was forwarded by CARB along with an explanation of the current zip codes in the MDAQMD which were already subject to Enhanced I&M and a description of how exactly the upgrade of other zip codes was accomplished pursuant to Health & Safety Code §44003(c).14 USEPA thereafter promulgated a Notice of Proposed Rule Making regarding the 2008 8-Hour Ozone Nonattainment Area for the West Mojave Desert.15 In that NPRM USEPA proposed approval of the 2016 WMD Attainment Plan with conditional approval of the contingency measure pending the adoption by the MDAQMD of further detail of the circumstances, timing and procedures for implementation of the measure.

The proposed amendment as detailed in Exhibit A clarifies that the contingency measure will be triggered upon publication of a finding by USEPA that the WMD has either failed to meet an RFP milestone or has failed to attain the 2008 O3 NAAQS by the applicable attainment deadline. It also indicates that the MDAQMD Executive Officer/APCO shall transmit a formal request to the California Bureau of Automotive Repair (BAR) within 30 days of such a finding indicating that pursuant to the provisions of H&S Code 44003(c) the Enhanced I&M Program should be implemented in those areas of the WMD where only the Basic I&M Program is currently applied. BAR, without need for additional regulatory action, will notify the appropriate persons and thereafter implement the Enhanced I&M Program in those areas.

A. SIP HISTORY

Regional Ozone Planning Chronology

9 Bahr v. EPA, 836 F.3d 1218 (9th Cir. 2016). 10 Collectively these I&M Programs are referred to as the “Smog Check Program.” 11 Email. A. Fideldy (CARB) to T. Kelly (EPA); West Mojave Desert Contingency Measures. 12 75 FR 38023, 7/1/2010 approving Health & Safety Code 44003(c) into the SIP. 13 Letter B. Poiriez (MDAQMD) to R. Corey (CARB), 3/29/2021. 14 Letter M. Benjamin (CARB) to D. Jordan (USEPA), 4/9/2021. 15 86 FRE 24809, 5/10/2021

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1989 - CARB designates Southeast Desert Air Basin (SEDAB) as nonattainment for ozone SAAQS.

1990 - SEDAB is classified as moderate ozone nonattainment,

November 1990 - Adoption of FCAA Amendments.

8/26/1991 - Adoption of the 1991 Air Quality Attainment Plan (State) by SBCAPCD.

7/1/1993 - Formation of MDAQMD.

7/1/1994 - Annexation of Palo Verde Valley portion of Riverside County into the MDAQMD.

3/24/1994 - Adoption of Rate-Of-Progress Plan (Federal) by MDAQMD.

10/26/1994 - Adoption of Attainment Demonstration Plan (Federal) by MDAQMD.

1996 - SEDAB is subdivided into the Mojave Desert Air Basin (MDAB) and the Salton Sea Air Basin (SSAB).

1/22/1996 - Adoption of Triennial Revision to 1991 AQAP (State).

4/26/2004 - Adoption of MDAQMD 2004 Ozone Attainment Plan.

6/9/2008 – Adoption of MDAQMD Federal 8-hour Ozone Attainment Plan (Severe-17).

1/25/2010 – Adopted of MDAQMD Federal 8-hour Ozone Attainment Plan (Severe-15).

7/1/2010 – USEPA approves the procedure as set forth in H&S Code 44003(c) for upgrading areas to Enhanced I&M Programs into the SIP.

7/20/2012 – USEPA designates 75 ppb 8-hour nonattainment areas.

3/6/2015 – USEPA issues 2008 O3 NAAQS Implementation Rule.

2/27/2017 – MDAQMD adopts the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area).

3/21/2017 – AVAQMD adopts the AVAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area).

6/2/2017 – CARB submits the 2016 WMD Attainment Plan.

3/29/2021 – After various negotiations USEPA requests formal clarification regarding the 2016 WMD Attainment Plan contingency measure. MDAQMD submits letter to CARB committing to providing official clarification.

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4/9/2021 – CARB provides a letter to USEPA forwarding the MDAQMD’s letter and providing additional clarification.

5/10/2021 – NPRM published providing approval of the 2016 WMD Attainment Plan and conditional approval of the contingency measure pending provision of additional clarification regarding triggering events, timing and implementation.

1. SIP History.

On July 1, 1993 the MDAQMD was formed pursuant to statute. On July 1, 1994 the area commonly known as the Palo Verde Valley in Riverside County, including the City of Blythe, left South Coast Air Quality Management District (SCAQMD) and joined the MDAQMD. The MDAQMD is the agency that adopts plans for the entire geographical area within its jurisdiction.

Under the federal one-hour Ozone standard, the MDAQMD was nonattainment and classified Severe-17 (the portion of the MDAQMD outside the Southeast Desert Modified AQMA was unclassified/attainment for the one-hour standard). The MDAQMD 2004 Ozone Attainment Plan (State and Federal) was adopted in response to the one-hour ozone standard. The MDAQMD 2004 Ozone Attainment Plan (State and Federal) has been found adequate for transportation conformity by USEPA at 69 FR 30641 (05/28/2004).

On March 9, 2006, USEPA shifted the ozone standard from measurement on a one-hour basis to an eight-hour basis (8-hour ozone standard). The USEPA designated the WMDONA as nonattainment for the 8-hour ozone NAAQS pursuant to the provisions of the FCAA. A portion of the MDAQMD is included in the WMDONA (the portion of the MDAQMD outside the Southeast Desert Modified AQMA is unclassified/attainment for the 8-hour standard). The MDAQMD prepared the MDAQMD Federal 8-Hour Ozone Attainment Plan (Western Mojave Desert Non-attainment Area) to satisfy the planning requirements under this standard.

In 2008, USEPA reduced the 8-hour NAAQS from 84 ppb to 75 ppb. The Western Mojave Desert nonattainment area was again designated nonattainment for the 75 ppb NAAQS pursuant to provisions of the FCAA. The MDAQMD prepared the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) to satisfy the planning requirements under this standard including a contingency measure. This document along with the AVAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) was, with various additional elements, submitted by CARB as the 2016 WMD Attainment Plan on 6/2/2017 to be included as a SIP revision.

On May 10, 2021, USEPA published an NPRM at 86 FR 24809 proposing approval of the 2016 WMD Attainment Plan conditional upon additional clarification regarding the triggers for, and implementation of, the plan’s contingency measure. The plan’s contingency measure is contained in the

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MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) portion of the 2016 WMD Attainment Plan so the MDAQMD has prepared this amendment to provide such clarification.

2. SIP Analysis.

The proposed amendment will strengthen the 2016 WMD Attainment Plan by providing specifics regarding under what circumstances the previously included contingency measure will be triggered and particulars regarding implementation of such measure.

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Amended MDAQMD 75 ppb O3 Plan A-1 Staff Report D1 8/3/2021

Appendix “A” MDAQMD Federal 75 ppb Ozone Attainment Plan

(Western Mojave Desert Nonattainment Area) Iterated Version The iterated version is provided so that the changes to an existing rule may be easily found. The manner of differentiating text is as follows: 1. Underlined text identifies new or revised language. 2. Lined out text identifies language which is being deleted. 3. Normal text identifies the current language of the rule which will remain unchanged by the adoption of the proposed amendments. 4. [Bracketed italicized text] is explanatory material that is not part of the proposed language. It is removed once the proposed amendments are adopted. This section is not applicable.

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A-2 Amended MDAQMD 75 ppb O3 Plan Staff Report D1 8/3/2021


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Amended MDAQMD 75 ppb O3 Plan B-1 Staff Report D1 8/3/2021

Appendix “B”

Public Notice Documents 1. Proof of Publication – Daily Press 2. Proof of Publication – Riverside Press Enterprise

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Amended MDAQMD 75 ppb O3 Plan B-3 Staff Report D1 8/3/2021

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Amended MDAQMD 75 ppb O3 Plan C-1 Staff Report D1 8/3/2021

Appendix “C” Public Comments and Responses

No comments received to date.

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Amended MDAQMD 75 ppb O3 Plan D-1 Staff Report D1 8/3/2021

Appendix “D” California Environmental Quality Act

Documentation

1. Notice of Exemption – San Bernardino County 2. Notice of Exemption – Riverside County

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D-2 Amended MDAQMD 75 ppb O3 Plan Staff Report D1 8/3/2021


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Amended MDAQMD 75 ppb O3 Plan D-3 Staff Report D1 8/3/2021

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Amended MDAQMD 75 ppb O3 Plan E-1 Staff Report D1 8/3/2021

Appendix “E” Bibliography

The following documents were consulted in the preparation of this staff report for the proposed adoption of the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area):

1. [Add all citations]

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E-2 Amended MDAQMD 75 ppb O3 Plan Staff Report D1 8/3/2021

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MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICTBRAD POIRIEZ, EXECUTIVE DIRECTOR

14306 Park Avenue, Victorville, CA 92392-2310 • 760.245.1661 • Fax 760.245.2022 • www.MDAQMD.ca.gov • @MDAQMD____________________________________________________________________________________________________________________

City ofADELANTO

Town ofAPPLE VALLEY

City ofBARSTOW

City ofBLYTHE

City ofHESPERIA

City ofNEEDLES

County ofRIVERSIDE

County ofSAN BERNARDINO

City ofTWENTYNINE PALMS

City ofVICTORVILLE

Town ofYUCCA VALLEY

NOTICE OF EXEMPTION

TO: Clerk/RecorderRiverside County3470 12th St.Riverside, CA 92501

FROM: Mojave Desert Air Quality Management District14306 Park AveVictorville, CA 92392-2310

X MDAQMD Senior Executive Analyst

PROJECT TITLE: Amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area)

PROJECT LOCATION – SPECIFIC: San Bernardino County portion of the Mojave Desert Air Basin and Palo Verde Valley portion of Riverside County.

PROJECT LOCATION – COUNTY: San Bernardino and Riverside Counties

DESCRIPTION OF PROJECT: On May 10, 2021, the United States Environmental Protection Agency (USEPA) published a Notice of Proposed Rule Making (NPRM) at 86 FR 24809 proposing approval of the 2016 Western Mojave Desert Attainment Plan (2016 WMD Attainment Plan) conditional upon additional clarification regarding the triggers for, and implementation of, the plan’s contingency measure. The plan’s contingency measure is contained in the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) portion of the 2016 WMD Attainment Plan. This amendment will provide such clarification.

NAME OF PUBLIC AGENCY APPROVING PROJECT: Mojave Desert AQMD

NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Mojave Desert AQMD

EXEMPT STATUS (CHECK ONE)Ministerial (Pub. Res. Code §21080(b)(1); 14 Cal Code Reg. §15268)Emergency Project (Pub. Res. Code §21080(b)(4); 14 Cal Code Reg. §15269(b))

X Categorical Exemption – Class 8 (14 Cal Code Reg. §15308)

REASONS WHY PROJECT IS EXEMPT: The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is exempt from CEQA review because there is no potential that the adoption might cause the release of additional air contaminants or create any adverse environmental impacts. The proposed amendment will strengthen the plan by providing specifics regarding under what circumstances the previously included contingency measure will be triggered and particulars regarding implementation of such measure.

LEAD AGENCY CONTACT PERSON: Brad Poiriez PHONE: (760) 245-1661

SIGNATURE: TITLE: Executive Director DATE: September 27, 2021

DATE RECEIVED FOR FILING:

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MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICTBRAD POIRIEZ, EXECUTIVE DIRECTOR

14306 Park Avenue, Victorville, CA 92392-2310 • 760.245.1661 • Fax 760.245.2022 • www.MDAQMD.ca.gov • @MDAQMD____________________________________________________________________________________________________________________

City ofADELANTO

Town ofAPPLE VALLEY

City ofBARSTOW

City ofBLYTHE

City ofHESPERIA

City ofNEEDLES

County ofRIVERSIDE

County ofSAN BERNARDINO

City ofTWENTYNINE PALMS

City ofVICTORVILLE

Town ofYUCCA VALLEY

NOTICE OF EXEMPTION

TO: County ClerkSan Bernardino County385 N. Arrowhead, 2nd FloorSan Bernardino, CA 92415

FROM: Mojave Desert Air Quality Management District14306 Park AveVictorville, CA 92392-2310

X MDAQMD Senior Executive Analyst

PROJECT TITLE: Amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area)

PROJECT LOCATION – SPECIFIC: San Bernardino County portion of the Mojave Desert Air Basin and Palo Verde Valley portion of Riverside County.

PROJECT LOCATION – COUNTY: San Bernardino and Riverside Counties

DESCRIPTION OF PROJECT: On May 10, 2021, the United States Environmental Protection Agency (USEPA) published a Notice of Proposed Rule Making (NPRM) at 86 FR 24809 proposing approval of the 2016 Western Mojave Desert Attainment Plan (2016 WMD Attainment Plan) conditional upon additional clarification regarding the triggers for, and implementation of, the plan’s contingency measure. The plan’s contingency measure is contained in the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) portion of the 2016 WMD Attainment Plan. This amendment will provide such clarification.

NAME OF PUBLIC AGENCY APPROVING PROJECT: Mojave Desert AQMD

NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Mojave Desert AQMD

EXEMPT STATUS (CHECK ONE)Ministerial (Pub. Res. Code §21080(b)(1); 14 Cal Code Reg. §15268)Emergency Project (Pub. Res. Code §21080(b)(4); 14 Cal Code Reg. §15269(b))

X Categorical Exemption – Class 8 (14 Cal Code Reg. §15308)

REASONS WHY PROJECT IS EXEMPT: The proposed amendment to the MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area) is exempt from CEQA review because there is no potential that the adoption might cause the release of additional air contaminants or create any adverse environmental impacts. The proposed amendment will strengthen the plan by providing specifics regarding under what circumstances the previously included contingency measure will be triggered and particulars regarding implementation of such measure.

LEAD AGENCY CONTACT PERSON: Brad Poiriez PHONE: (760) 245-1661

SIGNATURE: TITLE: Executive Director DATE: September 27, 2021

DATE RECEIVED FOR FILING:

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O3 CONTINGENCY MEASUREAN AMENDMENT TO THE MDAQMD FEDERAL 75ppb O3 ATTAINMENT PLAN

(WESTERN MOJAVE DESERT NONATTAINMENT AREA)

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UNDERLYING REQUIREMENTS

When USEPA sets or amends a National Ambient Air Quality Standard (NAAQS) it is required to “designate” areas as attainment, nonattainment or unclassifiable for that standard. Once a designation has been made it triggers planning requirements for areas designated nonattainment.

The O3 NAAQS were lowered to 75ppb in 2008.

The Western Mojave Desert (WMD) was designated nonattainment and classified Severe 15 for O3 in 2012 triggering various planning requirements.

A portion of the MDAQMD is contained within the WMD.

Plans are required to not only show how the area will achieve the standard but also to contain “contingency measures” which will be implemented if reasonable further progress (RFP) towards attainment is not being made or if the area is not in attainment by the applicable attainment date.

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FULFILLING THE PLANNING REQUIREMENTS

The MDAQMD Federal 75 ppb O3 Attainment Plan (Western Mojave Desert Nonattainment Area) was adopted by the Governing Board on 2/27/2017.

This document contained a contingency measure which would require Enhanced Smog Check in areas within the WMD portion of the MDAQMD which currently only require Basic Smog Check if RFP was not being made or if the area does not reach attainment.

The AVAQMD Federal 75 ppb O3 Attainment Plan (Western Mojave Desert Nonattainment Area) was adopted by the Antelope Valley Governing Board on 3/21/2017.

CARB combined both these documents along with other required elements as the 2016 WMD Attainment Plan and submitted it to USEPA on 6/2/2017 as a SIP amendment.

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USEPA ACTION

USEPA evaluated the 2016 WMD Attainment Plan.

USEPA Published a Notice of Proposed Rule Making on 5/10/2021 proposing approval of most of the of most all of the 2016 WMD Attainment Plan.

Conditionally approved the contingency measure contained in the plan so long as additional details were provided regarding what exactly would trigger the imposition of the measure, what actions would be necessary to impose the measure, and how fast would the required actions be taken.

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TODAY’S ACTION

Provides the requested clarification by amending the MDAQMD Federal 75 ppb O3 Attainment Plan (Western Mojave Desert Nonattainment Area) to specifically state that:

The contingency measure is triggered when a finding of failure to make Reasonable Further Progress or a finding of failure to attain the 75ppb O3 standard has been published by USEPA and is final.

The APCO is required to request the Enhanced Smog Check provisions be implemented within the areas of the WMD not currently subject to them within 30 days by submitting a letter to the California Bureau of Automotive Repair pursuant to Health & Safety Code §44003(c).

Satisfies all the requirements (including public notice & comment) to allow the amendment to be submitted as a SIP submittal.

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QUESTIONS?

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116

The following page(s) contain the backup material for Agenda Item: Adopt a resolution

reaffirming the local Declaration of Emergency as adopted on April 27, 2020; ratifying the

proclamation of a State of Emergency by the Governor on March 4, 2020; and authorizing

remote teleconference meetings of the Governing Board of the Mojave Desert Air Quality

Management District (MDAQMD) for the period of September 27, 2021 through October

27, 2021 pursuant to provisions of the Brown Act. Presenter: Brad Poiriez, Executive

Director/APCO.


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AGENDA ITEM #10


RECOMMENDATION: Adopt a resolution reaffirming the local Declaration of Emergency as adopted on April 27, 2020; ratifying the proclamation of a State of Emergency by the Governor on March 4, 2020; and authorizing remote teleconference meetings of the Governing Board of the Mojave Desert Air Quality Management District (MDAQMD) for the period of September 27, 2021 through October 27, 2021 pursuant to provisions of the Brown Act.

SUMMARY: This action will allow members of the MDAQMD Governing Board to continue to meet via teleconference for the October 25, 2021 Governing Board Meeting in the same manner and using the same means of compliance with the Brown Act as has been done since early 2020.

BACKGROUND: On March 4, 2020 the Governor declared a State of Emergency in California due to the impacts of the novel corona virus (COVID-19). As part of the State of Emergency the Governor issued a variety of Executive Orders, specifically N-25-20, N-29-20, and N-35-20, allowing local and state agencies to hold public meetings using remote means without complying with certain specified provisions of the Ralph M. Brown Act, Government Code §§54950-54963. The waived provisions involved the ability to conduct remote meetings without: identification of all remote locations, agenda posting at all locations used, and public access to all the remote sites. Also waived was the requirement that a quorum of teleconferencing members be physically located within the jurisdiction.

On June 11, 2021 the Governor issued Executive Order N-08-21 which set forth a timetable for the resumption of applicability of those previously waived provisions. Specifically, the normal provisions of the Brown Act were to resume on September 30, 2021 and any meetings subject to the Brown Act after that date would be required to comply with all applicable provisions of the Act as it existed prior to the original State of Emergency proclamation.

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The California Legislature responded by passing AB361 of 2021 which allowed the continued waiver of certain provisions of the Brown Act under certain specified conditions of emergency. The Governor signed AB361 on September 16, 2020 and thereafter issued Executive Order N-15-21 to allow meetings prior to October 1, 2021 to continue to be conducted under prior executive orders but that any meeting occurring on or after October 1, 2021 must be conducted pursuant to the provisions of the Brown Act as it existed prior to the original Executive Order waiver OR the local agency must comply with the provisions of AB361 to continue the waiver of certain provisions in 30 day increments.

The adoption of the attached resolution complies with the provisions of AB361 and will allow the Governing Board to conduct its October 25, 2021 meeting in the same manner as it has been conducting meetings throughout the pandemic emergency. It is expected that the normally scheduled November and December meetings, the 22nd and 27th respectively, will not occur as those dates are in a holiday period when meetings are not typically conducted. Thus, the MDAQMD expects its meetings commencing January 2022 to revert to being conducted under the full Brown Act requirements.

REASON FOR RECOMMENDATION: AB361 of 2021 requires a Governing Board resolution making findings and declaring (or ratifying) a local emergency to allow waiver of specific Brown Act meeting provisions.

REVIEW BY OTHERS: This item was reviewed by Karen Nowak on or about September 21, 2021.


PRESENTER: Brad Poiriez, Executive Director/APCO

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RESOLUTION ______

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A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT REAFFIRMING THE LOCAL DECLARATION OF EMERGENCY AS ADOPTED ON APRIL 27, 2020; RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNER ON MARCH 4, 2020; AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE GOVERNING BOARD OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT FOR THE PERIOD OF SEPTEMBER 27, 2021 THROUGH OCTOBER 27, 2021 PURSUANT TO PROVISIONS OF THE BROWN ACT.

On September 27, 2021, on motion by Member ___________, seconded by Member___________,

and carried, the following resolution is adopted:

WHEREAS, the Governing Board of the Mojave Desert Air Quality Management District

(MDAQMD) is committed to preserving and nurturing public access and participation in all meetings

subject to the provisions of the Ralph M. Brown Act (Cal. Gov. Code §§54950-54963, hereafter Brown

Act); and

WHEREAS, pursuant to the provision of the Brown Act all meetings of legislative bodies of the

MDAQMD are required to be open and public so that any member of the public may attend, participate,

and watch the MDAQMD’s legislative bodies conduct their business; and

WHEREAS, Government Code §54953(e), makes provisions for remote teleconferencing

participation in meetings by members of a legislative body, without compliance with the requirements of

Government Code §54953(b)(3), subject to the existence of certain conditions; and

WHEREAS, a required condition is that a state of emergency has been declared by the Governor

pursuant to Government Code §8625, proclaiming the existence of conditions of disaster or of extreme peril

to the safety of persons and property within the state caused by conditions as described in Government Code

§8558; and

WHEREAS, on March 4, 2020 the Governor proclaimed a State of Emergency to exist in California

as a result of the threat of the novel coronavirus (COVID-19); and

WHEREAS, another required condition is that a proclamation is made when there is an actual

incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions

that are within the District’s boundaries, caused by natural, technological, or human-caused disasters; and;

and

WHEREAS, the jurisdiction of the MDAQMD includes areas in the Counties of Riverside and San

Bernardino as set forth in Health & Safety Code §41210 and MDAQMD Rule 103; and

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RESOLUTION ______

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WHEREAS, on March 10, 2020 the Riverside County Board of Supervisors made such declaration

of emergency; and

WHEREAS, on March 10, 2020 the San Bernardino County Board of Supervisors made such a

declaration of emergency; and

WHEREAS, it is further required that state or local officials have imposed or recommended

measures to promote social distancing, or, the legislative body meeting in person would present imminent

risks to the health and safety of attendees; and

WHEREAS, local, and California public authorities still recommend social distancing and/or mask

wearing indoors and in public gatherings as well as recommending compliance with the latest advice issued

by the Center for Disease Control (CDC) regarding same; and

WHEREAS, the spread of the highly infectious Delta Variant of COVID-19 poses an immanent

risk to the health and safety of both members of the MDAQMD legislative bodies as well as to any members

of the general public which attend such meetings in that unvaccinated or partially vaccinated persons are at

high risk of contracting this variant and even fully vaccinated persons can contract and potentially

unknowingly spread the variant; and

WHEREAS, on April 27, 2020 the MDAQMD Governing Board proclaimed a local state of

emergency due to COVID-19 pursuant to the authority of Health & Safety Code §40701(f) which allows

the MDAQMD to take such acts that are necessary or proper to ensure the accomplishment of the purposes

of Division 26 of the Health & Safety Code; and

WHEREAS, the Governing Board of the MDAQMD finds that the highly infectious nature of the

Delta Variant of COVID-19 has caused and continues to cause conditions of peril to the safety of persons

within the MDAQMD that are likely to be beyond the control of services, personnel, equipment, and

facilities of the MDAQMD and desires to ratify its declaration of local emergency as well as ratify the

proclamation of state of emergency by the Governor of the State of California; and

WHEREAS, as a consequence of the local emergency, the Governing Board of the MDAQMD

does hereby find that the legislative bodies of the MDAQMD shall conduct their meetings without

compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by

subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to

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RESOLUTION ______

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provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section

54953; and

WHEREAS, the legislative bodies of the MDAQMD will continue to ensure access to its meetings

by holding its meetings in person, at noticed teleconferenced locations, telephonically and via virtual access

for both members of the legislative bodies and the general public; and

WHEREAS, notice of meetings along with information regarding all methods which may be used

for public participation in such meetings will continue to be published in the newspaper, posted at the

MDAQMD’s headquarters, posted at any teleconference locations which are officially noticed on the

agenda, posted on the MDAQMD’s website, provided to anyone who requests such information, and clearly

printed on any agendas produced for such meetings.

NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the MDAQMD hereby

finds that highly contagious nature of the Delta Variant of COVID-19 poses an imminent risk to large

numbers of persons meeting indoors in a single location; and

BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD hereby finds that a

local emergency still remains throughout the MDAQMD’s jurisdiction; and

BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD hereby ratifies its

proclamation of local emergency as contained in Resolution 20-03 of April 27, 2020; and

BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD hereby ratifies the

Proclamation of Emergency as issued by the Governor of California on March 4, 2020; and

BE IT FURTHER RESOLVED, that the Governing Board of the MDAQMD authorizes and

directs staff to take all actions necessary to carry out the intent and purpose of this Resolution including,

conducting open and public meetings in accordance with Government Code section 54953(e) and other

applicable provisions of the Brown Act; and

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption

and remain in effect until October 27, 2021 or until such time as the MDAQMD Governing Board adopts

a subsequent resolution in accordance with Government Code Section §54953(e)(3) to extend the time

during which legislative bodies of the MDAQMD may continue to teleconference without strict compliance

with paragraph 3 of Government Code §54953(b).

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RESOLUTION ______

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PASSED, APPROVED AND ADOPTED by the Governing Board of the Mojave Desert Air Quality

Management District by the following vote:

AYES: MEMBER:

NOES: MEMBER:

ABSENT: MEMBER:

ABSTAIN: MEMBER:

)STATE OF CALIFORNIA )

) SS:COUNTY OF SAN BERNARDINO )

)

I, Deanna Hernandez, Senior Executive Analyst of the Mojave Desert Air Quality Management District, hereby certify the foregoing to be a full, true and correct copy of the record of the action as the same appears in the Official Minutes of said Governing Board at its meeting of September 27, 2021.

________________________________________Senior Executive Analyst, Mojave Desert Air Quality Management District.

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The following page(s) contain the backup material for Agenda Item: Presentation –

Technology Services. Presenter: Trevor Samorajski & William Berghoff, System

Administrator I.


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Mojave Desert AQMD

Technology ServicesStaff Presentation

September 27th, 2021

Agenda Item #11

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Mission• Technology Services is a support oriented group

within the MDAQMD. Our goal is to empower, support and drive the district’s technological path, enabling more efficient and effective services to staff and the public.

Technology Services

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Keeping Up with Technology• Things in the technology world never stay the

same for long

Technology Services

One 256 gig flash drive can hold 182,044 3.5” floppy discs worth of data.

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Who We Are

• William Berghoff• 10 Years with the

District• 20 years in the industry

• Trevor Samorajski• 14 years with the

District• BA Computer

Information Systems• 25 years in the industry

Technology Services

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Breadth of Services• We like to think of ourselves as the mortar that

holds all of the MDAQMD bricks together.

Technology Services

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Main Areas of Responsibility• Communications• Security• Data Management• Backup/Recovery• Miscellaneous Duties

Technology Services

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Communications• Internet

• Firewalls, Routers, Switches and Access Points• Connections to remote Air Monitoring Sites

• 5 remote sites, 2 mobile trailers

• Phones• Voice over IP (VoIP) Phones and Cloud Hosted PBX

System

• Email• On-site Exchange server hosting email for the

MDAQMD and AVAQMD network domains.• Cloud hosted mass email system (GovDelivery) for

public outreach.

Technology Services

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Communications Continued• Sending large files

• Public Information Requests• Other authorized data transmittals

• Video Conferencing• Various Board and Committee Meetings• Zoom meetings official agendized meetings as well as

staff.

• WiFi• Two WiFi Networks

• Authorized District Devices• Public or personally owned devices

Technology Services

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Communications Continued• District Website• Air Monitoring Roof Camera (available to the public

via MDAQMD website)• Remote connectivity for staff working in the field

or on trips (as was used during the COVID stay at home order)

• Misc network connected devices• Printers• Tablets• Video Conference Equipment• Etc…

Technology Services

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Security• Firewall Management

• Intrusion Detection System (IDS) subscription• 2,000 ‘Critical’ severity threats blocked in 23 days

Technology Services

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Security Continued• Firewall Logs are reviewed and monitored

Technology Services

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Security Continued• Antivirus

• Workstation• Servers

• Email/Spam Filtering• 15,335 emails blocked

or quarantined over a 3 month period

Technology Services

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Security Continued• Access Control

• Active Directory privileges to files and network resources

• Patch Management• Awareness of the current network security threat

landscape and appropriate mitigation of vulnerabilities

Technology Services

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Security• Staff Training• Policy• Best Practice Compliance• Physical Security

• Server room physical access control• Building surveillance (Camera) system

Technology Services

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Data Management• Database Storage (SQL)

• Data Storage, such as Air Monitoring data (numbers)• Most District systems store data of some type in this

method

• File Storage• Documents and Images that are the work product,

reference material, or important to the district.• The District currently has about 2 Terabyes of data in

about 468,548 files

• Questys• Districts Electronic Document Management System• The “Official Copy” of District Documents

Technology Services

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Data Management Continued• CAPS Support and Development Coordination

• The Districts Compliance and Permitting System (built for the MDAQMD)

• Contains records of all District Inspections and Permits

• State and Federal standards compliance for data storage

• In-house software development (programming)• Management of Virtual and Physical Servers

Technology Services

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Backup and Recovery• Nightly Local Backups

• Both Physical and Virtual Servers

• Offsite Backup• Victorville Office Data is duplicated to a data storage

system located at the Antelope Valley Office.• Antelope Valley Office Data is duplicated to a data

storage system located at the Victorville Office.

• Paper Equivalency Optical Archive of Questys Data

Technology Services

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Miscellaneous Services• Presentation/Conference Support

• CDAWG• CAPCOA• MEEC• Etc…

• Fleet IO• Vehicle Services and Maintenance Software

• Surplus Equipment Management (District Wide)• Photography

Techology Services

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• Questions?

Technology Services

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