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Home My WebLink AboutAB 28 (Jeffries) - Water Pumps �� _•�� CITY OF PALM DESERT � � _ COMMUNITY SERVICES DEPARTMENT , . STAFF REPORT REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 28 (JEFFRIES) AT ITS MEETING OF FEBRUARY 24, 2009 DATE: March 12, 2009 CONTENTS: AB 28 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 24, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 28 (Jeffries) relative to water pumps. BACKGROUND: Existing law imposes various limitations on emissions of air contaminates for the control of air pollution. The South Coast Air Quality Management District recently enacted Rule 1110.2 that has the potential to create burdensome new regulations,which are difficult to achieve with even the best equipment and air monitoring requirements and could prohibit the use of water pumps generated by natural gas. Rural lands that may not have access to electrical power and/or natural emergencies in which electrical power is not available, would not have the use of water pumps generated by natural gas that have the potential for being a critical piece of equipment in fighting fires. If passed, AB 28 would prohibit air pollution control districts and air quality management districts throughout the State from restricting the use of engines being powered by natural gas by local agencies. Because use of this equipment may prove critical in saving lives and property in an rg n y, the Legislative Review Committee recommends that the City Council support AB 2 a d ir c staff to prepare a letter stating that position to appropriate legislators and committ e f r e Ma 's signature. _ .L��'C�/�� ^ , °' f � � � � PATRICIA SCULLY, � PAUL GIBSON �" `" SENIOR MANAGEMENT AN�'CLYST DIRECTOR OF FINANCE/CITY TREP�I�t v � �, �, �. �. ` L � � j r , � �; U ��' � � ,�' � C � � U ' SHEILA R. G LIGAN !' J M. WOHLMUTH Q M ACM/COMMUNITY SER CES MANAGER �� L ,� 3 � C ,� � � m �, G �.''°�, � � , F � � o �. ^,� '-' F'" ;� ✓' w EQ- �" _ ... �- � `:.. � (�'" �. � �.. M Gir �L � � :y � Q iG Q Q � .C`i ' , STATE CAPITOL �-�DISTRICT OFFICE P.O.BOX 942849 ��j 41391 KALMIA STREET,SUITE 220 SACRAMENTO,CA 94249-0066 Y MURRIETA,CA 92562 (916)319-2066 . � rJ . (951)894-1232 FAX(916)319-2166 ��,�� Qjr��,�,��Q FAX(951)894-5053 �L7 STATF h� ��'N O� hf �r?�O.x'lg� KEVIN JEFFRIES � ASSEMBLYMEMBER,SIXTY-SIXTH DISTRICT ��";'��§��D �6L � January 6, 2009 � JAN �- � :u0o8 �� ;z� w�,-t;:,�`;.�.. `�,o: City of`Palm Desert From: Assemblyman Kevin Jeffries Re: AB 28 and restrictions on natural gas water pumps It recently came to my attention that new rules passed by the South Coast Air Quality Management District and being considered by other air pollution districts in the state have severely restricted the ability of water districts, municipal utilities and some fire protection districts to install, inaintain, or use natural �as as a reliable saurce of�ower tc� operate doinestic water pumps. During a wild land tire, having back-up power for water pumps that doesn't require dependence on electrical transmission lines is criti-cal, and in other natural disasters like earthquakes and severe wind events, electrical power can be off for days or even weeks at a time. Even a summer heat wave can cause power outages that can force electrical pumps to shut off, causing a loss of water pressure that can take days to restore and clear to satisfy public health concerns. SCAQMD's �_ule 1110.2 cre�tes bLir�cn�ome n.�ti�r r��ill�t:�-�n� �v1r«�h �x� difticuit to achiev�; r��en with tl�e i�est �ivailable equipment, a:�d the air monitoring requirements alone can cost water districts millions of dollars per year. These costs can force districts to scale back their use of backup pumps or cause them to increase water rates to pay for the compliance measures. And given the relatively small number of pumps in California and the infrequency with which they operate as compared to other emission sources, the benefits in air quality improvements are dwarfed by the risks to public safety and public health, and the financial burdens the rule places on cities and special districts. <Continued> Printarl nn Racvclari Panor Having served for 16 years as an elected water board member and 29 years as a volunteer firefighter, I understand the need for these back-up systems, and authored AB 28 to remove these restrictions on public agencies' use of natural gas water pumps, and I would ask that your organization please review and take a position in support of AB 28. I plan on revising the language of AB 28 based on the input you provide. Additionally, any information you could provide on how these rules affect (or will affect in the future) your agency will be very helpful as we move through the legislative process. I have enclosed a copy of the current text of the bill as well as a letter of support from the Western Municipal Water District as an example of an endorsement we have already received. In my office, we have an open door policy and welcome your comments and suggestions on the proposed AB 28. Please do not hesitate to contact me or my office if we can ever be of assistance in your dealings with the state government or any other issue where our involvement might be beneficial. Respectfully, Kevin D. Jeffries CALIFORNIA LEGISLATURE-200<}-10 REGULAR SESSION ASSEMBLY BILL No. 28 Introduced by Assembly Member Jeffries December 1,2008 , An act to add Section 40722 to the Health and Safety Code,relating to air pallution. LEGISLATIVE COUNSEL'S DIGEST AB 28,as introduced,Jeffries.Natural gas engines: water pumps. Existing law imposes various Iimitations on emissions o� air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. This bill would prohibit air pollution control districts and air quality management districts frozn restricting the use of engines powered by natural gas by a city,county,or special district,including a water district, , to operate water pumps. • Vote: majority, Appropriation: no. Fiscal committee: na State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. � Section 40722 is added to the Health and Safety 2 Code, to read: 99 _ ::;,- � WES�ERN MUNfCIP/kL WATER Q�� Joh�V.Rossi _. ._ _ � _..._. _...__,._ __.__._._ __ t'�=r..r.i�,�r. _._,__. __..__ __.�.._.__..__._..___.--------------—--- ----'_ Charles D.Fieid 'Ihomas P.6vans 8renda Dennstedt Donald D.GaGea�o S.R AI l.opez _"i�iw.�.•' I�r zciyt� L�i•.w�:r� f�^:a>x�4 [��.i;n:� December 17, 2008 Honorable Assemblytnan Jeffries 66�h Assembly District State Capitol - � Sacramento, CA 94249 F RE: AB 28 (Jeffries): SCtPPORT i Dsar Assemblyman Jeffries: ' Western Municip�l Water D'tstcict supp�rts your b'ill,A8 28:bec�us�it vv�ould e�r:e�iriiinon- sense limits Qn cestrictit�ns that cu�ntly'disc�uxage responsitsle u�a Af gttern�tive goar�r _ �eneration prot�ting the pt�blic in emergeneles. The capability of providing relialiie pawer during emergencies when the grid has failed has prover�to be the difference betw�een devastating lass of life and property during emergeneies such as wildfaes in urban forests. When flames raced across the San Bernardino Mountains in . 2003,conunwuties with water systems equipped with natural gas paw�r generation survived the wildfires while those powersd so:lely by the grid burried to lhe,g;o.und. Campared to the dense smoY�e from kht�u��tds of tc�s,hundreds rs�homt;�a��i velu.cl�s bumin� to ashes, emissions of natural gas generators pressuri�ing water mains are n�g�ig�'bie. The lessons leamed from use of natural gas powered generatars in the hnrrifyi��f:res of�0(i3 have been repeated in ensuin�years in various other communities. In spite of this cleat evi�ence that public safety is well served by this backu�power systern,l�urdensome new restrictions on use of these�.enerators proposed by the Air Qua[ity Management District serve to hinder water �nd wastewater agencies frorn using them. Existing law imposes limits on ernissions of air contaminants for the control of air pollution fr.om nonvehicular sources including gas po.wered generators: These restrictions inhibit u,se of alternative power supplies at water ag�ncies, ultimate�y p�acing at risk hundceds o.f thousands of rvater.customers,plus sensit'ive regiori�l ecosyste�rt�depet�dent u�on wastewafiei systet�is tributary to riparian habitat. Westem a�plauds AB 28 hecause it would prohibii air pollution control districts and air qualitp management dist�icts from restricting fhe use of eng�nes po�vered by natural gas by a ci"ty, county,or special district, including a water district, to operate water pumps. Mail to:P.O.Box 5286,Riverside.California 92517-5286 4S0 E.Alessandro 81vd.Riverside:(:alifo�nia 92S08 (95l)789-5000•FAX(951)780-3837 www.wmwd.com