VIDEOCONFERENCE MEETING AIR RESOURCES BOARD …
Transcript of VIDEOCONFERENCE MEETING AIR RESOURCES BOARD …
VIDEOCONFERENCE MEETING
STATE OF CALIFORNIA
AIR RESOURCES BOARD
CALEPA HEADQUARTERS
BYRON SHER AUDITORIUM
SECOND FLOOR
1001 I STREET
SACRAMENTO, CALIFORNIA
THURSDAY, JUNE 25, 2020
9:03 A.M.
JAMES F. PETERS, CSRCERTIFIED SHORTHAND REPORTER LICENSE NUMBER 10063
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A P P E A R A N C E S
BOARD MEMBERS:
Ms. Mary Nichols, Chair
Ms. Sandra Berg, Vice Chair
Mr. Hector De La Torre
Dr. John Balmes
Mr. John Eisenhut
Supervisor Nathan Fletcher
Senator Dean Florez
Assembly Member Eduardo Garcia
Mr. John Gioia
Ms. Judy Mitchell
Mrs. Barbara Riordan
Supervisor Phil Serna
Dr. Alexander Sherriffs
Professor Daniel Sperling
Ms. Diane Takvorian
STAFF:
Mr. Richard Corey, Executive Officer
Ms. Edie Chang, Deputy Executive Officer
Mr. Steve Cliff, Deputy Executive Officer
Mr. Kurt Karperos, Deputy Executive Officer
Ms. Ellen Peter, Chief Counsel
Ms. Veronica Eady, Assistant Executive Officer
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A P P E A R A N C E S C O N T I N U E D
STAFF:
Ms. Annette Hebert, Assistant Executive Officer
Ms. Heather Arias, Division Chief, Transportation andToxics Division
Mr. Paul Arneja, Air Resources Engineer, In-Use Control Measures Section, Mobile Source Control Division(MSCD)
Ms. Tiffanie Be, Air Pollution Specialist, Emission Inventory Development Section, Air Quality Planning and Science Division(AQPSD)
Ms. Richelle Bishop, Manager, Citations and Hotline Section, Enforcement Division(ED)
Mr. Tony Brasil, Branch Chief, Transportation and Clean Technology Branch, MSCD
Mr. Pippin Brehler, Senior Attorney, Legal Office
Mr. Steve Brisby, Branch Chief, Field Operations Branch, ED
Mr. Michael Carter, Assistant Division Chief, MSCD
Mr. Ian Cecere, Attorney, Legal Office
Ms. Angela Csondes, Manager, Marine Strategies Section, TTD
Mr. Craig Duehring, Manager, In-Use Control Measures Section, MSCD
Mr. Dave Edwards, Assistant Division Chief, AQPSD
Mr. Jonathan Foster, Air Resources Engineer, MarineStrategies Section, TTD
Mr. Nick Kane, Air Pollution Specialist, Citations and Hotline Section, ED
Mr. Jack Kitowski, Division Chief, MSCD
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A P P E A R A N C E S C O N T I N U E D
STAFF:
Ms. Nicole Light Densberger, Staff Air Pollution Specialist, Marine Strategies Section, TTD
Mr. Aron Livingston, Assistant Chief Counsel, Legal Office
Ms. Heather Quiros, Branch Chief, Diesel Programs Enforcement Branch, ED
Mr. Nicholas Rabinowitsh, Senior Attorney, Legal Office
Mr. Todd Sax, Division Chief, ED
Ms. Bonnie Soriano, Branch Chief, Freight Activity Branch, TTD
Ms. Sydney Vergis, Assistant Division Chief, MSCD
Mr. Earl Withycombe, Air Resources Engineer, CentralValley Air Quality Planning Section, AQPSD
ALSO PRESENT:
Mr. Mark Abramowitz, Community Environmental Services
Ms. Yasmine Agelidis, LA County Truck and Bus Coalition
Ms. Leslie Aguayo, Green Landing Institute
Mr. Zach Amittay, E2
Mr. Sam Appel, Bluegreen Alliance
Mr. Paco Arago, IBEW Local 11
Mr. Ruben Aronin, California Business Alliance for a Clean Economy
Ms. Christine Austria-Lozoya, IBEW Loca 11
Ms. Shayda Azamian, Leadership Counsel for Justice and Accountability
Mr. Nate Baguio, Lion Electric
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Ms. Angie Balderas, My Generation Campaign
Ms. AZ Banguis, Little Manila Rising
Mr. Will Barrett, American Lung Association
Mr. Thomas Becker
Ms. Nidia Bello, CAUSE
Mr. Victor Benavidez, CAUSE
Mr. Roman Berenshteyn, Bay Panning Coalition
Mr. Nico Bouwkamp, California Fuel Cell Partnership
Ms. Silvia Calzada
Ms. Soledad Camacho, CAUSE
Mr. Todd Campbell, Clean Energy
Ms. Brittany Caplin, Proterra
Mr. Michael Carr, Shell
Ms. Morgan Caswell, Port of Long Beach
Mr. Christopher Canon, Port of os Angeles
Mr. Tim Carmichael, SoCalGas
Mr. John Clements, Hummingbird EV
Mr. Kristian, Corby, California Electric Transportation Coalition
Ms. Caroline Correa, Brightline Defense
Mr. Paul Cort, Earthjustice
Mr. Jon Costantino, Trillium
Mr. Joe Dalum, Odyne Systems
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Mr. Carlo De La Cruz, Sierra Club
Ms. Paola Dela Cruz-Perez, East Yard Communities for Environmental Justice
Ms. Stan DeLizo, Kenworth Truck Company
Ms. Susan Dembrowski, SoCal 350 Climate Action
Mr. Tim DeMoss, Port of Los Angeles
Ms. Mirella Deniz-Zaragoza, Warehouse Worker Resource Center
Ms. Beverly DesChaux, Electric Auto Association
Ms. Janet Dietzkamei, CVAQ
Ms. Cindy Donis, East Yard Communities for Environmental Justice
Mr. Tom Dow, Carnival Corporation
Ms. Katie Dykes, Connecticut Department of Energy andEnvironmental Protection
Mr. Tyson Eckerle, Deputy Director, California Governor's Office of Business and Economic Development(GO-Biz)
Mr. Sean Edgar, Clean Fleets
Mr. Steve Ellis, Honda Motor Company
Mr. Tommy Faavae, IBEW Local 11
Ms. Dawn Fenton, Volvo Group
Mr. Steve Flint, New York Department of Environmental Conservation
Mr. David Flores, Environmental Health Coalition
Ms. Diane Flowers
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Ms. Yessenia G., CAUSE
Ms. Katherine Garcia, Sierra Club
Ms. Kimberly Garcia, CAUSE
Mr. Michael Geller, Manufacturers of Emission Controls Association
Mr. David Glassman, Now Coal in Oakland
Mr. Theral Golden, West Long Beach Association
Ms. Cristel Gonzalez, CAUSE
Mr. Robert Graham, Plug-In Hybrid Coalition
Mr. Ben Granholm, Western Propane Gas Association
Ms. Peg Hanna, New Jersey Department of Environmental Protection
Mr. Adam Harper, California Construction and Industrial Materials Association
Ms. Kathy Hoang, Partnership for Working Families
Ms. Laurie Holmes, Motor and Equipment Manufacturers Association
Ms. Regina Hsu, Earthjustice
Mr. Thomas Jelenic, PMSA
Ms. Janet Johnson
Mr. Vazken Kassakhian, SoCal Edison
Ms. Yassamin Kavezade, Sierra Club
Mr. Ryan Kenny, Clean Energy
Ms. Kathy Kerridge, 350 Bay Area Action
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Ms. Sila Kiliccote, eIQ Mobility
Ms. Lee Kindberg, MAERSK
Ms. Christine Kirby, Massachusetts Department of Environmental Protection
Mr. William Koons, Carson Steering Committee
Mr. Bernie Kotlier, IBEW
Ms. Jennifer Kropke, IBEW
Ms. Heather Kryczka, Natural Resources Defense Council
Ms. Alana Langdon, Nikola Corp.
Mr. Ricardo Lara, California Insurance Commissioner
Mr. Thomas Lawson, California Natural Gas Vehicle Coalition
Ms. Stephanie Ly, Transpower Meritor
Ms. Kathy Lynch, Lynch and Associates
Mr. Bill Magavern, Coalition for Clean Air
Mr. Kevin Maggay, SoCalGas
Ms. Jed Mandel, Engine Manufactures Association
Ms. Jennifer Martinez, Sierra Club
Ms. Yvonne Martinez Watson, Sierra Club
Mr. Jesse Marquez, Coalition for a Safe Environment
Ms. Lucia Marquez, CAUSE
Mr. Brian McDonald, Marathon Petroleum Corp
Ms. Lisa McGhee, GreenPower Motor Company
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Mr. John McNamara, CR&R
Mr. Art Mead, Crowley Marin Corp.
Ms. Gabriela Mendez, CCAEJ
Ms. Sherrie Merrow, Natural Gas Vehicles for America
Mr. Paul Miller, Executive Director, NESCAUM
Ms. Neena Mohan, California Environmental Justice Alliance
Ms. Odette Moran
Ms. Mayra Munguia, CAUSE
Mr. Michael Munoz, LA Alliance for a New Economy
Ms. Urvi Nagrani
Mr. Lauren Navarro, Environmental Defense Fund
Mr. Chris Nevers, Rivian Automotive
Mr. Jimmy O'Dea, Union of Concerned Scientists
Ms. Veronica Pardo, Resource Recovery Coalition of California
Mr. Chris Peeples, AC Transit
Mr. Jeff Pickles, Green Grid
Mr. Marvin Pineda, International Longshore Warehouse Union
Mr. Ray Pingle, Sierra Club
Ms. Cynthia Pinto-Cabrerra, CVAQ
Ms. Yesenia Ponce, CAUSE
Mr. Patricio Portillo, Natural Resources Defense Council
Ms. Pat Pressel, North Embarcadero Coalition
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Mr. Joshua Regalado, Center for Community Action and Environmental Justice
Ms. Catherine Reheis-Boyd, Western States Petroleum Association
Ms. Ashley Remillard, Agility Fuels Solutions
Ms. Tiffany Roberts, Western States Petroleum Association
Mr. Derrick Robinson, Fresnans Against Fracking
Ms. Erin Rodriguez, Union of Concerned Scientists
Ms. Janet Rogers, North Embarcadero Coalition
Ms. Laura Rosenberg, Fresnans Against Fracking
Mr. Hugh Ross, 350 Bay Area Action
Ms. Sarah Sachs, Ceres
Ms. Naomi Sanchez
Ms. Janice Sandoval
Mr. Wladimir Sarmiento-Darkin, Linde
Mr. Tim Sasseen, Ballard Power
Mr. Douglas Schneider, World Shipping Council
Mr. Andy Schwartz, Tesla
Mr. John Shears, Center for Energy Efficiency and Renewable Technologies
Mr. Mark Sheldon
Mr. Chris Shimoda, California Trucking Association
Ms. Leah Silverthorn, California Chamber of Commerce
Mr. Richard Sinkoff, Port of Oakland
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A P P E A R A N C E S C O N T I N U E D
ALSO PRESENT:
Mr. Jim Smith, Teamsters Union
Ms. Jillian Soloman, Motiv Power Systems
Captain Saul Stashower, Woodbridge Marine
Ms. Jack Symington, Los Angeles Clean Tech Incubator
Ms. Kathy Taylor, Washington State Department of Ecology
Ms. Taylor Thomas, East Yard Communities for Environmental Justice
Ms. Heather Tomley, Port of Long Beach
Mr. Bill Van Amburg, CALSTART
Ms. Andrea Vidaurre, CCAEJ
Mr. Gustavo Villa
Mr. Peter Warren, San Pedro Homeowners Coalition
Mr. Steve Wallauch, California Association of Port Authorities
Ms. Janet Whittick, California Council for Environmental and Economic Balance
Ms. Joy Williams, Environmental Health Coalition
Mr. David Wooley, UC Berkeley Goldman School of Public Policy
Ms. Francis Yang, My Generation Campaign, Sierra Club
Mr. David Yow, Port of San Diego
Ms. Elizabeth Yura, Bay Area Air Quality Management District
Mr. Bill Zobel, Hydrogen Business Council
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I N D E X PAGE
Call to Order and Roll Call 1
Opening Remarks by Chair Nichols 2
Item 20-6-1 Chair Nichols 6 Mr. Becker 8 Executive Officer Corey 10 Board Discussion and Q&A 12 Motion 12 Vote 13
Item 20-6-2 Chair Nichols 14 Motion 15 Vote 15
Item 20-6-3 Chair Nichols 20 Executive Officer Corey 22 Staff Presentation 24 Mr. Eckerle 38 Mr. Miller 45 Ms. Dykes 54 Ms. Kirby 56 Ms. Hanna 58 Mr. Flint 61 Mr. Van Amburg 63 Mr. Baguio 65 Ms. Fenton 66 Mr. Peeples 68 Mr. Kenny 69 Mr. Robinson 71 Mr. Magavern 73 Mr. Mandel 74 Ms. Rosenberger 76 Ms. Remillard 78 Ms. Marquez 80 Mr. Sasseen 82 Ms. Pinto-Cabrerra 84 Mr. Pingle 86 Mr. Arago 87 Ms. Dembrowski 89 Ms. Navarro 91 Mr. Regalado 93 Ms. Holmes 95
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Mr. Amittay 97 Ms. Merrow 99 Ms. Taylor 101 Ms. Ponce 103 Ms. Agelidis 104 Mr. Munoz 106 Mr. Graham 108 Ms. Correa 109 Mr. McNamara 111 Mr. Shears 115 Mr. Corby 117 Ms. Hoang 119 Mr. Kassakhian 121 Ms. Austria-Lozoya 122 Ms. Bello 123 Ms. Lynch 125 Mr. Flores 127 Mr. Bouwkamp 128 Mr. Faavae 130 Mr. Carmichael 131 Mr. Clements 133 Ms. Munguia 134 Ms. Sachs 136 Mr. Schwartz 138 Mr. Aronin 140 Mr. Zobel 143 Ms. Camacho 144 Mr. Barrett 145 Mr. Lawson 147 Ms. Donis 149 Mr. Campbell 150 Ms. Aguayo 152 Ms. Solomon 154 Mr. Nevers 155 Ms. Kropke 157 Ms. Calzada 158 Mr. Kotlier 159 Ms. Williams 161 Mr. Sarmiento-Darkin 162 Mr. Yang 164 Ms. Vidaurre 165 Mr. Wooley 167 Ms. Kiliccote 168 Mr. Cort 170 Mr. Canon 173 Mr. Harper 174
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Ms. Whittick 176 Mr. O'Dea 177 Mr. Portillo 179 Ms. Mendez 181 Ms. Caplin 183 Mr. Geller 185 Ms. Dietzkamei 187 Ms. Gonzalez 189 Mr. Pickles 189 Ms. Pardo 192 Ms. Roberts 194 Ms. Dela Cruz-Perez 196 Mr. Maggay 198 Ms. Caswell 199 Ms. Thomas 201 Ms. Silverthorn 203 Ms. Mohan 205 Ms. Deniz-Zaragoza 207 Ms. Ly 209 Ms. Yesenia G. 210 Ms. DesChaux 213 Mr. Granholm 214 Mr. Yow 216 Ms. Martinez 218 Mr. Costantino 219 Mr. Shimoda 220 Ms. Nagrani 222 Mr. Marquez 224 Ms. Sandoval 225 Ms. Martinez Watson 227 Ms. Kerridge 228 Mr. Smith 229 Mr. Appel 230 Mr. Ellis 232 Ms. Langdon 234 Mr. DeLizo 236 Mr. Abramowitz 237 Mr. Sheldon 238 Mr. Villa 239 Mr. Dalum 241 Mr. Carr 243 Mr. Benavidez 245 Ms. Sanchez 247 Ms. Katherine Garcia 248 Ms. Azamian 250 Ms. Balderas 251
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Mr. Symington 253 Ms. McGhee 254 Ms. Moran 256 Ms. Kavezade 258 Mr. Ross 260 Mr. Edgar 262 Commissioner Lara 264 Ms. Kimberly Garcia 265 Board Discussion and Q&A 267 Motion 315 Vote 315
Item 20-6-4 Chair Nichols 317 Executive Officer Corey 319 Staff Presentation 320 Mr. Magavern 332 Ms. Reheis-Boyd 334 Mr. Warren 336 Mr. Barrett 338 Mr. Marquez 340 Mr. Wooley 342 Ms. Hsu 344 Ms. Rogers 345 Ms. Pressel 347 Mr. Mead 349 Mr. Faavae 351 Mr. Schneider 352 Mr. Berenshteyn 354 Ms. De La Cruz 355 Ms. Tomley 356 Mr. Wallauch 358 Mr. Glassman 360 Ms. Austria-Lozoya 361 Mr. McDonald 362 Captain Stashower 364 Ms. Kindberg 366 Ms. Rodriguez 368 Ms. Yura 369 Mr. Dow 371 Ms. Kryczka 373 Ms. Williams 375 Ms. Banguis 377 Ms. Rosenberger 378 Mr. Jelenic 379 Mr. Yow 381
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Mr. Pineda 383 Ms. Flowers 386 Mr. DeMoss 387 Ms. Kavezade 390 Mr. Golden 391 Ms. Kavezade 392 Mr. Sinkoff 393 Mr. Koons 395 Board Discussion and Q&A 396
Item 20-6-5 Chair Nichols 432 Executive Officer Corey 433 Staff Presentation 433 Mr. Koons 447 Board Discussion and Q&A 450
Public Comments Mr. Peeples 452 Ms. Johnson 454
Adjournment 456
Reporter's Certificate 457
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P R O C E E D I N G S
CHAIR NICHOLS: Good morning, everybody. The
June 25th, 2020 public meeting of the California Air
Resources Board will now come to order.
And the clerk bill please call the roll
BOARD CLERK SAKAZAKI: Thank you, Madam Chair.
Dr. Balmes.
BOARD MEMBER BALMES: Here.
BOARD CLERK SAKAZAKI: Mr. De La Torre?
Mr. Eisenhut?
BOARD MEMBER EISENHUT: Here. Good morning.
BOARD CLERK SAKAZAKI: Supervisor Fletcher?
BOARD MEMBER FLETCHER: Here.
BOARD CLERK SAKAZAKI: Senator Florez?
BOARD MEMBER FLOREZ: Here.
BOARD CLERK SAKAZAKI: Assembly Member Garcia?
ASSEMBLY MEMBER GARCIA: Present.
BOARD CLERK SAKAZAKI: Supervisor Gioia?
BOARD MEMBER GIOIA: Here.
BOARD CLERK SAKAZAKI: Ms. Mitchell?
BOARD MEMBER MITCHELL: Here.
BOARD CLERK SAKAZAKI: Senator Monning?
Mrs. Riordan?
BOARD MEMBER RIORDAN: Here.
BOARD CLERK SAKAZAKI: Supervisor Serna?
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BOARD MEMBER SERNA: Here.
BOARD CLERK SAKAZAKI: Dr. Sherriffs?
Dr. Sherriffs?
BOARD MEMBER SHERRIFFS: Here.
BOARD CLERK SAKAZAKI: Good morning.
BOARD MEMBER SHERRIFFS: Yes. Yes.
BOARD CLERK SAKAZAKI: Professor Sperling?
BOARD MEMBER SPERLING: Here.
BOARD CLERK SAKAZAKI: Ms. Takvorian?
BOARD MEMBER TAKVORIAN: Yes, present.
BOARD CLERK SAKAZAKI: Vice Chair Berg?
VICE CHAIR BERG: Here.
BOARD CLERK SAKAZAKI: Chair Nichols?
CHAIR NICHOLS: Here.
BOARD CLERK SAKAZAKI: Madam Chair, we have a
quorum.
CHAIR NICHOLS: Thank you very much.
First of all, let me begin today's proceedings by
saying that it's great to be with you again, even though
we continue to be separated in space, but we can meet in
time. We hope that everything will return to normal soon.
But in the mean time, air pollution has not gone away.
The climate keeps changing and the State keeps working.
So we are conducting our regular Board meeting
today for the third time since the pandemic first became
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apparent. And we're doing it via Zoom. And this
proceeding has been organized to reflect as closely as
possible the way we would normally conduct a Board
meeting, but there are certainly going to be a few
differences. And we request everybody's patience while we
work through the process.
I think the technology gets better and better.
Thank you Zoom, but -- and we also learn to work with it.
But nevertheless, there could be some glitches along the
way. And if we do need to stop and deal with anything, we
hope that you will all be patient and understanding.
We have interpretation services today in Spanish.
And so if you are using Zoom, you can click a button
labeled interpretation on the Zoom screen. And if you
click that button and select Spanish, you will then be
able to hear the meeting in Spanish.
Madam translator, would you please translate
that.
(Thereupon it was translated in Spanish.)
CHAIR NICHOLS: Thank you. I'm now going to ask
the Clerk to provide a little bit more detail about how
the procedures for the public hearing will work.
BOARD CLERK SAKAZAKI: Thank you, Chair Nichols.
Good morning, everybody. My name is Ryan Sakazaki. I'm
one of the Board clerks. I will provide some information
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in how public participation will be organized for today's
meeting.
If you wish to make a verbal comment on one of
the Board items, or if you want to make a comment during
the open comment period at the end of today's meeting, you
must be using the Zoom webinar or calling in by telephone.
If you are watching the webcast on Cal-Span, but do not --
but do want to comment, please register for Zoom or call
in. Information for both can be found on the public
agenda. To make a verbal comment, we will be using the
raise hand feature on Zoom. If you wish to comment -- if
you wish to speak on a Board item please virtually raise
your hand to let us know you wish to speak at the
beginning of that Board item. To do this, if you are
using a computer tablet, there is a raise hand button. If
you are calling in on the telephone, dial star nine to
raise your hand.
Even if you have previously registered and
indicated which item you wish to speak on, please raise
your hand at the beginning of the item if you want to
speak. If you don't raise your hand, your chance to speak
will be skipped.
If you are giving your verbal comment in Spanish,
please indicate so at the beginning of your testimony and
our translator will assist you. During your comment,
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please pause after each sentence to allow the interpreter
to translate your comment into English. When the comment
period starts, the order of commenters will be determined
by who raises their hand first. I will call each
commenter by name and then activate each commenter when it
is their turn to speak. For those calling in, I will
identify you by the last three digits of your phone
number. We will not show a list of commenters. However,
I will be announcing the next three or so commenters in
the queue so you are ready to testify and know who is
coming up next.
Please note, that you will not be appearing by
video during your testimony. I would like to remind
everyone, commenters Board Members, and CARB staff to
please state your name for the record before you speak.
This is important in this new remote meeting setting and
especially important to those calling in to testify on an
item.
There is the normal three-minute time limit for
each commenter, though that can change at the discretion
of the Chair. During public testimony, you will see a
time on your screen. For those calling in by phone, we
will run a -- the timer and let you know when you have 30
seconds left and when your time is up.
If you wish to submit written comments today,
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please visit CARB's send-us-your-comment page or look to
the public agenda on our website for a link to send these
documents electronically. Comments will be accepted on
each item until the chair closes the record for that Board
item.
I would like to give a friendly reminder to
everyone to please mute yourself when you're not speaking
to avoid background noise. And if you do speak, please
speak from a quite location. If you experience any
technical difficulties please call (805)801-3676 so an IT
person can assist. Again that's (805)801-3676.
Thank you. I'd like to turn the microphone back
to Chair Nichols now.
BOARD CLERK SAKAZAKI: Sorry, Chair Nichols. We
can't hear you. Are you muted?
CHAIR NICHOLS: I'm now unmuted. Sorry.
BOARD CLERK SAKAZAKI: Yes.
CHAIR NICHOLS: I pressed the wrong button.
Okay. It's time to move to the consent calendar
then. We do have two items which we believed did not
require a full public hearing or a staff report, but they
can be removed if necessary.
So the first item on the consent calendar is Item
20-6-1, which is the 70 parts per billion ozone SIP
submittal. If you do wish to comment on this item, please
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click the raise hand button or dial star nine now.
Do we have any indication of comments being
received?
BOARD CLERK SAKAZAKI: Yes. Madam Chair. We
currently have two people with their hands raised.
CHAIR NICHOLS: Okay. And are these the
commenters that had previously been determined not to
relate to this item in particular or are these other
commenters?
Is our counsel present. Someone had reviewed
this. Well --
SENIOR ATTORNEY BREHLER: Chair Nichols thi is
Pippin Brehler in the Legal Office. I'm not sure which of
those commenters are. Mr. Sakazaki, is there a way to
determine who those commenters are and if they were --
CHAIR NICHOLS: The reason I'm asking is because
there were two commenters that had been previously
determined to be appropriate for the public comment
period, but not to be specifically addressing this item.
SENIOR ATTORNEY BREHLER: Right. So Mr.
Sakazaki, I was wondering if you could either tell me or
otherwise tell Chair Nichols who those commenters are to
see if we can see if they were the ones who had made a
comment more appropriate for the general comment.
CHIEF COUNSEL PETER: One personal -- this is
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Ellen Peter, Chief Counsel. One of the people is a phone
number, so let's just call that person.
CHAIR NICHOLS: All right. Then we should remove
this item from the consent calendar for now and call the
witnesses.
BOARD CLERK SAKAZAKI: Yes, chair. The first
commenter is a phone number ending in 557. I have
activated microphone, if you'd like to begin your
testimony.
MR. BECKER: Yeah. Hi. My name is Tom Becker.
I want to make sure everybody can hear me before I begin.
BOARD CLERK SAKAZAKI: Yes, we can hear you.
MR. BECKER: I submitted a written comment about
30 minutes ago on this item. So I just want to have
everybody aware -- both staff and the Board aware of my
public comment. I just don't want to have somebody say
that, they go to a federal court and said, oh, we didn't
know. It's there. I'm just letting you know there's a
public comment sitting there.
Number two, when I was a kid back in 1973, I went
to Don Bosco Technical Institute in Rosemead, California.
And I was in the automotive technology program. I was
among the first people to ever get a smog inspector's
license from the Bureau of Auto Repair.
And just only a few miles away, maybe five miles
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down by the El Monte Airport, the Air Resources Board
opened up their new testing lab. It was brand new. I
remember this. We used to go over there for field trips.
And sometimes the engineers would come over to Don Bosco
Tech and talk to us, especially those of us in the
automotive school and studying emission controls.
And I talked to Dr. Haagen-Smit himself. And I
do remember he smoked cigarettes. That's one thing I
remember about the man that he smoked cigarettes. I don't
know.
Anyway, Dr. Haagen-Smit said something to me and
to our class. And he said that everything that could be
fixed as far as emission controls from cars, if we just
reduced the number of cars and reduced the number of
vehicle miles traveled by those cars and trucks. And even
though he was in support of increased and improved
emission controls on vehicles, it always stuck in my mind
how he said, you know, if they'd just stop building, and
put the homes closer to where the jobs were, and stopped
expanding the Port of Los Angeles and maybe start building
the stuff here instead of importing it from, at that time,
Japan, he said this would all be fixed.
I wonder if Dr. Haagen-Smit would be shocked by
the real, almost fraud, being committed by CARB staff and
the Board by basically ignoring the reduction of vehicle
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miles traveled in lieu of these extreme emission control
standards that you're imposing on trucks and automobiles.
Reduce vehicle miles traveled, reduce the number of cars
and you fix the problem.
And the thing that I submitted to you today, the
written comment that I want to make sure everyone knows.
BOARD CLERK SAKAZAKI: Excuse me, sir. Thirty
seconds left.
MR. BECKER: Thank you. Is that -- am I done?
Hello?
BOARD CLERK SAKAZAKI: Twenty seconds.
CHAIR NICHOLS: You have a few seconds.
Okay.
BOARD CLERK SAKAZAKI: Okay. It looks like he is
disconnected. So that concludes the list of commenters
for this item, Madam Chair.
CHAIR NICHOLS: Oh, we have only the one. Okay.
Mr. Corey, I think we better have you summarize
what this item actually is before we ask the Board to deal
with the resolution.
EXECUTIVE OFFICER COREY: Will do. Thanks,
Chair. The Federal Clean Air Act establishes planning
requirements for areas that exceed the health-based
national ambient air quality standards. Areas are
designated as nonattainment based on monitored exceedances
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of these standards.
In 2015, the U.S. EPA strengthened the ambient
air quality standards for the 8-hour ozone standard from
75 to 70 parts per billion. Effective August 3rd, 2018,
U.S. EPA designated 19 areas in California as
nonattainment for the 2015 70 PPB 8-hour ozone standard
and classified them as marginal, moderate, serious, severe
or extreme. For ozone, the Act requires states to prepare
baseline emission inventories for all areas exceeding the
standard within two years of designation.
Per U.S. EPA guidance, CARB prepared the 2017
baseline emission inventory for NOx and ROG organics for
the ozone nonattainment areas, except for San Diego, which
will be included in their SIP later this year.
Also, within two years of designations, the Act
requires states to submit enforceable transportation
control strategies and transportation control measures to
offset any growth in emissions in VMT or numbers of
vehicle trips for severe and extreme ozone nonattainment
areas.
CARB has prepared the VMT emissions offset
demonstration for these areas, except from Mojave Desert.
And CARB staff is working with the transportation agency
and district on that particular one.
The 70 ppb ozone SIP submittal documents at the
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baseline emission inventories and VMT emission offset
demonstration required for the 2015 70 ppb 8-hour ozone
standard as part of the State Implementation Plan.
So that concludes my remarks, Chair.
CHAIR NICHOLS: Thank you, Mr. Corey. I think at
this point, we can bring the resolution forward. I would
like to say that I also met Dr. Haagen-Smit at about that
same time that the gentleman who commented did. And I
remember one of his statements, I think some of the Board
members will appreciate this, is that people didn't
actually care about the health effects of ozone. They
really only cared about the view of the mountains. And if
we could just fix that visibility problem, then we'd be
done with all of our work on air pollution.
So he was a brilliant scientist, but he wasn't
necessarily right about everything.
(Laughter.)
CHAIR NICHOLS: Okay. Do I have a motion to
approve this item?
BOARD MEMBER RIORDAN: Madam Chair, I would be
happy to move this item.
CHAIR NICHOLS: And a second?
VICE CHAIR BERG: Madam Chair, I'll second it,
but we also need to close the record.
CHAIR NICHOLS: Yes, because it's no longer on
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consent, I guess we do. So thank you. We will close the
record then. And we have a motion and a second. So the
Clerk will please call the roll.
BOARD CLERK SAKAZAKI: Thank you, Madam chair.
Dr. Balmes?
BOARD MEMBER BALMES: Aye.
BOARD CLERK SAKAZAKI: Mr. De La Torre?
BOARD MEMBER DE LA TORRE: Aye.
BOARD CLERK SAKAZAKI: Mr. Eisenhut.
Thank you.
BOARD MEMBER EISENHUT: Aye.
CHAIR NICHOLS: Supervisor Fletcher?
Supervisor Fletcher?
Senator Florez?
BOARD MEMBER FLOREZ: Aye.
BOARD CLERK SAKAZAKI: Supervisor Gioia?
BOARD MEMBER GIOIA: Yes.
BOARD CLERK SAKAZAKI: Ms. Mitchell?
BOARD MEMBER MITCHELL: Yes.
BOARD CLERK SAKAZAKI: Mrs. Riordan?
BOARD MEMBER RIORDAN: Aye.
BOARD CLERK SAKAZAKI: Supervisor Serna?
BOARD MEMBER SERNA: Aye.
BOARD CLERK SAKAZAKI: Dr. Sherriffs?
BOARD MEMBER SHERRIFFS: Yes.
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BOARD CLERK SAKAZAKI: Professor Sperling?
BOARD MEMBER SPERLING: Yes.
BOARD CLERK SAKAZAKI: Ms. Takvorian?
BOARD MEMBER TAKVORIAN: Aye.
BOARD CLERK SAKAZAKI: Vice Chair Berg?
VICE CHAIR BERG: Aye.
BOARD CLERK SAKAZAKI: Chair Nichols?
CHAIR NICHOLS: Aye.
BOARD CLERK SAKAZAKI: Madam Chair, the motion
passes.
CHAIR NICHOLS: Thank you. All right. Let's try
one more time to see if we can make this consent calendar
idea work.
The next item on consent is the Indian Wells
Valley second 10-year PM10 maintenance plan. And this was
put on the consent calendar, but I need to make sure that
we've allowed for anybody who wants to comment on this
item to raise their hand or dial star nine now.
Board Clerk, has anyone signed up to testify on
this item?
BOARD CLERK SAKAZAKI: Yes, Madam Chair. We have
one person with their hand raised.
CHAIR NICHOLS: Okay. Then in that case, we will
proceed to the -- proceed to the comment.
BOARD CLERK SAKAZAKI: Okay. Our speaker for
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this item is Yassamin Kavezade. Yassamin, I have
activated your microphone. If you'd like to unmute
yourself and begin.
Yassamin, are you there?
BOARD CLERK SAKAZAKI: Well, Madam Chair, she has
not unmuted her microphone.
CHAIR NICHOLS: Do we have a written comment?
BOARD CLERK SAKAZAKI: I don't believe so. I
can -- I think we can -- we can -- I think we can proceed
with it as the consent calendar.
CHAIR NICHOLS: All right. Well, in that case, I
guess we go back to the consent calendar and close the
record, and just ask all the Board members if they've had
an opportunity to review the resolution? And if so, could
I have a motion and a second to adopt Resolution 20-18?
BOARD MEMBER FLOREZ: I'll move that, Madam
Chair.
CHAIR NICHOLS: Thank you.
VICE CHAIR BERG: This is Sandy Berg. I'll
second.
CHAIR NICHOLS: Thank you.
Clerk, please call the roll.
BOARD CLERK SAKAZAKI: Dr. Balmes?
BOARD MEMBER BALMES: Yes.
BOARD CLERK SAKAZAKI: Mr. De La Torre?
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BOARD MEMBER DE LA TORRE: Aye.
BOARD CLERK SAKAZAKI: Mr. Eisenhut?
BOARD MEMBER EISENHUT: Aye.
BOARD CLERK SAKAZAKI: Supervisor -- Supervisor
Fletcher?
Senator Florez?
BOARD MEMBER FLOREZ: Aye.
BOARD CLERK SAKAZAKI: Supervisor Gioia?
BOARD MEMBER GIOIA: Aye.
BOARD CLERK SAKAZAKI: Ms. Mitchell?
BOARD MEMBER MITCHELL: Yes.
BOARD CLERK SAKAZAKI: Mrs. Riordan?
BOARD MEMBER RIORDAN: Aye.
BOARD CLERK SAKAZAKI: Supervisor Serna?
BOARD MEMBER SERNA: Aye.
BOARD CLERK SAKAZAKI: Dr. Sherriffs?
BOARD MEMBER SHERRIFFS: Yes.
BOARD CLERK SAKAZAKI: Professor Sperling?
BOARD MEMBER SPERLING: Yes.
BOARD CLERK SAKAZAKI: Professor Sperling?
CHAIR NICHOLS: I heard him say yes.
BOARD CLERK SAKAZAKI: Okay.
Ms. Takvorian?
BOARD MEMBER TAKVORIAN: Yes.
BOARD CLERK SAKAZAKI: Vice Chair Berg?
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VICE CHAIR BERG: Aye.
BOARD CLERK SAKAZAKI: Chair Nichols?
CHAIR NICHOLS: Yes.
BOARD CLERK SAKAZAKI: Madam Chair, the motion
passes.
CHAIR NICHOLS: Thank you. Dr. Sperling, I don't
know if you have the ability to control the sound level on
your microphone, but you are even quieter than usual.
(Laughter.)
CHAIR NICHOLS: Today. Okay. Thank you. That
item passes and we can return to the regular calendar.
But before we do, I have to take the prerogative of taking
a moment to recognize an occasion here. I am both pleased
and sad to announce that our first incumbent in the
position that was created a few years ago by our Executive
Officer for an Assistant Executive Officer in charge of
environmental justice matters, Veronica Eady, is moving
on. She has accepted a position with a considerable
advancement at the Bay Area Air Quality Management
District. So CARB's loss is very much the Bay Area's
gain, but it's actually a gain for all of us I think in
the State of California.
Veronica created the position of Assistant
Executive Officer. It hadn't existed before. She's done
a terrific job both internally and externally on behalf of
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CARB. And she has really, I think, made her particular
hallmark the AB 617 Program, where she has been everywhere
in the State of California and worked with all kinds of
stakeholder organizations to turn a brand new legislation
and a new way of doing business for CARB and the air
districts into a truly meaningful and important program.
So I just want to take the opportunity while
she's still here before she moves on to recognize her
tremendous contributions to the state's air quality
programs and to wish her the very best. And I hope she's
embarrassed. Where is she? Right there. I see her.
Because she's at least surprised.
BOARD MEMBER BALMES: Madam Chair?
ASSISTANT EXECUTIVE OFFICER EADY: I am
sufficiently embarrassed.
(Laughter.)
CHAIR NICHOLS: Yes. No, let's --
BOARD MEMBER BALMES: Madam Chair?
CHAIR NICHOLS: Who was it that had their hand up
just now?
BOARD MEMBER BALMES: John.
CHAIR NICHOLS: Yes you, John. Yes. Go ahead,
John.
BOARD MEMBER BALMES: I just want to echo your
thoughts about Veronica. Having the pleasure of working
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with her fairly closely as the Chair of the AB 617
Consultation Group, everything you said I agree with, and
I will both personally miss her and miss her contribution
to the implementation of AB 617. So I'm both happy and
sad just like you.
CHAIR NICHOLS: She'll be a tough act to follow.
BOARD MEMBER GIOIA: And can I say -- can I say
that --
CHAIR NICHOLS: Yes, Supervisor Gioia.
BOARD MEMBER GIOIA: We're on the receive --
we're on both -- as a CARB member on the giving end and as
an air district member in the Bay Area, we're on the
receiving end.
CHAIR NICHOLS: I know.
BOARD MEMBER GIOIA: So we are excited and
looking forward to having Veronica join us at the Bay Area
and continue to do the work she's done at CARB. And the
Bay Area has -- air district has focused on equity issues.
We've actually created also a committee of our board on
these issues. So it was very -- we're very fortunate.
It's very timely that Veronica will be joining us, because
of our district's commitment. So look forward to seeing
you more in the Bay Area, Veronica.
ASSISTANT EXECUTIVE OFFICER EADY: If I can just
say a word, Chair Nichols and members of the Board. I
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have such mixed feelings about it, because being at CARB
and working with you all has been an incredible honor.
And I want to think that my work here at CARB is what made
me attractive for this position. So thank you all so
much.
And I also want to just take a moment to lift up
my EJ team, which for the first time is fully staffed. So
Trish Johnson, Ryan Atencio, Jose Saldana, Becky Griffin,
Samar Lichtenstein, Leah Asay. And we have two new
members coming on Christal Love-Lazard, and Natalie
Spiegel. They have been amazing. And I hope that I
mentioned them all. I hope I didn't leave anybody out,
but they have also paved the way for me too to go. Their
work with communities has been amazing. And in the Bay
Area, Jose particularly has done some really amazing work.
So I want to lift them up and I want to let you know that
I leave you in very good hands with the eight of them. So
thank you.
And you do have me for one more month, so it's
not goodbye yet. So thank you.
CHAIR NICHOLS: Thank you for everything. All
right.
Let's move then to the next item on the agenda,
which is the proposed Advanced Clean Trucks Regulation.
And again, if you're watching these proceedings and you
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want to comment on the item, please click the raise hand
button or dial star nine and we will call on you when we
get to the public comment portion of this item.
So this proposed regulation was first presented
to the Board at the December 12th, 2019 public hearing,
and it's back in front of us now for a final decision.
The proposal is part of our comprehensive strategy to
address emissions from motor vehicles and is focused on
accelerating the market for zero-emissions technology.
Exhaust from mobile sources and the fossil fuels
that power them are the largest contributors to the
formation of ozone, greenhouse gases, and toxic diesel
particulate matter. And while we've made significant
progress in addressing these issues over the years, much
more needs to be done to address California's unique
circumstances.
California has been promoting and supporting
transportation electrifi -- electrification in a number of
ways in recent careers. Our Governors have issued several
executive orders directing State agencies to adopt
policies that will reduce emissions, including direction
to accelerate zero-emission vehicle purchases and to
achieve carbon neutrality by 2045. This proposal puts us
squarely on that path.
It would also send a clear market signal for
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wide-scale electrification of trucks and buses in
California. This will drive investments in manufacturing
and infrastructure that will accelerate the market for
zero-emission trucks.
The growth of the zero-emissions market will
result in the creation of new, green, high-quality jobs
building these vehicles, installing the infrastructure to
support them, and developing a zero-emissions supply chain
in California.
The proposal will also significantly increase
benefits in communities adjacent to the warehouses, ports,
highways, and other locations that are disproportionately
affected by our freight-dependent economy.
Additionally, the proposed regulation includes a
one-time fleet reporting requirement that will be used to
inform future zero-emission vehicles adoption strategies.
Mr. Corey, will you please introduce this item?
EXECUTIVE OFFICER COREY: Yes. Thanks, Chair.
As you noted, maximizing the use of zero-emission
technologies is a necessary component to effectively
address California's air quality and climate protection
goals. And as part of our State Implementation Plan,
Sustainable Freight Strategy, and the Scoping Plan, we
concluded that zero-emission medium- and heavy-duty
vehicles are needed everywhere feasible to meet air
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quality standards and meet sustainability targets.
The current zero-emission truck market is mostly
served by small manufacturers and up-fitters. It's
necessary to accelerate the market to meet our goals by
bringing more manufacturers into the zero-emission vehicle
market and to instill confidence that early adopters of
zero-emission technology will be backed with long-term
market support.
Zero-emission trucks are a key strategy in the
State's efforts to reduce emissions in the transportation
sector. They provide immediate health benefits to local
communities and more energy efficiency than conventional
trucks, and significantly reduced petroleum and other
fossil fuel use.
Today's proposed manufacturer ZEV sales
requirement will significantly increase the total number
of ZEVs deployed and will provide substantially more
benefits than originally proposed and discussed with the
Board in December.
In addition, large entities and fleets would be
required to complete a one-time report that has been
streamlined focused only on their truck fleets and will
provide the information needed to establish a foundation
for future fleet rules that will complement today's
proposal.
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Ultimately, the proposed manufacturer requirement
and future fleet rules will be key components in making
substantial progress towards achieving our zero-emissions
future.
And with that, I'll ask Paul Arneja of the Mobile
Source Control Division to begin the staff presentation.
Paul.
(Thereupon an overhead presentation was
presented as follows.)
EXECUTIVE OFFICER COREY: Paul, you're muted, if
you're speaking.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Hi, Richard. This is Jack Kitowski. We had some
technical issues with the Internet here, so I'm going to
start on this presentation and we may transfer in the
middle of it.
Sorry about that.
EXECUTIVE OFFICER COREY: Okay.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
So thank you, Mr. Corey and good morning, Chair
Nichols and members of the Board. Today, we will be going
over the proposed Advanced Clean Trucks Regulation. This
is the second of two Board hearings on this item.
--o0o--
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
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In today's presentation, I will be summarizing
the Board's direction from our first hearing last
December, providing our assessment of the heavy-duty
manufacturer's proposal, demonstrate how staff is
responding to the Board's direction to increase
zero-emission vehicle sales and streamline the large
entity reporting requirement, and discuss the next steps
for this proposal.
--o0o--
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Advanced Clean Trucks is the first in a trio of
related regulations designed to tackle heavy-duty
emissions. The Advanced Clean Trucks Rule will foster and
accelerate the zero-emission truck market by ensuring
large-scale production of zero-emission vehicles by major
vehicle manufacturers. The regulation will ensure
manufacturers are competitively producing and selling
zero-emission vehicles to fleets.
In August, staff will be presenting the Low-NOx
Omnibus to the Board, which is a holistic effort to reduce
NOx emissions of the remaining combustion-powered
heavy-duty vehicles. Manufacturers building low-NOx
engines earlier than required will receive bonus credits
to encourage early and extra action. Both hybrid and
natural gas vehicles certified early to the Omnibus
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Standard will earn credit multipliers, which manufacturers
can then use to help meet their overall omnibus
commitments.
And then lastly, staff has begun work on a
zero-emission fleets rule -- fleet rules designed to work
in conjunction with today's zero-emission vehicle adoption
in California's fleet. This rulemaking may have multiple
aspects, including zero-emission purchase requirements for
certain market segments or beachheads to other concepts,
including green contracting requirements and zero-emission
zones.
These three policies complement and synergize
with each other to generate greater emission reductions
than any one regulation could.
--o0o--
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
As a reminder, the proposed Advanced Clean Trucks
Regulation has two main components: One, a requirement
for medium- and heavy-duty manufacturers to sell
zero-emission vehicles as a portion of their annual sales;
and two, a requirement for businesses and other large
entities to complete a one-time reporting. This
information will be critical in developing appropriate
future fleet rules.
--o0o--
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MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Last December's Board hearing was eventful and
well attended with over 100 commenters providing their
input. After hearing public testimony, the Board provided
guidance on ways to improve the regulation. Broadly,
these include the following: increase the number of
zero-emission vehicles deployed by 2030 with a focus on
disadvantaged communities; evaluate the manufacturers
proposal, which would require 100 percent of sales to be
zero-emission in specific segments; work with industry to
identify ways to streamline the reporting requirement;
expedite zero-emission fleet rules to support the
manufacturer requirements; and, ensure the regulation puts
us in a path towards 2045 carbon neutrality.
--o0o--
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
And at this point, I think we've overcome our
technical glitch and Paul Arneja is going to resume the
presentation.
MSCD AIR RESOURCES ENGINEER ARNEJA: Okay.
Thanks, Jack and Good Morning, Chair Nichols members of
the Board.
So just to continue on. First, I'll be going
over the proposal presented by the Truck and Engine
Manufacturers Association and staff's analysis of their
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proposal. Staff thanks the heavy-duty manufacturers for
their participation in this regulatory process and we look
forward to their continued and their willingness to
embrace zero-emission technologies. We look forward to
their continued input and participation.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: The EMA
proposal will identify specific segments or beachheads and
require that all sales and purchases within those segments
be 100 percent zero-emission. These requirements would
start in 2023, and include segments such as school buses,
refuse trucks, utility trucks, and government vehicles.
This would continue for other vehicle segments in future
years.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: After
discussions with the manufacturers, staff determined that
the EMA proposal raises numerous issues that make it
inconsistent with our objectives for this rulemaking.
First, this proposal would place new requirements
on fleets that were not in staff's original proposal.
Therefore, this would require abandoning this rulemaking
and starting a new process.
Second, in conversations with EMA, they
acknowledge that every vehicle segment has potential
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infrastructure challenges, range limitations, and other
issues that prevent 100 percent of sales being
zero-emission in the near term. The EMA proposal is not
practical for vehicles who have many applications. For
example, the same tractor is suitable for electrification
in short haul and drayage, but is not currently suitable
for electrification in long haul.
The proposal ignores suitable uses cases for the
same chassis if it is outside the specified segment,
making it difficult to increase sales beyond staff's
original proposal.
As a result of these issues, staff is not
incorporating the EMA proposal into the Advanced Clean
Trucks manufacturer requirement. Instead, staff will be
incorporation the concept of beachheads into the upcoming
Zero-Emission Fleet Rule.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Now, I will
describe how staff is proposing to increase the number of
zero-emission vehicles sold into California. Staff has
identified multiple areas to be more aggressive which
result in substantially zero-emission vehicles deployed.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: The truck
market is a diverse group of vehicles used in all sectors
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of California's economy. In brief, the Class 2b and 3
group consist of mainly heavy-duty pickups as well as
cargo and passenger vans.
Vehicles in the Class 4 through 8 group are
primarily sold as a chassis, then up-fitted with a body to
become a box truck, bus, dump truck, or other
configurations.
The Class 7 and 8 tractor group consists of
semi-trucks used in drayage, city delivery, regional
trucking, and long haul-applications.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: To start
off, we have proposed to increase the requirements in the
early years of the regulation in two ways. First, we move
all requirements forward a year without changing the start
date. Nearly every major manufacturer has made
commitments to launch zero-emission vehicles prior to the
regulation start date, so early compliance is anticipated.
In addition, major fleets, such as UPS, FedEx, and Amazon
have committed to purchasing thousands of zero-emission
trucks each.
Second, we have included pickups from the 2024
model year as requested by numerous commenters and Board
members during the December Board hearing.
At this point, there have been six different
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zero-emission pickups announced to launch in the next few
years, with some projected to be in the Class 2b and 3
space. Based on this, it no longer makes sense to delay
all pickups until the 2027 model year, seven years from
now.
Because of the current situation, we want to
highlight that these targets, while aggressive, are still
feasible despite the effects of COVID-19. While the
current situation presents some uncertainty, the
regulation doesn't begin until the 2024 model year, giving
manufacturers and fleets necessary time.
In addition, this rule is projected to live --
this rule is projected to deliver lower operating costs to
trucking fleets and health benefits to Californians.
Lastly, these vehicle deployments will create
green, high-quality jobs in infrastructure and
zero-emission manufacturing to stimulate the state's
economy.
delay.
These are reasons to move ahead and not to
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Next, we
have proposed to increase the requirements of on Class 7
and 8 tractors as shown in bold. These changes align with
the port's Clean Air Action Plan and the goals of 100
percent zero-emission drayage by 2035, as well as meeting
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the Board's direction to achieve additional benefits in
disadvantaged communities.
Tractor trailers or semi-trucks are the biggest
polluters and frequently operate in the ports and
warehouses that surround these communities. Increasing
requirements on tractors will give the most direct benefit
this -- to these historically overburdened communities.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: We have also
proposed increased requirements on the other vehicle
groups. For the Class 2b and 3 group, we propose to
increase the requirements to at least 30 percent of sales.
Zero-emission pickups are become -- are coming to market
sooner than staff anticipated. When combined with recent
announcements regarding zero-emission vans, this indicates
that higher requirements are more feasible than originally
proposed.
For the Class 4 through 8 group, instead of
ramping up the requirement steeply in the later years like
a hockey stick, we are proposing to increase the
requirements more steadily. The changes listed so far
roughly double the number of zero-emission vehicles
deployed by 2030.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: At the
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December Board hearing, one of the key messages we heard
is that our regulation needs to put us on a clear pathway
towards meeting our 2045 carbon neutrality goal. The last
step we have taken is to ensure that -- is to continue
ramping up the requirements past 2030 to 2035 in order to
give more long-term certainty.
Through these increased requirements, the
regulation achieves 15 percent of the fleet being
zero-emission by 2035. We also help ensure we meet the
2035 zero emission drayage target.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Staff has
make other modifications to the manufacturer zero-emission
sales requirement as listed here.
In some cases, these changes were to meet
requests for manufacturers for additional flexibility, in
other cases, to streamline language and clarify intent.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Staff's
proposal is expected to increase the number of
zero-emission vehicles deployed and result in greater NOx
and PM2.5 emission benefits as compared to last December's
proposal. The regulation is anticipated to generate
roughly seven tons of NOx reductions by 2031, becoming an
increasingly critical part of South Coast's 2031 ozone
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attainment target, and providing significantly greater
reductions over time.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Staff's
proposal is also anticipated to provide additional
greenhouse gas benefits compared to the December proposal.
Overall, the proposed regulation is
anticipated -- anticipated to result in roughly 18 million
metric tons of greenhouse gas reductions, only including
benefits above and beyond the Phase Two Greenhouse Gas
Program already adopted by the Board.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: In addition
to emission benefits, the proposed Advanced Clean Trucks
Regulation is anticipated to bring a suite of other
benefits to California. This includes nearly $6 billion
in economic savings. While zero-emission vehicles are
expected to higher upfront costs for the vehicles and
supporting infrastructure, savings from lower fuel costs,
decreased maintenance expenses, and LCFS revenue will
result in a net savings for fleets.
On top of the economic benefits, the regulation
is anticipated to provide almost $9 billion in health
savings for Californians. This comes from avoided
premature mortality, avoided emergency room visits, and
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other avoided health impacts.
The regulation is anticipated to bring green,
high-quality jobs to California. This will come from
zero-emission infrastructure installation, and
zero-emission manufacturing jobs within the state.
Lastly, the regulation will bring other
co-benefits as well, including reduced petroleum
dependence and energy usage.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Now, I'll
move on to the other component of the regulation, the
large entity reporting.
The Board and stakeholders have made clear that
adopting zero-emission fleet rules will be critical to the
success -- to the success of the overall zero-emission
market place. The one-time large entity reporting is
essential in ensuring that staff has sufficient
information to develop effective, equitable fleet rules
that maximize development -- deployment of zero-emission
vehicles where feasible.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: In response
to Board direction, staff has streamlined the reporting
while maintaining necessary information for the upcoming
fleet rule. Staff is eliminating questions for companies
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who do not -- who do not own trucks and facilities who do
not have vehicles. Staff will work to gather this
information through a voluntary survey with a contractor
rather than through the regulation. We have increased the
number of trucking fleets who would need to report, but
are reducing the fleet size cutoff from 50 trucks to a
hundred -- from 50 trucks or more to a hundred trucks or
more.
As you have seen, the requirements under the
manufacturer requirements have become more stringent. In
response, staff will need information about smaller fleets
as more fleets overall will need to electrify.
Lastly, staff has worked with industry to
streamline and clarify the questions being asked in the
survey. This includes providing examples and allowing
fleets flexibility using the data they already have.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: The
information about fleet's vehicles and how they are used
is the most critical for future fleet rules. To meet
Board direction, staff has made numerous modifications to
provide flexibility and guidance on how fleets should
report information about their fleets.
Staff has also simplified the reporting by
providing -- by removing questions about light-duty
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vehicles as this information is outside the scope of our
upcoming rulemaking.
In summary, staff has revised the reporting
requirement to remove a significant amount of the
reporting that created the most concern, clarified and
simplified the remaining reporting, and maintained only
those portions regarding the vehicles and how they are
used that is the most critical for developing future fleet
rules.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: A draft
environmental analysis was completed for the proposed
regulation that was released in October. Staff determined
that implementation of the proposed regulation may have
potentially significant indirect impacts to some resource
areas. However, these impacts are mainly due -- due to
short-term construction-related activities.
The Draft Environmental Analysis was released for
a 45-day comment period, which ended on December 9th,
2019. Staff prepared a final environmental analysis
that -- and written responses to all comments received on
the Draft Environmental Analysis and posted them on our
website earlier this month.
--o0o--
MSCD AIR RESOURCES ENGINEER ARNEJA: Staff
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recommends that the Board approve Resolution 20-19, which
does the following:
First, it approves written responses to the
environmental comments. Second the resolution certifies
the Final Environmental Analysis, and makes a recomm --
required CEQA findings and Statement of Overriding
Considerations. Third, the resolution approves the
proposed regulation and directs the Executive Officer to
submit the regulation to U.S. EPA for inclusion in the
California State Implementation Plan. Next, it directs
staff to make -- to take steps to ensure a full transition
to zero-emission vehicles by 2045 where feasible. In
addition, it directs staff to pursue earlier targets in
certain beachhead sectors, including drayage, last-mile
delivery, refuse trucks, private buses, utility and
government fleets.
Last, it directs staff to identify resources and
continue working with our sister agencies to support
infrastructure and workforce development.
Thank you. This concludes my presentation. We
will now have two speakers from our sister agencies and
northeast state partners. First, we have Tyson Eckerle
with GO-Biz and second Dr. Paul Miller with NESCAUM.
On to Tyson first. Thank you.
MR. ECKERLE: All right. Thank you. Can you
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hear me okay?
(Nodding heads.)
MR. ECKERLE: Great. Great.
Well, thank you very much Paul and Jack. That
was a great summary of the regulation. We're very excited
to be here and offer really strong support for everything
you're doing.
(Thereupon an overhead presentation was
Presented as follows.)
MR. ECKERLE: So as we're pulling up the -- my
presentation, I'll just give an introduction. My name is
Tyson Eckerle. I'm the Deputy Director for Zero-Emission
Vehicle Market Development at the Governor's Office of
Business and Economic Development, or what we
affectionately call GO-Biz. And we are here to offer
strong support for everything that CARB is doing. This
policy is not alone and there's a lot of wrap-around
support efforts. And so I just want to show that, you
know, the State agencies are aligned.
You can go to the next slide.
--o0o--
MR. ECKERLE: The key part is, you know, we know
that complementary actions are essential to make this
regulation successful. So there's all the great work that
CARB is doing in the regulatory environment and with the
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Low Carbon Fuel Standard, and also in the low-carbon
transportation funding. But we wanted to give a snapshot
of some of the key agencies. And this, of course, is an
incomplete list, you know, what we're working on.
So at GO-Biz, in particular, we're actively
developing what we're calling a ZEV market development
framework. And the idea there is to clearly delineate
roles and responsibilities both throughout all of our
State agencies, but also working with all the Stakeholders
and partners that are needed to make this market work and
really get to scale. And it's really about getting to
scale and making sure that we're at true zero by 2045.
A subcomponent of that is what we're
affectionately calling our big ZEV strategy. And that's
what we like to call the medium- and heavy-duty ZEVs. But
this really is, you know, kind of rolling up the shirt
sleeves, getting our hands dirty, getting deep into the
details of implementation, working closely with industry
and with stakeholders, with local governments to make sure
that we understand all the barriers and challenges that
are coming up that we can address those head on. And we
have a lot of good progress being made there.
And one of the subcomponents of that is, you
know, permitting, right? And so we've done two permit
guide books, you know, one for plug-in charging, one for
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hydrogen fueling. And we're increasingly focusing that
effort on medium- and heavy-duty in the streamlining
effort. So there's a lot of work to do there, but we're
making some really great progress. And then finally, you
know, for business development this is a huge economic
development opportunity. So GO-Biz, at its core, you
know, we're helping companies transition into this -- into
this market.
The Energy Commission, as you know, is a
tremendous partner as well. They have their funding with
the Clean Transportation Plan. They're increasingly
aligning that funding towards medium- and heavy-duty, and
there's, you know, great partnership and synergy with CARB
and CEC on the vehicles and infrastructure side.
CEC is doing a great job also with demand
forecasting and helping us understand, you know, what
future utility investments need to be made, so that we can
be ready for this, you know, rapid scale-up.
Their AB 2127 report is underway as way. And
that's really a deep dive into charging assessment and
what we need to go there. And we're also getting a good
handle on what -- what the opportunities are with
hydrogen, which is really exciting in the medium- and
heavy-duty sector as well.
The Public Utilities Commission and the utilities
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have a tremendously huge role to play, as far as bringing
power to these sites, you know, both for electricity and
for hydrogen. And so -- and these, you know, investments
and rate developments are well underway. Their
transportation electrification framework is aimed really
to help potentially speed things up to make it more simple
for utilities to propose projects. And so far, what's on
the table, there's enough investment to an estimated
support about 18,000 trucks and that's just at the start.
And then finally, you know, we pride ourselves on
really leading by example. So DGS, Department of General
Services, and Caltrans are committed to helping, you know,
with -- to green our fleets and bring zero-emission
vehicles not in just light-duty as we've had some good
success, but also medium- and heavy-duty.
And so, you know, it's no secret, you know, the
key mechanisms for success, you need vehicles, you need
fleets to deploy them. You know, so that's kind of at
least the regulatory framework that your -- the Advanced
Clean Trucks and also the Fleet Rule. And then there's a
lot of work to do on the infrastructure and transition
support.
We're also doing deep dive into funding and
financing, and especially as we try to get to scale
looking at how we bring in private financing to help, you
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know, amplify this rollout. And really, you know, we know
there are challenges ahead, but they're all solvable,
especially with close partnerships.
We can go to the next slide there.
--o0o--
MR. ECKERLE: And one of the key areas there is
that, you know, focusing on infrastructure readiness.
It's really the enabler that helps the market open up.
The -- you know, the ACT Rule I think is really an unsung
hero. I think Chair Nichols put it out there well. It
really helps strengthen the business case of what's
possible, you know, as far as investing in the
infrastructure to support that. We want to make sure that
we are going deep with the experts and leveraging lessons
learned as we go through. We're hoping, you know, through
close communication and through the market development
framework, we can make sure that lessons are learned once
and then translated into other fleets. And then, you
know, with active effort, of course, to reduce permit --
permit -- it's the soft costs associated with
developing this -- this market.
If you'd go to the next slide --
--o0o--
MR. ECKERLE: -- you know, we've talked a bit
about economics and workforce. And it truly is a big
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opportunity for California. We are -- we have head
site -- a head start in a lot of ways with our great, you
know, manufacturing, engineering, research and development
here in this state, but we do have to be intentional about
it, you know, to work to continue creating those jobs here
in California. And then especially reaching into the
traditionally underrepresented communities. I think
there's a very big opportunity to do so. And so this
regulation underscores the certainty that California
really is in that leading role.
And one thing to highlight I think is, you know,
a great compliment to CARB and the Energy Commission and
that joint solicitation on drayage, is, you know, one of
the -- it includes a focus on, you know, ZEV workforce
training and planning, which is, you know, really forward
looking. And so, you know, we -- working with all the
different labor agencies throughout the state, we are
being intentional in making sure that the benefits are
captured here, and especially in the communities that need
them most.
And then if you'd go to the last slide --
--o0o--
MR. ECKERLE: -- it's just my contact information
there. But, you know, really if you look at it, this
Advanced Clean Trucks Rule is foundational to the market.
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I think it's really the right policy at the right time.
And GO-Bis and all the State agencies are all in on
working with, you know, CARB, manufacturers, fleets, fuel
providers, utilities, local governments, air districts,
NGOs and investors to really make this market work.
So thank you for everything to the Air Resources
Board and everything you're doing to lead on this issue
and others. And with that, I can hand it over to our next
speaker from NESCAUM.
Thank you.
CHAIR NICHOLS: Thank you, Tyson for that
terrific presentation.
CHAIR NICHOLS: And here's Paul Miller. I see
him
MR. MILLER: I am here. Waiting for my slides to
pop up.
(Thereupon an overhead presentation was
presented as follows.)
MR. MILLER: I will introduce myself. I am Paul
Miller. I am the Executive Director of the Northeast
States for Coordinated Air Use Management, or NESCAUM,
based in Boston. And I want to thank you for the
opportunity to speak once again before the Board today, as
you make this important decision that will have
significant and far-reaching impacts for the northeast and
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beyond.
Next slide, please.
--o0o--
MR. MILLER: As background or a reminder NESCAUM
is the regional non-profit association of eight state air
quality agencies in the northeast as shown on the map. We
provide scientific and policy support to the air quality
and climate programs of our state members. We have a long
history of working with California and other states on
adopting and implementing California's low-emissions and
zero-emissions vehicle standards.
In fact, seven of our eight member states have
adopted California's Advanced Clean Cars Program in lieu
of federal standards. And a number of our states are in
court alongside California to protect these clean car
programs from federal efforts to obstruct climate and air
quality progress.
Thus, it should come as no surprise that NESCAUM
strongly supports the proposed Advanced Cleans Trucks
Regulation and the revisions proposed by staff. In
addition to myself, four NESCAUM member states will also
be providing public comments today in support of the ACT
Regulation.
Next slide, please.
--o0o--
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MR. MILLER: In the northeast, trans -- the
transportation sector is by far the largest contributor to
greenhouse gas emissions as shown in the circle on the
left, 42 percent. Of that amount, medium- and heavy-duty
vehicles are the second largest in the transportation
sector behind light-duty vehicles.
They're only about four percent of the vehicles
on the road in our region, but they make up almost a
quarter of total greenhouse gas emissions from this
sector, and therefore transportation electrification is a
key strategy in our region and across the world to meeting
our climate action goals and needs.
Next slide, please.
--o0o--
MR. MILLER: I want to point out that in addition
to climate needs, we also look at the ACT Regulation as an
air quality measure. And while air quality has improved
tremendously in our region since about 1990, starting
about 2010 progress in reducing smog has actually
flattened, and we actively seek new and greater
opportunities to reduce nitrogen oxide emissions to keep
precursor for ozone smog in our region.
And in 2017, as this slide shows, on-road diesel
is the second largest source of nitrogen oxide, or NOx,
emissions within the northeast corridor. And we believe
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electrifying trucks will help address our smog problem, as
well as provide other health benefits, including in
disadvantaged communities that are disproportionately
impacted by diesel exhaust.
Next slide, please.
--o0o--
MR. MILLER: Just quickly recent events. You may
have heard there's a pandemic going on. This is satellite
slides shown for two periods of time. On the right 2020,
March to June, on the left same period of time in 2019.
This is nitrogen dioxide, which is a component of nitrogen
oxide. It's short lived, so a good indicator of
emissions. And what it clearly shows is that NOx
emissions have decreased tremendously due to the pandemic
restrictions in our region. And we are not unique. This
is also true in Los Angeles and throughout the U.S. as
well as the rest of the world. So this is a stark picture
of how much NOx reductions have re -- have occurred simply
from the COVID shutdowns.
Next slide, please.
--o0o--
MR. MILLER: Real quick, a busy slide. But of
those NOx reductions, it's pretty apparent that a large
contributor to those reductions is the decrease in vehicle
traffic. This is from a traffic counter along the
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Interstate 95 corridor actually in Maryland, but somewhat
representative of the entire region.
On the left side vertical axis is total vehicle
counts. It goes up to about 200,000. On the right side
is actually just truck vehicle counts. These are trucks
over 50 feet. So on the -- starting on the left, the
upper line at least starting out, the blue line, that's
total vehicle traffic, and as the COVID restrictions began
taking place in Maryland and elsewhere, you see a dramatic
and rapid decrease in total vehicle count to about a
hundred thousand by the time you get to the beginning of
April.
So about a 50 percent reduction in total traffic
along this interstate corridor due to COVID. However, the
other line, which starts out at the lower line, and once
again be aware this is on the right axis, so in terms of
total numbers it's less than the left axis, these are the
big trucks over 50 feet. Starting out, you can see the
big weekend/weekday difference. But as you go into the
pandemic period, you see a much less drop during this
time. Than with total traffic counts. So the heavy-duty
vehicles kept rolling for the most part in our region.
And you see, as you go to the right, traffics are
now -- traffic counts are now creeping back up, they
haven't reached pre-pandemic levels yet, but they are
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coming back up. And I want to point your attention to the
right side of this chart, there's a vertical shaded bar
around the date of June 8th. It's actually June 9th.
And with that, I want to go to the next slide,
please.
--o0o--
MR. MILLER: On June 9th, we still had an ozone
problem. We were seeing exceedances, as shown in the
darker orange colors here of the federal ozone national
ambient air quality standard. So even essentially on this
particular day, which there's about a 25 percent, at this
time, decrease in total traffic. One might think of it as
a 25 percent zero-emission vehicle on-road fleet, we were
still seeing exceedances of the ozone standards in our
region.
And we are not unique in this regard. In fact, I
think we've been let off easy because the weather this
summer in the northeast has not been particularly
conducive so far to ozone formation. Yet, we still see it
despite the drop in traffic.
One of the unique problems we have in terms of
the science is the Long Island Sound area. That is a
stable marine layer in which only a little bit of
emissions from New York City and the entire corridor can
seep into. And that gets captured in a very low level
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stable marine layer, and a whole lot of chemistry goes on,
and generates a whole lot of ozone in a very small volume.
And then that hits the coastal Connecticut area and they
see the worst ozone levels in our region. However,
depending on the wind, that ozone can go all over the
place.
So what this shows to me is that even though,
under the Clean Air Act, we're not -- this region, New
York City, is not classified as an extreme nonattainment
area in terms of the law, in terms of the physics, and the
chemistry, it is quite extreme. It's a big challenge for
us to deal with, because of the chemistry and physics of
the Long Island Sound. So we look for measures like
California's ACT Rule to assist us in getting the deep
reductions we need in this dense urban reach.
And I also want to point out that while it hasn't
been conducive in our region for ozone. It has been, I
think, a bit more conducive for ozone in other parts of
the country, including Los Angeles, Phoenix, Los Vegas.
As you may know, and I assume you do, during the COVID
traffic decrease in April and May, the southwest had a
pretty long heat spell, and we saw more ozone exceedances
during that period this year, April and May, than you saw
last year.
And I believe, my hypothesis is that's because
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the weather was more conducive, even though you had
decreases in traffic emissions.
And this also demonstrates the role of climate,
and that climate and air pollution are inextricably
linked. One cannot consider one without thinking of the
other.
And in that regard, we need these measures not
just to address climate. We need these measures to
address our air quality problem, because we're juicing up
the climate that's juicing up our air pollution
generation.
And the next slide, please.
--o0o--
MR. MILLER: So, in conclusion, I want to remind
the Board that I actually appeared before you in person
back in December to announce a statement of intent, in
which California joined with a number of the northeast
states and other states across the country in a new
partnership to support the rapid development of the
medium- and heavy-duty ZEV market.
And NESCAUM continues to work with California,
our own states, and elsewhere in developing a memorandum
of understanding that will bring about a new multi-state
action plan that will layout the groundwork for achieving
our goals on medium- and heavy-duty zero-emission vehicles
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and layout market enabling actions that will help succeed
for all of us.
And so I look forward to California once again
participating in this coordinated effort with other
states. I think you'll be gratified that there are more
states interested in signing on now than at the time of
December. And so this is gaining great momentum that will
only take off from here, I'm sure.
So I want to thank you again for all the work
you're doing, the benefits you're brining to the
northeast, the country, the rest of the world.
And with that, I will conclude and I'm happy to
take any questions.
Thank you.
CHAIR NICHOLS: Thank you, Paul.
I think we'll probably straight to public
testimony. But I hope you'll be able to stay with us and
respond to any questions, if we need you going forward.
Thank you very much.
Okay. I think we will now hear from the public
then who've raised their hands to speak on this item and
I'll ask the clerk to call witnesses. I want to remind
everybody that although it has usually been our practice
to allot three minutes per speaker, we have the ability to
shorten that time and rather than impose it midway
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through, just looking at the sheer volume of people who've
asked to speak to us here, I think we should start from
the outset with a two-minute time limit. Hopefully,
everyone can compress their comments and feel free to
leave out any statements of appreciation for the staff,
and the Board, or any other nice things you might want to
say and get to the heart of your testimony, if that helps
you get your remarks into the two minutes.
So, Ryan, will you go ahead and start the
process.
BOARD CLERK SAKAZAKI: Yes. Thank you, Chair
Nichols. We currently have 130 people with their hands
raised. The first four are Katie Dykes, Christine Kirby,
Peg Hanna and Steve Flint.
So, Katie, I have activated your microphone, if
you'd like to unmute yourself and begin.
MS. DYKES: Great. Well, good afternoon. I hope
you can hear me okay. My name is Katie Dikes. I'm the
Commissioner of the Connecticut Department of Energy and
Environmental Protection. Thank you, Chair Nichols and
members of the Board for the opportunity to present
testimony today in support of the ACT Rule.
As you'll see from the number of states
represented, there's clearly national interest in the ACT
Rule. State leadership in decarbonizing the
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transportation sector is needed now more than ever, as the
federal government continues to pursue reckless policies
that are intent on rolling back state's rights,
environmental protections, and ignoring the public health
of our citizens, and the impacts of climate change.
CARB's effort is especially important for many
states and certainly for mine. The transportation sector
in Connecticut is responsible for approximately 70 percent
of smog-forming air pollution and 38 percent of greenhouse
gas emissions. Connecticut fails to meet the national
ambient air quality standards for ozone. And every day we
exceed these standards represents very real and tangible
adverse health impacts in my state and in the greater New
York, New Jersey, Connecticut metro area.
Given the contribution of the medium- and
heavy-duty vehicle sector to ozone precursor emissions in
Connecticut, we're obligated to review and seriously
consider adopting any measures that will reduce precursor
emissions and protect public health. And CARB's ACT Rule
holds even more importance today as many low income and
marginalized communities in Connecticut are located near
major trucking routes, ports, and other trucking hubs, and
are particularly vulnerable to the human -- the harmful
health impacts of air pollution from diesel trucks.
I was pleased to be able to sign on to the letter
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of intent this past December on Connecticut's behalf from
our agency to pursue a similar MOU for the medium- and
heavy-duty vehicle sector that we have pursued for
light-duty vehicles, and it has been such a success.
And Governor Lamont has endorsed Connecticut's
participation in this type of an MOU, a primary goal of
which would be pursuing the eradication of toxic diesel
emissions by 2050. So we're pleased to speak in support
of the ACT Rule as an important first step and appreciate
your leadership.
And thanks for the opportunity to speak today.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Christine Kirby. Christine, I have activated
your microphone, if you'd like to unmute yourself and
begin.
MS. KIRBY: Okay. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. KIRBY: Okay. Thank you. Good morning,
Chair Nichols and members of the Board, and greetings from
Massachusetts. I am Christine Kirby, an Assistant
Commissioner from the Massachusetts Department of
Environmental Protection. I appreciate the opportunity to
testify before you today in support of the Advanced Clean
Trucks Rule and our shared and continued efforts to
electrify the transportation sector.
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To put the importance of transportation
electrification in perspective, in January, the
Baker/Polito Administration released a draft formal
determination letter establishing a net zero greenhouse
gas emission limit as the new legal limit for 2050 in
Massachusetts. And then on Earth Day Energy and
Environment Secretary Kathleen Theoharides issued a final
determination that the limit in 2050 would be net zero.
Planning is fully underway through the roadmap to 2050 and
also to set the greenhouse gas emissions limit for 2030.
The zero-emission vehicle requirements in the
California regulations, which Massachusetts first adopted
in the early nineties has served as the underpinning of
our numerous electric vehicle programs. And now, we're
ready to make more progress on the medium- and heavy-duty
sector. We are prioritizing expenditure of VW settlement
funds on electrification projects, and this will continue
to be a priority in Massachusetts as we focus on COVID-19
recovery and the need to reduce pollution in areas of the
Commonwealth historically overburdened particularly in
communities of color.
In addition to advancing electric vehicle
charging stations, VW's spending in Massachusetts has been
prioritized for projects that electrify medium- and
heavy-duty vehicles and equipment, and we are giving prior
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to projects in environmental justice areas.
Some examples are electric transit buses, plug-in
waste collection trucks, electric school buses, electric
shuttle buses, and airport electrification projects. So
this funding has provided an initial resource. We all
know that we need additional resources to make sustained
progress. A key initiative in the northeast and
mid-Atlantic states is the Transportation Climate
Initiative, TCI. This is a multi-jurisdiction process --
BOARD CLERK SAKAZAKI: Sorry, Christine, your
time is up.
MS. KIRBY: Okay. So I will wrap it up. So for
TCI, we are continuing to make progress and this will give
us more resources to continue to invest in the sector. In
closing, we are fully in support of the ACT Rule and we
look forward to our continued collaboration to meet our
joint climate goals, air quality goals, and providing more
low carbon transportation options.
So thank you for the opportunity to testify
before you today.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Peg Hanna. I have unmuted
your microphone, if you'd like to unmute yourself and
begin.
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MS. HANNA: Thank you. Good morning, Madam Chair
and members of the Board. Thank you for allowing me to
provide New Jersey's perspective and express New Jersey's
wholehearted support for the rule that we're discussing
today. New Jersey absolutely recognizes the climate
crisis. In fact, earlier this year, we released a
comprehensive energy master plan, which ambitiously aims
to achieve 100 percent clean energy production and 100
hundred percent clean transportation by 2050.
That plan assumes a steep trajectory of
electrification of the medium- and heavy-duty sector. We
are starting at ground zero in New Jersey. Achieving the
energy master plan goals will require all the tools in our
toolbox and then some.
Once again, CARB's intensive research and data
gathering on a multitude of technology forcing
transportation programs, including the one we're
discussing today, are paving the way for states, such as
New Jersey, to be zero carbon.
CARB's proposed rule will drive industry and the
market creating a glide path and electrification roadmap
for the northeastern states. New Jersey has already made
investments in the medium- and heavy-duty space. To date,
we have disbursed $24 million from the Volkswagen
settlement for electric school buses, transit buses,
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garbage trucks, port and airport equipment. Thirty-seven
million more will be disbursed soon with priority given to
EJ communities.
Under our recently finalized RGGI strategic
funding plan, $60 million per year for the next three
years will be dedicated to achieving medium- and
heavy-duty electrification, again with priority given to
overburdened communities.
Work is also underway with our Economic
Development Authority, or Board of Public Utilities, and
other organizations to analyze the New Jersey specific
market segments, predict readiness to electrify, and
develop emission profiles from the different market
segment, so that we can prioritize our strategies moving
forward.
This data will enable us to leverage the $60
million in annual funding to achieve the greatest benefits
in terms of market development, job creation, and air
quality improvements. Progress will not come without
collaboration --
BOARD CLERK SAKAZAKI: Apologies. Your time is
up.
MS. HANNA: Okay. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Steve Flint. And after Steve
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will be Bill Van Amburg, Nate Baguio, and Dave -- Dawn
Fenton. I apologize in advance if I mispronounced
anyone's name. So, Steven, I will unmute your microphone,
if you'd like to begin your testimony.
MR. FLINT: Thank you. I'm Steve Flint. I'm the
Director of the Division of air Resources In New York
State's Department of Environmental Conservation. I want
to thank the Board for this opportunity to testify on
behalf of New York regarding the Advanced Clean Trucks
program reg.
New York and CARB have a long established
relationship working on mobile source emissions. I look
forward to continuing in this relationship moving forward
on medium- and heavy-duty electrification.
California's leadership in mobile sources is
critical to New York and many other states. Section 177
of the Clean Air Act specifically permits states to adopt
California's motor vehicle emission standards. New York
has a long history of adopting these standards. This is a
right that we embrace and fully expect to continue to
exercise.
We believe the technology-forcing elements of the
Advanced Clean Trucks Program Reg are crucial to the
long-term success of motor vehicle emissions reductions.
We urge the Board to continue this course by implementing
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the program.
New York has supported the development of medium-
and heavy-duty ZEV trucks and buses by providing
incentives through the Volkswagen settlement in New York
and statewide. Governor Cuomo has also committed to fully
electrify five of the state's largest municipal transit
systems by 2035. And the New York City Metropolitan
Transit Authority has committed to buy only electric buses
by 2029.
New York's Climate Leadership and Community
Protection Act requires reductions of 40 percent by --
from 1990 levels by 2030, and 85 percent by 2050. To
reach these goals, we must reduce emissions from all
sectors, including the medium- and heavy-duty vehicle
sector.
In our view, California's proposed regulations
provide the medium- and heavy-duty vehicle industry with
the flexibility necessary to bring compliant vehicles to
market. This will be accomplished through phase-ins,
credit banking and trading, and existing and emergency
emission control strategies expected to be widely
available within the next day -- decade.
In closing, I reiterate New York's support for
the Advanced Clean Trucks Program Regulation.
Thank you.
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BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Bill Van Amburg. Bill, I have activated your
microphone, if you'd like to unmute yourself and begin.
MR. VAN AMBURG: Great. Thank you. Can you hear
my, Ryan, okay?
BOARD CLERK SAKAZAKI: We can.
MR. VAN AMBURG: Thank you much.
Chair Nichols, members of the Board, attendees,
I'm Bill Van Amburg, Executive Vice President at CALSTART,
and the leader of all of our truck and off-road work.
Thank you for this opportunity.
At the start it's important to acknowledge that
among our 250 member companies, there are some divergent
opinions on this subject. However, we believe we must
push ourselves to achieve the State's goals and accelerate
industry growth.
So let me outline our core comments. First,
CALSTART supports the ACT Rule and we do believe that the
state's revised percentages, while aggressive, are
achievable. Second, with the right focus on those fleet
segments ready to move faster, we believe they can be
exceeded. We performed an internal analysis using a more
segmented approach, based on the beachhead, or first
success vehicle segments from the CARB through your
investment plan. We've concluded that higher overall
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percentages could be achieved, if these beachhead
application segments were really focused on.
As a result, we strongly support well created and
focused fleet rules. They are a critical component to
ensure the success of ACT, and we urge CARB to develop
these rules with all speed possible, based on these most
promising beachhead segments.
Third, we also recognize the need to secure
incentive funding to support successful implementation of
the rule. While we know this is out of CARB's control and
should not be deter setting the rule, we believe it is
very important that CARB's Board send a policy signal of
supporting incentives, and regulations, and infrastructure
investment together, as a way to build a ramp to the rule
and help maintain the pace of transformation.
We pledge to work hard with CARB, industry, the
Governor, and the Legislature to make sure these resources
are focused on achieving this clean air, climate, and
social equity outcome, and building good jobs, and are
growing our economy.
Lastly, our global commercial vehicle Drive to
Zero Program stakeholders are signaling worldwide interest
in the ACT Rule to be a model for other nations,
provinces, and states. We pledge to work with you and our
global partners towards making this alignment come true.
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Thank you for this opportunity to share our
support.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Nate Baguio. Sorry, if I mispronounced your
name. Nate, I have activated your microphone. If you'd
like to unmute yourself and begin.
MR. BAGUIO: Thank you -- thank you, Ryan.
Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. BAGUIO: Okay. Good morning, Chair Nichols
and Board members. My name is Nate Baguio. I'm with the
Lion Electric Company. Thank you for the opportunity to
provide comments on the proposed Advanced Clean Truck
Regulation this morning.
Lion is a leading manufacturer of zero-emission,
battery electric school buses, trucks, and shuttle buses.
We have more than 300 zero-emission vehicles on the road
currently across America and have been successfully
operating daily for the last three years. We are deeply
invested in California.
We have facilities in Sacramento and Los Angeles.
We've made a decision to bring R&D to California and we're
exploring opportunities to manufacture here in California
as well.
Lion Strongly supports CARB's recent changes to
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strengthen the proposed ACT Rule and supports adoption of
the proposal before the Board. The regulation will
accelerate the deployment of zero-emission trucks to help
eliminate harmful mobile pollutants throughout California
and help grow jobs and economic development in this state.
We would like to thank CARB for its work on
accelerating the deployment of zero-emission vehicles and
sustainable transportation.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Dawn Fenton. And after Dawn
will be Chris Peeples, Brian Kenny and Derrick Robinson.
So Dawn, I have activated your microphone, if you'd like
to unmute yourself and begin.
MS. FENTON: Yes. My name is Dawn Fenton, and I
am the Vice President of Government Relations and Public
Affairs for Volvo Group North America. The Volvo Group
supports the goals of CARB's Advanced Clean Truck
Regulation. We are confident in our ability to
manufacturer sufficient numbers of ZEV trucks, but we
doubt the market's readiness to absorb the volumes
proposed in this regulation.
On June 18th, Volvo Trucks issued a press release
on behalf of the Volvo LIGHTS Project partners, announcing
the first truck deployment and completion of the first
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charging infrastructure location. Although the initial
five Volvo VNR electric pilot trucks arrived in California
several months ago, our fleet partners have had to delay
deployment of the trucks into service due to multiple
charging infrastructure delays.
Since the Board's last consideration of the ACT
Regulation on December 12th, many of us have faced
devastating health and economic ramifications from the
COVID-19 pandemic. Globally, the Volvo Group halted
production for weeks, furloughed and laid off thousands of
employees, and significantly cut product development
budgets.
Likewise, the State of California has shifted
from having an expec -- an expected $26 billion budget
surplus to an estimated $54 billion deficit. Quarterly
carbon auction revenue has plummeted, which will likely
preclude sufficient HVIP funding to support early year ZEV
truck sales.
As a result, Volvo Group North America believes a
provision should be incorporated into the regulation to
ensure truck manufacturers are not deemed noncompliant for
not reaching vehicle sales totals beyond those which can
be achieved with the limited, disconnected public funding
for vehicles and infrastructure, as well as the long lead
times for the charging infrastructure installation.
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The Volvo LIGHTS Project has provided valuable
insight into how to build realistic project timelines and
cost estimates for charging infrastructure, and we ask
CARB and other State agencies to incorporate lessons from
all of its ZANZEFF funded projects into the regulation.
CARB has successfully steered California's Clean
Air --
BOARD CLERK SAKAZAKI: I'm sorry, Dawn, your time
is up.
MS. FENTON: -- agen -- last sentence -- agenda
for many decades and must continue to pave the way for an
ACT Rule that delivers real-world success, rather than
unrealistic aspirations in order to avoid inadvertent
detrimental impacts on California's environment and
economy, as well as the broader heavy-duty vehicle market.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Chris Peeples. Chris, have
unmute -- I have activated your microphone, if you'd like
to unmute yourself and begin.
MR. PEEPLES: Thank you. Chair Nichols, members
of the Board, My name is Chris Peeples. I am an elected
at-large member of the Board of Directors of the Alameda
Contra Costa Transit District. And I encourage you to
pass this rule and to stay the course.
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If you look at what you did in the transit bus
market, when we started our ZEV Program almost 20 years
ago, we had to go to Europe in order to buy a fuel cell
bus. What we proved, and SunLine Transit down in Southern
California proved, is that fuel cell buses work. And the
same thing was done with battery buses with San Joaquin
transit and Foothill Transit.
Your pressure to make sure that there was enough
of a market has put in the fact that now you can buy fuel
cell buses from two American manufacturers. You can buy
battery electric buses from a number of American
manufacturers. And what it proves is your pressure and
your attempts to advance the market make sure that the
market advances.
In 2009, I had to come before you and ask for an
extension, which you granted. But it is now fully
successful, and it's time to move that success into the
truck market.
So best of luck and pass the rule.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Ryan Kenny. Ryan, I've
unmuted activated your microphone, if you'd like to unmute
yourself and begin your testimony.
MR. KENNY: Great. Good morning, Madam Chair and
members of the Board. My name is Ryan Kenny with Clean
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Energy. We are coming to you today to request an addition
to the definition of near zero-emission vehicle to include
the currently certified low NOx 0.02 gram engine and the
corresponding change to the NZEV credit provisions, such
that near-term air quality benefits are incentivized in
this specific rulemaking.
There are too many uncertainties surrounding the
rule's implementation, such as cost, commercialization,
market acceptance, infrastructure to not include low-NOx
trucks in the near zero definition. Adding low-NOx trucks
will further reduce near-term emissions up until the
Omnibus Rule requires such advance -- advanced
technologies in the year 2027.
It should be made clear that the Omnibus Rule
does nothing to deploy the most stringent low-NOx trucks
prior to 2027. And that assumes staff adopts a 0.02 gram
NOx standard by that time.
We need to incentivize low-NOx trucks now and
send a strong market signal to customers that they will be
supported. This is vital to prevent fleet operators from
defaulting to dirtier diesel models impacting our chances
to achieve clean air.
Specifically, by including the most stringent
low-NOx trucks under the rule's near zero definition, such
actions will support a replacement of port and goods
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movement pre-2010 model truck years, when they are
required to leave the market in 2023 per the Truck and Bus
Rule.
CARB is charged with improving the air quality
and protecting public health. And yet, the exclusion of
low-NOx trucks will place more dirty diesel trucks on the
road well beyond 2027. We ask the Board, without this
change, how does this regulation achieve near-term air
quality and immediate public health benefits.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Derrick Robinson. And after
Derrick, we have Bill Magavern, Jed Mandel, and a phone
number ending in 528. So Derrick, I have activated your
microphone, if you'd like to unmute yourself and begin.
MR. ROBINSON: Thank you to Chair Nichols, Board
Members, and CARB for your leadership in developing this
strong Advanced Clean Truck Rule.
We in San Diego and at the Center on Policy
Initiatives support the rule before the Board today. It's
good for the environment, it's good for workers, and it's
good for communities. We need the strongest possible
fleet rule though to reach our climate goals and to
protect the health of poor communities and communities of
color in this state and in San Diego.
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The Board needs comprehensive data on contracting
to successfully development and implement a fleet rule.
That's why the reporting requirement you're voting on
today is so important. Independent contractors have a
very hard time purchasing and maintaining clean trucks.
Contractors make up a significant portion of the trucks
out of compliance with clean air regulations in
California, with 40 percent as of last year with the Truck
and Bus Rule.
Contractors make very little income and face high
financing costs, and are highly exploited by their
employers. Contractor exploitation drives up toxic air
pollution and cancer rates, especially in low-income
communities of color. From our leadership -- or from our
discussions with you, we know the Board staff and
leadership are taking this seriously, but we need you to
stay focused on contractors. That's why we hope you'll
make an intention with today's Board resolution to address
the problem of truck driver misclassification in the Fleet
Rule. Remember, this is important to labor, environmental
justice, and environmental advocates, as well as economic
justice and racial justice advocates as well. We are all
united on this.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you. Our next
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speaker is Bill Magavern. Bill, I've activated your
microphone, if you'd like to unmute yourself and begin.
MR. MAGAVERN: Yes. Good morning. This is Bill
Magavern with the Coalition for Clean Air in strong
support of the rule before you this morning, which we
think is hugely significant for California and we hope a
model for the rest of the country.
This rule will avoid 58,000 tons of NOx through
2040, and bring in almost $9 billion in health benefits,
and avoid 943 premature deaths. In addition, the cost
savings are estimated to be between six and 12 billion
dollars through 2040, depending on what assumptions you
use. So California really cannot afford to leave all
these savings on the table.
We know that smart standards will drive
innovation in the heavy-duty sector, as they have in the
light-duty vector. We particularly appreciate the
attention given in the rule to port trucks, because we've
seen that the major ports have really not done much to
aggressively bring in the cleaner trucks that we need in
our port communities, which are overwhelmingly
disadvantaged communities.
I agree with the comments just made by Derrick
Robinson about the importance of having strong labor
standards to prevent the exploitation of independent
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contractors in the truck driving sector. And since the
work is never done, I just want to point out that to
reduce emissions in trucking, we need to continue the
progress with the Zero-Emission Fleet Rules, with the low
NOx Omnibus Rulemaking, with getting to full
electrification on transport refrigeration units, and the
implementation of the Inspection and Maintenance Rule
mandated by last year's Senate Bill 210.
Thank you very much for the work that you're
doing today.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Jed Mandel. Jed, I've
activated your microphone, if you would like to unmute
yourself and begin.
MR. MANDEL: Can you hear me all right now?
BOARD CLERK SAKAZAKI: We can.
MR. MANDEL: Thank you.
This is -- I'm Jed Mandel, President of EMA. In
December, I testified that EMA members fully supported
developing a ZEV market in California. And that the
ZEV -- the staff's proposal was fundamentally flawed, and
that it only mandated the sales of ZEVs with no
requirement that anyone buy them without assuring the
necessary charging infrastructure or that the incentives
be in place.
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I also testified that there was a better
alternative, a targeted approach geared towards developing
beachheads
Today's proposal doubles down on the flawed naked
sales mandate approach. We urge the Board to adopt one of
two additional approaches that will help to assure the
successful development of a ZEV marketplace for commercial
vehicles.
Option 1, direct the staff to cutoff the first
two years of the sales mandate and begin it in 2026 with
the 2026 and beyond percentages. That will allow staff to
develop and implement the promised Fleet Rule, time to
develop the necessary charging infrastructure, time for
the State to recover from the current budget crisis, and
allocate funds for the needed incentives, and allow time
for manufacturers to recover from the COVID crisis, the
recession, and allow the continued investment in their ZEV
products.
Option 2 is simply to direct the staff to do what
they've promised, which is to fully link the ZEV sales
mandate with the ZEV purchase requirements. Without one
of the above solutions, commercial vehicle customers are
simply not going to buy ZEVs as expected, because they
cost more than traditionally fueled trucks, because
there's no charging infrastructure and developing one is
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very expensive, and there is inadequate incentive funding
available.
All of those factors are exacerbated by the
pandemic, the recession, the State's budget, and the
double simultaneous whammy imposed on manufacturers by the
upcoming Omnibus Low-NOx Rule.
We urge you to start the rule in 2026 or link the
sales mandate to a purchase requirement.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is a phone number ending in 528.
And after that, we have Ashley Remillard, Lucia Marquez,
and Timothy Blubaugh.
So phone number ending in 528, I've activated
your microphone. Please state your name for the record.
MS. ROSENBERGER: My name is Laura Rosenberger
from Fresnans Against Fracking. Zero-emission trucks are
important. Truck emissions kill thousands of people every
year. I've expect there will be more oil trucks due to
the new fracking. There will be thousands of trucks
carrying fracking waste and mud to dumps through
disadvantaged Kern County, plus some radioactive PM2.5 my
blow off and escape from them, adding to the health
impacts.
And I did not see any waiting near the electric
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vehicle chargers in North Fresno. There was always an
empty parking stall. So please support the Advanced Clean
Trucks Rule. And also about the buses, I measured that
natural gas buses have VOC emissions upon acceleration.
All right. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Ashley Remillard.
Ashley, I have activated your microphone.
CHAIR NICHOLS: Ryan, excuse me. May I just
interject for a moment here before you start the clock?
BOARD CLERK SAKAZAKI: Sure, Chair Nichols.
CHAIR NICHOLS: We have a large and I think still
growing list of people who want to speak, and I am
concerned. I don't want to shorten people's time, but
what I would like to do is to ask for everyone who intends
to speak or thinks they're going to speak, might speak to
raise their hands now, so we can let people see who all is
signed up. And, of course, there may be some people who
will drop out. That does happen over the course of a long
hearing like this. But I think we need to be fair to
everybody to ask that we cut short the list in about five
minutes or so and just put a bottom on it, so that anyone
who doesn't sign up before a quarter of 11:00 will be --
will be closed off. We'll just close off. We'll listen
to everybody, of course, but we'd like to shut off the
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sign-ups and ask everybody to raise their hand now, if
they intend to speak.
If you've already done that, you don't have to do
anything more. But if you're just hanging out and
thinking about it, but, you know, may jump in later,
please -- please do it now. Thank you.
BOARD CLERK SAKAZAKI: Thank you. If that's the
case, I will ask everyone who is currently -- who has
their hands currently raised, please do not lower and then
re-raise your hands, because then you will not be counted.
So please keep your hands up if you wish to speak on this
item.
So our speaker is Ashley. I think Ashley you are
unmuted, so go ahead and begin.
MS. REMILLARD: Wonderful. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. REMILLARD: Thank you. Good morning. My
name is Ashley Remillard, and I'm Vice President of Legal
at Agility Fuel Solutions. On behalf of Agility and other
stakeholders, we are requesting an addition to the
definition of near zero-emission vehicles, or NZEV, to
include the currently certified low-NOx 0.02 gram engine
and corresponding changes to the NZEV credit provisions,
such that near term air quality benefits are incentivized
in this rulemaking.
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By way of background, agility is the leading
global provider of highly engineered and cost effective
clean fuel solutions for medium- and heavy-duty commercial
vehicles.
While Agility's core business is natural gas, we
have a robust electric vehicle program. Accordingly,
Agility is uniquely situated to comment on the need to
include low-NOx trucks that meet a 0.02 gram standard
within the ACT Rule's definition of near zero.
While we are encouraged by the progress electric
and fuel cell vehicles are making in the medium- and
heavy-duty sectors, there is a real possibility that the
State's projections fall short. This risk should not be
borne by the disadvantaged communities that continue to
live with dirty air. Rather, it is incumbent on CARB to
offer an alternative namely including 0.02 gram low-NOx
trucks within the definition of near zero, so that they
too are poised to receive the credits that CARB proposes
under the ACT Rule.
Further, these engines could utilize RNG yielding
a carbon negative lifecycle emissions result. To put it
simply, CARB must include low-NOx engines that meet 0.02
NOx values within the definition of near zero to help
clean up California's trucking fleet in the near- to
mid-term. Without this change, how does this regulation
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achieve near-term air quality and immediately -- and
immediate public health benefits.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Lucia Marquez. Lucia, I activated your
microphone if you'd like to unmute yourself and begin.
MS. MARQUEZ: Good morning. My name is Lucia
Marquez, a policy advocate with CAUSE, the Central Coast
Alliance United for a Sustainable Economy.
We have worked alongside working-class immigrant
and community members in South Oxnard to fight against
environmental injustices in Ventura County. For decades,
South Oxnard residents have been separated from the coast
by heavy industry, including Ventura County's largest
power plant, and EPA Superfund sites, storage and
processing facilities for freight corridors for the Port
of Hueneme.
South Oxnard residents are now speaking out
against the proposed expansion plans for the Port of
Hueneme due to it being one of the county's largest
sources of air pollution from the cargo ships, cranes,
freight rail, and most importantly diesel trucks that move
goods from the harbor through the city.
Our community has been polluted for far too long.
CalEnviroScreen shows that South Oxnard is already in the
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87th percentile for diesel emissions. And with the Port
of Hueneme planning to expand its vehicle imports in the
coming years, we can only expect deadly emissions from
diesel trucks to dramatically increase.
We need to be working to improve the air quality
for the health of our community and taking urgent climate
action by moving towards a zero-emission future. For
decades, profit and relaxed regulations for polluting
industry have been chosen over the health of our
community.
Help us clean our air by voting yes on electric
trucks, but also to protect the health of black and brown
families who disproportionately suffer the most from truck
pollution.
I also want to highlight the importance of the
reporting requirement within the rule. Independent
contractors make up the large -- a large percentage of
trucks on the road, who make very little income and face
high financing costs and are highly exploited by their
employers. We need comprehensive data on contracting to
better support implementation of the rule. Addressing the
problem off misclassification of truck drivers needs to be
an essential part of this rule.
Thank you for your leadership in developing this
life saving regulation.
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Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Tim Sasseen. And following
Tim is Cynthia Pinto-Cabrerra, and Ray Pingle. Tim, I
have activated your microphone, if you'd like to unmute
yourself and begin.
Tim, are you there?
We will skip Tim. The next speaker is Cynthia
Pinto-Cabrerra --
MR. SASSEEN: Hello. Hello. Hello.
BOARD CLERK SAKAZAKI: Oh, hi. Okay. Yep, it is
your turn to speak, so please begin when you are ready.
MR. SASSEEN: Wonderful. Chair Nichols, Vice
Berg, members of the Board, thank you for this opportunity
to speak. I am Tim Sasseen with Ballad Power Systems, and
I have a personal story to share with you.
When I was 12, my dad was a truck driver, an
independent owner/operator. I clearly recall pouring over
the giant trucker's atlas in the passenger seat of his big
white cab-over rig, scanning the road ahead for low
clearances and weigh stations, and staring out at the vast
highways of the eastern U.S. as we cruised ten feet above
the roadway.
To this day, the smell of diesel exhaust brings
back fond memories of the open road and really everything
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about trucking. Diesel perfumed the whole experience.
The exhaust would soak into your clothes and cloud every
truck stop.
Even more potent was the acrid reek of the fuel
itself, which could last for days if it splashed out on
you, which it always seemed to do when we filled up the
giant bathtub-sized tanks on either side of dad's big rig.
Diesel fuel and its exhausted remains have been simply
inescapable in trucking, and truckers, perhaps more than
most, have been paying the price. Respiratory illness and
lung cancer are highly prevalent among truck drivers and
their danger rises with every year of service for these
workers.
And it's more than the polluted air they're
constantly surrounded by. Sitting on a rumbling engine
all day and shifting up and down 13 gears can give the
feeling of exhaustion at the end of a run, even though the
body and heart have not had the exercise they need.
Health is a critical among truckers. A recent
CDC study found seven in ten truckers suffer from obesity,
compounding medical issues from exhaust exposure. And
medical issues for truckers affect us all. The University
of Minnesota showed that severely obese truck drivers were
more likely to crash in their first two years on the job.
In the unprecedented global crisis we find
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ourselves in today, we have looked to truckers as our
heroes to bring us the goods we need to survive. Heroes
deserve better than this.
Electric drivetrains powered by hydrogen fuel
cells and batteries are glorious to drive, utterly silent,
completely odorless, vibration free, and practical
effortless to bring from standstill to highway speeds.
Zero-emission trucks are about so much more than averting
climate change, ending cancer corridors, and eliminating
smog, they're about bringing safety and integrity to a
profession that we all depend on and that is an integral
part of American culture.
I urge you today to approve the Advanced Clean
Truck Regulation and continue the bold and critical work
that CARB is doing and we are all so appreciative of.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Cynthia Pinto-Cabrerra. Cynthia I have
activated your microphone, if you'd like to unmute
yourself and begin.
MS. PINTO-CABRERRA: Thank you. Good morning,
Chair Nichols and members of the Board. Thank you for
this opportunity to comment on this item. I'm Cynthia
Pinto-Cabrerra, the Policy Assistant with the Central
Valley Air Quality Coalition, or CVAQ. CVAQ is
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collaborative of more than 70 environmental justice,
public health, civic engagement, and community-based
organizations advocating for clean air in the San Joaquin
Valley.
And I'm here today to -- in support of the
proposed ACT Rule as it stands. As you may know, the San
Joaquin Valley is one of the most San Joaquin Valley is
one of the most air polluted basins in the nation. And
exposure to particle pollution from trucks contributes to
extremely unhealthy levels of air pollution and results in
numerous health burdens for the people of the San Joaquin
Valley, especially those who are residents of
disproportionately impacted environmental justice
communities, and who lie in close proximity to
distribution centers and truck routes.
Diesel -- diesel engine exhaust is in -- is a
toxic air contaminant that has the ability to emit NOx and
PM2.5, and just heavy, heavy-duty diesel trucks that count
for 63 percent of all NOx emissions and 21 percent of
PM2.5 emissions for the on-road motor vehicles.
And this triple threat is just extremely
dangerous. So approving this will be an extreme benefit
to public health. And in addition to the improvements for
public health, adoption of this rule will also contribute
to meeting the federal PM2.5 standards. The trucks in the
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San Joaquin Valley are truly ripe for electrification with
frequent stops and charter routes that average around 65
miles. And this really, truly creates a perfect market,
and opportunity to make significant process -- progress
towards clean -- towards clean air goals.
So CARB has made various commitments to clean
air, and the people in the valley need -- really truly
need clean air now. So again, I'm here today to -- in
support of the ACT Rule.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
It is now 10:45, so everyone who wanted to speak
on this item should now have their hand raised. We
currently have 136 people signed up to speak. So with
that, we'll move on to our next speaker.
Our next speaker is Ray Pingle. I have unmuted
your microphone, and you can begin when you're ready.
MR. PINGLE: Good morning. Dear, Chair Nichols
and Board members, my name is Ray Pingle and I am with
Sierra Club California. We are pleased to support the ACT
Rule as recently improved. We would like to sincerely
thank the Board for requesting that the rule be
strengthened and staff for coming back with a thoughtful
and effective new plan.
This rule is a big step in the right direction.
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It is the catalyst needed to spark the broad availability
of zero-emission trucks across all types beginning in 2024
and to accelerate plans from OEMs, which are already
introducing new ZEV vehicles.
It will inspire similar action across the country
and make a national market, further lowering the costs of
these vehicles and increasing adoption in a positive
virtuous cycle. It will make these new modern and
efficient vehicles available to truck owners and operators
who are eager to acquire them and realize lower fuel and
maintenance costs, higher reliability, happier drivers,
lower emissions, and much a healthier and environmentally
just community.
And as our economy recovers from the Coronavirus
pandemics, it will promote future investments in the new
zero-emission direction, rather than squandering
investments in older polluting technology that could
result in stranded assets.
We urge you to approve this visionary and
groundbreaking initiative.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next three speakers are Paco Arago, Susan
Dembowski, and Lauren Navarro. So Paco, I have activated
your microphone, if you'd like to begin.
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MR. ARAGO: All right. Hello. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. ARAGO: All right. Good morning, Board
members. My name is Paco Arago and I am a union
electrician with the International Brotherhood of
Electrical Workers, Loca 11. I'm also the founder of the
Latin American Electrical Workers Association.
I want to talk to you about clean jobs and
environmental justice. Right now, there are less than 20
heavy-duty zero-emission trucks registered in the Ports of
Los Angeles and Long Beach drayage registry. The vast
majority of the 17,966 plus trucks are still diesel
engines. The short-haul drayage trucks routes between our
ports and the nearby distribution centers go through our
communities. We breathe this air. I live in Boyle
Heights, born and raised, so we have freeways surrounding
us, and we breathe all those emissions.
These companies claim that trucks and their
emissions are solely a business issue, because clean
trucks don't fit their duty cycle. To them I say, our
community's health can't come at the expense of cheap
television, cheap sneakers, and everything else made
abroad and delivered in a box with a yellow smile.
Support -- I support this. Thank you very much.
Motion item number 3. Thank you.
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BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Susan Dembowski. Susan, I have activated your
microphone, if you'd like to unmute yourself and begin.
MS. DEMBOWSKI: Good morning. My name is Susan
Dembowski. I'm with SoCal 350 Climate Action, a 7,500
plus member Los Angeles area organization focusing on
environmental issues. It's in coalition with other
Southern California 350.org groups, reaching from north
and east of Los Angeles to South Bay Los Angeles, Long
Beach, and inland to the Riverside area.
Since I moved to Pasadena, I've watched as an
increasing number of high-density residential buildings
have been constructed in town right next to the 210
Freeway. I started to notice that pattern throughout
other areas of Southern California.
I totally understand that the land near highways
tends to be cheaper, and that California urgently needs
more housing, especially in and close to urban areas.
However, I also know that studies show that living near
the heavy pollution of busy roadways increases the risk of
respiratory diseases and decreases cardiac health.
When I had previously lived in Long Beach, I'd
become familiar with how neighborhoods in West Long Beach
were adversely affected by exhaust from freight trucks and
adjacent Interstate 710 as they drove to and from the
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massive ports. These low-income communities of color
living in the area couldn't avoid inhaling the toxic
diesel, particulate matter emitted from the trucks'
tailpipes.
Long-term health studies have been conducted with
these West Long Beach residents, as well as with other
communities next to the trucking arteries leading to and
within the inland warehouse regions, diesel death zones.
Studies clearly document the serious harm, especially to
children that long term exposure to diesel truck exhaust
mixture of nitrogen dioxide and fine particulate matter
does to lung function and development.
These assaults can continue in adulthood leading
to permanently stunted lungs, heart disease, cancer, and
to shorten lives, and even more so now as Coronavirus
threatens everyone and disproportionately affects our most
marginalized communities.
I urge you not to delay. Jump start
zero-emission truck manufacturing and approve the revised
Advanced Clean Truck Rule.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Lauren Navarro. After
Lauren, we have Joshua Regalado, Mr. Homes, and Zach --
Zach Amittay.
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So Lauren, I have activated your microphone, if
you'd like to unmute yourself and begin.
MS. NAVARRO: Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. NAVARRO: I just want to align myself -- my
comments first with the gentleman who spoke just moments
ago about the local impacts of air pollution. I thought
those were very moving.
In terms of EDF -- I'm Lauren Navarro with
Environmental Defense Fund, and we are here in strong
support of this rule. We think it's really brilliant.
Medium- and heavy-duty trucks are a major source
of air pollution in California, as we've heard. We know
that this pollution is concentrated near shipping
facilities, warehouses, and freight routes, which tend to
be located in disadvantaged communities. And that's
something that we need to change. If adopted, the rule
will lead to a nearly 20 percent reduction in NOx
emissions in 2040 from Class 4 to 8 vehicles and
significant reductions in NOx emissions from other
vehicles classes.
It will also significantly reduce PM2.5 and GHGs,
and notably put us on the path towards achieving the
State's goal of net zero carbon emissions by 2045,
something I know is very important to the Board.
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Even more than that, the ACT Rule before you
today gives you, CARB, the ability to save our economy six
to 12 billion dollars by 2040. EDF has partnered with
Energy Innovations to run their publicly vetted Energy
Policy Simulator Tool and we've released a report called
Clean Trucks Big Bucks. This is available online.
This analysis verifies CARB's findings and
further finds that with realistic assumptions about the
speed of battery costs reductions, which we think are
actually more realistic than what CARB has assumed, this
rule could result in a nearly double the $6 billion in
cost savings identified in CARB's analysis, that makes $12
billion.
So with this research, it's beyond a doubt that
Californians will be better off with this rule in place.
And it's clear now more than ever, that we need to make
advancements that reduce harmful air pollution. This
policy benefits public health, the climate, and the
economy because going electric saves money and cleans the
air.
Business as usual --
BOARD CLERK SAKAZAKI: Thank you. Your time is
up.
MS. NAVARRO: -- which costs more cannot
continue.
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Thank you. Please adopt this rule today.
BOARD CLERK SAKAZAKI: Thank you.
The next speaker is Joshua Regalado. Joshua, I
have activated your microphone, if you'd like to unmute
yourself and begin.
MR. REGALADO: Good morning, members of the
Board. My name is Joshua Regalado and I live in Ontario,
California. I'm here in support of the Electric Trucks
Rule, because I care about the health of my community.
I appreciate the Board taking initiative by
creating this rule, but I know it needs to be stronger,
specifically for the heavy-duty Class 7 and 8 tractors.
We believe that we need to begin transitioning away from
diesel and gas trucks sooner than later and we urge the
Board to raise the sales requirements of the -- for the
heavy-duty trucks early and adopt the ACT.
Firstly, there are thousands of trucks that pass
behind our homes every day. We have major freeways,
railyards, and ports in our neighborhoods. According to
truck counts we have conducted in our communities that in
an hour up to 1,161 tracks pass through the 60 Freeway.
And speaking more on the 60 Freeway, my city of
Ontario near the 60 Freeway in an article literally
titled, People Living Near the 60 Freeway Breathe the
Worst in the South, and by the LA Times, readings done by
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the South Coast Air Quality Management district found that
the busy traffic corridor has the highest concentrations
of lung damaging soot in the region, surpassing federal
health limits in the readings near Mira Loma in Riverside
County.
The LA Times has found that the most concerning
pollutant being released are fine particles which are, in
fact, released by diesel engines. Fine particles are
particularly dangerous as health studies link chronic
exposure to fine particle particles to a thousand
premature deaths a year in California, primarily from
heart attacks and cardiovas -- cardiovascular disease,
sorry.
And on a more personal note, my family, both --
well, my grandmother has diabetes and one has lung cancer.
In both situations, pollutants in the air does affect both
their health detrimental.
So adopting -- so in conclusion voting to
strengthen the ACT Rule will only improve our air quality.
It will also be saving thousands of lives and will be a
step towards a greener future, whereupon future
generations can breathe much easier in the Southern
California region.
Thank you for your time and hashtag electric
trucks save lives.
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Thank you.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Mr. Holmes. If you are there, please -- I have
activated your microphone, and you can begin now.
MS. HOLMES: Hi. This is Laurie Holmes, Senior
Director of Environmental Policy at the Motor and
Equipment Manufacturers Association, or MEMA. We
represent more than 1,000 motor vehicle suppliers and we
are the largest sector of manufacturing jobs in the U.S.
MEMA supports regulatory certainty through
realistic heavy-duty ZEV targets. While the ACT targets
are helpful to encourage the heavy-duty ZEV market, MEMA
recommends, at a minimum, CARB maintain the original sales
percentage requirements for model years 2024 through 2030,
rather than revising them upward per the revision proposed
May 2020.
The current proposed ACT targets will most likely
need future downward adjustments. And since motor vehicle
suppliers take the leading role in extensive R&D for these
heavy-duty ZEV technologies, suppliers need stable targets
for the purpose of critical long-term investment planning
cycles.
Consequently, MEMA supports more realistic
targets to provide suppliers with greater regulatory
certainty for these investments.
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Stringent standards and heavy-duty NOx Omnibus
rulemaking are also critical for motor vehicle suppliers'
continued and strengthened heavy-duty ZEV technology
investments.
The associated revenue from increased sales of
emissions reduction technology for that NOx Omnibus
Rulemaking serve as the underpinning for supplier R&D
investment in heavy-duty electrification powertrain
solutions.
MEMA also supports flexibility and supports
CARB's proposal to extend NZEV credit for an additional
five years, and we encourage CARB to expand the compliance
pathway to include partial credits for conventional
heavy-duty hybrids. MEMA also supports regulatory
certainty through invest -- infrastructure investments and
greater investment in ZEV infrastructure designed
specifically for heavy-duty trucks. It's critical to
provide a clear, stable regulatory environment for these
technologies.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Zack Amittay. After Zack, we have Sherrie
Merrow, Kathy Taylor, and Yesenia Ponce.
I'd like to give a friendly reminder to everyone,
if you have your hand raised, please do not lower and then
reraise your hand, it will sort you to the bottom of the
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list after the cutoff date -- after the cutoff time of
10:45.
So, with that, Zach, I have activated your
microphone, if you'd like to unmute yourself and begin.
MR. AMITTAY: Chair Nichols, distinguished Board
members, thank you for the opportunity to provide comment.
My name is Zach Amittay, advocate with Environmental
Entrepreneurs, or E2. E2 is a national non-partisan
network of over 9,000 business founders, executives,
investors, and other private sector professionals who work
across all industries and sectors. E2's members have
collectively founded or funded more than 2,500 companies,
created more than 600,000 jobs, and collectively managed
more than a hundred billion dollars in venture and private
equity capital.
These highly accomplished business people come
together under the E2 banner to advocate for smart
policies that are good for the economy and the
environment. Netted by the shared understanding that
smart environmental standards are a bedrock for economic
prosperity.
I'm here to express E2's support of the proposed
advanced clean trucks rule. The ACT Rule is a prime
example of smart policy at the intersection of the economy
and the environment, and will drive reductions in GHG
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emissions and other harmful pollutants from California's
transportation sector and it holds enormous economic
promise for our clean energy economy and our state as a
whole.
Catalyzed by California's policy leadership, our
state is already home to a burgeoning clean train -- clean
truck manufacturing sector. By setting ambitious ZEV
truck standards for the years ahead, they actually will
propel continued innovation, investment, and job growth in
this nascent sector and the larger market ecosystem.
The ACT Rule will also help secure California's
position as a leading EV manufacturer and exporter, as ZEV
demand continues to grow outside our state with EVs
already one of California's most valuable exports.
With the ACT Rule forecast to generate thousands
of new jobs, hundreds of millions in added gross State
products, and billions in cost savings for the trucking
industry, all while reducing GHGs and other harmful
pollutants, the E2 business community strongly encourages
the Board to adopt this rule as proposed. We also endorse
complementary truck decarbonization efforts by the Board,
including the pending Clean Fleets Truck -- Clean Fleets
Rule and a resolution setting specific dates for a hundred
percent zero-emission truck fleets across all market
segments.
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In summary, E2 thanks the Board for its
consideration and it's continued leadership on climate
action and air pollution reduction especially in the age
of COVID-19.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Sherrie Merrow. Sherrie, I
have activated your microphone, you can unmute yourself
and begin.
Sherrie, are you there?
Okay. So our next speaker is Kathy Taylor.
Kathy, I have un -- activated your microphone.
You can unmute yourself and begin.
Kathy, are you there?
MS. MERROW: This is Sherrie. I'm sorry for the
delay.
BOARD CLERK SAKAZAKI: No worries. Go ahead.
MR. MERROW: Thank you. My name is Sherrie
Merrow. I am the Director of State Affairs for Natural
Gas Vehicles for America. NGV America is the national
trade association for the natural gas vehicle industry and
we appreciate the opportunity to comment on the proposed
ACT Rule.
This rule is incomplete without an addition to
the definition of near zero-emission vehicle, or NZEV, to
include the currently certified low NOx 0.02 gram engine
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and corresponding changes to the NZEV credit revisions,
such that near-term air quality benefits are incentivized
in this rulemaking.
Since tailpipe emissions in the California
transportation sector continue to increase, it is apparent
that all appropriate available measures be taken to
reverse this trend.
Near zero low-NOx engines utilizing renewable
natural gas are available today for every medium- and
Heavy-duty option and their increased deployment will
immediately reduce emissions. These vehicles are
potentially carbon neutral and even carbon negative,
depending on the RNG service, and they are most affordable
with a mature, established refueling infrastructure
already in place, meaning more vehicles on the road at
less cost.
We (inaudible) to the NZEV definition. How this
regulation achieve (inaudible) immediate public health
benefits. We (inaudible) if ever.
Other states spending less, using all appropriate
technologies available today have successfully reduced
tailpipe emissions immediately. (inaudible) new
technologies in the future.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. We will try
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Kathy Taylor again. Kathy, I have activated your
microphone, please unmute yourself and begin.
MS. TAYLOR: My name is Kathy Taylor. And I
serve as Manager of the Air Quality Program at Washington
State Department of Ecology.
I want to commend CARB for its efforts to
accelerate adoption in zero-emission vehicles, and in
particular, for recognizing both the potential that
reducing emissions from medium- and heavy-duty vehicles
holds and the need to work with fleet owners and
manufacturers to cut these emissions.
Earlier this year, Washington State Legislature
adopted a zero-emission vehicle program joining California
and ten other states that already have similar programs in
place. Adopting the ZEV standards represents a major step
forward for my State, where transportation is by far our
largest source of greenhouse gas emissions, accounting for
a full 45 percent of my state's total emissions.
The latest science shows that we're running out
of time to make changes necessary to avoid the worst
effects of climate change. Washington's legislature
recognized that threat, and along with the ZEV Program,
they adopted a much more stringent -- much more stringent
emission targets that call for Washington to eliminate 95
percent of greenhouse gas emissions by the middle of this
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century and find ways to offset the remaining emissions.
Building more efficient medium- and heavy-duty
vehicles is essential to Washington meeting its greenhouse
gas emission targets. Diesel trucks account for nearly 21
percent of transportation emissions in Washington.
Washington State is already putting its money
where its mouth is and has used tens of millions of
dollars from the Volkswagen diesel emissions settlement to
help local governments, transit agencies, and school
districts purchase electric transit buses and electric
school buses.
We have been overwhelmed by the interest in these
grant programs and by the enthusiasm that our local
partners have for pursuing zero-emission transportation
options.
And we're not alone, Seattle-based Amazon has
committed to putting a hundred thousand electric delivery
trucks on the road in coming years. And why wouldn't
they? These vehicles drive very predictable distances,
return to central bases that could easily add charging
infrastructure, and they spend much of their time in
stop-and-go traffic, where electric vehicles can maximize
their efficiency.
The State of Washington supports the steps that
you are considering today to advance electrification and
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zero-emission options for medium- and heavy-duty trucks.
They represent a tremendous opportunity for California and
our nation. By adopting these standards, California will
once again lead the way in driving our country to make
meaningful changes in the transportation system.
Thank you for your leadership in this issue and
for your time today.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Yesenia Ponce. And after
Yesenia, we have Yasmine Angelidis, Michael Munoz, and
Robert Graham.
So Yesenia, I have activated your microphone, and
you can begin now.
MS. PONCE: Good morning and greetings, Board
members. My name is Yesenia. I'm a CAUSE youth leader
from Oxnard and I support the ACT Rule.
The California Air Resources Board is moving
forward with its groundbreaking Electric Truck Rule
requiring manufacturers to build more electric trucks
starting in 2030. It's important to us, because during
this pandemic the ones being affected are those with
respiratory illnesses like our elderly and those with
asthma.
Our community is in the 80th percentile of diesel
emissions, which affects those with asthma. We ask that
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we help protect the health of all these people instead of
attacking it more and making it worse.
This is important for me, because my little
brother was born with asthma. And in order to decrease
it, he had to take medications. And this is not just one
person, but many people in our community that are going
through the same problem, either they're born with
respiratory illnesses or later diagnosed with it.
We ask for your help to help us protect the
health of many people. Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Yasmine. I have activated
your microphone, if you'd like to unmute yourself and
begin.
MS. ANGELIDIS: Hi. Thank you. Good morning,
Chair Nichols and members of the Board.
My name is Yasmine Angelidis. And today, I'm
speaking on behalf of the Los Angeles County Electric
Truck and Bus Coalition. Our Coalition is committed to
the urgent work of electrifying all medium- and heavy-duty
trucks in the L.A. region, and we support a strong
Advanced Clean Truck Regulation.
We urge you to adopt a rule that meats the clean
air, health, and community pollution goals of California
as soon as possible. Communities already battling air
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pollution now face the additional vulnerability of health
impacts from COVID-19. Now, is the time to set
zero-emission standards that will save lives, not the time
to delay.
On top of these health benefits, building
California's zero-emission transportation system is also a
pathway to the state's immediate economic recovery and
revitalization from the economic downturn. By focusing on
building up California's zero-emission's transportation,
we can train and employ disadvantaged workers for
family-sustaining jobs and increase our capacity to move
to fully electric fleets.
California has already shown that it can create
new, high-quality, family-sustaining jobs in the clean
energy economy. According to a report by the Los Angeles
County Economic Development Corporation, in 2018 alone,
California created more than 275,000 direct EV industry
jobs, including 119,000 in Southern California.
And these are high-quality jobs that on average
pay $80,000 a year in Southern California, which is 20,000
more in annual wages than other industries.
Now is the time to set zero emissions rules
throughout the transportation sector starting with the
sectors that have faced no slow down or negative capital
impacts in the virus. This includes warehousing and
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regional distribution, local delivery, and the food supply
chain. Immediate electrification progress in these
essential transportation sectors will support near-term
electrification of other goods movement sectors, as they
recover post-pandemic.
We appreciate CARB's commitment to protecting
public health and we ask the agency to move forward with a
strong regulation as soon as possible.
Thank you so much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Michael Munoz. Michael, I
have activated your microphone, you can unmute yourself
and begin.
MR. MUNOZ: Good morning. My name is Michael
Munoz. I'm the senior researcher for the Our People Our
Ports Campaign at the Los Angeles Alliance for a New
Economy. We've been fighting to protect the rights of
misclassified port truck drivers for over a decade.
Today, we'd like to address the Air Resources Board to
encourage you to approve the Advanced Clean Truck
Regulation as written.
The proposed language not only moves the state to
zero emissions as soon as possible, but the reporting
requirements also give CARB staff a deeper understanding
of the trucking industry. The language of the proposed
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rule rightly expands the scope of trucking companies,
which we -- which we'd be required to report to the ARB.
This will enable your staff to capture
information from motor carriers that misclassify their
drivers. Misclassification of truck drivers is endemic in
the port trucking industry. And as CARB knows,
misclassification unlawfully shifts truck operating costs
from motor carriers to individual drivers and has been an
impediment to reaching our emissions goals.
The reporting requirements would capture over 50
percent of all trucking companies which haul cargo into
and out of the San Pedro Bay ports. The Air Resources
Board -- excuse me. As the Air Resources Board moves to
develop the upcoming fleet -- fleet rules and incentives,
to move to clean trucks, we encourage ARB to include labor
stands in any funds they will be distributing.
Only by raising standards can we effectively
ensure that trucking companies that break the law, short
change State coffers, and stand as a roadblock to cleaner
emissions do not benefit from the millions of public
dollars meant to transform the trucking fleet to
zero-emissions trucks.
We also want to add that we support the
transition to zero-emissions as soon as possible. We
cannot wait until the economy recovers before we begin to
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address the pollution that is devastating our communities.
We have to be ready to push the industry to change its
polluting waste now, not years, or decades from now.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Robert Graham. After Robert
will be Carolina Correa, John McNamara, and John Shears.
Robert, I have activated your microphone, if
you'd like to unmute yourself and begin.
MR. GRAHAM: Thank you, Chair Nichols and Board
members, for this opportunity to speak briefly on behalf
of a newly formed coalition of over 20 electric
transportation champions with many years of experience the
strong plug-in hybrid vehicle coalition.
Please, also let me thank the CARB staff for open
and informative discussions during this period.
My own career includes EVs working EPRI, Southern
California Edison, and the Department of Energy. We are
supportive of the new staff proposal. However, we ask
that you read our letter on the 30-day changes to the ACT
Regulation on the topic of mid-range and long-range
plug-in hybrid trucks.
We also volunteer our experienced team to be
available as a technical and marketing research to CARB
staff. We are particularly supportive of the staff's
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changes to the ACT based on the comments from the December
Board hearing, where only the strongest PHEV trucks with
75 miles of all-electric range per charge can be eligible
past 2030.
However, we ask that this eligibility not end in
2035 as proposed by the staff, but continue to at least
2045. Our letter provides many reasons, but one of the
reasons is that many fleets will need to have a dual fuel
PHEV in a catastrophe such as an earthquake, wildfire, or
riot. And this rule will be influential around the world.
A strong PHEV can deliver two-thirds of the 90 percent of
annual miles electric, plus use advanced biofuels for the
remainder.
In addition, a strong PHEV can provide exportable
power.
Finally, a pathway with the EVs, fuel celled EVs,
and strong PHEVs will get us to our GHG goals much faster
than a pathway without them. That is why we believe
strong PHEVs complement and don't compete with
battery-electric vehicles nor fuel cell vehicles.
Thank you for your consideration.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Carolina. I have activated
your microphone, if you'd like to unmute yourself and
begin.
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MS. CORREA: Hello. My name is Carolina Correa.
I'm a resident of East Los Angeles. I'm calling on behalf
of Brightline Defense, an environmental justice
organization with a community led AB 617 air quality
monitoring program in Eastern San Francisco.
I'm calling today to express my support for the
ACT Regulation on behalf of my myself and Brightline
Defense. I live between the 710 and 5 Freeway in East Los
Angeles, both of which have a constant flow of trucks
driving to the coast and down to L.A. Trucks are a major
source of nitrogen oxides and are responsible for 25
percent of the transportation sector emissions despite
only being five percent of all the vehicles on the road,
according to a U.S. EPA report from 2017.
Given that the wind in Los Angeles blows east,
all of the air pollution from those trucks affects
primarily black and brown communities. This often leads
to a high percentage of people in my community suffering
from asthma, such as my brother. In a new world
constantly threatened by COVID-19, this highly
concentrated amount of air pollution has made the black
and brown communities in California more likely to be
immunocompromised, making the pandemic even more deadly.
It is of the utmost importance for the health and safety
of environmental communities that ACT passes.
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Finally, this Board should help the current
trucking industry transition into a better, cleaner
economy. As we heard from the presentation today, this
rule will create jobs and a new industry in California.
And with strong local hiring and training practices, we
can also create jobs for the communities that need it the
most.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is John McNamara. John, I have
unmuted your microphone, you can unmute yourself and
begin.
John McNamara, are you there?
CHAIR NICHOLS: Yes. Oh, sorry.
BOARD CLERK SAKAZAKI: Okay. So we'll so move on
to the next speaker John Shears.
MR. McNAMARA: Can you hear me all right?
BOARD CLERK SAKAZAKI: Yes, we can.
MR. McNAMARA: Okay. Great. Thank you. Good
morning, Chair Nichols and Board members. My name is John
McNamara, Vice President at CR&R. And as the operator of
the largest and most advanced organic waste anaerobic
digester in the state of California, located in the City
of Perris, Riverside County.
CR&R supports the goals of the ACT Rule to reduce
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air pollutants and greenhouse gas emissions, including the
use of ZEVs. CR&R also supports staff comments in
previous workshops we attended to use biomethane only in
the cases where ZEV technology is not a good fit.
And this because our AD facility produces
renewable natural gas, or RNG, from biomethane that's
derived from recycled organic waste that's otherwise
destined for landfilling, so it's diverted from
landfilling.
The RNG meets the State Rule 30, which allowed us
two years ago to connect to the gas supply line. And
we're the first private company in California to
accomplish that. We're really proud of that.
Our refuse truck fleet running on RNG currently
has a carbon intensity index of 0.34, it's basically zero
GHG as certified by CARB. And we're in the process right
now of cert -- re-certifying our RNG fuel as a -- as a
negative CI index. And that should be completed with CARB
approval later this year.
So recycling organic waste into biomethane use as
an RNG fuel is carbon neutral and even negative. It helps
CARB meet the goals of its Short-Lived Climate Pollutant
Reduction Strategy, and therefore we believe that a
strategy reducing GHG emissions by using in-state RNG fuel
in refuse collection vehicles, in our case, should be
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encouraged and approved by CARB. We provided CARB with a
detailed rationale justifying such a strategy in our
previous comments at the ACT workshops and we look forward
to discussing and working with CARB staff in the future.
Thank you for the opportunity to make these
comments and for the staff's hard work on the ACT rule
development.
This concludes my comments.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is John Shears. And after John,
we have Kristian Corby, Kathy Hoang, and a phone number
ending in 042. So, John, I have activated your
microphone, if you'd like to begin.
CHAIR NICHOLS: Ryan, before -- before the next
speaker begins, I'd like to interject for just a moment
here. The last speaker touched my emotions, because I
visited that facility and I'm a great fan of the work that
they've done. I just want to say that I think there is
either some confusion or potentially some attempts going
on to really alter the ACT Rule. And I just -- I feel
it's important for those who are listening in to this
proceeding to understand that ACT is only one of several
rules, which we're working on right now including, in
particular, the next one up, which is a low-NOx rule for
trucks, which will provide a clear set of incentives for
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the very low emissions, natural gas, and other liquid
fuels trucks that are out there.
This rule is intended to be a zero-emission rule,
and it is intended to go for the electric drive train,
which could be either batteries or fuel cells for that
matter, which would potentially use any one of these
cleaner fuels as its feedstock. But the idea that we
would sort of shift the rule and add to it a new
definition of near zero vehicles is really saying that we
should just dilute the number of EVs that we would be
calling for under this rule.
And, you know, the Board is going to have to
discuss this and take it up later. But I want to make
sure that people understand that this not -- it's not a
question of neglecting or failing to recognize the need to
clean up existing trucks or the reality that there will be
trucks out there using natural gas and other derivative
type fuels for a long time to come, but that's not what
this rule is about. This rule is intended to be a major
jump start to zero and where we -- where we all need to
go.
So I just want to put that out there for now to
make it -- make it crystal clear that it's a -- there are
other places and other times where we will be talking
about what we're -- what we're already doing. And there
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are many programs out there now that provide financial
incentives as well as regulatory incentives for these
other clean fuels. But that's not -- that's not what this
rule is about. So sorry for the interrupt and we'll go on
to the next speaker.
BOARD CLERK SAKAZAKI: Thank you, Madam Chair.
Our next speaker is John Shears. John, you can
unmute yourself now and begin your testimony.
MR. SHEARS: I was waiting for the unmute button
to show up on my screen.
Can you hear me okay?
BOARD CLERK SAKAZAKI: We can.
MR. SHEARS: All right. I've lost time on my
comments already. Thanks, Chair Nichols, for anticipating
some of my comments. This is John Shears with CEERT,
Center for Energy Efficiency and Renewable Technologies.
CEERT supports and urges the Board to adopt
staff's revised April ACT manufacturers rule with -- taken
together with the forthcoming ACT fleet rule and the HD
Omnibus Low-NOx trucks rules are all critically important
to further improve air quality and reduce climate
pollution, while also providing millions of dollars in
community health and economic benefits to the state.
While representing critically important steps,
these rules collectively will likely still not be enough
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to fill the shortfall in emissions reductions needed to
fully achieve SIP and climate goals. Much more will need
to be done including addressing infrastructure issues and
applying our collective thinking towards integrating
hydrogen and fuel cell/reversible electrolyzers into the
realm of grid support, VGI, and the use of excess
renewables in order to move towards 100 percent renewable
hydrogen.
Both expert analysis and past experience
indicates that lower diesel prices combined with a lack of
any significant regulatory push will mean that domestic
market growth for the advancement of zero-emission trucks
will be slower here than in Europe or Asia.
While there's been a lot of focus on the
near-term potential and advocacy by -- for battery
electric vehicles, will you please don't forget the option
of fuel cell -- fuel-cell powered vehicles, especially on
long-haul applications.
I note that natural gas trucks are more
appropriately addressed through the proposed Omnibus Low
NOx -- Omnibus Low-NOx rule just released by staff on
Tuesday. We ask the Board to please adopt the staff's
April 28th revised proposal of the ACT manufacturer's
rule.
Thank you very much.
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BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Kristian Corby. I have
activated your microphone, you can unmute yourself and
begin.
Kristian, are you there?
Okay. We'll move on to Kathy Hoang. Kathy, I
have activated your microphone, you can unmute yourself
and begin.
MS. HOANG: Good morning.
MR. CORBY: Oh, wait. Sorry. Sorry. Hold on.
Can you hear me?
BOARD CLERK SAKAZAKI: Yes.
MR. CORBY: Sorry. This is Kristian.
BOARD CLERK SAKAZAKI: Oh, okay.
MR. CORBY: Sorry, I had the unmute button
blocked. Excuse me.
Good afternoon, Chair Nichols and members of the
Board. My name is Kristian Corby. And I am the Deputy
Executive Director of the California Electric
Transportation Coalition, commonly known as CalETC.
CalETC strongly supports the goals of the ACT
Regulation, which is the rapid transition of the state's
medium- and heavy-duty trucks to zero-emission
technologies. However, CARB staff's proposed amendments
presented some real challenges for CalETC. We continue to
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believe a beachhead approach is more likely to achieve
these goals, given the segmented nature of the OEMs, the
fleets, and the truck market. To be clear, however, some
of CalETC's Board members do support the proposed
amendment as do some of our members. Some of our members
do not support the amendments.
But even with these differences, everyone at
CalETC wants the ACT Rule to succeed and we agree that a
key piece to the success is the development and adoption
of a fleet rule. We strongly recommend that the
resolution language for the ACT Rule include a direct tie
to the Fleet Rule. And we further recommend that the
language explicitly state that the ACT Rule will go into
effect no less than two years after the Fleet Rule is
adopted. This language will guarantee that the Fleet Rule
will be in place and provide necessary support for the ACT
Rule.
We also recommend that the resolution language
include a date certain next year for when CARB staff can
present an update on the development of the fleet rule,
the progress of the ACT Rule, and any amendments
necessary.
We again ask for your support in creating an
effective public-private partnership to address the
infrastructure challenges. Public incentives for both
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vehicles and infrastructure will be essential.
Additionally, CalETC recommends that the CARB
Board include an optional compliance pathway for Section
177 states by adding a mechanism such as a credit pooling
provision for the ACT Rule that will allow OEMs to pull
credits within the east and west regions. We greatly
appreciate --
BOARD CLERK SAKAZAKI: Thank you. Your --
MR. CORBY: -- your time and consideration of our
comments. Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Kathy, you can unmute yourself and begin.
MS. HOANG: Okay. Thank you. Good morning,
Madam Chair, Board members, and staff. My name is Kathy
Hoang with the Partnership for Working Families. We're a
network of 20 organizations nationwide with seven regions
in California representing two-thirds of the State.
We want to thank you for your leadership in
developing a strong Advanced Clean Truck Rule. Overall,
we strongly support the rule before the Board today, which
represents a bold step forward for the environment,
workers, and our communities.
I want to underscore -- underscore that the
strong reporting requirement in the ACT Rule positions us
for an effective Fleet Rule. Comprehensive data on
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contracting to successfully develop and implement the
Fleet Rule is necessary. And we know that companies that
rely on contractors especially misclassified drivers are
poorly positioned to adopt clean truck rules.
Many of these misclassified drivers earn under
the State minimum wage per hour. Net incomes averaging
between 28 and 35 thousand a year. And in addition, they
face high financing costs and are highly exploited by
their employers. So from our discussions with you, we
know that you recognize this need and we urge you to stay
focused on the problem of misclassified drivers and
illegal contracting industry. And so we hope that you'll
include language in today's Board resolution to address
this problem, as we move forward to implement the Fleet
Rule.
Lastly, I'd like to urge CARB to listen to our
environmental justice communities and do as much as you
can to increase the sales for the Class 7 and 8 tractors,
which we know have a disproportionate impact on these
predominantly low-income communities of color living in
trucking corridors.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is a phone number ending in 042.
After that, we have Vazken Kassakhian -- sorry if I
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mispronounced that -- Christina -- Christina
Austria-Loyoza and Nidia Bellow.
So first, let's go to the phone number ending in
042. Please state your name for the record, and you can
begin.
Hello, are you there?
Okay. We'll move on to the next speaker.
Vazken, I have unmuted your microphone, if you'd like to
unmute yourself and begin.
MR. KASSAKHIAN: Hi. Can you hear me okay?
Can you hear me okay?
BOARD CLERK SAKAZAKI: Yes, we can.
MR. KASSAKHIAN: Okay. Great. Hi. My name is
Vazken Kassakhian with Southern California Edison.
Southern California Edison would like to voice
our support for the Advanced Clean Truck Rule. We know
that there's a lot of important pieces that will need to
be put in place to ensure the rule's success. Utilities
will surely need to plan ahead. And that planning is
underway.
A preliminary assessment of estimated grid
impacts and constraints from significant levels of
medium-, heavy-duty electric vehicle load two to three
times higher adoption than expected in the ACT Rule
including the recently revised higher targets shows that
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the grid impacts and incremental work in Southern
California Edison's service territory is within the scope
of the utility's ability to manage.
There is more work to be done to be sure and
Challenges remain. We view these challenges as a
collective call to action. We stand ready to do our part
to help facilitate the transformation of the
transportation sector across medium- and heavy-duty
segments.
The ACT Rule supports California's critical goals
of confronting climate change and improving air quality.
Transitioning substantial portions of goods movement to
zero emissions is especially important in our region,
where pollution disproportionately impacts communities
near heavily trafficked truck and freight corridors.
We stand ready to support our customers, our
communities, and stand ready to help support the rule and
ensure its success.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Christina. I have activated
your microphone, you can unmute yourself and begin.
MS. AUSTRIA-LOZOYA: Hi. Good morning, Chair and
fellow Board members. My name is Christine
Austria-Lozoya. I am in support of Item 3. I am an
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electrician with IBEW Local 11. The ACT Rule needs to
continue to focus on zero-emission transportation and
continue to create the market for zero-emission
transportation.
Near zero-emission trucks do not have the same
climate and health benefits as zero-emission. There's
sufficient time for a transition to zero-emission. This
rule strikes a balance between the need to clean up the
air and the need to provide incentives so the business
community, including manufacturers, can adapt timely.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Why don't we go ahead and try phone number 042
again. I have unmuted you, if you are there.
Okay. Unfortunately, we can't hear you, so we'll
move on to Nidia Bello. Nidia, I have activated your
microphone.
MS. BELLO: Okay. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. BELLO: Thank you. So hello, everyone. My
name is Nidia. I'm a community organizer with CAUSE,
Central Coast Alliance United for a Sustainable Economy in
Oxnard, California. So first of all, thank you for moving
forward with this groundbreaking electric truck rule
requiring manufacturers to build more electric trucks.
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Oxnard has been heavily impacted by environmental
racism for many years. Just a few years ago, we advocated
and organized to stop the construction of yet another
power plant. Oxnard has been treated as a dumping ground
for these toxic industries. Our city is also home to
routes of trucks that transport from the Port of Hueneme.
And for years, we've -- I've seen trucks not only in
(inaudible) constantly coming in and out. Many trucks
blowing toxic fumes that make our heads hurt, and make it
hard to breathe. And noting that these are both
communities that are majority working class people of
color.
This ruling is important to us, because our
communities need relief from pollution. Our communities
are being impacted by COVID-19, housing crisis, xenophobic
immigration policies, and limited access to health care.
This ruling is something positive that we can do
for your communities. And if trucks are going to continue
going through our communities, they need to be trucks that
won't pollute our communities any longer.
So we ask that you vote yes on this ruling.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next -- oop, our nex three speakers is phone
number ending in 600, then David Flores, and then Nico
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Bouwkamp.
So phone number ending 600, I have activated your
microphone. Please state your name for the record and you
can begin.
MS. LYNCH: Thank you. This is Kathy Lynch and I
represent the California Waste Haulers Council. We
provide comprehensive waste and recycling services in
Central and Southern California. We would like to provide
some practical considerations as you deliberate regulation
today. Our industry has been working in low income and AB
617 communities with our local governments and air
districts to implement numerous regulations, such as the
75 percent source reduction, recycling, and composing
goal, and the mandatory commercial recycling law requiring
organics diversion.
As a rate-regulated industry, we recently
completed 20 franchise agreements in some of those
communities. And there was a rate increase of $0.69 per
month per residential customer and considerable outcry and
concerns raised. Every time we have these negotiations,
Prop 218 is raised by all the parties and must be
evaluated.
Next up for our industry is SB 1383 the
Short-Lived Climate Pollutant Law. And we know from
CalRecycle studies with that they anticipate a $5 a month
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increase for that measure which starts in 2022. We have
been surveying our fleets and preliminary numbers for the
cost of these vehicles will add another $15 to the rent --
residential monthly bill.
This needs to be discussed and evaluated in each
community. Our industry is not an off-the-shelf
correction, but requires customized trucks through our
many operational performance issues we would hope to
discuss with you. And it's quite likely with the
increased weight of the battery, we will lose considerable
payload --
BOARD CLERK SAKAZAKI: About 30 seconds left.
MS. LYNCH: -- that will increase our VMT and
increase the need for more routes and trucks. We often
are lumped with buses due to duty cycle characteristics,
but there is an important difference. Bus ridership is
subsidized and we are funded by unsubsidized rates.
In closing, we do not oppose this regulation, but
we would respectfully request consideration of a separate
pathway for the waste industry as you did successfully in
2008 with the original CARB Solid Waste Collection Vehicle
Regulation, so we can work through the industry's unique
issues and continue on our environmental pathway.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
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Our next speaker is David Flores. David, I have
activated your microphone. You can go ahead and begin.
MR. FLORES: Good morning. David Flores of
Environmental Health Coalition. EHC works in communities
that rank high on CalEnviroScreen and suffer health and
safety impacts from truck traffic. EHC supports this rule
in its current form and we urge adoption.
In addition to the AB 617 portside communities of
Barrio Logan, and West National City, the San Diego region
also includes the border area. Aclima air sampling in
2019 found black carbon levels at the high end correspond
to a cancer risk level of over 2,000 per million in the
Otay Mesa area.
More recently, Aclima week-to-week average values
during COVID-19 from March 20th to April 24th present
reductions in black carbon in the first five weeks.
However, levels increased the last two weeks back to
pre-COVID levels.
This corresponds with our information about
diesel sources. Our cargo volumes were down only a little
or even up in the case of some imports. The shipyards
have continued to operate. Cross-border commercial
traffic is also considered essential. SANDAG's statistics
for truck crossings through the state's three commercial
ports of entry broke a new record last year, processing
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more than 1.4 million northbound trucks with 800,000 of
those in Otay Mesa port of entry.
This does not account for the two to five hours
of idling these trucks spend queued up waiting to cross.
We're already doing everything we can locally. Working
with the City of San Diego to establish and enforce truck
routes with the Port of San Diego to educate truck drivers
on routes, with the San Diego Air Pollution Control
District through AB 617 to incentivize cleaner trucks, and
pursuing an effort of three decades to reform the land-use
plans to better separate industrial from residential land
uses.
However, local efforts cannot compel a faster
industry-wide shift to electric trucks. CARB should not
invest in polluting natural gas. And these should not be
considered under the ACT and related rules. EHC supports
this rule in its current form and we urge adoption.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Nico. I have activated your
microphone and you can begin when you're ready.
MR. BOUWKAMP: Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. BOUWKAMP: Thank you. Good morning, Madam
Chair, Madam Vice Chair, members of the Board. Thank you
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for this opportunity to provide public comment on the
proposed Advanced Clean Trucks Rule. I am Nico Bouwkamp,
Technical Program Manager of the California Fuel Cell
Partnership. And I am the staff lead for the Heavy-Duty
Fuel Cell Electric Truck Industry Member Task Force.
We now you as the Board, together with staff,
have the intent to include both types of zero-mission
electrics truck technologies, that is battery electric and
fuel cell electric. However, during the process leading
to today's proposed rule, it appears there's a need for
more balance.
For example, the hydrogen fuel cell electric
truck option appears to be considered as a marginal
contributor in the impact calculations. Considering the
revised application timeline of the ACT Regulation, now
it's 2035 and beyond, the ongoing discussion about the
implementation of the ACT Rule and development of the ACT
Fleet Rule offer an opportunity to balance the approach.
Moving forward, one item that needs to receive
significant attention, that's mentioned during the staff
presentation and by GO-Biz, is the fueling infrastructure
for the zero-emission trucks and vision by the ACT Rule,
because this is the component that facilitates the
successful operation of these trucks and the success of
the ACT Rule.
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Such increased attention will also benefit the
roll-out and cost of fuel cell -- of fuel for light-duty
ZEVs, because it incentivizes investment in renewable fuel
production capacity, both for hydrogen and electricity.
This could be part of the ACT Fleet Rule or this could be
a parallel initiative resembling what was done for
light-duty ZEVs through the Low Carbon Fuel Standard.
Additionally, CARB should assess how truck
manufacturers and fleet operators could be incentivized to
push for longer range vehicles through the credit system
for trucks, because this aligns with the needs of the
truck fleet operators, the longer range vehicles with
maximum payload capacity.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next three speakers are Tommy Faavae, Tim
Carmichael and Luis Montez.
Tommy, I have activated your microphone. You can
unmute yourself and begin.
MR. FAAVAE: Good morning. Can you hear me?
BOARD CLERK SAKAZAKI: A little quiet.
MR. FAAVAE: Good morning. My name is Tommy
Faavae. And I am a member of IBEW Local 11, Electrical
Workers.
The ACT rule is critical to advance large-scale
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electrification in the medium- and heavy-duty sectors.
This rule will begin the process of communicating to
manufacturers that California is creating a marketplace
for these electric trucks. As electricians, we are
excited about the good job creation that will follow with
charging infrastructure installation. We are the
electricians who did the Volvo LIGHTS project phase 1,
Penske leasing chargers, and all of the City of L.A.
police, fire, and municipal -- municipality fleets.
We need electrification for our health and for
the good jobs it will create. We have also done Southern
California Edison territory, the first allotment of EV
work. And we look forward to working closely with the
staff. When it comes to infrastructure and workforce
development, we need labor at the table. And we're
locked, and loaded, and ready to start this
electrification work.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Tim Carmichael. Tim, I have
activated your microphone. You can unmute yourself and
begin.
MR. CARMICHAEL: Good morning, members of the
Board. Tim Carmichael with Southern California Gas
Company here and requesting a amendment to the proposed
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rule that staff has bought to you.
Ryan Kenny and Ashley Remillard already spoke to
the details, but we are asking for a inclusion of the low
NOx 0.02 gram engines as part of the near-zero definition.
To the Chair's comments a moment ago, you know,
the staff -- ARB staff is bringing a new definition for
near zero, which is in conflict with the widely used use
of that phrase over the last at least five years, where it
has included the low NOx 0.02 gram engine. But the
definition as part of this proposal is excluding that, and
it's not just in this rule.
We're looking at the breadth of efforts by the
Air Resources Board. Look at the ACT, look at the Mobile
Source Strategy for 2020, look at the Omnibus Rule, look
at your incentive funding in HVIP, in every case, you are
devaluing the potential contribution of 0.02 gram low-NOx
engines running on renewable natural gas, even though it
is your most cost-effective strategy available today to
address the very serious challenge of heavy-duty trucks.
And as the air districts have testified before you
numerous times, it's not possible for them to get to the
air quality goals without dramatic changeover in the
diesel truck fleet. And the near-zero engines, whether
they're running on renewable natural gas or renewable
diesel are key to that. And that's what we're pushing for
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and that's why this definition matters so much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Luis Montez followed by John
Clements, Mayra Munguia, and Sarah Sachs.
So Luis -- uh-oh. So, Luis, I'm getting an error
that you are using an older version of Zoom and I cannot
activate your microphone. So we have a call-in number on
screen here with the access code. If you can just put
that into your phone and call in, we'll get to you a
little bit later.
So next speaker after Luis is John Clements.
John, I have activated your microphone. You can unmute
yourself and begin.
John, are you there?
MR. CLEMENTS: There we go. There's the unmute.
Thank you, Ryan. Good morning, Chair Nichols and members
of the Board. My name is John Clements. I'm with
Hummingbird EV. Thank for the opportunity to express our
support for the proposed Advanced Clean Truck Rule.
Hummingbird EV is headquartered in Livermore and
we are an engineering and manufacturing firm of electric
vehicle powertrains. We specialize in medium- and
heavy-duty powertrains and provide innovative
well-to-wheel solutions and unique fast charging EVSEs
that are onboard chargers, also vehicle-to-vehicle and
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vehicle-to-grid technologies for both on- and off-road
emissions heavy-duty vehicles.
We appreciate the Board's continued effort to
advance commercialization and adoption of zero-emission
technology. We support the ACT and urge approval of this
regulation, knowing that it's going to further transform
California's transportation system to zero emissions and
help achieve the State's air pollution and climate goals.
These aggressive, but achievable, targets are
critical to improving our air quality in some of the
state's most adversely affected and disadvantaged
communities, such as the San Joaquin Valley where I spent
most of my life. And these are often the only means of
reliable transportation, both for agriculture and freight
movement by truck.
So ACT is critical. Thank you for both your
local, State, national, and world leadership. And I
appreciate this opportunity. Have a great day. Bye now.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Mayra. I have activated your microphone. You
can unmute yourself and begin.
MS. MUNGUIA: Hello. My name is Mayra and I'm a
CAUSE Youth Leader and live in Oxnard.
The decision to build more electric trucks is
significant to us, because it's safer for our environment.
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Pollution, especially here in Oxnard, is present and very
is dangerous to the people who live here. Ruling in the
electric trucks will cause less health problems because of
the lesser percentage of popu -- pollution and will
benefit the people of Oxnard by providing cleaner air.
In South Oxnard, we already have power plants and
active truck routes that contribute to air pollution and
harm the health of others, so introducing electric trucks
will be a step closer to improving everyone's health.
In the future, community members will be less at
risk for the dangers of air pollution that target
children, the elderly, and those who have respiratory
problems. While I personally don't have any respiratory
problems or conditions with regards to any respiratory
issues, I do have family and friends that do, and are at
greater risk of becoming more sick due to pollution.
By reducing the air pollution in Oxnard, we will
be able to have significant benefit to all those that
live, especially for those with respiratory problems or
those who are at risk of them.
Community members like me ar advocating for more
regulations that require less air pollution and would like
to have more regulation on having cleaner air.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
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Let me try Luis again. So, Luis, if you're still
on the Zoom, our call-in number and access code is on the
screen and put -- please dial star nine to raise your
hand, and I'll be able to see phone number pop at the
bottom there. So we'll move on to Sarah Sachs. And after
Sarah, we have Andy Schwartz, Ruben Aronin, and William
Zobel.
So Sarah, I have activated your microphone. You
can unmute yourself and begin.
MS. SACHS: Hi. Good morning. Can everyone hear
me?
BOARD CLERK SAKAZAKI: We can.
MS. SACHS: All right. Thank you. Good morning,
Chair Nichols and members of the Board. My name is Sarah
Sachs and I work with Ceres. We run the BICEP, Business
for Innovative Climate and Energy Policy network, a
coalition of 58 major businesses, many of whom have
substantial operations or are headquartered in California.
We coordinate the Ceres Investor Network which
includes 175 members with collectively nearly $30 trillion
in assets under management. Ceres also runs the Corporate
Electric Vehicle Alliance, a collaboration of 18
companies, including Amazon, DHL, Genentech, and more
looking to electrify their fleets.
I urge the Board to adopt the proposed Advanced
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Clean Truck Rule. Today we submitted two support letters
from 19 investors, nine companies, and 180 California
hospitals. These companies, investors, and hospitals see
reducing GHGs and costs for transportation as an economic
and public health imperative. I know you will read these
letters and encourage you to reach out to us, if you have
any questions for us or the signatories.
The proposed Advanced Clean Truck Rule will
accelerate the cost effective deployment electric medium-
and heavy-duty vehicles, allow our members to meet
financial and climate goals, and significantly reduce air
pollution related health impacts and cost across the
State.
Now more than ever, this rule is critical to
ensure the long-term health of California's economy and
citizens, as we grapple with the new circumstances and
challenges of the COVID-19 pandemic. Thank you for your
work on this important issue.
BOARD CLERK SAKAZAKI: Thank you.
So we have a phone number at the bottom here.
I'm going to unmute this one. Luis, is that you? Phone
number ending in 686. Luis, is that you?
If it is, we can't hear you. Apologize.
Okay. So I'll -- we will come back to you. So
our next speaker is Andy Schwartz. Andy, I have activated
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your microphone. Go ahead and begin.
MR. SCHWARTZ: Good morning. Can you hear me
okay?
BOARD CLERK SAKAZAKI: We can.
MR. SCHWARTZ: Great. Chair Nichols, Vice Chair
Berg, and members of the Board. My name is Andy Schwartz.
And I'm here today speaking on behalf of Tesla. As a
mission-driven company, Tesla stands in strong support of
the rule as revised and encourages the Board to adopt this
historic regulation. This rule has foundational efforts
to transition medium- and heavy-duty vehicles to
zero-emission technologies. For those manufacturers,
Tesla among them, that have made bold announcements
regarding their intentions to produce zero-emission
medium- and heavy-duty vehicles, this regulation effect --
effectively holds them to account by creating real
opportunity costs for failure to deliver.
With regard to Tesla's intentions, we are 100
percent committed to bringing the Tesla semi and the Tesla
Cybertruck to market. Our current roadmap envisions
production for both vehicles beginning in 2021, well in
advance of when the ACT becomes binding. Both vehicles
have generated a lot of excitement since their unveiling.
In the case of the Tesla semi, we've seen strong interest,
backed by pre-orders from companies representing every
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major sector with heavy-duty freight needs. In the case
of the Cybertruck, we received over 250,000 pre-orders
within the first week of unveiling.
Underlying this demand is recognition that the
value proposition of these vehicles as incredibly
compelling. For the Tesla semi, we estimate that it will
only take two to three years for a customer to recoup the
higher upfront cost of these vehicles. And as battery
costs decline, this will only get better.
There are those who will continue to say ARB is
doing too much too soon, that the charging infrastructure
and the demand won't be there and that the goals are too
ambitious. We respectfully disagree.
Charging infrastructure can and will be built.
We've done it on the light-duty side as demonstrated by
our supercharger network. Importantly, progress has been
made in developing a common connector for heavy-duty
charging. For more than a year, we and other vehicle
manufacturers, charging equipment providers, utilities,
and customers have been working on the design of a
connector standard for higher powered charging.
Additionally, extensive resources are being
marshaled in support of heavy-duty and medium-duty
charging infrastructure via initiatives of the CPUC and
the CEC.
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Further more and perhaps more fundamentally, the
point of regulation is not to simply require things that
are going to happen anyway. It is to push the market to
move more quickly, given the criticality of transitioning
away from fossil fuels as fast and as effectively as we
can.
Thank you again for the opportunity to speak
today.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Ruben Aronin. Ruben, I have
activated your microphone.
MR. ARONIN: Thank you so much. Hi. I'm Ruben
Aronin, the director of the California Business Alliance
for a Clean Economy. And I'm speaking both as a parent of
an asthmatic child and an advocate representing more than
1,000 small and mainstream businesses from throughout the
state.
We'd like to applaud the staff, Board, advocates,
and industry for coming together and working so hard to
bring us to this historic moment that I think may be more
beneficial to -- than the Clean Cars Rule that we're still
fighting with the federal government over, as far as
bridging near-term air quality and climate benefits, but
also economic benefits to our state, and hopefully leading
our world as our northeast states reminded us as well.
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The great COVID recession is like no other.
While whole industries have been decimated, we've only
seen a modest decrease in diesel consumption and truck
traffic from Amazon, UPS, FedEx, and other delivery
services is actually increasing.
As we sheltered in place, our shift to online
retail accelerated, underscoring the need to clean up and
electrify our goods movement industry in a shift that's
likely to last with us for some time. At a time when a
respiratory virus threatens our nation, we must
aggressively address air pollution, asthma, and climate
change, especially for those most impacted in
disadvantaged communities.
The marketplace for electric trucks is already
growing. Orders for tens of thousands of electric trucks
are pouring in from Fortune 500 companies.
Electrification of our transportation industry is one of
the most significant and forward-thinking economic
stimulus and job creation strategies that we can and must
pursue.
Before the pandemic started, our electric vehicle
market supported more than 275,000 jobs statewide and
the -- this industry is a well paying industry that can
only continue to grow.
Thank you for your leadership. We strongly
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support the rule and look forward to collaborating on the
future actions that ARB and our State government must make
to bring about the transformation to an electric
transportation future that we all need and deserve.
BOARD CLERK SAKAZAKI: Thank you.
I'm going to try the phone number one more time.
That's phone number ending in 686. Luis, is that you?
CHAIR NICHOLS: Ryan, could we now let people
know about our plans for taking a break also --
BOARD CLERK SAKAZAKI: Yes.
CHAIR NICHOLS: -- at lunch time?
BOARD CLERK SAKAZAKI: Sounds good.
CHAIR NICHOLS: So we do take -- we do intend to
take a lunch break for a half an hour. And I think that
since it's now five of 12:00, we should probably push on
through to 12:30, and then break from 12:30 to 1:00, so
people can make plans to go get a bite eat, stretch, et
cetera. Everybody who's in line will still be in line to
speak and we'll just pick up where we left off after --
after we take a break.
BOARD CLERK SAKAZAKI: Sounds good. Thank you,
Madam Chair. I will probably give more information as it
becomes 12:30. But for now, we can move on to our next
couple speakers until then.
So, Luis, unfortunately we can't hear you. You
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can email me at [email protected]. I can probably help you
with technical difficulties or you can email in -- if you
have any written comments, you can send -- send me
there -- send them there. I apologize if we can't get
you -- the mic to work today.
Our next speaker is William Zobel. And after
William, it's Soledad Camacho, Will Barrett, and Thomas
Lawson. So, William, I have activated your microphone.
You can unmute yourself and begin.
MR. ZOBEL: Great. Thank you. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. ZOBEL: Very Good. Good morning, Madam Chair
and Madam Vice Chair, members of the Board and Staff. I
am Bill Zobel, the new Executive Director of the Hydrogen
Business Council. The Council represents 112 companies
engaged in the commercialization of hydrogen and fuel cell
technologies. We want to than the staff for all their
hard work put into this rule and believe it puts the state
on the right path to reducing emission and decarbonizing
the transportation sector.
The Council supports the regulation and looks for
to working with staff on the implementation of the rule
and future measures to achieve the state's goals for
transportation.
One matter, however, that we want to point out in
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the rule that may be unintended is the definition of
all-electric range. We simply want to ensure that the
definition includes energy stored on board the vehicle in
the form of hydrogen that converts to electricity.
This will help ensure and make it clear that CARB
maintains its tradition of including both types of
zero-emission electric vehicle technologies, both fuel
cell electric and battery electric in its regulations and
programs.
The Council believes if the state is to achieve
its aggressive carbon reduction goals, fuel cell electric
trucks and hydrogen technology as a whole needs to be
integrated into every aspect of the state's carbon
reduction strategy. CARB can do its part by ensuring
zero-emission transportation rules, funding programs,
research, and all the like, equitably addresses and
explicitly includes hydrogen fuel cell technology.
We appreciate the opportunity to participate and
comment. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Soledad. I have activated
your microphone. You can unmute yourself and begin.
MS. CAMACHO: Hello. Can you guys hear me?
BOARD CLERK SAKAZAKI: We can.
MS. CAMACHO: Okay. Good morning -- or
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afternoon, everyone. My name is Soledad. I'm a youth
leader with CAUSE here in Oxnard and I support that ACT
Rule.
The California Air Resources Board is moving
forward with its groundbreaking Electric Truck Rule,
requiring manufacturers to build more electric trucks
beginning in 2030. It's important to us, because in our
community of South Oxnard, a majority of our population
has asthma or other respiratory illnesses.
I want clean air for my community and the future
generation to come. I care about Oxnard and believe this
is a great step into a better future.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Will barrett. Will, I have
activated your microphone. Go ahead and begin.
MR. BARRETT: Thank you, Ryan. I'm Will Barrett.
I'm the Director of Clean Air Advocacy with the American
Lung Association. And the American Lung Association is in
strong support of the strengthened proposal and urge
adoption today as proposed.
We're joined in our strong support by over 20
health and medical organizations, including those
representing lung doctors, nurses, pediatricians, asthma
coalitions, and medical societies across California.
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We view this rule as a historic step toward a
healthier California. And as many members of impacted
communities have voiced today, zero emissions support
health, equity, and community resiliency.
The strengthened proposal will yield significant
clean air and public health benefits by cutting particle
pollution, NOx, and greenhouse gases for decades to come
in support of meeting our clean air and climate standards.
The rule will save over 900 lives and reduce or avoid
almost $9 billion in health costs.
I wanted to quickly agree and appreciate Chair
Nichols' comments on the central and critical focus of the
ACT Rule on the deployment of zero-emission technologies,
rather than on combustion technologies. The recent re --
recently released Low NOx Omnibus Rule is, in our view,
the appropriate venue for accelerating low-NOx
technologies in the combustion fleet. We look forward to
working with you on that rule as well.
The American Lung Association supports the rapid
and widespread shift to zero-emission transportation as a
vital -- as vital to improving lung health and saving
lives. The proposed ACT Rule focuses on this shift and we
in the health community support this clear focus on
zero-emission technologies.
We're also encouraged by the resolution language
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focused on achieving 100 percent zero-emission truck
fleets in support of community and climate health. And
finally, we'd greatly appreciate hearing from the -- such
strong support from other states and NESCAUM this morning
for this measure. And moving forward, we hope and
encourage all states to really consider adopting this rule
to accelerate the public health benefit across the
country.
In closing, thank you very much. We strongly
support and urge your adoption of the proposal today.
It's been a real pleasure to work with the staff and Board
on this measure.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Thomas Lawson. After Thomas,
we have Cindy Donis, Todd Campbell, and Leslie Aguayo.
Thomas, I have activated your microphone. You
can go ahead and begin.
MR. LAWSON: Thank you. Good afternoon. I
appreciate the opportunity to comment. So I'm Thomas
Lawson. I represent the California Natural Gas Vehicle
Coalition. And we are here on behalf of the industry to
ask for a change in the definition of near zero.
And I wanted to clear up some confusion, because
I think that there is a belief that we are against the ACT
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Rule, and that's not the case. We believe strongly that
the ACT Rule addresses long-term goals, and where the
State and Air Resources Board has said we need to go.
What our concern is, is what do we do between now and
then, and how are we supporting and addressing short-term
goals.
You know, the rule doesn't kick-in for another
four, or five, or six years. And even at that, it is
three percent, five percent of vehicles. So my question
and our issue is what are we going to do about the other
90 percent of vehicles being produced and on the road at
this time?
And we are -- you know, we believe that having a
technology that is the fruit of collaboration between
private and public industry created the low-NOx engine is
ready to meet that particular goal and what we can do
between now and then.
I think lastly, you know, one of our issues is
that, you know, we have, you know, been for, I think, the
last almost six months now asking about this definition
change. And every time we've brought up some credible
changes that we think need to be happening, we have been,
you know, ushered or directed to the next thing that's on
the -- on the board.
So we're looking for a little bit more
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collaboration, and we'd like to work closer with the Air
Resources Board on some of this stuff. Our industry
hasn't been reached out to talk about this Omnibus Rule.
And so, you know, the question is what is the process
there on getting changes that our industry should have
some input on, if that is the case or the place where we
need to have these discussions.
So we look forward to a robust discussion about
what we need to do between now and then, and thank you for
the opportunity.
MS. DONIS: Good morning, members of the Board.
My name is Cindy Donis. I live in the City of South Gate
and I'm member and organizer for East Yard Communities for
Environmental Justice.
I'm here to voice my support of the Electric
Trucks Rule, but I also want to urge you to make it
stronger, specifically for the heavy-duty Class 7 and 8
tractors.
Communities along the 710 corridor are completely
overburdened with diesel pollution and truck traffic.
Forth to 60 thousand truck trips occur every single day on
the 710 Freeway, and this pollution manifests itself in
asthma, cancer, and other illnesses that my family and my
neighbors are enduring.
And so we're also in the midst of a health crisis
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and pandemic that has shown us that if -- if we keep
denying clean air for low-income communities of color, if
we don't transition to zero-emission technologies, then
we're setting ourselves, our communities, particularly
low-income communities of color, to be much more
vulnerable and potentially to death due to COVID and other
illnesses.
So I appreciate the Board taking initiative by
creating this rule, but it can be stronger and it can help
begin transitioning away from diesel and gas trucks sooner
than later. I urge the Board to raise the sales
requirements for the heavy-duty trucks as high as possible
and vote yes on the ACT.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Todd Campbell. Todd, I have activated your
microphone. Please unmute yourself and you can begin.
MR. CAMPBELL: Good morning. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. CAMPBELL: Good morning, Madam Chair and
members of the Board. Clean Energy would like to ask the
Board to make a critical amendment to include the most
stringent low-NOx truck -- trucks under the rule's
near-zero definition consistent with CARB's other
near-zero definitions and to provide partial credit to
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low-NOx trucks until the Omnibus Rule requires the
manufacture of such trucks in 2027 or beyond. In that
way, the Board will ensure near-term emissions reductions
will be realized to provide much needed relief for
disadvantaged communities struggling to breathe. Our
concerns today are even greater than expressed in our
formal comments submitted on May 28th as Gladstein
Neandross and Associates has since reviewed staff's total
cost of ownership of zero-emission trucks.
In GNA's analysis they found that the charger
network service cost and insurance costs were not
included. EVSE redundancy and resiliency were not
considered or ignored -- and ignored. The battery
capacity required for vehicle range is underestimated by
50 percent, putting aside staff's nearly idealized
assumptions about fleet operation.
The takeaway is that CARB's totally cost of
operation for zero-emission trucks are underestimated by
80 to 90 percent. In 2023, the State will have an
opportunity to replace hundreds of thousands of pre-2010
trucks with something better than diesel, a technology we
know emits up to six times more emissions than its
certification.
This rule does not begin until 2024. As a
student of history, we should recognize that the ZEV
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light-duty program has been in place for almost four
decades, and light-duty cars still make up less than five
percent of the marketplace. We would be foolish not to
include 0.02 low-NOx trucks for the next seven years as a
safeguard for public health reasons and federal attainment
deadlines, especially if we fall short of staff's market
penetration projections, which I think are highly
optimistic at 50 percent in 2030.
With that, I'd like to thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Leslie Aguayo. After Leslie,
I have Jillian Solomon, Chris Nevers, and Jennifer Kropke.
So, Leslie, I have activated your microphone. Go
ahead and begin.
MS. AGUAYO: Hi. Good afternoon Chair Nichols
and members of the Board. Thank you for your time and
opportunity to speak today. My name is Leslie Aguayo from
the Greenlining Institute, a racial equity and advocacy
organization in Oakland. And we are in support of the ACT
Rule.
By voting yes on electric trucks, CARB can
protect the health of families living in diesel death
zones and address the systemic marginalization of low
income and communities of color that are
disproportionately suffering from truck pollution.
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Californians are in need of ACT for economic
stimulus, furthering environmental justice efforts,
continuing our fight against climate change, improving
working conditions, and transforming our markets.
The Electric Truck Standard will give a clear
market signal that supports California's jobs, job
creating in each vehicle sector. With our current
unemployment rate at 15 percent and impending economic
shocks, our state is in need of as many economic
development opportunities as possible.
CARB's ACT Rule has the potential to equitably
invest in California's disadvantaged communities who have
carried the burden of our state's transportation
externalities. The ACT Rule's passage is only the
beginning and we must ensure that equitable implementation
follows.
Poor communities of color continue to suffer most
from the legacy of segregation and racially motivated
freeway construction and truck corridors through their
neighborhoods. As we collectively navigate these
unprecedented times that have brought both racial and --
that have brought racial inequities to a head, it's
paramount the policy levers such as the ACT Rule are
passed for the protection and investment of communities
most burdened for the compounding public health crisis of
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both COVID-19 and racial injustice.
Thank you for your time and for your leadership.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker Is Jillian Solomon. Jillian, I
have activated your microphone. You can unmute yourself
and begin.
MS. SOLOMON: Hello. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. SOLOMON: Great. So my name is Jillian
Solomon and I am with Motiv Power Systems. First, I do
just want to thank CARB Board and staff for your patience
upon listening to this long list of public comments today.
Motiv is a California-based manufacturer of Class
4 to 6 all-electric vehicles. So we know firsthand that
this market segment is ready for electrification. The
technology is available and reliable today.
Thus, we strongly support CARB's increased sales
target for this segment, because we are confident in this
market's ability to meet these set targets. We are in
full support of the ACT Rule, but we would like to point
out that its success is highly dependent on adequate and
reliable vehicle and infrastructure incentives, as well as
other policies, such as the Fleet Rule, which is being
developed in conjunction with the ACT Regulation.
We believe that this will ensure a smooth
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transition to ZEV, as it will create and strengthen the
ZEV truck market.
With that said, Motiv asks for this rule to be
passed and that these comments are kept in mind. And
thank you for your consideration. And I'll give back 40
seconds.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Chris Nevers. Chris, I have
activated your microphone. You unmute go ahead and begin.
MR. NEVERS: Thank you. Good afternoon, Chair
Nichols and Board members. My name is Chris Nevers
representing the Rivian Automotive in support of the
recently improved Advanced Clean Truck proposal.
For those unfamiliar, Rivian is an independent
U.S. company with over 2,000 employees in the U.S.,
Canada, and the United Kingdom working to develop and
produce all-electric pickup trucks, SUVs, and delivery
vans. Delivery vans joined up with Amazon are scheduled
to be delivered beginning in 2021. Rivian expects to
deliver tens of thousands of these Class 2b and 3
heavy-duty trucks before the ACT requirements begin, with
the goal to deliver 100,000 to Amazon by 2030.
Rivian is also in the process of finalizing
production capabilities for its first pickup truck, the
R1T, and full-sized SUV the R1S that will be available for
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sale beginning in calendar year 2021. With features like
a possible 400-mile range on a single charge, and the
ability to tow over 10,000 pounds, the R1 will open up new
classes of zero-emission vehicles to the consumer, even
possibly displacing some Class 2b conventional
applications.
Clearly, as demonstrated with Rivian's expected
deliver of 100,000 heavy-duty vans, the expansion of
zero-emission's performance into the full-sized SUV and
pickup truck segments, plus Rivian's adaptable skateboard
chassis, the goals targeted by the ACT are feasible.
The only clarification Rivian would seek to the
ACT proposal centers around failure to comply within --
with requirements in a timely manner. Perhaps in the
final statements of reasons, CARB could reiterate that ZEV
penalties are not intended to serve as pay-to-play
mechanism. CARB could further clarify that although
penalties applied to deficits that have not been made up
in the time allotted, penalties do not obviate the need
for manufacturers to fill ZEV credit deficits.
Again, Rivian supports the ACT proposal and
thanks the Board for its leadership and time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Jennifer Kropke. After
Jennifer, we have Silvia Calzada, Bernie Kotlier, and Joy
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Williams.
So Jennifer, I have activated your microphone.
You can unmute yourself and begin.
MS. KROPKE: Good morning, Board members and
Chair Nichols. I am Jennifer Kropke and I join with my
union brothers and sisters as well as our over 12,000
members in Los Angeles and also on behalf of over 400
union electrical contractors.
As you can see, I'm a numbers person and I wanted
to share Los Angeles and Long Beach's latest drayage
registry statistics. Less than one percent of trucks are
zero emission and less than four percent are approximately
that or near zero.
Although we are adamantly in favor of zero
emission, these statistics demonstrate that our history of
incentives on the demand side are utterly insufficient.
As a regulatory community, we have to ask ourselves why
have we failed far? We believe this is because all of the
incentives have been on the demand side and that this rule
will provide them on the supply side.
The ACT is a necessary supply-side strategy that
will allow us to achieve all of our transportation
electrification goals within an adequate time frame, not
to mention to echo the comments of my union brothers and
sisters, this will create good zero-emission charging
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infrastructure jobs at a time when California needs it
most.
I want to thank the staff for all of their hard
work on this and thank the Board members for all of their
hard work on this as well. We are asking that you support
the path forward and create good jobs and help us with our
air quality as well.
Thank you so much.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Silvia Calzada.
Silvia, I have activated your microphone. You
can unmute yourself and begin.
MS. CALZADA: Yes can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. CALZADA: Excellent.
Good afternoon, Chair and members of the
California Air Resource Board. My name is Silvia Calzada,
a long-time constituent of the City of National City in
San Diego, California. And I'm currently residing at the
Paradise Creek Apartments in the area of Old Town National
City, a portside environmental justice community.
As a patient with asthma and a steering committee
member in the AB 617 Community Air Protection Program, I
urge you to approve the Advanced Clean Trucks Rule. It is
a great urgency to implement greener holistic systems as
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it is mentally and physically overwhelming by the constant
uncontrollable shutdowns of my airways, because of the
climate change that's caused by air pollution and other
contaminants.
The ACT Rule will not only refine the emission
treatment systems, but will also reinforce -- reinforce
the purification of our environment, and respiratory
systems young and wise like mine, and at the grass roots
community leader.
In advance, I truly appreciate the tireless
efforts of collaborators involved in reevaluating and
presenting organic programs and actions to revitalize and
beautify our neighborhoods. For your willingness and
interest to improve our environment and human health,
thank you. Please approve the ACT Rule.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Bernie. I have activated
your microphone. You can unmute yourself and begin.
MR. KOTLIER: Hi. This is Bernie. Can you hear
me?
BOARD CLERK SAKAZAKI: We can.
MR. KOTLIER: Chair Nichols and members of the
Board, I'm Bernie Kotlier representing the IBEW and the
National Electrical Contractors Association statewide.
We strongly support the proposed rule as written,
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because it will clean the air, fight climate change,
improve the health of disadvantaged communities, and
create thousands of new, good jobs, which due to the
economic impact of the pandemic, are needed more than
ever.
Through the rulemaking process, we've heard
concerns about adequate charging infrastructure to power
clean trucks. The electrical contracting industry has
conducted the surveys and done the calculations. Our
current electrical workforce is able to construct more
than 160 percent of the state's three- to five-year goals
for heavy-duty charging infrastructure.
We've also heard comments about whether we can
afford the cost and pace of the transition to clean
trucks. The more important question is what will it cost
our state, our taxpayers, and those too young to pay taxes
if we dilute or delay implementation of the proposed rule?
Taxpayers will pay $500 million for measure AA
Bay Area Flood Control. SFO's new seawall costs $587
million. The 2018 wildfire season cost about $24 billion.
And UCLA scientists project a major increase in severe
climate change-related floods forecasting approximately a
trillion dollar disaster in decades to come.
And that's just the tip of the melting iceberg.
What we cannot afford are delays, dilution, and inaction.
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That's why we strongly support the proposed rule as
written.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Joy Williams. After Joy we have Wladimir
Sarmiento-Darkin, Francis Yan and Andrea Vidaurre.
So, Joy, I have activated your microphone. You
can unmute yourself and begin.
MS. WILLIAMS: Good afternoon. I'm Joy Williams
from Environmental Health Coalition. And I'm reading a
statement from San Diego's AB 617 steering committee.
Chair Nichols and members of the California Air
Resources Board, the AB 617 steering committee for the
portside environmental justice communities urges you to
adopt the ACT Rule in its current draft. The portside
areas include the San Diego communities of Barrio Logan,
Logan Heights, and Sherman Heights and the West National
City community.
Air monitoring conducted by the San Diego APCD
has confirmed that diesel exhaust is the number one
pollutant of concern for the portside communities.
Heavy-duty diesel trucks traveling through and around our
communities are a significant source of diesel. Local
efforts can reduce emissions from certain targeted sets of
trucks, such as those serving the cargo terminals for the
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Port of San Diego.
However, State level measures are needed to
ensure that all trucks on the road in California begin the
transition from fossil fuels to zero-emission vehicles.
The ACT will accelerate that transition by ensuring that
heavy-duty ZEV vehicles are commercially available in
large enough numbers to support compliance with the coming
Fleet Rule.
The portside steering committee includes
residents of the portside communities, medical experts,
organized labor, environmental and social justice
organizations, local industry, SDG&E, and representatives
of local government agencies, including the cities, the
port, our regional planning organization SANDAG, and
Caltrans. We are united in our recognition of the need to
reduce diesel emissions from mobile sources and urge you
to adopt the rule today.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Next up, we have Wladimir. I have unmute -- I
have activated your microphone. You can unmute yourself
and begin.
MR. SARMIENTO-DARKIN: Hey, Ryan, can you har me?
BOARD CLERK SAKAZAKI: We can.
MR. SARMIENTO-DARKIN: All right. Perfect. Good
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afternoon, Madam Chair, Madam Vice Chair, members of the
Board. Thank you very much for the opportunity to provide
public comments today.
My name is Wladimir Sarmiento-Darkin. I am the
Business Development Director for hydrogen mobility in
California for Linde.
Linde is a leading industrial gas and technology
company with operations in more than a hundred countries.
We have been producing gases, including hydrogen in
California, for more than 50 years.
I want to express Linde's support for the
Advanced Clean Truck Regulation being discussed here
today. We, in Linde, believe electrification of
heavy-duty transportation is a key measure to achieve
aggressive decarbonization goals in California. We are
convince hydrogen fuel cells technology offer an important
inherent advantage to heavy-duty applications.
We are making investments in our California
Ontario facility and distribution network to support
materialization of this technology.
Thank you again for the opportunity to share our
support to this regulation and for your work and
leadership moving forward in this.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
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Our next speaker is Francis Yang. Francis, I
have activated your microphone. You can unmute yourself
and begin.
MR. YANG: Hello. My name is Francis. I'm an
organizer with the My Generation Campaign and Sierra Club.
I just want to say out community overwhelmingly supports
this rule. And this is kind of, in a lot of ways, like a
saving grace. This past week, the Ports of L.A. and Long
Beach just gave their Clean Air Action Plan update, which
was essentially just a natural gas update. The same thing
with AQMD and all of these indirect source rules where
they are saying that their goal is to go to zero
emissions, and yet there's no teeth -- there's no
timeline, there's no reality that's telling them that
they're actually going to implement anything.
I don't want to take up too much time, because I
think everybody is freaking tired and we've been on this
call since 9:00 a.m. All I want to say is that this is
kind of the only thing we have right now to say that we
can actually breathe in our communities and tell our
community that we're actually doing some sort of win and
have some sort of hope.
So please, please, please vote in support of the
ACT Rule and hold all of our other decision-makers
freaking accountable, because they don't do anything.
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Thanks so much.
BOARD CLERK SAKAZAKI: Thank you.
Out next speaker is Andrea -- Andrea Vidaurre.
Sorry if I mispronounced that.
After Andrea, we have David Wooley, Sila
Kiliccote, and Paul Cort. And after Paul, we will take
our lunch break.
So Andrea, I have unmuted your microphone. If
you -- you can begin now.
MS. VIDAURRE: Thank you. Hello, Board members.
My name is Andrea Vidaurre. I'm with the Center for
Community Action and Environmental Justice. I want to
start off by calling out the moment that we're in, one
that we're seeing violence in many forms perpetrate our
communities. From police brutality to environmental
racism, it is the response -- it is the responsibility of
everyone, including every government agency, to step up
and address the structural inequality and the policies
that they have power over.
This moment is also one in which we're seeing the
call for community solutions more than ever come to the
mainstream. I am here carrying the message of members
before me that have been calling for zero emissions before
it was mainstream. These members and elders were looking
out for the generation ahead of them.
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Our communities are on the frontline of the
supply chain whose bodies, lungs, labor, and environment
make it possible for shelves to be stocked and packages to
be delivered are calling for CARB to accelerate your
targets for the heavy-duty Class 7 and 8 sector and pass
this rule.
We see thousands upon thousands of trucks enter
our communities every day. Even with the COVID-19 crisis,
operations and commuters did not stop moving here. Even
as we endured the second wave of COVID and the looming
insecurity of our economy, we know there's no better time
than now to invest in an industry that benefits both the
economy and more importantly our health.
Many of us in our community need to see the
stimulation earlier than later. Just last week, 40
million square feet of warehousing space was approved in
the City of Moreno Valley with and associated 12 to 14
thousand truck trips.
We need this rule to reflect the growth in the
Inland Empire, the growth our friends are seeing in the
Port of Oakland, Long Beach, the Central Valley, the
central coast.
The next couple of years of adoption are
essential to ensuring that we're seeing these trucks
replace the ones we have running through our neighborhoods
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today. We ask this rule reflect that real burden we see
sooner than later.
I'll end by stating our strong approval of CARB's
direction to a full zero-emission future and a strong
reporting requirement. We're happy to be involved in such
a monumental moment of transition for our communities.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is David Wooley. David, I have
activated your microphone. You can unmute yourself and
begin our testimony.
MR. WOOLEY: Good morning. My name is David
Wooley. I'm the Director of the Environmental Center at
the Goldman School of Public Policy in UC Berkeley, and I
wanted to join you today to strongly support the Clean
Truck Rule. I'm especially pleased to see the
strengthening of the rule that the staff and the Board has
proposed to move forward on today. I come to this with an
experience over the past few years with the AB 617
implementation in West Oakland.
I've seen what can happen to communities that
suffer disproportionate pollute -- exposure to diesel
particulate emissions. And this -- this rule recognizes
that -- that sources of diesel emission also co-emit
greenhouse gases and that we can act on both with this
rule.
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I'm especially pleased to see that the decision
reflects the recent reductions in lithium-ion battery
costs, which will help make this overall rule quite
economically attractive and feasible to implement.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Sila Kiliccote. I have
activated your microphone and you can unmute yourself.
MS. KILICCOTE: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: Yes, we can.
MS. KILICCOTE: Great. My name is Sila
Kiliccote. I'm the CEO of eIQ Mobility. eIQ Mobility is
a fleet electrification solution provider located in
Oakland, California. One of our products is a software
platform called EValuate, which we use to assist fleets in
determining which of their vehicles are technically and
economically feasible to replace with electric vehicles.
In working with fleets, we found that they have
many options for replacing their care with electric cars
and fewer options for replacing their trucks with electric
trucks. California has been a leader in facilitating the
adoption of electric trucks and buses with programs like
Low Carbon Fuel Standard, HVIP, and the Carl Moyer
Program, but we need to further reduce greenhouse gas
emissions and curb tailpipe emissions from diesel trucks,
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especially in disadvantaged communities. A strong ACT
Rule will enable us to do this by accelerating the
transition to electric trucks.
We were glad to see some of the ways in which the
ACT Rule would strengthen the current proposal, extending
the rule to 2035, and roughly doubling the sales
requirements for covered medium- and heavy-duty vehicles.
As it now stands, the proposed ACT rule will help
put roughly a quarter million clean trucks on California's
roads by 2035 and will save the trucking industry nearly
$6 billion through 2040, according to CARB's cost and
benefit analysis.
In closing, we encourage the Board to adopt the
proposed ACT Rule and we hope the Board will continue to
make California a climate and clean transportation leader
by taking further complementary actions, such as
accelerating the adoption of the pending Clean Fuel --
Clean Fleets Rule, and passing a resolution to establish a
target date for the -- for when the State can achieve
hundred percent zero-emission truck fleets.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is the Paul Cort. Paul, I've
activated your microphone, if you'd like to unmute
yourself and begin.
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MR. CORT: Thank you, yes. This is Paul Cort
with Earthjustice. And I'm just very happy to join you
all today to urge you to approve this groundbreaking rule.
It has been significantly improved as a result of your
direction last December, and we commend staff for their
work to get here and just really appreciate working with
all of you.
I just want to highlight that none of the
concerns that have been raised to date is a reason to
delay or weaken the rule before you. Yes, we need to have
buyers for these trucks. And the record shows that the
market is there, even building on Ikea's comments right
before me. And we also agree the upcoming fleet rules
will be important to ensuring these trucks are being
deployed where they are needed. Yes, we need to be
building out the infrastructure to support this new
transportation vision.
There are multiple efforts underway that you've
already heard about, and this rule will provide critical
targets for utility and related planning efforts.
And yes, we need to make sure that the combustion
trucks that are left on the road continue to get cleaner,
but that does not mean undermining these zero-emission
mandates by allowing credit for polluting natural gas
trucks that do nothing to advance zero-emission
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technology.
It means embracing technology forcing standards
in the upcoming Omnibus Truck Rule. This is not a case of
the chicken or the egg. We need the chicken and the egg.
We need to take this important first step today and then
move on to the other pieces needed to support and
accelerate the wholesale transformation to zero emissions
that's required to finally achieve clean air for everyone.
Thank you and enjoy your lunch.
BOARD CLERK SAKAZAKI: Thank you. So we will now
take our 30-minute lunch break. I will remind all Board
members and staff to please stay on the Zoom call and
please mute yourself and turn off your videos. To members
of the audience, I request that you please stay on the
Zoom as well. And if you have your hand raised, please do
not lower your hand, because that will put you -- excuse
me, that will put you behind the cutoff line.
So we will be -- we will reassemble at 1:00 p.m.
At that time, the next three speakers will be Christopher
Canon, a phone number ending in 457, and Adam Harper.
Apologies that we cut you off right before lunch, but
please be back at 1:00, so we can begin the rest of the
public testimony.
So, yep, thank you and enjoy your lunch.
(Off record: 12:31 p.m.)
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(Thereupon a lunch break was taken.)
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A F T E R N O O N S E S S I O N
(On record: 1:02 p.m.)
CHAIR NICHOLS: All right. Well, then let's
resume where we left off. We'll resume the hearing now
and the Clerk will call the next few witnesses, please.
BOARD CLERK SAKAZAKI: Yes. Thank you, Madam
Chair. Our next three witnesses are Christopher Canon,
Adam Harper, and Janet Whittick.
Christopher, I have activated your microphone.
If you'd like to unmute yourself and begin.
MR. CANNON: Thank you. And good after -- good
afternoon, CARB Board members and staff. My name is Chris
Canon. I'm the Chief Sustainability Officer at the Port
of Los Angeles. We want to register our support for
staff's proposed Advanced Clean Truck Rule.
Heavy-duty zero-emission truck technology is
still in its development phase. So we support the idea of
getting more trucks out on the road, because this will
help advance zero-emission technology and we believe it
will begin to establish a secondary market for previously
owned zero-emission trucks that can be accessed by drayage
operators.
Drayage operators typically purchase lower cost
trucks in this secondary market, so we believe this rule
going into effect when it does can help them. We have set
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a goal of 100 percent zero-emission drayage truck
operations by 2035 for the ports of Los Angeles and Long
Beach. And we think having more zero-emission trucks
operating across the state will help us with our goal.
So we want to thank you for the opportunity to
speak and this concludes my remarks.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Adam Harper. Adam, I have
activated your microphone. Please unmute yourself and you
can begin your comments.
MR. HARPER: Board Members, Adam Harper,
California Construction Industrial Materials Association.
I want to thank you for the opportunity to
comment today. I spoke before you in December. What I'd
like to focus today on is the fleet -- is the reporting
date. And we appreciate the changes which the Board
encouraged in the fleet reporting. We'd like the Board to
think about construction fleets and the difference between
construction fleets and delivery fleets necessitated
largely around the debate of COVID-19.
We appreciate that your staff has went back and
allowed people to report data from 2019, but we want to
thank you -- want you to think about, you know, the 2b
truck that may be operating as either a mechanics truck or
a crew truck that is routing employees around and to job
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sites and may even between job sites on the same day
potentially.
There really isn't a system in place that tracks
that data. And in COVID-19 terms in this current year,
we're not in a normal marketplace. Now, our industry will
obviously report if you ask in April of next year, but you
need to understand that the high quality data that, you
know, Mr. Kitowski said earlier was critical to doing
future fleet rules is not likely to be represented in the
data set that is submitted as a result by, you know, at
least several of our member fleets in the construction
sector as a result.
So we wanted to call that to the Board's
attention. We're not sure exactly how to resolve it,
because the tragedy that is COVID-19 may not be solved
next year, but we wanted to ask the Board to strongly
consider methods of putting off the reporting dates
certainly for construction fleets.
But you may also want to consider it for some
freight fleets, because we have already heard that the
freight delivery market was changed. So thank you for
your consideration.
BOARD CLERK SAKAZAKI: Thank you.
Our next commenter is Janet Whittick. After
Janick -- Janet, it will be Jimmy O'Dea, Patricio
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Portillo, and Gabriela Mendez.
Janet, I have activated your microphone. You can
unmute yourself and begin your testimony.
MS. WHITTICK: Perfect. Thank you, Ryan.
Good afternoon. This is Janet Whittick of the
California Council for Environmental and Economic Balance.
We've submitted detailed comments on large entity
reporting and hope that the Board will review those
comments, especially if they relate to fair implementation
and enforcement. But I'm not going to repeat those points
now in respect of your time.
Instead, we want to embrace three new issues.
First, we would like to better understand that interplay
between ACT and the Low-NOx Omnibus Rule. While these are
separate but parallel proceedings, they target the same
medium- and heavy-duty vehicles.
And we feel that OEMs and fleets need to better
understand how the compliance requirements interact and
that they will make business and investment decisions
accordingly.
Second, and also related to low-NOx vehicles, we
support the many groups today asking the Board to consider
partial credits for ultra low-NOx trucks that use
renewable natural gas, especially for Class 7 and 8
vehicles that really do need near-term clean air options.
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Finally, we would like to better understand the
use of 15-and 30-day changes for major regulations subject
to two hearings. In both ACT and later on today the At
Berth Rule, staff have made significant changes after the
initial hearing and at the direction of the Board.
However, the analyses that these changes has not
been as rigorous as it was for the initial proposals and
even with a 30-day comment period, time to interact with
staff has been greatly compressed. With the APA clock
ticking and pressure to avoid restarting any rulemaking,
our concern is that the process could discourage
legitimate and valuable course corrections, even those
that have been directed by the Board.
So thank for your time today.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Jimmy. I have activated your
microphone. Please unmute yourself and begin.
MR. O'DEA: Good afternoon, Chair Nichols,
members of the Board. My name is Jimmy O'Dea. I'm a
Senor Analyst at the Union of Concerned Scientists. I
first want to send my appreciation to the many community
members that have spoken up in support of the ACT today.
UCS, we strongly support today's proposal and we thank the
Board for its calls to strengthen the original draft back
in December.
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We also thank staff for overseeing a really
robust public process and the supporting analyses over the
last three and a half years of this policy's development.
This standard will be the biggest step to date on electric
trucks, but it's also a reasonable and achievable step.
It will take the industry from one of press
releases and pilot projects to one of large scale
production. But the numbers of electric trucks this
policy will achieve also means it cannot be our last step.
UCS estimates this proposal will result in the
sale of 300,000 electric trucks by 2035, or 15 percent of
the 1.9 million trucks expected to be on the road in
California then, leaving 85 percent of the trucks left
with combustion engines, unless other actions are taken.
So we support the Board in setting targets and
committing to additional policies to transition that
remaining 85 percent to zero-emission technologies.
Finally, we urge the Board to keep this policy focused on
zero-emission technologies, including natural gas that
would harm the goal of this policy to accelerate truck
electrification.
And we also urge the Board to not include any
contingencies around implementation of this policy that
would send mixed market signals about California's
commitment to zero-emission trucks.
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Thank you.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Patricio. I have activated your microphone.
You could begin
MR. PORTILLO: Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. PORTILLO: Great. Thank you, ARB staff and
the Board for your work on this important role. My name
is Patricio Portillo and I'm a transportation analyst at
the Natural Resources Defense Council.
This modified proposal is a big step in the right
direction. We know the rule could have gone further, but
this is a start to achieving the transformation needed and
I strongly urge the Board to adopt staff's proposal and
resolution language.
However, last-minute changes to definitions that
invite fossil fuels into this rule are unacceptable.
Chair Nichols, you characterized this perfectly. It would
completely undermine the intent of this rule, which is to
create a zero emission, zero tailpipe truck market, and
jeopardizes California's ability to meet its climate and
clean air objectives.
The appropriate venue to discuss combustion
technology is the Low-NOx Rule, which is a vital
complementary policy along with the Clean Fleet Rule to
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holistically tackle truck emissions. The resolution that
was introduced is also vital. However, the everywhere
feasible caveat should be removed. CARB has always had
and will always have this discretion. It does not need to
be expressly said. This caveat leaves open too much room
for interpretation and confusion.
Our coalition examined infrastructure needs with
actions underway within the state. The bottom line,
utility investments, existing programs, and a trained
workforce are all available to address infrastructure
requirements. As we heard from GO-Biz this morning,
challenges remain, but they are manageable challenges.
This zero-emission truck market this rule will
help foster is a tremendous economic engine, creating
millions of job and billions of dollars in savings. But
as Derrick Robinson and others mentioned earlier, we just
ensure the jobs created are high quality, and the truck
driver misclassification is addressed.
The Advanced Clean Truck Rule is State leadership
at its best, demonstrating how to protect public health,
the environment, and grow the economy. States are the
frontline of the transition to a clean technology future.
NRDC looks forward to partnering with you to make sure we
transition to zero polluting future, one that is truly
more equitable, as well as supportive of good job. Let's
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start that today with your yes vote.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Gabriela Mendez. After
Gabriela, we have Brittany Caplin, Michael Geller, and
Janet Dietzkamei.
Gabriela, I have activated your microphone. You
can unmute yourself and begin.
MS. MENDEZ: Okay. There we go. Can you guys
hear me?
BOARD CLERK SAKAZAKI: We can.
MS. MENDEZ: Okay. Perfect.
Good afternoon, members of the Board. My name is
Gabriela Mendez. I'm an organizer with the Center for
Community Action Environmental Justice. And I live in the
community of the Inland region. We're about an hour south
of the L.A. ports.
I support this rule, because as a member of the
community, I can attest to the thousands of trucks that
pass behind our homes every day. These trucks have
massive impacts on our community's health and our land.
There are so many communities who are susceptible to poor
air quality such as the special needs community,
communities of color, and of specific socioeconomic
status.
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We need to make sure that everyone has the human
right to breathe clean air. The is a life or death
matter. And as I appreciate the Board taking this
incredible initiative, I still urge you to push for the
highest percentage possible for zero-emission trucks, more
specifically heavy-duty Class 7/8 tractors.
We need to ditch diesel and gas trucks as soon as
possible. And I just want to say that we cannot prevent
another virus outbreak or a natural disaster, but we can
make sure that all folks are better prepared to take on
something like that by starting with public health, right?
If we are already have folks who have existing respiratory
illnesses, they become more vulnerable to viruses or
natural disasters. So I just want to make sure that's a
priority.
And then also, I just want to tell you guys,
right, like, we're counting on you, the children of the
Inland region are counting on you guys. And the whole
state of California is counting on you guys to pass this.
It's something that we need so urgent. I cannot say how
many folks. I mean, I don't want to even right start
talking about how many folks I know that have cancer that
live along the freeway.
And, you know, one is too many already, so I
highly urge you to pass this and the highest percentage
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possible, of course. Thank you so much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Brittany Caplin.
Brittany, I have activated your microphone. You
can begin.
MS. CAPLIN: Good afternoon, Chair Nichols and
members of the Board. Thank you for the opportunity to
comment on the proposed Advanced Clean Trucks Regulation.
My name is Brittany Caplin and I am the Director of
Government Relations at Proterra. Proterra is a leader in
the design and manufacture of heavy-duty electric transit
vehicles and EV technology solutions for commercial
applications. We have manufacturing facilities in
Northern California, Southern California, and South
Carolina.
Through our Proterra Powered Program, Proterra
has formed partnerships with world class OEMs to introduce
100 percent battery electric vehicles in a range of
vehicle categories, including electric school buses,
electric Motor Coach buses, and our recently announced
collaboration to develop a new all-electric delivery truck
chassis.
Proterra has a long and successful track record
of advancing zero-emission medium- and heavy-duty vehicle
technology and meeting the demand Of fleets transitioning
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from conventional diesel fuel to electric vehicles. Our
electric transit vehicles have been proven on the road
with more than 12 million miles of service across North
America. And we use this same battery technology to
electrify our partner vehicles.
Now is the time to adopt the ACT. We are in an
exciting phase of vehicle electrification with near-term
electrification opportunities for a wide range of
commercial vehicles and trucks already available. The
industry has also continued to make strides in battery
technology to improve range, reliability, and cost.
The ACT will build upon the State's leadership
and previous efforts to achieve transportation
electrification and reach our climate and greenhouse gas
reduction goals additionally, California has an
opportunity to continue to be a global leader in EV
manufacturing and passing the ACT Regulation now is a
critical step forward that will send clear market signals
to enable the planning and investment needed to further
development and scale zero-emission truck market in this
State.
Further, as job creation emerges as a top issue,
growing the EV industry --
BOARD CLERK SAKAZAKI: Sorry, your time is up.
MS. CAPLIN: -- represents a large opportunity.
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Thank you so much for your time and we urge you
to pass the ACT.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Michael Geller. Michael,
I've activated your microphone. You can begin.
MR. GELLER: Good afternoon, Chair Nichols and
members of the Board. My name is Michael Geller, Deputy
Director of the Manufacturers of Emission Controls
Association. MECA members provide the technology
solutions that enable heavy-duty on-road vehicles to be as
clean as possible, including battery and fuel cell
materials, as well as various components found in hybrid
and all-electric commercial vehicles.
Last December, we provided suggestions that we
believe will strengthen this proposal by enhancing
technology options that can be implemented in applications
that are more challenging to electrify. We share CARB's
ambition to transition the heavy-duty fleet to net zero
tailpipe emissions and we are making investments towards
that goal.
Based on the experience with the passenger car
ZEV program, the technology penetration targets in this
proposal are very aggressive. The heavy-duty sector is
even more challenging for several reasons, including the
need for targeted infrastructure upgrades for fleet
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charging. Industry investment does not respond well to
regulatory uncertainty stemming from the perception that
targets may be revised in the future. Therefore, we
recommend the inclusion of multiple compliance pathways
toward the objective of net zero tailpipe emissions.
In those applications with near-term challenges
to fully electrify, hybrid electric trucks can offer
significant emission benefits. In addition to plug-in
hybrids, we believe partial credit for HEVs that meet the
phase two GHG standards early would provide a parallel
path for faster CO2 reduction.
Another way to continue to accelerate CO2
reductions from the non-electric portion of the fleet is
to incentivize the use of low carbon fuels in ultra
low-NOx trucks. CARB could consider complimentary truck
and fuel purchase incentives when a low trucks -- low-NOx
truck is sold and operated on net zero carbon fuels and
build this into ACT to help attain climate targets.
Finally, as the fully electric truck market
matures, we support establishing and strengthening
performance standards for these vehicles and components
through zero-emission powertrain certification in order to
drive continual improvement and innovation in clean
mobility.
To conclude, MECA would like to thank CARB for
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your leadership to transition the transportation sector.
We believe that parallel technology approaches would not
subtract from, but rather strengthen the ACT.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Janet Dietzkamei. After
Janet, we have Morgan Caswell, Fe Koons, and Cristel
Gonzalez.
So Janet, I have activated your microphone. You
can unmute yourself and begin.
MS. DIETZKAMEI: Good afternoon, Chairman --
Chair Nichols, members of the Board, and staff. I am
Janet Dietzkamei and I have asthma. I -- we recently
moved -- 16 years ago we moved to Fresno and three years
after that, I had my first asthma attack. When we moved
here, I had no idea this is the most -- Fresno city was
the most polluted area in the San Joaquin Valley in the
United States.
Since we've moved here, recently a freeway was
built near our home. More recently, a business park was
built near our home, which brings in large trucks for the
businesses that are growingly being -- are present in the
business park. There will be a lot more trucks coming,
because there are a lot more businesses being built.
I absolutely urge adoption of this modified ACT
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Rule. It is so important to those of us who have asthma
and those of us who live in areas with concentrated mobile
sources.
The -- I want to thank the Board, the staff, the
advocates, the public, all of the people who have put so
much time and effort into this rule. I want to recognize
the presentation of Paul Miller. He had -- did an
outstanding job of illustrating the need for this ACT
Rule.
this.
I thank you for your attention. Please pass
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Morgan Caswell. Morgan, I've
activated your microphone. You can unmute yourself and
begin, please.
Morgan, are you there? I see you have your
microphone unmuted, but I can't hear you.
Okay. Morgan, our call-in number is on screen
with access code. If you can call in, I'll call you a
little bit later, if that's okay.
So our next speaker is Cristel Gonzalez. And
after Cristel, we have Jeff Pickles, Veronica Pardo, and
Tiffany Roberts.
Cristel, I have activated your microphone. If
you can unmute yourself, you can begin.
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MS. GONZALEZ: Hello. My name is Cristel. I'm
in seventh grade. I'm a youth leader with CAUSE from
Oxnard. And we support the ACT Rule.
The California Air Resources Board is proposing
manufacturers to build more electric trucks. It's
important to me, because simple things like ordering
online is no big deal for some people. But for us that
live in communities where those items are shipped in or
out, the air pollution gets worse with all these diesel
trucks coming in and out of our neighborhood --
neighborhoods. We need more electric trucks, so that my
neighborhood can breathe.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Next up, we have Jeff Pickles. Jeff, I have
activated your microphone. You can unmute yourself and
begin.
MR. PICKLES: Can you hear me now?
BOARD CLERK SAKAZAKI: We can.
MR. PICKLES: I'm Jeff Pickles with Green Grid,
Inc. I support the ACT Rule. Thank you, Mary Nichols for
reminding us that zero-emission electric trucks can be
battery or hydrogen fuel cell. Appreciate that.
Thank you again to all the speakers so far.
mean, I can hear the heartfelt passion and desire for
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zero-emissions trucks, and I share that with everyone.
I request that CARB strongly include renewable
hydrogen production and hydrogen fueling stations in
parallel efforts to support that ACT Rule. Please allow
me to paint a big picture for your consideration by
discussing a few points about hydrogen, if I can do that
in less than a minute.
We have performed many techno-economic analysis
of zero-emission solutions. And the results show that, in
general, hydrogen has a lower lifetime cost and better
economics for the end-user than batteries. This is due to
the inherent longer lifetime of hydrogen storage tanks and
fuel cells compared to batteries, as well as the systems
having better energy density, cargo capacity, and the fast
filling nature of hydrogen.
Investments are -- and infrastructure are needed
for either battery or hydrogen. In the case of battery,
those investments may be the burden of our electric
utilities, which will be paid by ratepayers, and it may
not meet our greenhouse gas cost targets, expectations, or
schedule. Investments in hydrogen avoid the new electric
transmission distribution and interconnection and storage
investments and utilities also need large renewable
storage. So there's kind of an overlap of these needs.
Vehicles that use renewable hydrogen can be
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verified to use a hundred percent renewable energy in
zero-emissions energy, but it's very difficult to verify
the content of battery charging.
Electric utilities also have zero-emission
targets and they need gigawatt hours of renewable storage,
which is very challenging with batteries, considering the
lifetime costs and potential for thermal runaway which is
a fire risk.
So leading countries around the world are all
enacting national renewable --
BOARD CLERK SAKAZAKI: Excuse me.
MR. PICKLES: -- hydrogen programs, including
directly coupled renewable generation --
BOARD CLERK SAKAZAKI: Your time has concluded.
MR. PICKLES: -- hydrogen production storage and
generation. And so we think that California is a great
market to --
BOARD CLERK SAKAZAKI: Your time has concluded.
MR. PICKLES: -- do that as well.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Before we move on to Veronica, I want to try
Morgan Caswell one more time. Morgan, I have activated
your microphone. If you are there, you can unmute
yourself and begin.
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MS. CASWELL: Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. CASWELL: Hello?
BOARD CLERK SAKAZAKI: Yep, we can.
Can you not hear me?
That's odd. Morgan, if you're there, you can
start speaking.
Okay. So, Morgan -- okay. So, Morgan, if you
can't hear me -- if you can hear me, you can use the
call-in number or dial -- and once you use the call-in
number and access code, you can dial star nine to raise
your hand. I'm not sure what the problem is there.
Hopefully, we can figure that out.
So for now, we'll move on to our next speaker,
Veronica Pardo. Veronica, I have activated your
microphone. You can unmute yourself and begin.
MS. PARDO: Thank you. This is Veronica Pardo
with the Resource Recovery Coalition of California. Our
association is comprised of both national and California-
based small- to mid-sized independent solid waste and
recycling companies. Committed to California's
environmental goals, our members have a long history of
innovation. Among the first to recycle, compost, and
produce renewable energy from organics in the state, these
businesses have worked alongside their cities and counties
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to surpass California's mandated waste diversion goals.
As essential service providers during the
COVID-19 emergency, we continue to provide essential
services to protect health and safety for our communities,
but not without considerable financial impacts.
Shelter-in-place orders and non-essential
business closures over the last three months have caused
immediate and dramatic change in waste collection services
and material volumes. And as of May 1, 2020, our members
were projecting an 18 percent drop in gross revenue due to
COVID-19 impacts.
While we see business starting to improve, we do
anticipate the full financial impact of COVID-19 emergency
won't be realized for several months. And with California
facing a $54 billion State deficit and cities anticipating
a $7 billion general revenue shortfall, we need to address
California's recovery and encourage infrastructure
development that will stimulate the local economy and
creating green jobs, and improve community resiliency.
CalRecycle SB 1383 regulations, which begin
January 1, 2022, require organic waste recycling across
California and will create tens of thousands of jobs
through 2030. And these regulations are a critical
element of CARB's Short-Lived Climate Pollutant Strategy
to reduce methane emissions.
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We see this as an incredible opportunity to close
the loop on California's organics and displace fossil
fuels with in-state RNG. This is why we strongly
supported the ACT definition to include near zero-emission
vehicle to include the 0.0 gram low-NOx standard when
coupled with in-state RNG.
We look forward to discussing how the Omnibus
Rule might serve as a counterbalance to our concerns and
help support advanced organics management infrastructure.
And we'll be providing a white paper for staff and Board
members to outline SB 1383 organic infrastructure
expectations.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Tiffany Roberts. After
Tiffany, we have Paola Dela Cruz-Perez, Kevin Maggay, and
Taylor Thoma.
So Tiffany, I have activated your microphone.
You can unmute yourself and begin.
MS. ROBERTS: Thank you, Ryan. And good
afternoon Madam Chair and Board members. This is Tiffany
Roberts, Vice President of Regulatory Affairs for Western
States Petroleum Association. Let me start by saying that
we absolutely agree that achieving emission reductions in
communities around the State must be a priority.
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Immediate progress on this front requires us to
keep all technologies on the table to achieve our mutual
goals. That means including in this rule consideration of
technologies that we have today that can reduce emissions
much more quickly, things like lower-emission diesel,
renewable diesel, biodiesel, natural gas hybrid
powertrains, and especially renewable natural gas vehicles
can deliver and achieve significant reductions in both air
quality emissions and greenhouse gases emissions today,
often at costs lower than options proposed in this
regulation.
But the proposed regulation does seem to
essentially discount the potential contribution of the
technologies and disregards the immediate benefits of
emission reductions that could be achieved today, and
instead steers the State into a different direction.
Even though there's been a nod to the Low-NOx
Omnibus Rule, separating out near-zero technologies from
the Advanced Clean Truck Rule, not only devalues the
potential contribution that other technologies could bring
to the table, it undermines the original process which
seemed to be trying to find a comprehensive solution.
Now, what you have before you is much more of a fragmented
and siloed process that should be comprehensive. And this
fragmentation really does end up denying both you as the
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board and the public the chance to compare across
different technologies and pick the best pathway.
All technologies and available pathways should be
considered together comprehensively in order to find the
best path forward. So we would ask you not to choose to
forego emissions -- early emission reductions and instead
move to help communities sooner.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Next up, we have Paola. I have activated your
microphone. You can unmute yourself and begin your
testimony.
MS. DELA CRUZ-PEREZ: Buenas tardes. My name is
Paola Dela Cruz-Perez. And I'm calling from the City of
Compton. As a member of East Yard Communities for
Environmental Justice, I'm here to urge you for a stronger
ACT Rule. I live in one of the quote/unquote
disadvantaged communities mentioned in your presentation
earlier. Every day I see cargo trucks by the 91 freeway,
Wilmington Avenue Ramp, which some of you may know is a
central freeway entrance/exit near warehouses. I also see
them on Alameda Avenue as they head to and from downtown
Los Angeles.
While white communities contribute more to air
pollution, the truth is that we breathe the toxic air.
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And the numbers are clear, COVID-19 is disproportionately
killing black, indigenous, and brown people because of
structural and environmental racism. For too long
agencies and policies have allowed high levels of
pollution to concentrate in our neighborhoods.
This should merely be a motivation for you to
strengthen and approve the ACT Rule, not succumb to
external pressures and halt this effort. Here is our
request to you. We need CARB to increase the sale
percentage for Class 7 to 8 trucks, the ones I see in my
hood.
To understand why we are requesting this, one
needs to understand the root causes of pollution, and
frankly live in what many call the quote/unquote
disadvantaged community. Why do we past, current, and
future generations of communities of color have to live
with chronic illnesses caused by air pollution?
Why do our bodies have to bear the
disproportionate costs of pollution. While the ACT Rule
is a place to start, we urge you to pass a policy that has
meaningful impact and begins to address environmental
racism. Do what is right. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Kevin. I have unmuted your
microphone. You can unmute yourself and begin.
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Kevin Maggay, are you there?
MR. MAGGAY: Sorry. Can you hear now?
BOARD CLERK SAKAZAKI: We can.
MR. MAGGAY: Thank you. Good afternoon, Board
members, Kevin Maggay with SoCalGas. We support the ACT
and we would also like to see the definition change that's
been mentioned already. We would like the definition of
near zero trucks to include the low NOx 0.02 gram engine,
which was used by CARB in the 2016 Mobile Source Strategy,
and that the corresponding changes to the credit provision
be made to make them eligible for partial credits.
The Class 7 and 8 trucks are going to be the most
difficult ones to electrify, which I assume is why staff
included a multiplier for all these classes. They're just
not widely available in the near term. So in the near
term, consumers are going to have to choose between a
conventional 0.2 dram engine or technology that's not
quite there yet.
And I think to them, the choice would be petty
easy. Giving a partial credit for Class 7 and 8, even if
just for a limited time would give consumers another
choice to upgrade, they could upgrade to a technology
that's 90 cleaner than they would have -- what they would
have gotten otherwise.
I don't think that adding near-zero trucks
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prevents the penetration of zero emission trucks. Staff
predicts that zero-emission trucks will be cheaper
mid-decade. And when that happens, people will flock to
it and it will also provide time for infrastructure
build-out, and ironing out the technology.
I think making that proposed change, all it does,
it merely provides emission reductions until that time --
until it comes to fruition.
We think that ACT can be effective and it's a
very, very much needed long-term strategy. But without a
change like this, I'm concerned that the ACT does very
little to address near-term air quality and does very
little to address public health impacts that are being
suffered today.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Before we move on to Taylor, we have Morgan, I
think, on the phone. Morgan, are you there?
MS. CASWELL: Great. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. CASWELL: Great. Sorry about that. Just as
an FYI, the phone number that's on the screen, the
response that I got from it was that it was invalid. So I
went to the website to get the correct phone number and ID
for the meeting.
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Good afternoon, Board -- CARB Board members and
Chair Mary Nichols, thank you for this opportunity to
comment on the proposed Advanced Clean Truck Rule. My
name is Morgan Caswell, and I am the manager of Air
Quality Practices for the Port of Long Beach. We believe
this proposed rule will help to increase the availability
of heavy-duty Class 7 and 8 zero-emissions trucks in the
South Coast Air Basin and statewide.
Availability of these trucks will be essential
for the State to achieve their greenhouse gas reduction
goals and for the Ports of Long Beach and Los Angeles to
achieve their zero-emissions goal for drayage trucks
serving the ports by 2035 as established in the San Pedro
Bay Clean Air Action Plan.
For these reasons, and to ensure public health
benefits for our communities, the Port of Long Beach is
supportive of the proposed rule. We look forward to
continued collaboration and coordination with CARB staff
on implementation efforts to reduce emissions from
heavy-duty trucks.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. Sorry. Forgot
to unmute myself.
Our next speaker is Taylor Thomas. After Taylor,
we have Leah Silverthorn, Neena Mohan, and Mirella
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Dinez-Zaragoza.
Taylor, I have activated your microphone. You
can unmute --
MS. THOMAS: Hello.
BOARD CLERK SAKAZAKI: Yep. Hello.
MS. THOMAS: Hi. My name is Taylor Thomas. I'm
from Long Beach in Southern California on the ancestral
homelands of the Tongva people. And I'm with East Yard
Communities for Environmental Justice.
And I think this rule takes on a different type
of significance for frontline communities, because we live
with these trucks every day. And I think back to the
years when I had to sit every day and watch drayage trucks
pass a few front of me -- a few feet in front of me,
excuse me. And I never could have conceived that those
trucks that I saw could one day be zero emissions.
And when I was 18 and I began attending Cal State
Long Beach, I had to catch the bus to school every morning
at this highly trafficked junction two blocks away from my
home. This bus stop is at the intersection of Pacific
Coast Highway and the on- and off-ramp to the 710 Freeway
in West Long Beach, and with these trucks coming and going
to the ports and the ICTF intermodal facility.
And that was the first time that I noticed that
other neighborhoods didn't have freeways behind their
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homes. I didn't think twice when I showed up to class
wheezing, because I had asthma and I thought the flareups
that I experienced were just part of the deal.
So I would get on that bus to go to school on the
other side of town and watched as my city completely
changed from one end to the other.
And this is a common experience in frontline
communities across the state. The only difference between
then and now is that the bus stop has since moved down
half a block. Truck traffic has increased and we have now
a new Prologis warehouse about a mile away from that
intersection.
This rule is a huge step in beginning to address
the health inequities that are created by the goods
movement industry, but more can be done. And my ask to
the Board today is that you strengthen the sales targets
for heavy-duty trucks and pass the ACT Rule today. We
need zero emissions now. When we want to solve a problem,
we solve it. When we want to pretend to solve a problem,
we address a symptom of the problem while ignoring
solutions that get at the roots of that issue.
Our communities are suffering from pollution
burdens and a lack of access to sustainable jobs, and we
don't need or want Band-Aid false solutions like natural
gas trucks. We need regulation that move us into a
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healthy and equitable future.
So again, please increase the targets for Class 7
and 8 and vote yes today. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
I apologize to everyone for the incorrect access
code. Are we ready to -- we'll put that -- the right one
up shortly.
Our next speaker is Leah Silverthorn. Leah, I
have activated your microphone. You can begin your
comment.
MS. SILVERTHORN: Good afternoon, Madam Chair and
members. Leah Silverthorn with the California Chamber of
Commerce. I want to start by thanking the Board for its
guidance at the December meeting as well as to staff for
implementing changes to the reporting aspect of the rule,
since the December meeting.
From Chamber's perspective, the reporting aspect
is great improved and it will streamline and simplify the
reporting requirement. However, the rule does still
require significant interpretation by the regulated
community and doesn't address enforcement penalties. So
we hope that if the Board does choose to adopt the
regulation today without the necessary fixes to language,
the resources will be dedicated to the technical support
that will be required to comply with this rule, which
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applies immediately to businesses throughout California
that are already struggling to recover and keep their
workers safe.
I do want to point out one major issue that
remains in the reporting rule. Because of the revisions
to definitions, and I've outlined this in our comments,
the revised reporting rule would now apply to a company
that only owns light-duty vehicles, if they happen to have
one large truck or even just one large passenger pickup
truck. I don't think that was the intent of the Board or
the staff, so we're asking for additional clarity on
whether these light-duty companies would be covered.
In addition, we do support the request today to
adjust the definition of near zero to ensure more
immediate air quality improvements.
Finally, because this rule is a statewide
percentage mandate that does not ensure adoption in
disadvantage communities, as corresponding fleet rules are
developed over the next year, we do encourage ARB to
continue to work with its sister agencies in GO-Biz and
others to look at barriers to adoption and encourage
incentives and carrots for deployment, especially those
that can facilitate higher adoption in disadvantaged
communities to achieve the triple goals of reducing carbon
emissions, improving air quality, and encouraging job
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growth in these disadvantaged communities.
Thanks for your time.
--o0o--
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Neena. Neena, I have activated your
microphone. You can unmute yourself and begin.
MS. MOHAN: Hello and thank you. My name is
Neena Mohan with the California Environmental Justice
Alliance, a statewide policy organization that's dedicated
to building the power of local environmental justice
organizations across the state.
I am here to share the concerns of many CEJA
members living in diesel death zones and areas of high
emissions exposure from freight movement and ask for the
adoption of the ACT Rule and a commitment from CARB to
adopt additional stricter subsequent standards that
protect public health.
We stand in solidarity with our directly impacted
members who live in port communities, near warehouses, and
next to high traffic freeways across the state.
Current life-threatening levels of freight
pollution require you to adopt the ACT Rule today. But
this rule does not go far enough to protect public health.
CARB must institutionalize, strengthen, and speed up
timelines and targets in subsequent rules for
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electrification and adoption of zero-emissions vehicles to
meet the State's climate, health, and equity goals.
We owe it to disproportionately impacted
communities experiencing pollution now to be more
ambitious and accelerate heavy-duty sales targets. CARB
should also not permit or promote false solutions, such as
polluting natural gas powered trucks under implementation
of the ACT and related rules.
Additionally, attaching strong labor requirements
to these rules is critical. Research has shown increased
COVID comorbidity in communities facing high rates of air
pollution. The logistics industry has increased due to
eCommerce demands under COVID. And this related increase
in emissions necessitates strong mandates from the State
to rapidly electrify medium- and heavy-duty fleets,
especially for our communities living in goods movement
corridors.
CARB, you have an obligation to build a future in
which all Californians can live free from toxic pollution.
The ACT Rule is meaningful step forward in the right
direction, which will surely benefit the lives of
Californians, but there is still much more urgent work to
be done in order to protect public health.
We look forward to continuing to partner with you
on this. Thanks again for your time today.
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BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Mirella Deniz-Zaragoza.
After Mirella, we have Stephanie -- Stephane Ly, Yesenia
G. and Ben Granholm.
Mirella, I have activated your microphone. You
can unmute yourself and begin.
MS. DENIZ-ZARAGOZA: Great. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. DENIZ-ZARAGOZA: Okay. Good afternoon,
everyone. My name is Mirella Deniz-Zaragoza. And I'm
speaking on behalf of the Warehouse Worker Resource
Center. Thank you to Chair Nichols, Board members, and
CARB for your leadership and I ask you move forward with
the rule before the Board today as written. The Warehouse
Worker Resource Center is an organization dedicated to
improving working conditions for warehouse workers and
their families across Southern California. We are based
in the Inland Empire, a region dominated by logistics
trucking and warehousing.
We believe a strong Fleet Rule is critical to the
economic and physical health of our community as workers
and as residents who breathe the air and raise families in
communities impacted by air pollution. We know that both
pollution and climate change have the largest effects on
the most vulnerable poor and working class black and brown
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people in places like the Inland Empire. People of color
disproportionately live in high density areas of
pollution, such as freeways and large manufacturing
warehousing facilities.
We believe that strong reporting and transparency
will allow for the rule to be enforceable and give us
clarity about its impacts and effectiveness. In addition,
we are especially concerned about the financial burden
that independent and misclassified drivers may face as
they will be handed the cost of the new equipment.
Drivers are one piece of a massive global system
controlled by shippers like Amazon and Walmart.
We believe that a reporting requirement will help
assess the roles of shippers and also the scale of
trucking companies involved. A robust rule to help us
understand the scale of the task at hand is key for
measurability and also for us to ensure that drivers are
not unduly burdened through this process.
Independent contractors make up a huge portion of
the truck out of compliance with clean air regulations in
California, forty percent of last year's with the Truck
and Bus Rule. Contractors make very little and can face
high financial costs and are highly exploited by their
employers. We as workers rights' advocates stand side by
side with community leaders, public health advocates, and
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the environmental justice movement in support of a strong
Fleet Rule with strong reporting requirements.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Stephanie. Stephanie, I have
activated your microphone. If you'd like to -- yep, you
can begin.
MS. LY: Good afternoon, Chair Nichols and CARB
Board. My name is Stephanie and I'm based in San Diego at
Transpower Meritor. We're a manufacturer of electric
powertrains for medium- and heavy-duty vehicles. We've
received generous funding from CARB, CEC, air districts,
ports, and other agencies to perform proof of concept and
demonstrations of over 180 zero-emission trucks, equipment
and vehicles and we're not in the commercial deployment
stage.
This ACT rule, as well as other incentive
programs come at a really critical time in our
development. We have formed partnerships with
traditionally internal combustion engine manufacturers to
electrify their products. We strongly support the
adoption of the Advanced Clean Truck Rule.
The percentages outlined are aggressive and the
industry will need to ramp up in terms of infrastructure
and support. The ACT Rule would create high-quality
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manufacturing and clean technology jobs, while also
securing California's economic leadership in the
zero-emission heavy-truck -- -duty truck market, with the
ability to actually export to other states and countries.
I would just urge the Board to really consider
incentives and other policies that would align with the
ACT Rule during this critical phase amidst the pandemic to
secure California's leadership and future.
Thank you so much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Yesenia. I have activated
your microphone. You can begin your comments.
MS. YESENIA G.: Oh, hi, can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. YESENIA G.: Okay. Hi. Good morning, Board
Members. My name is Yesenia and I'm a youth leader
involved with CAUSE from the City of Oxnard, and I support
the ACT Rule. I'm here today to voice my opinion on
diesel trucks and the impact it has on communities like
mine. I would also like to speak about how we can support
truck drivers, since it is hard to maintain diesel trucks.
Coming from the City of Oxnard, I've noticed many people
have asthma. We are in the 90th percentile of asthma
rates in the state and have a higher chance of getting
asthma. Some of my family members have been affected by
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the pollution and have gotten asthma because of the
pollution from power plants, pesticides factories,
factories, toxics waste, et cetera.
Growing up, I saw my younger sister connected to
oxygen tanks not being able to breathe properly. I would
ask my mom why she had to be connected and why was it so
hard to breathe. Was she born sick? Maybe she wasn't
strong enough. Maybe she didn't know how to breathe. It
wasn't just my sister. It was my father too. He would
cough and gasp. And from the noises he made, you can tell
it hurt.
All I see is an ongoing cycle, a cycle of
pollution and bad lungs. Our lungs are being
contaminated, but you don't want to listen. How long
until you hear us? Do you want to be affected? Let me
tell you, you are not going to be affected. Why? You
live in a neighborhood where diesel trucks wouldn't even
dare to drive down. But why is this issue so important to
me and my family? Because not only does it affect my
family, but it affects countless others. Will my kids
have asthma or worse cancer? Is this just going to be an
ongoing cycle of bad lungs plus bad air in the diesel
trucks?
And the diesel trucks are contributing to these
health issues. In fact, diesel emission has been proven
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to be linked to cancer. They cause a lot of pollution and
they're always causing traffic, which increases more time
cars are on doing nothing, and that causes more pollution,
even if it's just for a second.
Most of the drivers are not provided with health
care -- health care rights that should be given to the
workers. Companies are not giving the rights that should
be guaranteed to the drivers. And also, the companies are
not taking care of the trucks, putting that burden on
drivers. Most drivers have to take the money to maintain
the cars out of their pockets.
This is why I'm here to stop the pollution in my
city and to help the truck drivers get their rights. I
urge you to pass this policy for clean trucks --
BOARD CLERK SAKAZAKI: Your time is up.
MS. YESENIA G.: -- and strengthening reporting
requirements. Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Ben Granholm. After Ben, we
have Beverly DesChaux, David You, and Jennifer Martinez.
Ben, I have activated your microphone. You can
unmute yourself and begin.
Ben, are you there?
Okay. We'll move on to Beverly. Beverly, I've I
activated your microphone.
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MS. DESCHAUX: Hi. My name is Beverly DesChaux.
I'm the president of Electric Auto Association of the
Central Coast. We have over 80 chapters across the U.S.
And we're the longest EV group that we know of over 50
years. The engineers putting vehicles on the moon said if
we're doing it there, why shouldn't we do it on Earth.
So 40 -- we know that 45 percent of California's
emissions are coming from vehicles. And even greater than
that, in our Central Coast Region, the five counties that
are included in the Monterey Bay community power region,
we have 82 percent emissions coming from vehicles. So I
strongly support -- we strongly support this ACT.
However, we are informed by our electrical
engineers who are very forward-thinking from Silicon
Valley about the dangers of going down the road of the
hydrogen fuel cell. They are currently all produced by
fossil fuel. We believe that it is the fossil fuels way
of keeping in the game by going hydrogen, and they are
actually half the efficiency of batteries. Batteries are
increasing in their efficiency and reducing in their cost.
We also are plugging into our Community Choice
Electricity, which is 88 percent carbon free, twenty-one
community choice aggregators in the State of California
now whose goal was to reduce our emissions and we have
succeeded with 88 percent. So as we're plugging in, we're
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not -- we're also getting our source from carbon free,
whereas, hydrogen is not.
And so just looking at the tailpipe is not
enough. Where it's produced needs to be considered as
well. Norway has 80 electric ferries and all of their
inland flights are by electric also.
Thank you.
BOARD CLERK SAKAZAKI: Thank you. Before we move
on to David, I want to try Ben one more time. Ben
Granholm, are you there?
MR. GRANHOLM: Yes. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. GRANHOLM: Thank you so much. And my
apologies on that. I'm having some Internet connectivity
issues.
My name is Ben Granholm. I'm with the Western
Propane Gas Association. First off, thank you for the
opportunity to provide comment today. WPGA respectfully
requests in addition to the definition of near
zero-emission vehicle to include the currently certified
low NOx 0.02 gram engine and corresponding changes to the
NZEV credit provisions, such that near-term air quality
benefits are incentivized in this rulemaking.
WPGA, along with many others, are strong
supporters of clean energy and believe that low-NOx
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heavy-duty trucks using renewable fuels will be a vital
piece to reducing greenhouse gas emissions in the
transportation sector, especially over the near term,
where heavy-duty zero-emission vehicles continue to remain
largely unavailable.
Renewable fuels, such as renewable propane,
provide a great opportunity to reduce greenhouse gas
emissions today without compromising power. Renewable
propane is derived from sustainable sources, like beef
tallow or vegetable oil The use of renewable propane, for
example, and near zero propane trucks significantly
reduces carbon emissions and NOx emissions that remain to
be an important focus in many areas of California.
The need for energy diversity remains vital in
all sectors of our transportation network. WPGA strongly
encourages the Board to think holistically on how to best
invest and regulate clean technologies to ensure the most
significant greenhouse gas reduction impact, and that the
ACT Rule should focus on the emissions reductions goals,
based on a complete energy lifecycle basis.
WPGA appreciates your work in this area and hopes
that the Board will include low-NOx truck in the
definition of zero-emission vehicle. Without these
requested changes, we fail to see how this regulation
achieves near-term air quality and public health benefits.
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We look forward to continuing to work with you as the
State strives to reduce greenhouse gas emissions through
comprehensive clean energy solutions.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next comment is David Yow. David, I have
activated your microphone. You can unmute yourself and
begin.
MR. YOW: Good afternoon, Chair Nichols and Board
members. Thank you. David Yow with the Port of San
Diego. Thanks -- thanks to you all for CARB's hard work
developing the proposed regulation and we're thankful for
the transparency you've provided along the way. The Port
of San Diego supports the State's vision to reduce
emissions of criteria pollutants and greenhouse gases from
mobile sources.
Requiring a certain percentage of sales to be
zero emission is really, really helpful to advance the
technology, reduce costs, and obviously make those trucks
much more competitive economically.
Our port established a Clean Air Plan to reduce
emissions from the maritime sector. And we -- we were one
of the first ports in the nation, I think, to adopt a
Climate Action Plan for GHG reductions. So we've seen
those emissions decrease, just like the state has.
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Mobile sources, however, are one of the largest
sources of emissions in the inventory and we need help to
achieve further reductions that we see.
The good thing is technology is advancing quickly
and we're updating our plan to help with that. And these
advancements that we're discussing today are going to be
part of that. We have been able to make progress so far
thanks to grant funding. So we want to thank you for that
first.
Just a few lessons learned. Electricity rates
are higher in San Diego than any part of the state. So
when we look at vessels at-berth, cargo equipment
vehicles, those higher rates are going to impact the cost
of electrifying the freight supply chain in our region.
So the second lesson, more funding for those
oversubscribed programs and then -- and then the third is
support for those smaller fleets. There's a lot of -- a
lot great reasons to -- to adopt the technology, but those
incentives would help the small folks. And then the last
one is on reporting to make sure that there's proper
education to help it go all the way and get all the data
that CARB needs to make the regulations succeed.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Jennifer Martinez. After
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Jennifer, we have John Costantino, Chris Shimoda, and Urvi
Nagrani.
So, Jennifer, I've activated your microphone.
You can unmute yourself and begin.
MS. MARTINEZ: Okay. Good afternoon, Chair
Nichols and members of the Board. My name is Jennifer
Martinez. I am youth leader with CAUSE, Central Coast
Alliance United for a Sustainable Economy in Oxnard,
California.
Along with CAUSE, I support the ACT Rule. I have
lived in Oxnard my whole life and have seen the impacts
that diesel trucks has on my community and the working
class. Many members of the communities that I know have
respiratory issues. And the cause is the polluted air
here in our city, due to the use of diesel trucks. And
with the proposal of expansion of the Port of Hueneme,
this will get much worse.
The health of our community members are crucial,
since many of them are essential workers, more
specifically, agricultural workers that cannot sacrifice a
day to go to the doctor or stay home in fear of losing
their jobs and because effects of the pandemic has greatly
affected their well-being, their financial situation, and
their living situation.
We must address the pollution problem to ensure
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that pollution does not become a norm in marginalized
communities.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is John Costantino. I have
activated your microphone. You can unmute your -- unmute
yourself and being.
MR. COSTANTINO: Great. Thank you. Good
afternoon Chairman Nichols and members of the Board. I
appreciate the opportunity to comment. I am John
Costantino and I'm speaking today on behalf of Trillium.
Trillium is a provider of alternative fuels and
infrastructure for the heavy-duty sector, including
hydrogen, including electricity, and renewable natural
gas.
Along with the other stakeholders today, the
focus on reducing emissions with renewable natural gas
vehicles and fuels, we are requesting the Board strengthen
the rule by directing the additional definition of
near-zero vehicle to include certified low NOx. The new
heavy-duty marketplace is big enough for the rule -- for
this rule to include low NOx fueled vehicles and trucks.
This is not an "and" but an -- this is an "and"
not an "or". And including the provision for the early
years, we'll have the ability to add to the ZEV
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technologies down the road. It will not harm that
mandate.
Even given the aggressive sales mandate in the
rule, in ten years there will still be 70 percent of the
non-zero -- 70 percent of the trucks will be non-zero.
And shouldn't we be producing as clean a vehicle as
possible in the interim.
An example, last year, 17 million cars were sold
in the-- in the United States. Only one car had a five
percent market share, the Ford F150. And this rule
requires heavy-duty trucks to make that five percent in
four years going from zero today, and then double again,
and double again, and double again.
Trillium is fuel agnostic and will -- and is
already building the fueling infrastructure of the future,
but there is no plan B in this rule except for diesel.
This doesn't have to be the case.
Following the other low-NOx trucks -- allowing
low-NOx trucks will help provide near-term air quality
benefits.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next commenter is Chris. Chris, I have
activated your microphone. You can begin.
MR. SHIMODA: Good afternoon, Chair Nichols and
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Board members. Chris Shimoda with the California Trucking
Association. First, we'd like to acknowledge the steps
taken to streamline reporting. We appreciate the
flexibilities provided and the alternative approach taken
for facilities. Second, with regard to the sales
percentages, ACT was conceived and debated during the best
of economic times and with a seemingly endless supply of
incentive funds.
Because of the capability of today's technology,
suitability was found to be limited to specific duty
cycles and use cases. The proposal before you in
December -- in December reflected that work and was
ambitious, essentially proposing to have the commercial ZE
market surpass the mature light-duty market in a matter of
three years.
But to put it mildly, the world has changed since
December. We have a $54 billion State budget deficit, a
near zeroing out of the GGRF, or record unemployment, the
signs of pandemic-related economic stress and recession
are all around us. Based on experience from previous
downturns, public and private resources will tighten for
years to come. This is all to say that our collective
degree of difficulty has only increased since we last met
in December.
CTA's members and their manufacturing partners
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have pioneered the testing and demonstration of
zero-emission trucks for over ten years. To take the next
step in successfully creating a zero-mission truck market,
there's much to be done by all stakeholders and we look
forward to our continued work with your agency.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Urvi Nagrani. After Urvi, we
have Jesse Marquez, Justice Sandoval, and Yvonne Martinez
Watson.
So Urvi, I have activated your microphone.
MS. NAGRANI: Hi. My name is Urvi. And I'm
speaking on behalf of myself. I've submitted some written
analysis and would urge staff to review the full comments.
But the main points that I've got are we are in a
climate crisis and we need to accelerate this market more
than is comfortable. And right now, we have a rule that
is both feasible and not necessarily ambitious enough,
even though people are dragging their feet.
However, there are two technical areas where I
think minor tweaks could be made to the existing rule and
lead to a better outcome for California.
The first is as it relates to near zero-emission
vehicle definitions. Now, unlike those who are advocating
for natural gas solutions to be included, what I actually
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think would be a better near-zero definition is one that
includes the fact that vehicles don't always just drive.
Work trucks primarily use their power to function the work
functions, not to drive.
And so a definition of all-electric mile range be
necessary to get a partial emission credit doesn't allow
solutions that would, for example, electrify the auxiliary
functions and reduce stationary emissions. There's data
from both Argonne National Lab and Oak Ridge National
Laboratory on their assessments on the amount of those
emissions, and I urge you to look into them
And the second is that the zero-emission
powertrain rule is linked to this and there are additional
compliance costs that would be on every manufacturer, not
just those who manufacture internal combustion engines.
Those extra costs will make it harder for new market
entries. And I believe that there are ways that you could
incorporate a waiver, so that a start-up entering the
market can scale more rapidly without having to incur
those costs that are assuming that emissions will be
reduced, because you're transitioning from an ICE system
to an electric system.
Whereas, if you've got a ZEP certified system and
a non-ZEP certified, also electric systems, there are no
emissions reductions. My full letter has more details on
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both.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Jesse Marquez. Jesse, I have
activated your microphone. If you'd like to unmute
yourself and begin your testimony.
MR. MARQUEZ: Good afternoon, Chairman and
members of the Board. My name is Jesse Marquez. I've
been a lifetime resident of Wilmington, California. The
Port of Los Angeles is physically located in Wilmington
and the Port of Long Beach is our neighbor.
Many of you may have, you know, difficulty trying
to understand from a resident's perspective, but let me
make it very clear. Every day we have 35 to 40 thousand
diesel trucks a day passing through our Wilmington, San
Pedro, Long Beach, Carson, you know, and Compton
communities.
It is a living nightmare. These trucks were
supposed to be taken off the freeways and roads, and be
put onto the Alameda Corridor. The public supported
spending public money, billions of dollars, to build the
Alameda Corridor and for the purpose of taking the trucks
off the roads.
But we have government agencies, such as ACTA and
the ports who really don't want to use the Alameda
Corridor. So here we are 15 years later, it's only being
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used at about 30 to 35 percent capacity. So we support
transitioning to a zero-emissions freight truck technology
and for all public transportation. And I also want to
give you an idea too, that when the ports and industry
talk to you about what is currently available, our
organization almost monthly publishes an update of
zero-emission technologies.
Right now, there are 11 Class 8 trucks that you
can order and purchase today now. There's ten tractors
that you can purchase today now. Now, they may not all
able to go three, four, five hundred miles, but everyone
of them can do short distances.
So we want no extension for all communities that
bordering ports, and freight transportation corridors, and
warehouse distribution centers. We want the electric
trucks now. We don't want to wait another three, four,
five, ten years, when they are available today now.
So please, you know, increase the time to start
in 2021. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Justice Sandoval. Justice, I
have activated your microphone. You can begin.
MS. SANDOVAL: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. SANDOVAL: Hi. My name is Justice. And I'm
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a community member and youth leader in San Bernardino.
And I also volunteer with the Sierra Club. And while big
corporations like Amazon are seeing an increase on
consumerism due to staying at home during COVID, cities
like mine have been shown to be essential during this
time. But we are feeling the negative effects on health
tremendously.
The people I love that I see every day are
struggling to breathe and are constantly needing
assistance from their inhaler, which causes a delay in
their everyday life. Not voting for this zero-emission's
rule at a time where we are seeing a deadly virus that
attacks your lungs feels like a hate crime.
My community is black, brown, and low income.
And while the odds seem to be against us at every
direction, you can help change the way that we breathe.
You can give us a clean breath, something that my youth
and myself have not experienced here in this IE, but
something that we deserve.
There is a current uprising for people like those
in my community and you have the privilege to decide what
side of history you are on, big corporations that are
killing us and our environment or on the side of the
people and our health.
I ask you to please make the right decision.
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Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Yvonne Martinez Watson.
After Yvonne, we have Kathy Kerridge, Jim Smith, and Sam
Appel.
Yvonne, I have activated your microphone. You
can unmute yourself and begin your testimony.
MS. MARTINEZ WATSON: Hi. Good afternoon. My
name is Yvonne Martinez Watson. I'm the Chair of the
Environmental Justice Committee for the Sierra Club
Angeles Chapter. We urge you to pass the Advanced Clean
Truck Rule.
I'm a resident of Montebello, an SB 535
disadvantaged community, burdened by high levels of
environmental pollution, including bad air quality from
fossil fuel emissions. As you've heard, communities like
mine are being hit hard by COVID-19. And we are at much
greater risk for poor recovery outcomes and substantial
organ damage due to our prior exposure to air pollution.
I have severe asthma. Last year, I was
hospitalized twice with respiratory failure. I know what
it's like to be intubated and put on mechanical
ventilation. It's a traumatic experience and I wish
nobody else would ever have to experience it.
Lives are at risk now. We need the Advanced
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Clean Truck Rule now. Please act now.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Kathy Kerridge. Kathy, I
have activated your microphone.
MS. KERRIDGE: Thank yo. I'm Kathy Kerridge.
I'm with 350 Bay Area Action. And we submitted over 600
name in support of this rule in May. I'm also
representing Benicians for a Safe and Healthy Community.
We're in the midst of a climate crisis. As a new
grandmother, I want my grandson to have a safe and healthy
planet to live on when he's my age. We only have ten
years to reduce carbon emissions by one-half. These
regulations are a crucial step in leading the way to a
safer place to live where don't have to stay inside for
weeks each fall because of fires and we don't have to
worry about how much -- how we will protect our
communities from sea level rise, or how we will deal with
ocean acidification.
This will also make California a healthier place
to live. My daughter just bought a house and I became
acutely aware that in Benicia the only affordable homes
for young families were near the freeway, or the refinery,
or both.
This means that not only are communities of color
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and low-income communities being exposed to terrible air
pollution from diesel trucks, but also increasingly all of
the young families who have to live in these places
because that's all they can afford. This rule can help
clean up exhaust from the trucks on the freeways and make
this a safer place for young children to live.
This can start to have dramatic and long-lasting
improvements on their health.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Jim Smith. Jim, I have
activated your microphone.
MS. SMITH: Thank you. Good afternoon Chair
Nichols, Board Members and staff. Thank you and CARB
staff for your leadership in developing a strong Advanced
Clean Truck Rule. My name is Jim Smith political
coordinator with the Teamsters Union representing drivers
at the Ports of Los Angeles and Long Beach.
It's been a long day and you've heard from a lot
of speakers, many of whom have echoed what I was prepared
to say today, so I will keep my comments short.
But I do want to say that we join with the rest
of labor, the EJ community, and environmentalists in
supporting the rule before the Board today. And we hope
you will include an objective within today's Board
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resolution that will address the problem of truck driver
misclassification in the Fleet Rule.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Next up we have Sam Appel. After Sam, we have
Steven Ellis, Alan Langdon, and Stan DeLizo.
So, Sam, I have activated your microphone. Go
ahead and begin your testimony.
Sam, are you there? I see you on unmuted
yourself, but we can't hear you?
MR. APPEL: Hello. My name is Sam Appel. I'm
with the Blue Green Alliance. We're a national coalition
of unions and environmental groups working to advance high
roads zero-emission economy.
We support the rule before the Board today. A
representative of the California Teamsters Public Affairs
Council, the statewide representative for the Teamsters,
gave me his permission to express his support for the rule
as well.
I want to uplift comments made here today, one
right before mine, and those by many community
environmental justice, economic justice, labor unions, and
environmental groups.
I'll touch briefly on a few key points less
emphasized by my colleagues. Broadly speaking, the ACT
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presents a major step in the right direction on the path
to a high-road, high-equity, low-carbon economy in
California. Here we have a strong manufacturing rule with
a strong reporting rule. We expect a strong fleet --
future fleet rule and we hope for healthy targeted
incentives for high-road employers in the future.
These are the instruments we have to chart a
course for the U.S. on GHGs to protect EJ communities in
California and to delivery high quality jobs to workers
facing various unemployment including those posed by
systemic racism and white supremacy.
You're heard the plight of independent
contractors here today and we've discussed the barriers
truck drivers face to adopting new technology. These are
predominantly workers of color facing working conditions
akin to indentured servitude. Many organizations have
drawn attention to the need to equitably regulate this
section of industry in the Fleet Rule. That means
corporations paying for electric trucks, not workers.
We've also heard today about the promise of
manufacturing and relation jobs and the roll-out of
electric trucks. Many of the jobs in this -- in these
industries are indeed high quality. However, let's be
clear, not all jobs in these sectors are high road, and
they're not necessarily going to stay in California or
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come here, unless we proactively work to make that happen.
Many manufacturing workers, including those in
the State face serial racial and sexual harassment and
health and labor violations, unsafe working conditions,
and insecure work.
Many vehicle manufacturing --
BOARD CLERK SAKAZAKI: Sam, you time is up.
MR. APPEL: -- (inaudible) and the growing spike
chain (inaudible) can be an economic boon to the U.S. and
California or it can materialize elsewhere.
CARB must use its regulatory power and the power
of its --
BOARD CLERK SAKAZAKI: Sam, your --
MR. APPEL: -- (inaudible) be it that California
and the U.S. benefit from the growth of electric trucking.
And we urge you to take a Board Resolution today
to ensure that the Fleet Rule equitably addresses
misclassification in the drivers --
BOARD CLERK SAKAZAKI: Thank you, Sam.
Our next speaker is Steven Ellis. Steven, I have
activated your microphone.
MS. ELLIS: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. ELLIS: Great. Thank you. Thank you, Chair
Nichols and ARB Board. My name is Steve Ellis with
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American Honda Motor Company. Certainly, we appreciate
the efforts and the leadership to of the State of
California. And specifically for hydrogen stations,
appreciate the LCFS HRI credit program that will really
help advance a hundred percent renewable hydrogen.
My comment, even though Honda does not make
heavy-duty or light-duty, I want to encourage the State to
make sure it stays the course with light-duty vehicles,
and the importance of synergy between light-duty and
heavy-duty on the supply chain of all components, which
goes all the way back to the hydrogen supply and
everything between that and the wheel of the car. So it's
critical that the State stay the course on that.
Also, I wanted to respond to something I just
recently heard by a commenter, Beverly DesChaux from the
Central Coast. It's sad and it hurts to hear people
foster misinformation, despite the efforts of the hydrogen
community to continually show that not only is hydrogen
not a hundred percent all fossil fuel, as she stated, but
as a matter of fact over half the stations in California
are currently delivering hundred percent renewable,
hydrogen despite the fact that the State's requirement, at
33 percent renewable, leads to between 50 to 60 percent
carbon reduction from every fuel cell vehicle on the road,
regardless of light- or heavy-duty. And that is on par
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with where battery electrics are at nominally between grid
and a hundred percent renewable.
So we support the pathway at a hundred percent
renewable for both battery electric and hydrogen fuel
cell, but wanted to correct the record with misinformation
that was put out there by those comments.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Alana. I have activated your
microphone. You can unmute yourself and begin.
MS. LANGDON: Thanks, Ryan. Appreciate it.
Chair Kohl's, Board members and staff. Good afternoon.
My name is Alana Langdon and I am the Senior Manager of
External Affairs and Public Policy for Nikola Corporation.
And we are in strong support of CARB's ACT Rule.
Nikola Corporation is globally transforming the
transportation industry. As a designer and manufacturer
of zero-emission battery electric vehicles, fuel cell
electric vehicles, and hydrogen stations, Nikola is driven
to revolutionize the economic and environmental impact of
commerce as we know it.
Committed to a clean transportation future from
energy creation to energy consumption, Nikola is
developing a robust U.S. and European footprint for both
vehicles and infrastructure, leveraging key strategic
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industry partnerships, such as IVECO, Bosch, Hanwha, Nel
and others. The company's vision is to be a
zero-emissions commercial transportation system leader.
As a manufacturer of zero-emission vehicles, we
do see the ACT Rule as critical public policy that will
pave the way for growing the deployment of zero-emission
trucks into the California marketplace to achieve a more
sustainable future and to address the reduction of
greenhouse gas emissions and criteria pollutants from the
transportation and heavy-duty sectors.
Although this rule encourages the manufacturing
of more zero-emission trucks, which we appreciate and
wholly support, we also recognize that policies and
incentives that ease and encourage fleet operators to
adopt and purchase these vehicles are also important and
will be needed to unsure the rule's overall success.
Nikola looks forward to doing our part to help
usher in a zero-emissions transportation future in
California and beyond.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Stan DeLizo. After Stan, we
have Mark Abramowitz, Michael Carr, and Mark Sheldon.
So Stan, I have activated your microphone. You
can unmute yourself and begin.
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MR. DELIZO: All right. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. DELIZO: Great. Good afternoon. My name is
Stan DeLizo, and I appreciate you taking the time to hear
me out.
I've listened to the other OEMs that have
presented today and appreciate all their comments, agree
with their comments, so I will not repeat them. I've also
heard the needs of the cities, states, counties for these
improvements, as well as the people.
We believe that there is an opportunity here and
hope to continue to compete in this market. However, what
I want to ask is for the products that are in the -- in
the field today that are going to be, I guess, placed into
production within the time frames allotted, what is your
expectations for reliability for those vehicles and how
does this organization propose to meet those reliability
targets to ensure that the customers have a product that
is -- that remains in operation such that it makes those
companies money and stay within the monetary limits that
have been noted to date?
And that's -- that's the end of my question.
Thank you for your hearing me.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Mark. Mark, I have activated your microphone.
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MR. ABRAMOWITZ: Yes. Can you hear me okay?
BOARD CLERK SAKAZAKI: We can.
MR. ABRAMOWITZ: Thank you. Chair Nichols and
Board members, my name is Mark Abramowitz. And I'm
President of Community Environmental Services. I'm
thrilled to be able to express my support for the proposed
ACT Rule, the concept of such a rule, and the availability
of the technology to eliminate diesel with the roll-out of
zero-emission technologies was not even dreamed about when
I first started working on air pollution reduction
strategies 40 years ago.
Today, we can look forward to zero-emission
battery and fuel cell trucks, trucks that can do the job,
can reduce GHGs, and eliminate diesel death zones
throughout the state. Your staff has done great work and
I commend you for your bold leadership and your investment
message to the market in support of clean air jobs.
It's a new day. Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Michael Carr.
Oh, Michael, it looks like I'm running into an
issue where I'm not allowed to turn on your microphone.
You can call in to the call number and access code. I
promise it works this time and we will call on you a
little bit later.
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Next speaker after Michael is Mark Sheldon. And
after Mark, we have Gustavo Villa, Victor Bendavid --
Benavidez, and Joe Dalum.
So Mark Sheldon, I have activated your
microphone. You can unmute yourself and begin.
MR. SHELDON: Okay. Thank you very much. I'm
speaking on -- in strong support of the proposed rule,
representing only myself. I'm an Orange County based
consultant with professional experience in energy and air
emissions. I also remember the days when smog alerts were
all too common. And more recently, I've been listening to
area environmental justice communities, including feedback
facilitated through AB 617.
A recurring theme in those meetings has been the
impact of local and corridor trucking on air quality in
all of these communities and the citizen concern for the
impact of these vehicles on climate change. The proposed
rule will make progress towards addressing their needs and
those of all Californians.
And it's important that this rule address all
zero-emission electric drive -- electric drive
technologies, including hydrogen fuel cell as well as
battery electric and the infrastructure needed to extend
the reach of these vehicles with energy renewably sourced
as already mandated and expanding under existing
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California policy.
Supporting the hydrogen fuel cell -- supportive
hydrogen fuel cell trucking will particularly payoff as
that technology lends itself to scale-up to long range
heavy-duty applications.
The early focus of these developments on the
ports and associated local corridors is appropriate for
nearer term air quality relief urgently needed in those
communities. Looking forward, I also encourage
facilitation of vehicles and infrastructure for
development throughout the state, connecting to and
facilitating the growth of interstate networks.
California can, in this way, play a significant
role in the renewables transformation of the national
goods movement industry.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Gustavo Villa. Gustavo, I
have activated your microphone. You can unmute yourself
and begin.
MR. VILLA: Okay. I'm ready.
BOARD CLERK SAKAZAKI: Okay. Go ahead.
MR. VILLA: Thank you. Thank you, Board members
and all participants. My name is Gustavo Villa. I have
been a truck driver for the Port of Los Angeles and Long
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Beach since 1991, and I'm also living in Maywood, very
close to the 710 freeway. I wanted you to let you know
that I'm in full support to the approval of the Advanced
Clean Truck Rule.
For the last seven years, I've worked for
California Cartage Express. We pay all costs in operating
the trucking company into the bunch of us drivers by
misclassifying us. And they actually call it independent
contractors. Everything from diesel, road tax,
maintenance, insurance, comes out of my pocket. And the
Labor Commissioner investigated and found that this was
way stiff and we are not the only ones. Most of the
companies of the ports operates this way.
Three years ago I told the Port of Los Angeles
and Long Beach that misclassifying drivers as independent
contractors hurts the environment. By misclassifying us,
this company takes no responsibility in maintain their
trucks. And I have to pay for all these expenses.
Just one example. In order to replace my diesel
particulate filters, I had to pay $12,000 out of my
pocket. Like most of the working people, I didn't have
$12,000 around, so I had to put off replacing the diesel
particulate filter until I could afford it.
Now, imagine thousand misclassified drivers
delaying our trucks. This is not acceptable
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And thank you.
BOARD CLERK SAKAZAKI: Thank you.
So Michael -- Michael Carr, if you're there, I
still can't activate your microphone. So we have the
call-in information up there and you will dial star nine
to indicate that you want to speak, if you can hear me.
For right now, we will move on to Victor. Oop,
I'm getting notification, Victor, that you have the same
issue with this. So if you call the call-in number and
dial the access code and dial star nine, we'll get to you
a little bit later.
Next, we have Joe Dalum. Joe, I have activated
your microphone. You can begin.
MR. DALUM: Very good. Good afternoon, Chair
Nichols and Board members. My name is Joe Dalum. I'm
President of Odyne Systems. Odyne develops and sells
zero-emission solutions for trucks operating at work
sites, also known as electric power take-off or ePTO
systems. Odyne respectfully recommends that the Air
Resources Board consider including vehicles that -- with
approved electric zero-emission worksite solutions,
referred to as ePTO systems, in its definition of near
zero-emission vehicles in the proposed Advanced Clean
Trucks Regulations.
Thousand of medium- and heavy-duty trucks
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operating in California spend much of the day running
engines to provide for truck-mounted equipment at
worksites. Examples include utility trucks that repair
power lines, trucks operating cranes, pumps, or
compressors, and, many, many other applications.
CARB, in consultation with the California Energy
Commission, has previously defined near zero-emission as
vehicles that have a duty cycle that includes zero
emission operation, including ePTOs. CARB wrote that
these vehicles create a pathway to zero emissions. ePTO
systems are already in use. Third-party studies paid for
by the State of California have shown that ePTO systems
provide extraordinarily strong full-day NOx emission
reductions of up to 96 percent and very large full day
fuel savings.
Increasing the use of ePTOs would provide
communities and commercial operators with other benefits,
such as reduced noise, and improved employee health due to
the elimination of job-site emissions.
In summary, Odyne respectfully asks that electric
zero-emission worksite solutions be included in the
definition of a near zero-emissions vehicle in the
proposed Advanced Clean Truck Regulations.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
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We have some phone numbers who have indicated
they want to speak. First, we have phone number 683.
I've unmuted you. Can you please state your name for the
record.
MR. CARR: Was that 1683?
me?
BOARD CLERK SAKAZAKI:
MR. CARR: Yes. Okay.
Ending in 683.
Thank you. Can you hear
BOARD CLERK SAKAZAKI: Yes, we can.
MR CARR: Okay. Great. It's -- it is Michael
Carr with Shell. Good afternoon, Chair Nichols, Board
members, and staff.
Start by saying we wholeheartedly support the
goals of the Advance Clean Trucks Rule. It's consistent
with our bold ambition to become a net zero carbon energy
company by 2050. It's supportive of our Greenlots
subsidiary that provides EV charging infrastructure
solutions, as well as our growing hydrogen fuel business
that supports fuel cell electric vehicles that will be
critical to meet our shared transportation electrification
ambitions, particularly if the medium- and heavy-duty
sectors.
That's the focus of this rulemaking. While
speaking about hydrogen, it's important to note that the
hydrogen consumed as transportation fuel today is actually
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cleaner than the electric power provided by the grid to
battery electric vehicles. And we and other hydrogen
suppliers are working to make that fuel even cleaner in
the future. And it will ultimately be a hundred percent
renewable alongside any electricity that's consumed.
We do have concerns about the exclusivity of the
technical solutions that are contemplated by this rule.
There's ample room for other technologies under the ACT
tent, most importantly the inclusion of 0.02 gram ultra
low-NOx vehicles that can utilize renewable sources and
offer negative emission pathways for freight transport in
California.
And as Tim Carmichael of SoCalGas noted, these
vehicles provide the most cost effective and near-term
emission reduction opportunities that so many who have
testified today have asked this Board to enable.
Including these alongside EVs as part of a comprehensive
solution --
BOARD CLERK SAKAZAKI: Fifteen seconds.
MR. CARR: -- simply makes good policy,
particularly when we need to stretch the impact of every
dollar as far as possible in our COVID-challenged economy.
We urge the Board to incorporate crediting of
these vehicles in this ACT rulemaking.
Thank you.
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BOARD CLERK SAKAZAKI: Thank you.
Our next three speakers are phone numbers ending
in 480, and then 566. So I'll first activate the phone
number for 480.
BOARD CLERK SAKAZAKI: I apologize, phone number
480. We're getting a lot of echo in the feedback. So if
can you mute your computer, that's probably what's
happening there. I will unmute you right now, if that
actually -- if the issue is fixed.
Hello. Are you there?
Hello. Phone number 480, are you there?
Okay. We'll skip you for now.
Next is a phone number ending in 566. I have
activated your microphone.
MR. BENAVIDEZ: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: Yes, we can.
MR. BENAVIDEZ: Hello. My name is Victor
Benavidez. I'm a CAUSE youth leader and I live in Oxnard
California.
The California Air Resource Board is moving
forward with its groundbreaking electric truck rule,
requiring manufacturers to build more electric trucks
beginning in 2030. It's important to us because the
people's health in my community is important.
During this time, everybody is concerned about
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their health and diesel trucks are large contributors to
air pollution and diesel emissions in California. These
can all cause health problems. The California Office of
Environmental Health Hazard Assessment did a study that
looked into the health impacts of long-term exposure to
diesel exhaust and they discovered that diesel exhaust can
cause lung and heart diseases, and even cancer as well.
And during this time, it's important that we stay
healthy because of COVID-19, which can cause a lot of
problems to people with lung cancer.
With a personal story. My uncle is a truck
driver who has been working for 15 years and just recently
have been diagnosed with some lung problems. And he is
very concerned about his health. And he knows that this
would be a great opportunity to help restore his health or
at least help others not get the same problem as him. And
the health of our community needs to be priority over
profits --
BOARD CLERK SAKAZAKI: Thirty seconds.
MR. BENAVIDEZ: -- from big corporations.
And that is all. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
We will go back to phone number ending 480. I've
unmuted -- I have unmuted you. You can begin your
testimony.
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MR. CARR: It's Michael again. You've dialed my
other number, so I'll yield the two minutes back. We've
been here long enough
BOARD CLERK SAKAZAKI: Oh. Thank you.
MR. CARR: No worries.
BOARD CLERK SAKAZAKI: Next we -- next up, we
have a phone number ending in 686 followed by Katherine
Garcia and a phone number ending 457.
So I'll start with the phone number ending in
686. You are now unmuted. Please state your name for the
record.
MS. SANCHEZ: Hi. My name is Naomi Sanchez. And
I'm a resident in the community of Barrio Logan in San
Diego. Lots of trucks pass through my neighborhood all
the time. And the area is really contaminated because the
port and a lot of industries are here. And trucks come
through from the freeway, which is right next to us.
My little sister's respiratory issues got worse
when we moved to Barrio Logan and the doctors told my mom
that is was because of where we lived. And lot of people
I know that live here have had a lot of breathing problems
because of the air and need medicine to breathe properly.
I'm studying to become a medical assistant and I
learned that poor air quality even causes depression and
affects people's abilities to think and perform at their
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best as well, and that's not okay. We don't have control
over where we can afford to live. And big companies will
try to stop these regulations, because they know people
affected by truck pollution don't have the time, energy,
or the language to complain.
So our government needs to make laws to protect
us. Companies that make medium- and heavy-duty trucks
need a requirement to manufacture and sell more electric
zero-emission trucks as soon as possible. Please pass the
Advanced Clean Truck Rule and prioritize our well-being
and health over truck company profits.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Next up, we have Katherine Garcia. Katherine, I
have activated your microphone. You can unmute yourself
and begin.
MS. KATHERINE GARCIA: Thank you, Ryan. Good
afternoon Chair Nichols and members of the Board. I'm
Katherine Garcia, Policy Advocate for Sierra Club
California representing half a million members and
supporters in California. We are in strong support of the
Advanced Clean Trucks Rule. Thank you to CARB staff for
your work on the rule during the past three and a half
years and for your presentation today.
The updated regulation will deliver a steady
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stream of zero-emission medium- and heavy-duty trucks to
California. It will help our state cut harmful air
pollution, especially in diesel death zones, where
low-income communities and communities of color
disproportionately suffer from truck pollution. While
some California cities and delivery companies have already
started transitioning to electric trucks, widespread
adoption will only occur if manufacturers are required to
produce electric trucks.
Personally, I am so excited for an electric truck
future. As an avid bicyclist, I'm often astounded by the
amount of toxic truck pollution when biking around
Sacramento and across the Yolo Causeway bike path right
next to Interstate 80 over to Davis where I live. And as
a new mom, I know that parents across California will be
grateful every time we see an electric truck driving down
the road. Our children's lungs deserve to breathe clean
air.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is a phone number ending in 457.
Following that, we have Angie Balderas's, Jack Symington,
and Lisa McGhee.
So phone number ending in 457, I have unmuted
you. Please state your name for the record.
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MS. AZAMIAN: Thank you. My name is Shayda
Azamian from the Leadership Counsel for Justice and
Accountability. And we work alongside rural inlands
communities through the San Joaquin and the Eastern
Coachella valleys.
The current ACT rule is far stronger than
proposed this past December, though year to year electric
truck sales targets must be met faster. Simply put,
communities have waited long enough for significant
improvements to what is perpetually hazardous and
undoubtedly lethal air quality.
As just one example, one life-long resident of
Fresno, California living in community bordering the
highly truck trafficked Highway 99 shared that a doctor
mistook her for having smoker's lung, despite her never
smoking a cigarette in her life.
Another resident living near the Amazon and Ulta
warehouses in South Central Fresno shared that she can't
hear what's happening around her home or when someone is
at her door, due to the trucks passing by non-stop just
past her yard.
There are people here who can tell you what it's
like to watch thousands of trucks passing through three
feet in front of their homes every day and feel what
it's -- and feel the damage that it inflicts on their
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lungs, their bodies, and their families over time.
The urgency of a stronger ACT rule cannot be
overstated. We stand with CCAEJ and others in asking for
accelerated targets for heavy-duty Class 7 and 8 tractors,
which are the same trucks driving by in thousands every
day through residential neighborhoods that closely border
warehouse and distribution centers.
Additionally, as our state's primary agency
charged with protecting the public from air pollution and
fighting climate change, CARB cannot permit or promote
false solutions with natural gas operations.
BOARD CLERK SAKAZAKI: Thirty seconds.
MS. AZAMIAN: Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Angie Balderas. I have
activated your microphone.
MS. BALDERAS: All right. Thank you. Can you
hear me?
BOARD CLERK SAKAZAKI: We can.
MS. BALDERAS: All right. Great. Good
afternoon, Board. Hello. My name is Angie Balderas.
am an organizer with the My Generation Campaign here in
the Inland region, also known as the Serrano and Tongva
land. And we're -- I'm supporting the Advanced Clear --
Clean Truck Rule.
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I support the rule because in my community for
many years, it's a life and death reality, believe it or
not. Air pollution and dirty trucks are common in our
communities. Our communities are infested with warehouses
along with railyards, gas plants, airports, and other
polluters.
I have siblings who suffer from asthma. I've had
loved ones die from cancer. I myself, depending on the
air quality in certain -- I have certain health concerns.
My breathing gets triggered. And now with the smoggy
summers here, it's an alarming time for me and my loved
ones, as well as my community.
The best thing for me is to stay home. But when
you're surrounded by trucks, and warehouses, and airport
expansions, like the one in San Bernardino, that keep
bringing trucks, polluters into our communities, who can't
catch a break -- a break from this -- from pandemic after
pandemic.
I urge CARB Board to vote yes for the Advanced
Clean Truck Rule. Please. Our folks need a damn break, a
chance to breathe clean air. Please do your part to save
a life as I see many in my community dying from
respiratory issues or cancer. Please stop enabling this
pandemic of climate change. Let's do our part.
BOARD CLERK SAKAZAKI: Thank you. Our next
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speaker is Jack Symington. Jack, I have activated your
microphone. You can begin.
MR. SYMINGTON: Hello. Can you hear me?
BOARD CLERK SAKAZAKI: Hello. Yeah, we can.
MR. SYMINGTON: Awesome. My name is Jack
Symington and I am addressing the board on behalf of the
Los Angeles Cleantech Incubator and thank you for the
opportunity to provide this comment on the Advanced Clean
Truck regulation.
LACI strongly supports and urges CARB to approve
the proposed ACT Regulation which is an essential tool in
transforming California's transportation system to zero
omissions in order to achieve the State's air pollution
and climate goals.
LACI is working to ensure that the Los Angeles
region meets aggressive goals for the transition to
zero-emission trucks by to 2028 and 2035. Specifically,
we're aiming for 40 percent of all short-haul and drayage
trucks in the region to be zero emission by 2028 to ensure
steady progress towards the San Pedro Bay Port's Clean Ar
Action Plan commitment to transition the entire drayage
fleet serving the ports to zero emissions by 2035.
Increasing manufacturers' minimum numbers of
zero-emission truck sales will be not only critical for
achieving these emission goals, but also critical for
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positioning California as a global leader in zero-emission
technology.
The ACT regulation is a critical step forward
that will send clear market signals to enable the planning
and investment needed to further develop and scale
zero-emission truck manufacturing, infrastructure
deployment, and research and development in California.
This high-value added industry will benefit California's
economy through high-paying green union jobs and
agglomerating innovative transportation companies in the
state.
We strongly urge you to support the ACT
Regulation, and we stand ready to work with you to ensure
that success of the regulation and a zero emissions
future.
Thank you. And I yield the rest of my time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Lisa McGhee. After Lisa, we
have Odette Moran, Fe Koons, and Yassamin Kavezade.
So Lisa, I have activated your microphone. You
can unmute yourself and begin when you're ready.
MS. McGHEE: Good afternoon. I am Lisa McGhee
with GreenPower Motor Company. We're a zero-emission bus
and cargo van manufacturer and we are in strong support of
accelerating more adoption of ZEVs. In June 2019, this
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Board also adopted the ZEV Powertrain Certification, with
the intention of supporting the medium-, heavy-duty
technology and manufacturers to build and integrate more
reliable and durable technology to instill fleet
confidence.
We would like to see support and funding for ZEV
medium-, heavy-duty vehicles for either the fleet and/or
manufacturers that achieve these higher measures and other
advancements.
Moving forward, more support is necessary for
small private fleets that also include independent
contractors. The small fleets are in a disadvantaged
scenario with this measure. Critical funding is necessary
for small fleets and independent contractors.
The 50-fleet vehicle threshold is moving us
closer, but it voids small fleet data, which is critically
necessary. For example, the daily trip VMT and count of
trucks is not a one-to-one ratio. Small-sized fleets
could have two to three drivers sharing a truck keeping
one truck on the road 18 to 24 hours daily.
Additionally, utilization of charging is
impacting electric tariff rate design. Because of the
advancements in high voltage charging, which is increasing
in the medium- and heavy-duty vehicles and impacts the
effects of demand, which results in a low load factor
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barrier, and exaggerates this effect on small-sized
fleets, you will have gaps if you do not develop a program
to bring more support to small-sized fleets.
Lessons are learned and the ZEV manufacturers are
in critical need of more support and programs available
for educating fleets, garage services, and dealerships in
order to achieve the aimed adoption.
EV vehicle services are required at the local
level in order to keep these vehicles on the road, and
dealerships have choices to sell other technologies and
require funding, support, and programs as ZEV OEMs are
required by law to sell these vehicles through
dealerships.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Odette. I have activated
your microphone. Go ahead and begin.
MS. MORAN: Okay. Thank you. Can everyone hear
me?
BOARD CLERK SAKAZAKI: We can
MS. MORAN LOPEZ: Okay. Thank you. Hello. My
name is Odette Moran Lopez and I'm a CAUSE youth leader
from Oxnard, California. Thank you for taking your time
to listen to us speak and read our comments regarding this
groundbreaking and life-saving regulation.
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Like many before who have spoken before me, I
would like to start with a personal anecdote. My family
and I have lived in South Oxnard for the past 16 years.
We are about a three-minute walk to the nearest elementary
school and about a 15-minute walk from the city's water
facility, power plant, industrial port, truck route, and
beach.
Some of my fondest and earliest memories of South
Oxnard are of us walking to the beach as part of the field
trip with my elementary school classes. My classmates
would signal to truck drives to sound their horns for us.
If we were lucky, we would be able to convince at least
three or four truck drivers. I cannot appropriately
describe the small joy that the sound of the truck's horn
would give us.
I had not thought of it much before. I had not
realized how much living next to a power plant, a truck
route, an industrial port, and much more would mean to my
health and that of our community, how much these have
affected the air we breathe and determined our lives.
Now, imagine living where we live means with
something like COVID-19 a disease that attacks our already
compromised lungs and respiratory systems. Please
consider communities like ours, consider our health,
because it is one of the things that many have brushed
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aside.
Diesel trucks still drive around our community.
Our air has been continually polluted and our lungs
constantly compromised. We need, and I emphasize need,
clean air trucks. I am here to tell you that requiring
manufacturers to build electric trucks is a necessity.
It's decision that holds power over our health and
ultimately our lives. We ask you to vote yes on this
ruling.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Fe Koons. I have -- that's
odd. The -- the allow to talk is not functioning at the
moment.
If you could call in to this number right here we
have on the screen and dial star nine. Sorry about that.
We'll move to our next speaker, Yassamin. And
after Yassamin, we have Hugh Ross, a number ending in 050,
and Kimberly Garcia.
So Yassamin, I have activated your microphone.
You can begin.
MS. KAVEZADE: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. KAVEZADE: Hello. My name is Yassamin
Kavezade, or Yassi, and I'm a community organizer with the
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Sierra Club's national campaign My Generation, and I also
live in Riverside, the valley of smog, where it's common
to have millions of square feet for warehouses operated by
Amazon, Walmarts. You name the corporation, chances are
we've got them.
In the recent uprisings for justice, a rule like
this, and many others is needed now more than ever, as our
black and brown communities inhale toxic air continuously.
This rule is a good start and it's going to not -- and
it's not going to be the end-all be-all, because we see
over thousands of trucks traveling in an hour in many of
our Inland Empire communities. I thank the Board for the
stronger sales requirement adopted from the May proposal,
but we can do better.
In my community, there's no coincidences that our
people experience below average lung development for
children and our basin received an F grade in the State of
the Air according to the American Lung Association again.
Natural gas is not renewable. We have natural
gas infrastructure that is parked right next to us. It
can leak, it can spill, and explode putting us in harm's
way. This rule provides the changes we need to see in the
market for zero emissions heavy-duty transportation. I
hope CARB can continue to collaborate with utilities,
local air district and manufacturers to see infrastructure
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implementation in Inland Empire communities in the
frontlines right there in goods movement.
Our communities are also at risk of contracting
the COVID-19 virus. And we'll seek -- see more cases as
our air pollution continues to choke us. On another note,
we hope to see all of you all supporting local
implementation rules in the South Coast Air District -- at
the South Coast Air District supporting air emissions
reductions at warehouses under the facility based indirect
sources.
The local air districts need to see CARB staff in
support to show the connection that we're in this
together. This rule is connected to getting carbon
neutrality in goods movement. As the years progress, I
hope that the Advanced Clean Truck Rule continues to
strengthen and see greater access for clean zero-emissions
trucks in our communities.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Hugh Ross. Hugh, I have
activated your microphone.
MR. ROSS: Can you hear me?
BOARD CLERK SAKAZAKI: We can her you.
MR. ROSS: Great. Chair Nichols and members of
the Board. My name is Hugh Ross and I'm here representing
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the 350 Bay Area Transportation Committee. I'm here to
urge the Board the approve the ACT Regulation to combat
the pollution and climate emergency that threatens our
most vulnerable communities. I formerly worked for six
years at Tesla as a mechanical engineer on mass produced
battery components.
Zero-emissions trucks are the only plausible
means to decouple California's economically critical
freight transportation from pollution and greenhouse gas
emissions.
Without a regulatory push spurious arguments
about demand, infrastructure, and ownership costs will
always win out in the Board rooms of companies that
currently profit by selling diesel trucks.
Zero emissions truck technology is ready to be
deployed now. Even at maximum speed, launching a new
vehicle with existing powertrain technology takes times,
so manufacturers must start working today. Zero
emissions' trucks also bring with them, the economic
benefits of more efficient freight transportation, lower
operating costs, and new production and infrastructure
jobs.
If approved, the ACT rule will change the board
room conversation for truck manufacturers and put
California on a path towards cleaner air, more stable
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climate, and a stronger economy. Thanks for your time.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is a phone number ending in 050. Please state
your name for the record. You can begin.
MR. EDGAR: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: We can hear you.
MR. EDGAR: Great. ThanK you. Good afternoon,
Chair Nichols and Board members. This is Sean Edgar.
I'll share a quick personal story. This is all
I've been doing for the last 20 years. And I'm proud to
work for over 75 companies that went into a bank and they
borrowed or bonded over $100 million to make clean air
possible. So the folks I work with have been cutting back
on diesel death zones for over 20 years by operating over
4,000 natural gas vehicles at a huge cost of
infrastructure, which we're concerned are being abandoned
by the current process.
So with that, Clean Fleets is providing this
testimony to punctuate the requests of Thomas Lawson and
Tim Carmichael. We respectfully disagree, Chair Nichols,
that the Omnibus Rule will solve our concerns, and we will
appreciate you fostering today's discussion for staff to
walk us and the Board members through how the proposal
before you today furthers low-NOx engine deployment in the
next few years.
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This is especially important as over 300,000
diesel trucks are going to hit a wall under the Truck and
Bus Regulation and require replacement by 2023. And as
presented, this ACT does not support the continued
manufacture or purchase of low-NOx engines, thereby
risking the near-term progress towards San Joaquin and
South Coast deadlines.
The Board is, in effect, encouraging the purchase
of today's diesel technology over RNG and low-NOx
technology. And those diesel engines that will be
purchased will likely be in operation for several decades
I would predict.
If there is plan B --
BOARD CLERK SAKAZAKI: Thirty seconds.
MR. EDGAR: -- let the RNG and low-NOx operators
be that plan B.
I'll just conclude by saying our groups are all
about getting to clean air now and have -- the waste
industry has over a billion dollars invested. We are the
beachhead fleets and have been for the last 20 years. And
unfortunately, unless corrected with the definitional
change that we've asked about and the credit formal,
renewable natural gas and anaerobic digestion projects
from San Diego to South San Francisco to Sacramento will
suffer in the process.
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BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Commissioner Lara. I have
activated your microphone. You can unmute yourself and
begin you testimony.
INSURANCE COMMISSIONER LARA: Perfect. Thank
you. It's great to be able to provide some testimony as a
member of the public.
Chair Nichols and Board members, thank you for
taking this important step forward. As you know, back in
2014, we passed the Clean Truck Bus and Off-Road Vehicle
Act. And then in 2017, California made an investment of
nearly $1 billion in air quality by assessing mobile
sources -- by addressing mobile source pollution near our
ports.
This is going to be, you know -- and I'm proud to
have been a Board member of the ARB in 2017 and 2018. And
I enjoyed working with the members on regulations that
promote clean technologies in our cars and trucks.
As you know, prior to that, I served in the
Senate in southeast L.A. county, one of the most areas
with the largest air pollution in the country and in the
state. And so this is near and dear to my heart. This
new regulation is going to be groundbreaking and a product
of years of work to build lasting policies on mobile
sources. It ensures more options for truck fleets and
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consumers, and bringing air quality improvements in the
areas that we need it the most.
So I want to again thank you and express my
wholehearted support for this new regulation and thank you
all for your continued great work to protect our most
vulnerable in our state. So thank you so much.
CHAIR NICHOLS: Thank, Senator Lara. I might
joint point out that you were also a member of the Air
Resources Board representing the Senate. I believe you
were the first --
INSURANCE COMMISSIONER LARA: Yes.
CHAIR NICHOLS: -- senator to the serve on the
Board, so you ought to add that to your resume.
(Laughter.)
BOARD MEMBER FLOREZ: Yeah, we miss you. We need
you -- we need to see you back. So anytime you want to
join us, that's great.
INSURANCE COMMISSIONER LARA: Thank you.
CHAIR NICHOLS: Thank you, Commissioner.
BOARD CLERK SAKAZAKI: Thank you.
Our final speaker is Kimberly Garcia. Kimberly,
I have activated your microphone. You can unmute yourself
and begin.
MS. KIMBERLY GARCIA: Good afternoon, Board
members and attendees. My name is Kimberly Garcia and I'm
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CAUSE youth leader from Oxnard.
We support the ACT Rule because the effects that
emissions from diesel trucks can have on people's
respiratory health. While public health is always
important, it's something that we must be more
conscientious of as there's a pandemic that is more fatal
for those with respiratory issues. It's just going to be
made worse with poor local air quality.
Those of us that have respiratory issues have
been staying inside to avoid exposure to COVID-19. And to
promote social distancing, many of us have been ordering
thing online. Unfortunately, products are being delivered
via diesel trucks worsening local air pollution. But even
when this pandemic is over and online consumerism
decreases, California's environmental issues and the
medical conditions caused by air pollution won't.
Oxnard is right next to the Port of Hueneme. And
we live a few blocks closer to it, at six years old got me
an asthma diagnosis. For the past four years I've had to
drive to the city a half an hour way to receive vaccine to
control my allergies and prevent my asthma symptoms from
being exacerbated.
I started off having to go every week when I was
younger, but now I only have to go once a month. And
while my treatment has definitely made life easier for me,
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I know that that path isn't available for everyone.
Over a decade has passed since I was first
diagnosed with asthma, so I have over ten years of
firsthand experience of the effects that air pollution has
on the health of our marginalized communities.
As someone who is fortunately able to remedy the
effects that air pollution had on my health while others
couldn't, I implore the California Air Resources Board to
vote yes on the ACT rule, while serving truck drivers for
a breath of fresh air.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you. Madam Chair,
that concludes our list of speakers for this Board item
CHAIR NICHOLS: Well, that's terrific. We've had
great participation and a broad array of points that were
made.
I think I can close the record, but I want to
wait just in case staff needs to respond to any of the
points that were put in by any of the witnesses. So if
there are additional comments coming from the staff, I
believe there was also one CEQA-related comment that will
require our counsel to respond as well. So let's do those
before we close and then move to the Board discussion.
ATTORNEY CECERE: Ian Cecere, CARB counsel.
Thank you, Chair Nichols. CARB received written comments
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during the public hearing related to environmental impacts
of the proposed ACT Rule. Commenters generally questioned
the rule's impact on lithium mining, battery disposal, and
energy demand, but do not identify any particular impact
associated with those issues not already analyzed in the
final environmental analysis.
The Final EA adequately addresses commenters'
concerns related to the proposed ACT Rule's potential
environmental impacts from lithium mining, disposal of
lithium batteries, and energy demand in its energy demand
hazards and hazardous materials and mineral resources
impact and mitigation analyses.
Thank you.
CHAIR NICHOLS: Okay. Thank you. Mr. Corey,
were there -- well, there may be some questions that will
arise, but I think those will be part of the discussion.
So are there any additional points that you or Mr.
Kitowski or others felt you needed to address at this
point?
EXECUTIVE OFFICER COREY: No, chair. Just to go
to deliberations and we're prepared to respond to any
questions.
CHAIR NICHOLS: Okay. Great. Thank you.
All right. So, Board members, the record is
closed and it's now up to us. And I will call on people.
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Hello. Did someone just flag something?
VICE CHAIR BERG: It's okay.
CHAIR NICHOLS: Okay. All right. So I am now
waiting for hands to go up here.
And the first one is from Dan Sperling. Dan, you
need to unmute yourself.
BOARD MEMBER SPERLING: Yeah. Yeah.
CHAIR NICHOLS: There you go.
BOARD MEMBER SPERLING: So I actually raised my
hand in the zoom way as well, as have two others. So --
CHAIR NICHOLS: Yes.
BOARD MEMBER SPERLING: -- I have -- I have two
questions and one suggestion. But before I get to that, I
want to emphasize how revolutionary this really is in a
really good way. You know, some revolutions don't always
turn out well. But this is a revolution that's on the
side of history. I have to say at the December Board
meeting, I was a little skeptical about having more
aggressive requirements than were proposed by the staff.
And as a result of that, I spend a lot of time with
studies, some of the NGOs organized a workshop, bringing
together all the experts on truck costs, truck
electrification costs. And, you know, my own colleagues
at UC Davis have just finished a big study on truck
electrification.
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And I think at the end of the day, it's becoming
very clear that many truck segments and many applications
are going to be very cost competitive very soon, and a lot
of very's in there.
CHAIR NICHOLS: Yes.
BOARD MEMBER SPERLING: But --
CHAIR NICHOLS: That's true.
BOARD MEMBER SPERLING: And, you know, it -- it
led to, you know -- you know, the discussion of
beachheads, you know, and segmenting the market. And I
think the staff may -- has made a good argument that it
would be really complicated to try to focus on those
segments that are particularly attractive, especially --
it's mostly the delivery trucks with a hundred mile range
or less. They become cost competitive very soon. I'm on
a total cost of ownership basis and even -- and not so far
off future in terms of purchase cost.
But many of the others are -- there are problems
with it. But what I've come to appreciate in part Chair
Nichols leadership and mentorship is that you've really
got to put a stake in the ground. And I think that's
really important that we're saying we're committed to
electrification.
And it's important, because the rest of the world
is watching, but it's also important because we need a lot
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of partners to make this successful.
And, you know, the -- we need -- you know, we
need incentive money, because a lot of these companies are
smaller companies, companies in unique applications. It's
going to be really rough for them in the beginning and the
costs will be higher in the beginning, so incentives are
important. Charging infrastructure and hydrogen
infrastructure is really key to this to making this a
success. So these partnerships, you know, are really
critical. And we need all these other State agencies and
companies to be rallying around what we're proposing to
do.
So that leads me to a point, something that we
can do, and that we are doing is this having a fleet
purchase requirement. There was a pro -- and I think it's
really key to do that, reduce uncertainty as fast as
possible, get that out as quickly as possible, because
these manufacturers they're facing huge risks, huge costs.
And if they're in the position of having to sell car --
trucks that no one is going to buy, it could be
disastrous. So this Fleet Rule is -- is really, really
important.
So my first question to staff is there was a
proposal, I think it was first by ETC, but a few others
have talked about it, about linking the fleet purchase --
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linking the ACT to the fleet purchase requirement.
Something like saying the ACT will not take effect
until -- not less than two years have passed after the
Fleet Rule is adopted.
Is that -- I mean, I know we always want
certainty and we don't like to waffle, but is that even a
plausible idea? It seems compelling to me, I have to say.
MSCD ASSISTANT DIVISION CHIEF VERGIS: Thank you,
Professor Sperling. This is Sydney Vergis. I'm the
Assistant Division Chief for the Mobile Source Control
Division.
So as you pointed out, under this regulation,
manufacturers will need to sell at a price point and
develop a product that works for consumers. And this will
drive innovation and creating more choices for truck
fleets, and truck drivers, and provide the certainty for
manufacturers that this is where the State is going.
In terms of the fleet regulation, I want to
assure you and the rest of the Board that we understand
the importance of moving quickly and certainly heard the
direction at the December Board meeting to do so.
We've already kicked off the process for
regulatory development with a workshop in February and
more workshops are coming this summer. And we're
certainly committed to returning to the Board in late 2021
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and the early 2022 time frame and, committed to a full
public process.
Now, to your point, you may recall that this
current structure of bringing a manufacturer regulation in
advance of a purchase mandate was due to what we've heard
time and time again during the public process over the
last couple of years, and that is for fleets interested in
purchasing large volumes of zero-emission trucks, the
product simply wasn't available in the market. And that's
really what this regulation is intended to do to meet
those needs.
So the decision before you today can help ensure
that that product is brought to market.
BOARD MEMBER SPERLING: But you avoided --
CHAIR NICHOLS: Yeah, Dan, no. Let me say
something maybe on top of that, which is that I think
there has to be a mutual assurance both by the purchasers
that there will be vehicles and by the vehicle producers
that there will be purchasers, right? You have to have
both.
BOARD MEMBER SPERLING: Right.
CHAIR NICHOLS: You can't proceed without both.
We couldn't do both together at the same time. I mean,
the bandwidth isn't there, but also, as Ms. Vergis was
saying, the decision, I think, on the part of the staff
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having lived through several iterations of this kind of
policy making, was that it was important that we address
the production side first.
So I think we've got about as close to a public
commitment as you could possibly make, short of trying to
amend the rule. I think amending the rule would be
dangerous. I could explain why I think it could be
dangerous in various ways, but I wouldn't go there. I
am -- we could talk about that more if there's other Board
members that want to do that.
BOARD MEMBER SPERLING: Okay. Okay. So I have a
less provoc -- a second less provocative question. We had
many of the representatives from the other states -- I
guess they were all one 177 states, plus NESCAUM. I've
not heard anything in terms of the rule that acknowledges
that, you know, in -- in terms of the design. And those
of us that suffered through the light-duty ZEV rule, we
spent a huge amount of time working with the other states
with all kinds of creative mechanisms. And someone
mentioned -- I forgot who it was, mentioned the idea of
pooling, which comes back from the light-duty ZEV.
I wonder -- it's not that we necessarily have to
change anything now, but I wonder if more deliberate
discussions with the other states -- with other states
would be useful in terms -- and maybe lead to some kind of
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adjustments down the -- down the road.
CHAIR NICHOLS: Yeah. I think Jack should
address that one.
Yes?
Hello? Are we going to get a response on that
from staff?
EXECUTIVE OFFICER COREY: Jack or -- if -- Jack,
if you're -- if we can't hear you, Steve can you take it?
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI: I
hit unmute. Go.
MSCD ASSISTANT DIVISION CHIEF VERGIS: Hi. This
is Sydney Vergis again, Assistant Division Chief. So to
address your questions, I want to clarify that, yes, we
did not make any specific provisions for adoption by other
states baked into the regulation, but that certainly
doesn't preempt us from having those ongoing
conversations.
In terms of our work with other states, certainly
we've heard from NESCAUM and a variety of others we've
been working with, particularly under the intent -- the
memorandum of understanding that was referenced at the
December Board meeting. And we certainly recognize that
while California represents a large part of the national
market, it's certainly not just a California market, and
so that these partnerships will be critical moving
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forward.
BOARD MEMBER SPERLING: Yeah. Even more, I
would -- so I would emphasize that we really make that a
top priority, because, you know, on top of what you just
said is the fact that we need to create a large industry.
You know, we need to get those scale economies. And so
bringing in other states and other countries is absolutely
fundamental to success for us. So I just want to
emphasize that.
The last thing I want to bring up is back to the
controversial topics are these near-ZEV credits. And I
feel like so many people brought that up, I feel the need
that, you know, to acknowledge that and to address it a
little bit.
And that is that as Chair Nichols said, we have a
separate low-NOx proceeding. And I think many of the
people that spoke were dancing around that reality. To
me, this ACT Rule is for both pollution and climate
change. And so I can imagine -- I'm going to suggest that
not now, but maybe staff and Board think about this as an
adjustment later on, is that we do have something that's a
little more performance based that says if someone can
bring forth a low carbon fuel, and can assure that a low
carbon fuel will be used, and it's very low NOx, then we
ought to be willing to consider that.
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And the -- there are a couple of caveats. One of
the reasons I think that is because despite what some say,
like Tesla, that, you know, that for sure we're going to
have battery electric long-haul trucks, I'm not quite
convinced how successful that will be.
And there's a very good likelihood -- I mean,
hydrogen might do the job, but there's a good possibility
we might want to use low carbon biofuels in those
long-haul trucks. And it's not a trivial part of the
market. And so sending a signal that there will be a
role. And so this is not necessarily remote natural --
renewable natural gas, I happen to think probably the
biofuel -- liquid biofuels are likely to be more important
and more promising.
But, you know, just looking at it from a
performance-based perspective, I suggest that we pursue
that idea, you, know in a future action, that -- that
manufacturers and consumers can meet it with very low
carbon fuels, and very low carbon pollution.
And I want to acknowledge -- one of the reasons I
don't feel this is urgent is because the reality is
there's not that much renewable natural gas, and it's
limited, and, in fact, there's a lot of arguments that
maybe it should be used in other applications rather than
transportation. So I don't get so excited about RNG right
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now, but I do think that we ought to leave a path open for
some of these truck's market segments that could be very
challenging in the future.
CHAIR NICHOLS: Thank you.
I'm going to comment later, but I'd like to go to
other Board members next.
So Ms. Takvorian.
BOARD MEMBER TAKVORIAN: Thank you.
I agree with Professor Sperling, this is
revolutionary. So we're excited to be here to get to
today. It's very different than where we were in
December. And I think we ought to really note that and
give a lot of kudos to everyone who helped us get here.
I think this is one of the most collaborative
efforts I've seen. I very much appreciate the NGO
community, the environmental and environmental justice
communities that came forward with an analyses and clear
statements about how they wanted to see this rule proceed,
and to staff for really, really listening, and for having
a whole set of workshops and conversations that have
really allowed us to get to a point where we're at twice
the number of ZEV trucks by 2035, than we were in the
original proposal. So, you know, let's savor that for a
minute and say congratulations to everyone.
And, you know, we were sitting in West Oakland
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with hundreds, if not thousands, of trucks surrounding us
and -- we saw at the port. And we knew that that's
exactly the kind of community that really needs to have
relief. And now having -- continuing to live through the
COVID pandemic, we know that folks in communities like
West Oakland and other environmental justice communities,
and communities of color across the state are the most
impacted. And that this rule is -- when it gets
implemented is the rule that's going to be help to save
them from other attacks on their respiratory systems.
The crisis has really illuminated the need for
this ambitious rule and others that will follow to protect
the health of these Californians, all Californians,
because they actually have greater vulnerability and
mortality because of COVID-19.
And I guess I just -- also, the other thing I
really want to point out is that we should make no
mistake, this -- this rule advances racial justice. And
in a time when we are talking about that every day, we
need to recognize that these types of heavy-duty vehicles
disproportionately impact communities of color and
communities around ports, and this rule is going to give
some relief. It's not going to give the relief tomorrow,
but over time it really is. And I think that's something
to note and to celebrate.
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The other thing is I think that the CERPs that
have come forward so far, and those that are coming
forward, are relying on this rule. And they're relying on
other rules that are coming, but this one is critical. I
though in San Diego, the CERP that will come forward is
very focused on heavy-duty vehicles. And I know the other
ones are as well, so we have to do this as a Board, if we
want to have success within the 617 communities. It's
critical that we -- that we move this forward. And the
opportunity is really now for the port-adjacent
communities, because of so many of the trucks that are
going to be turning over in the 2020s.
And I also want to say, I think the environmental
justice communities have been very clear, that we're
looking at zero-emission vehicles, not near zero, but zero
emission. And I appreciate that there's other processes
that we can turn to for near zero as well.
I do think that one of the points that was raised
- I know it's important in San Diego - is the attention to
utility rates, electricity rates. And I look forward to
hoping that we can work with staff and with the CPUC to
really address those in the communities that are really
challenged by high rates.
So while I really support this rule, we also know
that it leaves communities at risk. And children born
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today may not actually benefit from this rule in the --
and it doesn't achieve the State's climate goals. And
that's why I'm really appreciative of the last slide
that's in the staff's presentation that commits to, as far
as we can -- Chair Nichols has said, as far as we can, to
what the Board direction will be from 2035 for a hundred
percent for drayage at ports and railyards.
And I would want to include in that in
distribution centers and warehouses as well. And perhaps
we meant that, but I think that's really critical. And
then the other deadlines in there, I think are very
important as well.
I'd like to see us -- I want to ask staff if we
could come back to the Board in mid-2021 with a report on
the progress to date and the projects for the Fleet Rule
targets. I think we're going to learn a lot in the next
six months and I know everyone is anxious for that kind of
assurance. And I know you're going to have -- be having
workshops. So not to have the Fleet Rule ready, but to at
least have a progress report, so we can see where it's
going.
And, of course, I would be remiss if I didn't say
could we get the Fleet Rule back here as soon as humanly
possible with having a robust public participation
process. So, you know, I know what all the constraints
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are, but I think it's really very important as folks have
said that we do that.
I also am looking at how we can consider earlier
requirements for new sources at ports and at distribution
centers. There's new bodies of work coming forward and to
the degree that we can, it would be good if we could
really get them started on a zero-emission path as soon as
they -- as they start their work.
And then lastly, I think it is very important
that we incorporate the labor standards and the
independent contractor protections into the Fleet Rule.
And I know you're thinking about that as well.
So a couple of questions in there in terms of
timing mostly. But again, congratulations to the staff
and to the communities who have worked so hard for this
and thanks so much.
CHAIR NICHOLS: Thank you.
Next up is Barbara Riordan.
BOARD MEMBER RIORDAN: Thank you, Madam Chair.
Let me go back to live.
I am very supportive of this rule, but I want to
go back to infrastructure and the need for that, and my
great concern for it moving along at the same time. And I
want to draw the Board's attention to one of the earlier
speakers, Volvo. And Volvo has a project here in the
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Inland Empire, which serves the Ports of Long Beach and
L.A. It's a project that we have funded to, gosh, a level
of probably $45 million. And South Coast has
participated, as well as Volvo.
And I heard and I want to be sure that we
pursue -- they mentioned some difficulty in getting the
infrastructure put in place for the trucks that they're
bringing in for this demonstration project. They have
about 23 trucks that they're bringing in in the next --
this year and next year together, that we are very sure
that we aren't having problems that we can't overcome.
So I would encourage our staff to look into that,
and maybe I misunderstood, but I don't think I did. I
think there is an issue of infrastructure and it's
building out the infrastructure. And we're not talking
about a very long distance. We're talking about --
because those trucks are going to move from the ports into
the Inland Empire where the warehousing is.
So I would very much appreciate an emphasis on
infrastructure. I think that's so critical to the success
of this project before us, the electrification of our
trucking industry.
Thank you.
CHAIR NICHOLS: Thank you, Ms. Riordan. I know
that the staff have been talking about how to improve or
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accelerate our involvement in these issues, as was
indicated at the beginning by our friend Tyson from
GO-Biz. We do have other sister agencies that are working
on these issues as well. But a higher even more intense
level of coordination is clearly going to be necessary, if
we're going to get to where we need to go in a timely
fashion.
And so I know that staff has been looking at how
they might possibly address these issues in a more
forceful fashion from our own perspective as well. And I
see that Mr. Cliff is here. He's muted at the moment.
But if he wants to add anything to that at this point
maybe we could.
DEPUTY EXECUTIVE OFFICER CLIFF: Thank you, Chair
Nichols.
CHAIR NICHOLS: There you go. Okay.
DEPUTY EXECUTIVE OFFICER CLIFF: We take that
point and agree it's extremely important for us to deal
with the infrastructure concerns, not only for this rule,
but for others that are coming before you. And you'll
hear after this an update on our at-berth, which also has
infrastructure concerns, as well as other freight
light-duty vehicle and heavy-duty vehicle work that we're
going to be doing, that all rely on that infrastructure
being in place.
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So we are looking at ways that we can better
coordinate across CARB and with our -- our sister agencies
at the PUC and the Energy Commission, as well as electric
utilities, and other stakeholders to make sure that this
is successful. So we really appreciate that comment and
we hope to have a better way to coordinate across all of
those efforts very soon.
BOARD MEMBER RIORDAN: Thank you very much.
CHAIR NICHOLS: Okay. I believe we had Dr.
Sherriffs next.
BOARD MEMBER SHERRIFFS: Thank you. Can you all
hear me okay?
CHAIR NICHOLS: Yes.
BOARD MEMBER SHERRIFFS: Okay. Ryan is nodding.
Great. You know, I also want to really thank --
their are obviously lots of folks to thank, but all of the
testimony and the patience of everyone involved in that.
And, you know, obviously thanking staff, but particularly
calling out Ryan in this age of not having any sports to
go to. Watching Ryan at work, it was like a sports event
as he was juggling --
(Laughter.)
BOARD MEMBER SHERRIFFS: -- and handing the serve
and volley over there, so it was really wonderful.
But you did a great job, Ryan. Thank you. And
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you really moved it along. You really moved it along,
because that was a lot to squeeze in, and really
acknowledging what a great job in terms of testimony how
much we learned from two minutes from each of the
presenters. It was really very well done. And thank
everyone for their being concise and sharing their passion
and information with us.
You know, it's already been pointed out, as
momentous as this is, and there is much to celebrate in
this, okay, party is over. This -- this -- this only
works because it obliges us to make very important
commitments as Diane Takvorian, as Dan Sperling, you know,
highlighted so well.
Yeah, we are committed to these fleet rules and
doing this as soon as possible. We are committed to
moving forward on infrastructure. We are committed to
getting the short-term, the immediate gains for air
quality from what's available already in technology for
low NOx.
And, you know, I was looking for something to
disagree with the eloquence of Diane Takvorian and Dan
Sperling, the one thing I would disagree, boy, fleets
mid-2021, that's a long way off when we think about the
kinds of commitments we're asking other people to make.
And we really need to be sure that's a very strong
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commitment and that we continue to move forward on that,
because it is a lot of working parts. They are separate,
but they only succeed -- succeed together.
So, yes, momentous and great, great, great,
great, great obligation that we have committed to here.
So thank you.
BOARD CLERK SAKAZAKI: Chair Nichols, I think you
are on mute.
Chair Nichols, can you hear me?
CHAIR NICHOLS: Yes. Yes. Yes, I hear you.
BOARD CLERK SAKAZAKI: Okay.
CHAIR NICHOLS: I'm having a hard time. I was --
sorry, I was trying to say, because I don't have the list
of the Board members in front of me. When I called on
Steve Cliff, the Board members names went away.
And I've been trying to click on everything I can
think of and not getting those names coming up. I know
that Dr. Balmes wanted to speak. I'm not sure who else
did, but somebody else may have to do the calling on.
BOARD MEMBER BALMES: I think, Mary, that Judy
and Hector were before me.
CHAIR NICHOLS: Okay. Then thank you for that.
Judy, you want to go next and then Hector.
BOARD MEMBER MITCHELL: Sure. Thank you very
much.
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This is really a bold step that we're taking
today. It seems natural that it would follow our Advanced
Clean Cars regulation that's been in place for a while.
And it seems appropriate that California is doing it.
It's really a privilege and an honor to be part of it.
And I'm very optimistic that we're going to accomplish a
lot with this rule.
I'm also pleased that we had people from other
states here to join us, because I think, as Dan said, it's
important that we have a broad coalition to go with this
on this adventure.
And CalETC also mentioned to me this pooling
possibility that Dan mentioned. I think it's something we
should look at in the future. I think it's good idea.
The task in front of us is daunting. We need
incentives and we're in a period of time when there isn't
a lot of money on the table, but we hope that will change.
We need investments in the infrastructure. And one
comment that came up regarding infrastructure that I think
we should pay attention to is can we get standardized
infrastructure. Some coalitions are working on that, but
I think that's important in order to have this be
successful. To the extent we can standardize for certain
classes, we should do that.
I know there's a lot of question about what kind
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of sizes we need for batteries and for the chargers, but
that will get worked out as -- as the project proceeds.
The other thing is information. And as Barbara mentioned,
we have several pilot projects going on now with electric
trucks. And we should be paying attention to those to
inform what we do as we move into a more electrified
transportation world.
I'm very pleased that our resolution does mention
coordination with the Fleet Rule and with an Omnibus Rule.
And I understood when I talked with our staff about this,
that we expect to have a Fleet Rule in 2021. I think it's
important that we are moving forward with that very
quickly. And I think it's important that we try to track
what's in the Fleet Rule with what is in the mandated
manufacturing rule, the sales rules.
The item that came up again and again was the
near-zero low-NOx 0.02 engine. And I understood that this
rule is intended to be the zero-emission rule. And that
the Omnibus Rule is then going to be the rule that we use
for addressing internal combustion engines.
I had some questions, as I was listening to the
testimony about how that would work. I know staff has
told me there will be a credit program in the Omnibus
Rule. And I'll be interested in seeing what that credit
program is, and who's trading, and what the incentives
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are, because I think it's really important that we are
able to use that low-NOx 0.02 engine for the near-term
reductions that we need. This is really important in the
South Coast, important in San Joaquin Valley, and
important in some of those other areas that were listed as
non-attainment on the SIP that we approved as our first
item today.
So I know that a lot of the people asked for us
to amend this rule to put in a new definition for near
zero that would include the low-NOx 0.02 engine. But in
talking with staff and listening to the testimony today, I
have concluded that this isn't the place for that, but I
think I'll be looking forward to that Omnibus rule, which
I understand is coming out within days, and that is where
we should be concentrating on that particular technology.
How can we accelerate it in the nonattainment
areas like San Joaquin and our -- and our South Coast, and
how can we use it as a near-term solution to get those NOx
reductions where they need to be for the federal air
quality requirements by 2023 and 2031.
And let's maximize that to the extent that we
can. That's a good technology. We really worked on
developing that, and CARB put some money into that. And I
don't think it should be abandoned. I think it's an
important technology that is useful for now. In the long
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term, we know we want to go zero emissions, but that is a
useful technology for us to be focusing on now. And I
think we should continue to look at that carefully and
think how we can incentivize it for the near term
reductions.
Thank you.
CHAIR NICHOLS: Great.
Mr. De La Torre.
BOARD MEMBER DE LA TORRE: Thank you, Chair
Nichols. I wanted to piggyback on the very opening from
staff and your comments Chair Nichols about where we are
in the process that -- that this isn't a stand-alone, that
it's the first of three. ACT, then we're going to have
the Omnibus low-NOx rule here in the next couple of
months, and then at some point in the next year and a
half, two years hopefully, we'll have that Fleet Rule.
And it's the package of those three that will send all the
signals we're trying to send to bridge ourselves away from
diesel.
That's what we're trying to do here and this is
just the first piece of it. There's also a fourth one,
which isn't in our control, but at the local district
level Indirect Source Rules will also be involved here. I
think Board Member Takvorian alluded to that as well. So
Three and a half regs in package over the next couple of
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years that will drive us away from diesel. And it's
amazing that here we are in 2020 and we can see a path to
getting rid of diesel for heavy-duty purposes.
And so I look at this vote today as the first
piece of it. As Board Member Mitchell said, we will be
looking at low NOx -- 0.02 low NOx incentives going
forward. This is for zero in this particular regulation,
but I think it's very important that as we put the final
touches to this regulation, that we do have some language
that alludes to the package. I think it's pretty clear
from the Board that we see it as a package and that should
be reflected in the language of this regulation.
You know, nothing binding obviously, because we
don't want to anticipate what we're going to do in those
subsequent rulemakings, but we should reference them in
this package, and then obviously in each of the others
refer back to this, and the other components -- the other
three components total of this goods movement package for
trucks.
The other I think dynamic that we have, and I've
said it to staff, I've said it to a number of
stakeholders, I am obsessed with the 8,000 trucks at the
Ports of Los Angeles and Long Beach that are going to be
out of compliance at the end of '22. And to me, we have
to do everything possible to make sure that those 8,000
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trucks are not replaced by diesel. Because we're in this
transition to the future, we have this opportunity right
away with not a huge number of trucks relative to the
700,000, 800,000 that we have -- heavy-duty trucks that we
have in California that we do something with those 8,000
trucks to make sure that they are zero or near-zero and
not diesel.
And then also in some other sectors, the waste
hauling is one, street sweeping may be another. So we
need to think about some of these subsets that we should
start transitioning as soon as possible to zero or near
zero, because we just cannot continue to replace these
trucks with diesel. We know how long they last. We know
how much they spew into the atmosphere and into this
communities like the one I live in.
And so we need to make sure that we have that
transition queued up here in the short-term, even as we're
setting targets for the medium and long term.
Thank you.
CHAIR NICHOLS: Thank you.
Mr. Serna.
BOARD MEMBER BALMES: I think I might be next.
CHAIR NICHOLS: Well, I have you after --
BOARD MEMBER BALMES: Okay.
CHAIR NICHOLS: -- a couple of other people, but
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if you think you're first -- you're next.
BOARD MEMBER SERNA: Dr. Balmes is first. Dr.
Balmes is first.
CHAIR NICHOLS: Okay. Go for it.
BOARD MEMBER BALMES: Thank you, Phil. And it's
in part because I have to also leave for a phone call.
I'll be back. Phone call at 4:00.
So I'll be quick, because I agree with a lot of
what my fellow Board members have said, but I want to
highlight a few points. And I'll start with saying how
proud I am of the staff's work in response to our December
call for a more ambitious ACT and for the engine
manufacturers and the other stakeholders on the
environmental side who have engaged with staff. And I do
agree with Dr. Sherriffs that it's a very robust process
that has I think been positive, because we need the -- to
continue to have a relationship with the engine
manufacturers as we move forward.
I'm glad that Dr. Sperling brought up the issue
of the ultra low-NOx trucks -- heavy-duty trucks, because
I also am skeptical that we're going to have a robust
heavy-duty electric market as fast as some people are
saying. I hope we do, but I think we have to have a
nearer term solution.
And I want to just highlight what Ms. Takvorian
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said about how this is really an important environmental
justice and racial justice -- racial ethnic justice
resolution even that doesn't look like that on the
surface. And I think that the ultra low-NOx heavy-duty
vehicles are going to have to be a transition to protect
those disadvantaged communities until we really have a
robust heavy-duty zero-emission vehicle market.
And then I want to highlight one thing that -- or
one spin-off of what Mr. De La Torre said. I agree that
getting rid of -- well, making sure that the drayage
trucks of the future are zero emission is very important.
It's important in Oakland as well as the South Coast
Board.
But I don't want to forget what some of the
witnesses said about the workers, about the truck
drivers -- the so-called independent contractors. To me,
this is a crying shame. I realize we can't ourselves do
that much about it, but I think we should try to be as
intentional as possible to try to help these folks afford
the clean vehicles that we're going to make -- that we
have to make available to protect the community, because I
think it's nuts that the trucking companies foist these
costs onto the drivers.
And so I was very impressed with some of the
witnesses and I agree that this is big problem. So we
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can't forget about the workers when we're trying to
improve the environment.
CHAIR NICHOLS: Okay. Thank you. Go make your
call and we will next call on Mr. Serna.
BOARD MEMBER SERNA: Thank you, Chair Nichols.
Well, first of all, I want to add to the accolades and
appreciation for certainly all the folks that testified
today.
(Dog barking.)
BOARD MEMBER SERNA: Even the dog apparently.
(Laughter.)
CHAIR NICHOLS: He wants to be heard first.
(Laughter.)
BOARD MEMBER SERNA: I certainly want to extend
my thanks to staff. This is a long time coming. I think
we can all hear in the expressions by Board members that I
think we commonly believe this to be an important
milestone moment in terms of this particular rule and
it's -- and modifications to it.
One of the things I was kind of getting nervous
about is when I see a slide that says manufacturers are
launching products before the rule starts. That was part
of the presentation. And it always makes me think
critically about whether -- where we are in terms of a
regulatory agency that is largely charged with rule making
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and implementing legislation, whether we're doing enough,
and is this really the product of doing -- in terms of
pressing the envelope or are we not doing -- you know,
should we be doing more?
One of the things, I guess it's in the form of a
question for staff, is -- and I did have a number of
questions around the Class 2b, 3 segment in particular.
But my question for staff I guess is, you know, we're
looking at this starting from the three-quarter ton pickup
forward to, you know, large semi-class 7, 8 tractors.
But what are -- what are we looking at that's
comparable to this effort that is really targeting the
largest segment of consumer -- or -- consumer purchases of
half-ton models of pickups, the F-150s, for instance?
It's great that we're -- we got such a broad
spectrum of classes that are under this rule, but what are
we doing relative to kind of the distance between say an
F-250, a Class 2b/3 diesel, 6.7 liter, and -- and ZEV
passenger vehicles? I don't know that I've seen something
comparable yet that's been discussed or presented. So I
just present that in the form of a question.
BOARD MEMBER SERNA: The silence is deafening.
CHAIR NICHOLS: Yes, I know. Mr. Corey, are you
prepared to respond or do you want to turn it to somebody
else.
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VICE CHAIR BERG: I think he was double duty on
looking at the schedule. So, Cliff --
CHAIR NICHOLS: Cliff, you're there. Steve is
there. Jack is -- Jack may be able to get off mute
finally.
(Laughter.)
CHAIR NICHOLS: He was stuck in mute.
DEPUTY EXECUTIVE OFFICER CLIFF: We'll save Jack
for this one.
CHAIR NICHOLS: All right.
DEPUTY EXECUTIVE OFFICER CLIFF: Mr. Serna --
Supervisor Serna, the light-duty trucks, the F-150 for
example that you mentioned would be in the Advanced Clean
Cars Regulations. And so as we discussed last month, we
actually, you know, are in the midst of developing those
rules and hoping to bring those back to the Board by the
end of next year. So that's something that we would be
looking at.
I think it's encouraging, especially knowing that
there is a consumer preference for the cross-over SUVs as
well as for light-duty trucks that are still serving in
the passenger category, that there is a lot of interest in
the zero-emissions vehicles in that space. So we're
seeing that not only from, you know, those who are putting
down payments on the Cybertruck that Tesla recently
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announced, but also other categories like Rivian has a lot
of excitement around it. And, of course, some of the
other manufacturers have already announced product that is
upcoming.
So it's something that we're going to continue to
look at and it's an important issue. What we really need
to make sure that we do is not create an incentive for
pushing into one category or another and avoiding having
to do requirements by kind of trading across that
light-duty and heavy -- or medium-duty category. And we
know that's been an issue in the past, so it's something
that we're well aware of and looking to avoid.
BOARD MEMBER SERNA: And that's precisely --
thanks, Steve, for the response. That's precisely why I
asked the question now is when we don't -- if we let this
type of rule, regulation affect a set of -- segments of
the market well in advance and at some distance in time
from the next one, we know that consumers will naturally
gravitate to their preference. And if you don't give them
a broad spectrum of zero-emission opportunity, we can kind
of guess where maybe some of the more skeptical consumers
in this space might land.
And so it's not that we want to punitively, you
know, cut them off and limit their options. I think we
want to do exactly the opposite. We want to give them the
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widest amount -- spectrum of zero-emission options for
pickups in particular that we can across the different
sizes of pickups. That's the point I'm trying to --
trying to make here.
So I appreciate it. Thank you.
DEPUTY EXECUTIVE OFFICER CLIFF: Thank you.
VICE CHAIR BERG: So I think the next Board
member is Nathan to comment.
BOARD MEMBER FLETCHER: Thank you. Thank you
very much. I can't claim, I don't think any longer, to be
a new Board member, but I can certainly, I think, still
lay claim to being the newest Board member. And I -- you
know, I just want to say I'm very proud to be a Board
member of the California Air Resources Board. I think the
issues we tackle and the work that we do is of vital
importance. And really, we are being leaders. And so I
just want to thank all of you who have been a part of
getting us here today over the years, and all the staff
and work that's been done certainly prior to me joining.
And I'm -- I'm very pleased to be a part of this
step forward that we're taking, understanding that this is
one piece of at least three parts that go together here,
but really personally taking to heart in a very meaningful
way how important the efforts around heavy-duty trucks
are.
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You know, it's been stated it's one-third of our
California NOx emissions. It's 20 percent of our
greenhouse gas emissions. And, you know, I've said this
before, but I represent a district in San Diego where the
environmental justice issues are very real. It's not just
statistics. It's the reality that in one part of the
district I represent a black baby born today will live ten
years less than a white baby born today in my same
supervisorial district. Certain parts of communities I
represent, AB 617 communities, will have asthma rates at
eight to ten times that of other parts.
And so the things that we're doing are going to
have a very real and meaningful impact on environmental
justice issues and public health costs, and actual lives
that are taken. I also think there is an economic
opportunity in front of us. It's certainly not going to
be without some impact or cost, but there's tremendous
savings to be had on the public health side, and there's
also the realization that close to 300,000 Californians
work in these industries and fields And as we can be
pioneers as a state, I think there's economic benefit to
us there.
So very pleased to support this. I do appreciate
the ability to move the role a little bit further sooner,
quicker, in terms of getting some of the impacts that we
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desire.
And the only thing that I'd like to add is as we
move forward, particularly as the fleet things, it is very
important to me as a Board member that we take into effect
that I believe the burden of compliance needs to be on the
operators and not the independent contractors. I'm very
concerned about the exploitation of independent
contractors in our current economy. I know that there's a
lot of efforts underway to try and address that. But I am
very concerned about that, and I want to make sure as we
move forward with the Fleet Rules that the burden for
compliance is on the operators.
And so that is certainly something I will be
looking to as we move forward. But very pleased to
support this. And again, I just want to commend everyone
who's been working so hard on this for so long and am
pleased to join in and hopefully seeing its passage, and
look forward to the additional two efforts we have
surrounding this and everything else we'll do at CARB.
Thank you.
VICE CHAIR BERG: And I'll go ahead and jump in.
I, too, am very excited. You know, I've heard words like
"revolutionary", "bold step", "on the sides of history".
And those are all such true statements. And yet, as
someone who actually has to implement this rule at my
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company, and look at, and understand how daunting a true
transformation is, I would really encourage us to look at
new ways.
The thing that comes to my mind is when we do the
same thing and expect different results. And this is
going to be just the same type of transformational
implementation in my mind as going to the moon. And it's
going to take that village of people that are just so
committed to overcome the barriers, to knockdown
challenges. And so for all of ours agencies and our
sister agencies, wouldn't it be great if we did have a
team of people that really were empowered to knockdown
these barriers from cities, to regions, to the state.
And so I look forward to participating as
somebody who will be buying electric trucks one day and
using them at my company. And so I am very, very excited
about that.
I had two things that I'd like just staff to just
clarify for me in the resolution. And that is the
reference of the fleets that we were going to have a
hundred percent by the years that we listed here. And I
just wanted to make sure that I understood that that's a
hundred percent of the purchases or the sales by that
time. So when we say a hundred percent zero-emission
fleet by -- for drayage trucks by 2035, we're speaking
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that all sales, at that time, or are we thinking the full
fleet will turnover to a hundred percent by 2035. So it's
just a clarification.
And then also, as we are implementing, we talk
about the incentive programs, and we often refer to Low
Carbon Fuel Standard, which is a great instrument for
offsetting costs. But on the Class 2bs and 3s, a lot of
those might be charged at home or are going to be
projected to be charging at home, and how are we going
to -- those will go to the residential credits right at
this time. And so the nuances that we're going to have to
look at as we go down the road I think will be very
important as incentives of all types are going to be
critical.
And I do support so many of the things that my
fellow Board members were talking about, but especially in
the environmental justice. I'm really convicted[SIC]
right now, at this time, that words are important, but
actions are critical. And I hope that we have mechanisms
to absolutely track and to show the progress, even if it
takes many years. As Diane Takvorian said, this isn't
going to happen tomorrow, but we have to know that we're
making a difference in these communities and they are
getting healthier, and we have to have metrics. And so
I'll be looking forward to that as well.
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So thank you very much and I think the last Board
member, Chair Nichols, is John Gioia.
CHAIR NICHOLS: Yes. I was just about to call on
him. I got that far, but then I just found every time
I -- every time I click on participants, I get nothing but
Steve Cliff.
(Laughter.)
CHAIR NICHOLS: So I don't know what -- I don't
know what Steve has done to my computer, but whatever it
is.
(Laughter.)
DEPUTY EXECUTIVE OFFICER CLIFF: (Thumb raised.)
VICE CHAIR BERG: He always likes to be first.
(Laughter.)
CHAIR NICHOLS: Some form of a takeover.
(Laughter.)
CHAIR NICHOLS: All right. Supervisor Gioia off
to you.
BOARD MEMBER GIOIA: Thanks. The advantage of
going at the end is I don't have to speak as long, because
I don't want to repeat what others have said, but just to
say this is clearly bold, and historic, and meaningful.
In a way I wish we could go further and I'm going
to make a suggestion about -- with the staff about the
resolution. I think a couple of those categories I'd
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support five years sooner. And let me sort of explain
why. You know, I live and represent an AB 716 community,
Richmond. And in Contra Costa, we are actually moving
faster than this on our land-use conditions. And there's
sort of work -- they really work hand-in-hand.
There are proposals for two new large warehouses
in North Richmond, which is a highly impacted community
near a chemical plant, near a refinery, near a port. And
I've had discussions with FedEx. And they've agreed, and
I acknowledge that they're doing this, to some very
aggressive land-use conditions that we're putting into
effect.
That on day one when they open in 2021, that 50
percent of their delivery vans will be zero emission and
80 percent by 2025, with a hundred percent shortly after
that. And then any heavy-duty trucks domiciled at the
facility would be zero emission all by 2025, and they made
a commitment to that. And we basically said we're only
going to approve warehouses that bring in clean vehicles.
And one of the comments they made is but we want
to make sure that these vehicles are being manufactured,
so we can buy them and that they're available.
So I really am a strong believer that we need to
be working on both ends, right, the land-use end, where
we're requiring these n new facilities, and on the
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manufacturing end, so both demand and supply. I think
some speakers have referenced that.
And so, you know, those that would oppose this
will say there's no buyers out there. And then those that
oppose the land-use conditions, say they're not being
manufactured. So that's why we need both.
And I think given the shift to more eCommerce, we
are going to see even greater growth and need for zero
emission, because of the expansion of warehouses to
accommodate that growth.
So I don't know anybody that has -- is going --
has more aggressive land-use conditions. Maybe there are
and that would be great. And so I'm actually wondering,
you know, the delivery vans, why doesn't -- which I -- is
a major growth area. Already the vans are being
manufactured. There's already commitments. And I think
CARB's Freight Handbook which hopefully will get finalized
and out will have this as a -- as a -- as a land-use
condition, requiring these zero-emission delivery vans for
new facilities.
So I think we -- I think -- I agree with those
who would say that we should be -- we should -- we should
be aggressive in our goals in the resolution as well, and
really move up the delivery vehicles and the refuse. But
frankly, I think the delivery I see as a -- as a good
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opportunity to 2035, as well as utility and government
fleets to 2035.
Government is willing -- I know government is
anxious and wants to take action, so why not move up those
dates to 2035, so they're the same as the drayage date?
Can staff respond to that?
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
I'm going to try the unmute button for the third
time. Is this working okay?
EXECUTIVE OFFICER COREY: We got you, Jack. Go
ahead.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Thanks. Well, I'll say we did set -- we set
these goals to be aggressive and bold, and we do think
they are. Supervisor, I think you've picked out the ones
first- and last-mile delivery. Of the ones in this list
that could possibly be moved up, I think that probably is
the one that I would say has an opportunity to do that.
But it is -- you know, what we were trying to
balance was vehicles that are being purchased and making
sure they had continued life for those that are being
purchased in the -- in the near term.
This is a hundred percent of the fleet at that
time period. So those are still aggressive goals that
we're setting here for ourselves. And there are a number
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of, I'll say, just unique first- and last-mile delivery.
Some of the -- we call them last -- first- and last-mile
delivery, but some of them go quite distance, and so we
were trying to be a little protective. But that is one
that if that's the consensus of the Board, we could move
up.
CHAIR NICHOLS: But Jack, we have some issues
about timing here, don't we, in terms of making any
further changes in the rule?
BOARD MEMBER GIOIA: But this is the resolution.
This would be in the resolution, right?
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Right. We wouldn't -- we would not make --
basically, the ACT Rule as we're setting forth would stay
the same.
CHAIR NICHOLS: Yes, yes.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
The modification to the resolution is something
that --
CHAIR NICHOLS: Well, there are a couple of items
that people have raised for the resolution, so maybe we
should -- that's --
BOARD MEMBER GIOIA: So I'll put that on the list
of moving up -- that up to 2035 -- moving actually up
government fleets, and delivery, and the first/last mile.
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MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Government fleets are quite diverse. And, you
know, I'm not prepared to say, at this point, that that is
a -- is feasible. I think what we're doing -- maybe the
best way for me to state this is when we go to the fleet
rules, and we start going through the fleet rules and
really digest each of these, we will move as quickly as
possible. And if we find we can move quicker, we
absolutely will.
And so maybe that's the way to bring our
commitment to the Board, that maybe we could leave these
where they're at, but we will make a personal commitment
to you, that if we find that we can move these quicker, we
don't get bound and say, oh, we have till 2040, but rather
that if we find there's an opportunity there, we will take
advantage of that, and attempt to do that, and bring that
back to you.
CHAIR NICHOLS: So that would affect the
purchasing requirement, as opposed to the manufacturing
requirement, if we were to let that go at this point.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Correct. I mean, we could --
EXECUTIVE OFFICER COREY: That's correct, Mary.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
Yes, we could leave this where it is at and still
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commit to you to accelerate it, if we find, while we're
going through the fleet rules, that it's feasible.
BOARD MEMBER GIOIA: But, Jack, the delivery van
is so important to communities, because that's where the
warehouses -- they're working out of warehouses, so
they're concentrated. They're going back and forth into
communities. If it seems that that -- having an
aggressive goal at least that we work toward there.
MOBILE SOURCE CONTROL DIVISION CHIEF KITOWSKI:
No, I absolutely understand your point. And the
point we -- the Board made to us in December that we're
taking very seriously as well is that as we develop these
fleet rues that we emphasize disadvantaged communities and
getting emissions benefits within disadvantaged
communities as quickly as possible. So we absolutely will
overlay those two. And there certainly is synergy with
those two comments.
CHAIR NICHOLS: So I understand Mr. Gioia's point
about the Freight Handbook, which is hung up somewhere
over in Office of Planning and Research, I believe, and
the need for jurisdiction, such as his, that do permitting
for facilities to have something to point to and have the
backup for it, when they -- when they want to insist that
facilities commit to having only zero-emission vehicles
for these kinds of purposes.
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And if we could strengthen the language in this
rule -- the resolution -- not in the rule, but in the
resolution, would that -- would that make a difference?
BOARD MEMBER GIOIA: Yes. It's always helpful in
local government to point to something like that. Yes, I
can tell you that, because we've -- you know, it's --
we're able to do it, because I'm -- I'm familiar with what
CARB is doing. But, you know, it's important to help
those jurisdictions that don't have that connection who
want to do this.
CHAIR NICHOLS: Is there any objection to
including that language then in the resolution?
Seeing none. I think we could just go ahead and
do that. Thank you.
VICE CHAIR BERG: And then Chair Nichols I
think --
CHAIR NICHOLS: Yes.
VICE CHAIR BERG: -- Alex Sherriffs has his hands
up -- hand up. Did you want to make a comment, Alex?
CHAIR NICHOLS: Yes.
BOARD MEMBER SHERRIFFS: No. I just wanted --
wanted to endorse that and also whether, in the
resolution, again, as a goal, that we're going to try and
get the Fleet Rule out in 2021 not 2022, in order to
support what we've accomplished here today. It's
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obviously a complex process, so it's not --
CHAIR NICHOLS: Yes.
BOARD MEMBER SHERRIFFS: -- cast in stone, but
that, yes, this is -- we are all committed to this. We're
going to try and -- we're going to do everything we can to
make that work sooner.
CHAIR NICHOLS: So without objection, we will add
that language to the -- to the resolution. Is there --
BOARD MEMBER SHERRIFFS: Thank you.
CHAIR NICHOLS: You're welcome.
(Laughter.)
CHAIR NICHOLS: Anything else?
If not, you know, we have two other items on our
agenda for today and a court reporter who needs to take a
break. So I'd kind of like to bring this to a -- to a
vote. I just want to add a couple of thoughts, I guess.
Not much really. I don't need to say anything
more about the historic nature of what we're doing. It is
clear this is the first of its kind in the world. It's
part of a long line of groundbreaking actions that this
Board has taken to protect our air, but it's -- it is a
very important one, given its particular relevance for low
income and communities of color, and the fact that it's
just been so hard to get a grip on this particular
category of vehicles, because they are so critical to the
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economy, and because diesel vehicles last a very long
time, and turnover very slowly.
So I'm honored to have been called out by my
colleague, Dan Sperling, for having mentored him on this
issue of putting a stake in the ground. But I -- I mean
it seriously when I say that planting a flag for zero here
and reiterating, as we have, that we mean zero, not just
almost zero, but zero as the goal, and that we're taking
every step we can to get there, is going to be the way we
get there.
Without it, we won't or we won't for even longer
than it will take us, if we create the goals, and if we
maintain our vigilance about monitoring how this plays out
in the real world and our ability to be flexible if need
be.
I was listening with some concern to the
testimony from the manufacturers of vehicles that use
other fuels, natural gas, propane, et cetera, thinking,
you know, we're not in a position, and I don't really
think anything we're doing here is causing harm to those
industries. Our goal is not to put them out of business.
Our goal is to make a transition happen that everybody
those is happening and needs to happen, but not to have
the heavy hand of the past weighing us down and pulling us
back from making the changes that need to be made.
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So I think the Board has indicated their desire
and willingness to move forward here. And I'd just like
to ask for a motion and a second, and have the clerk go
ahead and call the roll.
BOARD MEMBER TAKVORIAN: So moved.
BOARD MEMBER SHERRIFFS: Second.
CHAIR NICHOLS: Okay. Mr. Clerk, would you
please call the roll?
BOARD CLERK SAKAZAKI: Yes, Chair.
Dr. Balmes?
Mr. De La Torre?
BOARD MEMBER DE LA TORRE: Aye.
BOARD CLERK SAKAZAKI: Mr. Eisenhut?
BOARD MEMBER EISENHUT: Aye.
BOARD CLERK SAKAZAKI: Supervisor Fletcher?
BOARD MEMBER FLETCHER: Fletcher, aye.
BOARD CLERK SAKAZAKI: Senator Florez?
BOARD MEMBER FLOREZ: Aye.
BOARD CLERK SAKAZAKI: Supervisor Gioia?
BOARD MEMBER RIORDAN: He's got his mute on.
VICE CHAIR BERG: He's mute.
BOARD CLERK SAKAZAKI: Supervisor?
CHAIR NICHOLS: John, you need to unmute.
(Laughter.)
BOARD CLERK SAKAZAKI: Ms. Mitchell?
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BOARD MEMBER MITCHELL: Aye.
BOARD CLERK SAKAZAKI: Mrs. Riordan?
BOARD MEMBER RIORDAN: Aye.
BOARD CLERK SAKAZAKI: Supervisor Serna?
BOARD MEMBER SERNA: Aye.
BOARD CLERK SAKAZAKI: Dr. Sherriffs?
BOARD MEMBER SHERRIFFS: Yes.
BOARD CLERK SAKAZAKI: Professor Sperling?
BOARD MEMBER SPERLING: (Thumbs up.)
BOARD CLERK SAKAZAKI: Ms. Takvorian?
BOARD MEMBER TAKVORIAN: Aye.
BOARD CLERK SAKAZAKI: Vice Chair Berg?
VICE CHAIR BERG: Aye.
BOARD CLERK SAKAZAKI: Chair Nichols?
CHAIR NICHOLS: Aye.
BOARD MEMBER GIOIA: Aye. I was on mute. Sorry.
CHAIR NICHOLS: We got you.
BOARD CLERK SAKAZAKI: Madam Chair, the motion
passes.
CHAIR NICHOLS: All right.
VICE CHAIR BERG: So for the --
(Yeas)
VICE CHAIR BEG: Madam Chair, for the court
reporter --
CHAIR NICHOLS: Yes, we're going to take a break.
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VICE CHAIR BERG: -- we had Diane Takvorian as
the first -- making the motion and who was the second,
because they didn't identify?
CHAIR NICHOLS: I heard Alex --
VICE CHAIR BERG: Alex Sheriffs was the second.
CHAIR NICHOLS: Alex gets credit for being the
second.
VICE CHAIR BERG: Thank you. Yeah, that will be
great for the court reporter. Thank you very much.
CHAIR NICHOLS: All right. Thank you, Sandy.
All right. And for the court reporter and
ourselves, we're going to take a ten-minute break. We
will be back at 20 past 4:00 and proceed with the At Berth
Rule.
BOARD CLERK SAKAZAKI: Sounds good. Thank you,
Madam Chair. I'll remind everyone to please mute their
microphones and turn of the video, and we'll be back at
4:20.
Thank you.
(Off record: 4:11 p.m.)
(Thereupon a recess was taken.)
(On record: 4:21 p.m.)
CHAIR NICHOLS: Okay. Great. All right,
everybody, the Board is back in session.
The next item on the agenda is item number
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20-6-4, an informational update on control measures for
ocean-going vessels at-berth.
If you wish to comment on this item, please click
the raise hand button or dial star nine now, and we will
call on you when we get to the public comment portion of
the item.
Today, the Board is going to be hearing about
progress that's been made on a proposal for expanding
emissions reductions from ocean-going vessels at-berth.
Over the past few months, we've seen the effects of the
public health crisis that continues to impact global
health and the economy. As we look toward the new normal,
we must continue investing in transitioning the way we
move freight to cleaner zero-emission technologies.
We certainly took a major step in that direction
just a few minutes ago, but there was much more to be
done.
Further, reducing emissions from ocean-going
vessels at-berth will provide much needed emissions
reductions and public heath benefits to port communities
that are already heavily burdened by air pollution from
the port activities. And it will also -- also related
freight sources, which is even more critical as
respiratory illness continues to spread not only in
California, but around the world.
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Mr. Corey, would you please introduce this item?
EXECUTIVE OFFICER COREY: Yes. Thanks, Chair.
So over the past 30 years, CARB, local air districts, and
the federal pollution control programs have made
substantial progress towards improving air quality in
California.
However, as noted, despite this progress, some
areas in California still exceed health-based air quality
standards for ozone and particulate matter. Many
communities surrounding California's ports are AB 617
selected communities and are recognized as disadvantaged
in part due to impacts from freight-related air pollution.
In 2007, the Board approved the Airborne Toxic
Control Measure for ocean-going vessels at-berth. The
regulation has been highly effective at reducing emissions
from container, refrigerated cargo or reefers, and cruise
vessels while docked at six ports across California.
At the December 5th 2019 Board hearing, staff
presented a new draft at-berth control measure that would
expand the already successful program. The proposed
regulation increases the number of vessel visits that
achieved emission reductions from already regulated
categories and adds new vessel categories, additional
ports, and marine terminals, as regulated parties.
Since that December Board meeting, a lot has
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happened. In response, to Board direction and comments
received during the 45-day commend period, staff has made
modifications to the original proposed regulation. Those
modifications were released March 26th 2020 through what
is referred to as the 15-day change process. Although, it
was released for a 30-day extended comment period.
You're also very aware the world has been dealing
with the pandemic and staff has been tracking both the
impacts -- those associated impacts. So today, we're
providing with you an update on our progress and are
seeking your perspective regarding additional potential
changes that provide added flexibility while maintaining
the health benefits of the proposal.
I'll now ask Nicole Light Densberger of the
Transportation and Toxics Division to give the staff
presentation.
Nicole.
(Thereupon an overhead presentation was
presented as follows.)
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
Thank you, Mr. Corey. Good afternoon, Chair
Nichols and members of the Board. During today's
presentation, we will discuss with you the updates that
staff made to the proposed regulation based on the Board's
direction during the December 5th, 2019 Board hearing and
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we'll also provide a brief summary of the comments
received on staff's proposed 15-day changes package.
Also, in light of many circumstances that have
changed in our world, since we were last here in front of
you, we would like to touch on the industry impacts that
we are seeing as a result of COVID-19 and have a
discussion with you about how we should proceed moving
forward.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
When staff brought the existing At-Berth
Regulation to the Board in 2007, it faced much of the same
opposition as our current proposal does today. But six
years into implementation, this regulation is proving a
success at reducing NOx and PM emissions from vessels as
berth.
Our state's ports, terminals, and regulated
fleets visiting California have stepped up and made the
necessary investments that are needed to accomplish the
goals of the regulation, in some cases with the help of
State incentive funding. And since implementation of the
regulation began in 2014, we've seen emissions reductions
from over 13,000 vessel visits.
The At-Berth Regulation is a ground-breaking
regulation. It's the only one like it in the world. The
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challenges and successes of this regulation are being
closely monitored globally, and it's driving change in the
maritime sector. Since the implementation of the existing
rule, other states in the U.S. and other countries,
including the European Union and China, have begun
installing shore power for cargo and cruise vessels at
their ports. And some are also exploring capture and
control technologies for tanker vessels.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
While the existing regulation has seen reductions
in NOx and PM emissions from container, reefer, and cruise
vessels at our state's largest ports, our port communities
are still experiencing health impacts, and there are no
additional measures on the books to continue reducing the
remaining health burdens associated with ocean-going
vessels at berth.
The current pandemic our country is facing has
also further served to remind CARB staff of the risk that
air pollution brings to vulnerable Californians. People
suffering from asthma and other health disorders, may be
more susceptible to illnesses like COVID-19, particularly
those with conditions that impact the lungs.
With many of California's ports and terminals
surrounded by densely populated areas and in close
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proximity to disadvantaged communities, further reducing
emissions from ocean-going vessels at berth is perhaps
more important than ever.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
The key elements of staff's proposal are shown
here on slide 4 as a refresher. As the proposal stands
right now, the new At-Berth Regulation would take effect
on January 1, 2021. The regulation would phase in by
vessel category through 2027, reducing at-berth emissions
from container, reefer, cruise, ro-ro, and tanker vessels
once fully implemented.
The current proposal would increase the number --
the total number of vessel visits, reducing emissions per
year from around 4,000 vessel visits to over 6,000 visits
per year.
Safeguards in the form of vessel and terminal
incident events and the remediation fund remain in the
proposal and an alternative compliance option called
Innovative Concepts was added to allow for lower cost
equivalent emission reductions to be used as a pathway for
compliance as long as regulated entities can prove that
the projects provide equivalent benefits.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
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As mentioned CARB staff presented our initial
proposal in front of the Board this past December in West
Oakland and received direction to accelerate the health
benefits of this regulation.
Staff held a webinar on January 30th, 2020 to
walk stakeholders through the proposed changes to the
regulation language. The changes were released for an
extended comment period that ran from March 26th until May
1st of this year to take advantage of the extension
provided by Governor Newsom to provide more time to work
with stakeholders.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
Slide 6 highlights the key proposed changes that
staff developed in response to the Board's direction this
past December. These changes include accelerated
implementation dates for tanker and ro-ro vessels,
development of the Innovate Concept compliance option,
strengthening of the interim evaluation, and
clarifications and updates to the regulation text that
include adjusting of the reporting time frames and the
amount of time that a vessel has to connect to an
emissions control technology.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
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The projected NOx reductions of 46 percent and
diesel PM reductions of 52 percent at full implementation
of staff's latest proposal are shown on slide 7. These
two pollutants are highlighted because of the importance
of reducing NOx to meet State Implementation Plan goals,
particularly in areas like the South Coast and the need to
reduce cancer-causing diesel PM to lower near-source
cancer risk for portside communities.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
Staff's current proposal is expected to result in
significant health benefits with around a 55 percent
decrease in potential cancer risk from vessels at berth at
the Ports of Los Angeles and Long Beach and in Richmond.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
In addition to a reduction in potential cancer
risk, staff's proposal is also expected to result in 250
avoided premature deaths, reduced hospital visits and
emergency room visits, as well as a reduction in exposure
levels. For example, staff's health analysis for the
South Coast shows reductions in cancer risk to around 3.7
million residents, about 2.2 million of which are in
disadvantaged communities.
As we discussed with you in December, the
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monetized statewide health benefits outweigh the cost of
the regulation. And there are additional health benefits
associated with the emissions reductions achieved by the
proposal that are currently not monetized.
As CARB's Research Division presented to the
Board in April of this year, some of those factors that
are not currently monetized include asthma exacerbations,
work loss days, school loss days, brain health, birth
outcomes, and cancer risk.
Figuring out how to monetize these additional
benefits is key in performing a truer assessment of the
overall benefits of regulatory efforts such as this one.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
Now, for the remainder of this presentation,
we're going to focus on the comments that staff received
from stakeholders in regards to both the changes we've
discussed with you today, as well as the impacts
stakeholders are seeing as a result of the economic
downturn associated with the current pandemic situation.
In total, staff received 80 comment letters on
the proposed 15-day changes. And the key comments are
highlighted here on this slide. You will likely hear from
stakeholders today that the implementation dates are
either too soon or not soon enough. You may also hear
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that the Innovate Concepts Compliance Option is useful and
a welcome addition to the proposal, but you may also hear
that it brings an element of uncertainty to regulate --
regulated entities.
And lastly, Board, you'll also likely hear
requests today asking to delay the rulemaking due to the
economic downturn. And while staff understands that the
shipping industry has seen significant impacts related to
the pandemic, we also believe there's a path forward
without pausing the At Berth Rulemaking. And we will
discuss the impacts we're seeing and a potential path
forward in slides 11, 12, and 13.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
First, we'll look at the impacts to the currently
regulated vessel categories. We've seen impacts to both
container and cruise vessels, with the cruise industry
being hit the hardest as shown here on slide 11. As you
may be aware, cruise vessels stopped sailing in April and
it remains to be seen when they may resume sailing in and
out of California this year.
Numerous stakeholders have requested that we
consider allowing the currently regulated container,
reefer, and cruise vessels to remain under the existing
regulatory requirements while they're dealing with the
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impacts of the economic downturn.
Now since these vessel types are currently
regulated with an 80 percent control requirement, staff
would like to discuss with the Board the potential for
adjusting the starting implementation date under the
proposed regulation to 2023 to allow for some additional
time for these vessel sectors to recover from the current
economic conditions.
This change is not expected to result in any
significant impacts to the emissions reductions achieved
over the next two years, as the control requirements for
both the existing regulation and proposed regulation would
be at similar levels for 2021 and 222.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
And next let's discuss the ro-ros. So slide 12
highlights the impacts to ro-ro vessels calling
California, largely as a result of declining automobile
sales associated with the current uncertain economic
conditions.
New car purchases are forecast to recover slowly,
meaning that ro-ro terminals are likely to see fewer
vessels visiting. Historically, past recoveries have
shown it takes around three to four years for ro-ro vessel
visits to return to previous levels. And general
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forecasts for auto sales show a recovery to pre-recession
levels occurring around the year 2025.
In terms of emissions, we're already seeing
reductions from the ro-ro sector due to the decrease in
the number of vessel visits and we expect that to continue
for some time.
Now, staff would like to discuss with the Board
the potential for restoring the ro-ro implementation date
to 2025, as initially outlined in the December 2019
proposal. Due to the decrease in emissions that we're
getting from the current economic downturn, staff
anticipate that shifting the ro-ro date by one year would
have minimal to no impact to the overall emissions
reductions achieved by the regulation.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
Moving on to our final vessel category, slide 13
highlights the impacts to tanker vessels. While tankers
have been impacted by the current economic conditions,
with crude oil imports dipping as people stay at home,
we're already starting to see increases in crude imports
in May and June, and demand is expected to continue
recovering as more people resume normal daily operations.
And because this sector is already starting to
see a positive trend and the implementation dates for
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tanker vessels and terminals are four to six years away,
and also due to the fact that tanker emissions make up
around half of the remaining ocean-going vessel at-berth
emissions as shown here on this slide, staff would like to
discuss with the Board maintaining the accelerated time
lines for tanker vessels.
In addition, the innovate concept compliance
option was requested by industry and the ports and tanker
stakeholders have indicated that they would use the
alternative compliance option in the early years.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
Slide 14 shows an example of a possible
alternative project that could potentially be used through
the innovative concept provision. Projects, such as the
example shown here, are designed to provide an additional
compliance option, and are anticipated to help regulated
entities like tanker terminals begin reducing emissions
within the accelerated time frame proposed by staff, if
they do not wish to or are unable to install controls that
require infrastructure changes at their berths.
In this example, replacing four dirtier line-haul
locomotives with cleaner tier 4 locomotives could be
equivalent to a tanker terminal controlling at-berth
emissions from about 70 vessel visits a year. Currently,
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the proposed regulatory language provides for a three-year
approval time frame that allows for an extension every
three years, as long as the emissions reductions achieved
continue to be equivalent or greater than those required
by the regulation and are additional to any other existing
requirements.
While the three-year period was designed to
ensure that the expected emissions reductions are still
early and extra to any other existing regulations, staff
have received comments that this three-year period causes
uncertainty on the part of regulated entities. So
extending that time frame up to five years would still
allow staff the opportunity to evaluate the regulatory
horizon and determine if emissions are, in fact, surplus.
As such, we'd like to discuss with the Board if
the approval period for innovative concepts should be
extended.
--o0o--
TTD STAFF AIR POLLUTION SPECIALIST DENSBERGER:
As needed, based on our discussions here today,
staff will follow up with stakeholders accordingly about
any potential adjustments to be made to the proposal and
would prepare another 15-day change package, if directed.
And we will need to return to the Board for a final vote
by August in order to meet our deadline to submit the
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regulator package to the Office of Administrative Law.
Thank you for your time and we welcome any
questions or comments you might have.
CHAIR NICHOLS: Okay. Okay. It sounds as though
we're ready to turn to public testimony at this point.
But if there any questions before we hear from the public,
we could entertain those now. Does anybody have any
questions about what is -- what staff is actually
proposing here?
Seeing none. Let's just turn to those who've
signed up to speak. And we're going to give you two
minutes again. Yes, I see you've already anticipated
that. Great.
BOARD CLERK SAKAZAKI: Thank you, Chair Nichols.
We have 35 commenters who currently wish to speak at this
time. If you verbally -- if you want to verbally comment
on this Board item, please raise your hand or dial star
nine now. And I apologize in advance if I mispronounce
your name.
So our first three commenters are Bill Magavern,
Catherine Reheis-Boyd, and Peter Warren. Bill, I have
activated your microphone. You can begin.
MR. MAGAVERN: Thank you. Bill Magavern with the
Coalition for Clean Air. We think that the Board had a
full discussion of this issue in December. And the
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proposal that the staff came up with follows the Board
direction, and therefore, it should be adopted without
weakening, and as soon as possible.
This proposal would yield almost two and a half
billion dollars in health benefits. And as the staff
presentation acknowledged that actually undercounts the
health benefits. It would avoid 250 premature deaths.
And when we look at the impacts of freight, those impacts
are not distributed equally. They fall disproportionately
on the low-income communities of color that are near the
ports in this case, whereas the benefits go to the
companies that are moving the goods and to people who are
consuming the goods, who are all over the Western United
States. And certainly the folks in those port communities
are not the main consumers of the goods.
So from an equity standpoint, it's absolutely
vital that we take these emission reduction steps. This
updated schedule will save lives. We do want to emphasize
that with the innovative concepts, we don't oppose them,
as long as they retain the crucial safeguards that are
built in.
You, as the Air Resources Board, and the air
districts are counting on these emission reductions in
your State Implementation Plan. They are necessary and
these disadvantaged communities are also counting on these
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reductions.
So this is not a time to falter in the path to
clean air. And this should be adopted no later than
August. Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Catherine, I have activated your microphone.
Pease begin your testimony.
Catherine are you there? Catherine Reheis-Boyd?
MS. REHEIS-BOYD: Yes, Ryan. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MS. REHEIS-BOYD: Oh, great. Good afternoon,
Chair Nichols and members of the Board. My name is
Catherine Reheis-Boyd and I'm President of the Western
States Petroleum Association, representing the tanker and
related marine terminals subject to this regulation. We
are fully supportive of achieving emission reductions in
port communities. This is a very challenging regulation,
so I'm going to touch on three elements and I have three
recommendations.
First, emission reduction options. Due to safety
concerns and controlling tanker emissions, we asked for an
alternative compliance option that would allow reducing
emissions equivalent to, but in lieu of, compliance with
vessel-based requirements. Unfortunately, the innovative
concepts added here impose limiting conditions, which make
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it frankly unworkable. We recommend CARB adopt the
framework in our March 6th letter, including that
reductions be surplus at the time when the innovative
concept measure is in place and not when a new regulation
is adopted it removes the credit.
Second, the timeline. The-15 day package
accelerated deadlines by two years. The prior deadlines
were already infeasibly short and the new deadlines only
exasperate the problem. We recommend CARB restore the
vessel control and plan deadlines or the pre-15-day
package version and look at incentives for early emission
reductions.
Last, feasibility study. A feasibility study for
tankers involving registered, international, safety,
classification, society organizations is necessary to
avoid serious safety concerns associated with CARB's
proposed control technology. We want CARB to be part of
this process. We request also that the feasibility study
findings be brought back to the Board so that you can see
the findings for yourself.
We all know future technology for tankers is
coming. The world maritime organization is working on a
variety of technologies, which will be targeting new
builds. So let's -- let's use whatever time you allow us
going forward to improve this reg, so it's safe, feasible,
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flexible, provides community reductions as early as
possible, and as cost effective as possible.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Peter Warren. After Peter,
will be Will Barrett, Jesse Marquez, and David Wooley.
Peter, I have activated your microphone. You can
unmute yourself and begin your testimony.
Peter Warren, are you there?
MR. WARREN: There we go.
BOARD CLERK SAKAZAKI: Yep, we can hear you.
MR. WARREN: I speak -- I speak for San Pedro and
Peninsula Homeowners Coalition and Indivisible San Pedro.
We support implementing the at-berth rule update without
further revision or delay. They are overdue. We are
concerned that longtime opponents of emission controls
have suddenly discovered COVID-19, claiming a new
environment and an opaque future dictate rethinking the
proposals. Their cynicism and opportunism is
breathtaking.
This new environment is killing people. That is
a certainty. Rather than support delay, the pandemic
underscores the need for tough regulation, that's because
Californians whose health is damaged by goods movement
driven pollution. Those with lung, asthma, heart,
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cardiovascular disease, high blood pressure are the very
people who are most susceptible to COVID and most likely
to die from it. The current At-Berth Regulation has been
effective.
The December proposal would save lives -- save
lives and money, as well as provide significant and
widespread health benefits. The answer to those who would
use the pandemic to undermine those rules is shame on you.
It would be particularly wrong-headed and disgraceful to
delay the original at-berth update because of the
pandemic, which is not going away this year or next or
maybe in our lifetimes.
Secondly, there's no connection between the
proposed regulations and a feared decline in business at
the twin ports. Note the Port of Long Beach reported an
increase May over May last year -- this year. You could
cut emissions rules entirely and it would not fix any
looming shipping recession, which is caused by the
worldwide pandemic. The fix is defeating the virus.
This cynicism is to be expected from goods
movement. They subscribe to disaster capitalism, which
exploits any catastrophe to externalize costs at the
expense of people's health. Environmental justice demands
you go ahead timely with these proposals. To be clear,
the public health benefits outweigh the cost.
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This is an environmental justice moment and to
ignore that would do further injury to millions of
Californians.
Finally, these rules ignore --
BOARD CLERK SAKAZAKI: Your time is up.
MR. WARREN: -- the dozens of tankers at anchor
off our ports spewing poll --
BOARD CLERK SAKAZAKI: Please wrap it up.
MR. WARREN: -- spewing pollution without any
mitigation for months now.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Will Barrett. Will, I have
activated your microphone.
MR. BARRETT: Thank you, Ryan. I appreciate it.
My name is Will Barrett. I'm the director for Clean Air
Advocacy for the American Lung Association, and I'm happy
to be speaking with you again today about this critical
rule. I'm speaking in support of the rule as it's
proposed after the thorough discussion at the December
hearing in Oakland.
We think that the discussion there certainly was
robust. And you heard from the Lung Association and other
of our health partners and Dr. Anita Tucker who all were
calling for strong action to reduce the unacceptable
health risks associated with ship idling at California
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ports.
We called for strengthening changes at that
hearing and we're heartened by the changes to advance the
time lines and the associated health benefits as the rule
became stronger. We strongly supported those advanced
time lines, because we know we need to act as quickly as
possible to protect public health especially from the
diesel exhaust coming out of ships at our ports,
especially in terms of the tankers that dominate the PM
inventory.
I wanted to note that an additional real benefit
of this rule is that it's going to add additional port
facilities to the protective nature of the emission
reductions. One example is in Stockton in the community
just at the -- adjacent to the Port of Stockton. The
residents are in the 97th percentile for asthma rates in
California, according to CalEnviroScreen.
Residents near the Port of Stockton on and the
additional ports need to be protected and deserve to be
protected as soon as possible through this rule. The
benefits of this rule outweigh the cost of compliance,
sparing disadvantaged communities from significant lung
health, heart health, and premature deaths, and cancer
risks.
The proposal does fail to address full suite of
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health benefits as noted in the presentation. We know
that there are numerous benefits that are not monetized
and numerous benefits and pollution impacts that are not
captured in the assessment. So we do urge you to adopt
the rule without weakening provisions. We need to capture
the emission benefits outlined in the proposed rule coming
out of the December hearing.
Thank you for taking our time -- the time to
listen and we look forward to you adopting a strong rule
in August.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker, Jesse Marquez. Jesse, I have
activated your microphone. You can unmute yourself and
begin.
Jesse, are you there?
MR. MARQUEZ: Okay. Hello. Good afternoon. I'm
Jesse Marquez. I'm the Founder and Executive Director of
the Coalition for a Safe Environment in Wilmington,
California, where the Port of Los Angeles and the Port of
Long Beach are neighbors.
Yes, we want to move forward in the rule.
However, staff made numerous changes from the December
draft that we had reviewed before. Many of these changes
no environmental justice organization requested nor the
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public, but they were back-room deals discussed with Port
staff, and unfortunately they got into our -- this
regulations which is bothering us very much right now.
The problem we see is that some of these
exemptions are asking for an extensions impact
environmental justice communities the most. For example,
we have requested and we want that CARB establish a ship
emissions control technology certification protocol and
procedures. We don't want to play games. We want to know
exactly what technology is going to be approved. We don't
want a strategy. We don't want innovative concepts.
We want you to approve zero-emission
technologies, and we want you to certify them. We want
you to approve emissions capture and treatment
technologies and we want them to be certified. We want
all ship categories to be included. They have
intentionally continued to avoid the dry bulk, bulk
loading, and general cargo type ships. We want them to be
included.
We do not want CAPCOA to be part of the
remediation fund. There are adequate nonprofit
foundations such as the Harbor Community Benefit
Foundation and the Rose Foundation who have this
responsibility. CAPCOA, 90 percent of the past -- 90
percent of the time in past history has never supported
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our environmental justice communities in our requests, our
petitions, our reviews, or anything of that nature, and we
have no vote of confidence in them.
We do not want to extend any time for any extra
days or hours to do any reporting or compliance.
BOARD CLERK SAKAZAKI: Sir.
MR. MARQUEZ: I've also submitted written public
comments that I ask that you review.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is David Wooley. After David,
we have Regina Hsu, Janet Rogers, and Pat Pressel.
Davie, I have activated your microphone. You can
unmute yourself and begin.
MR. WOOLEY: Good afternoon, everyone. I'm David
Wooley. I'm the Director of the Environmental Center at
the Goldman School of Public Policy, UC Berkeley. And I
want to urge the Board to approve and implement the -- as
soon as possible without delay, the regulation as proposed
after the December Board meeting, which I attended and
spoke at.
I want to relate very quickly some experience
that we've gotten from the electrification advocacy we've
been doing at the Port of Oakland in the context of AB
617. And partly this is all driven, of course, by the
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well known disproportionate impact of diesel pollution and
transportation pollutants on communities of color.
And the point I want to make here is that this is
actually a very good time to implement this rule for
several reasons. One, typically, you're going to need
some infrastructure for electrification or other -- other
control measures.
Periods of low cargo intensity are the best time
to do that. It has less chance of interfering with
operations, and so let's get going. We're also in a
period of low interest rates, so if there is a capital
need, this is the best time to obtain that capital.
There's a stimulus potential here from the
construction associated with the infrastructure, which we
badly need as part of an economic recovery.
Many other nations and states are watching what
we do here. California's action on shore power will be an
important step toward even deeper emission reductions in
the shipping sector. My sense is that the arguments that
this will hurt competitiveness of California ports are
wrong, that, in fact, I believe that competitive advantage
will quickly shift to the cleanest ports in the Pacific
Rim, and this rule will help us do that.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
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Our next speaker is Regina Hsu. Regina, I have
activated your microphone. You can unmute yourself and
begin.
MS. HSU: Thank you for the opportunity to
testify. My name is Regina Hsu and I'm attorney with
Earthjustice. Earthjustice supports the Air Resources
Board adopting a strong At-Berth Rule as quickly as
possible. The existing At-Berth Rule has been successful
in reducing emissions from ocean-going vessels, which are
some of the dirtiest sources of air pollution, but our
communities continue to breathe unhealthy air, and it's
clear that we'll need greater emissions reductions and a
rule that can be more easily enforced by the public.
We are grateful to staff for the work in
expanding the scope of this rule to cover even more
vessels and facilities, and we remain supportive of much
of the staff's proposal in March, which would require
earlier compliance for rol-on/roll-off and tanker vessles
after compliance.
The updated health analysis shows that the
current proposed rule would prevent hundreds of premature
deaths and bring other much needed health benefits to port
communities, but have maintained price for polluting
industries for far too long.
We were disappointed to learn that the rule is
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being delayed yet again. The Board directed staff in
December to strengthen the rule and we applaud staff for
doing so. We don't support any changes that will either
delay implementation for container vessels, cruise ship
vessels, or auto carriers.
The pandemic has only highlighted the urgency of
this rule. Recent studies have made clear that
communities most impacted by poor air quality, like those
living near ports, are more vulnerable to COVID-19. CARB
must prioritize public health over industry, especially
the health of those who must breathe dirty air every
single day. We oppose any further delay of this important
rule and we urge the Board to stand with our communities
and move forward with the rule as soon as possible.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Janet Rogers. Janet, I have
activated your microphone. You can unmute yourself and
begin.
MS. ROGERS: I am Janet Rogers. I live about 800
feet from the cruise ship terminal in San Diego. I'm a
member of the North Embarcadero Coalition. Please read
our earlier public comments. We've asked to speed up the
100 percent compliance for cruise ships to connect to
shore power, instead of a long phase-in period.
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Our concern is timing. We need this sooner
rather than later. Please don't cave into the big
corporations and lengthen compliance dates. This will
also allow cruise ships that dock five times or less to
continue polluting until 2023. Please don't give them a
waiver, but make them comply the same as the other cruise
lines.
San Diego was recently identified with the sixth
worst pollution in the nation. We appreciate the work to
improve the situation, but we believe more can be done
faster. We are concerned about the timing to connect and
disconnect cruise ships. Please don't extend the time to
connect to shore power to two hours, as the 15-day rule
changes proposes.
We ask the cruise ships connect within one hour
of docking. Clean fuel is a relative term. The fuel that
the cruise ships use at berth is still dirtier than diesel
fuel, and we should not have to breathe the emissions.
This pollution lodges in our lungs and the damage is
cumulative.
Importantly, help the Port of San Diego find the
$6 million to install a second shore-power connection.
The numbers of days with two cruise ships in San Diego has
increased dramatically. We welcome tourists, but they
don't have the right to risk our lives in order to
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vacation.
Please consider our request. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
CHAIR NICHOLS: Thank you, Ryan.
Are we still getting more people signing up?
can't see at this point, if we're adding new folks to the
list at this stage.
BOARD CLERK SAKAZAKI: The list has been pretty
stable, but we can announce a cut-off, if you -- if you
want to.
CHAIR NICHOLS: I think it's a good idea, yeah.
Maybe in ten minutes or something. I mean give people a
chance, but let's not keep adding. Okay.
BOARD CLERK SAKAZAKI: Sounds good. So if anyone
in the audience does not have their hand raised, please
raise your hand or dial star nine now. And I will ask
people who currently have their hand raised to not unraise
your hand.
Thank you.
Our next speaker is Pat Pressel. After Pat, we
have Art Mead, Tommy Faavae, and Douglas Schneider.
So, Pat, I will activate your microphone, and you
can unmute yourself and begin.
MS. PRESSEL: Hi. My name is Pat Pressel. I
live about 800 feet from the cruise ship terminal in San
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Diego, and I'm a member of the North Embarcadero
Collation.
I want the rules for cruise ships to reduce
pollution levels to go more quickly. There are 40,000
people living downtown San Diego. Most of them live in a
ribbon of residents within three to four blocks of the
Embarcadero where the cruise ships dock. We don't believe
the high density downtown neighborhood was considered when
the rules were conceived. My husband is 83 years old and
has a kidney transplant. He's immunosuppressed by his
medication. Significant pollution from the cruise ship
negatively impacts his quality of life and the pollution
increases his risk of catching COVID-19.
Many of the residents in the downtown are
immunosuppressed, from transplants or cancer treatment,
people have asthma, and COPD, and a large number of
residents are over 65. We don't have years to wait for
improvement to the pollution levels downtown. We need
these changes now.
The pollution increases our risk for serious
illness. We were excited when we heard the new CARB rule
that would require a hundred percent of the cruise ships
to comply with the new rules by January 1st, 2021.
Instead, we find out that the rule includes a two-year
phase-in period.
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Since most of the big cruise ships have converted
their ships to connect to ground power, please don't delay
the compliance date. If you must phase in, then please
make the extension six months to a year, instead of two
years. January 2023 is too slow for our residents.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Art Mead. Art, I have
activated your microphone. You can unmute yourself and
begin.
MR. MEAD: Good afternoon, Chair Nichols and
Board members. I'm Art Mead, Vice President and Chief
Counsel of Crowley Maritime Corporation. I'm grateful for
the opportunity to restate Crowley's strong opposition to
the exclusion of articulated tug barges, or ATBs, from the
proposed At-Berth Rule.
Crowley operates the newest and most
sophisticated U.S. flag ATBs of more than 120,000 barrel
capacity, including seven of the nine ATBs currently
operating in the west -- U.S. west coast. The ATB
exclusion from the proposed rule is based on a
mischaracterization and fundamental misunderstanding of
what are large ocean-going vessel that is over 120,000
barrel capacity ATBs are and what they do.
As such, the basis for the exclusion may be
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challenged as arbitrary and capricious. An articulated
tug and barge is so named because it is propelled by and
maneuvered by a tug that is physically part of the whole
vessel.
While underway in California, Crowley ATBs do not
detach the tug from the barge. While operating in
California, Crowley ATBs fully comply with all federal and
California requirements, applicable to ocean-going tank
vessels of similar capacity. In particular, while
conducting cargo operations at berth, there is no
functional difference between an ATB of at least 120,000
barrel capacity and any other ocean-going tanker.
Notably, CARB has not offered any industry study
or emissions data to suggest that ATBs at berth should not
be regulated like other ocean-going tankers. The new
At-Berth Rule provides a better alternative to the
problematic commercial harbor craft regulation of large
ocean-going ATB engines, as if they were performing the
same operations as smaller harbor tugs, and exclusively in
California waters, which they are not.
The ATB exclusion adversely impacts the
effectiveness of the rule and may have a significant
adverse impact on interstate commerce, because these ATBs
spend a majority of their out -- time outside California
waters and carry a noteworthy portion of refined product
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in U.S. west coast trade.
For all these reasons as set forth in our written
comments, Crowley submits that the Board should now take
the opportunity to delete the ATB exclusion from the
at-berth rule --
BOARD CLERK SAKAZAKI: Your time is.
MR. MEAD: -- and exclude them in the rule.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
So our next speaker is Tommy. I have activated
your microphone. If you'd like to unmute yourself and
begin.
MR. FAAVAE: Okay. Thank you, Chair and fellow
Board members. My name is Tommy Faavae. I represent IBEW
Local 11. And we know this industry really well. We've
worked in this industry when it comes to ship-to-shore
power or AMP power, you know, whichever port you're
talking about, whether it's Port of L.A. or Port of Long
Beach.
We have partnered with both San Pedro Bay Ports
on ensuring that we reduce greenhouse gases. And, you
know, with these at-berth regulations and the
ship-to-shore power infrastructure, we look forward to
building out this infrastructure in the near future, and
we are here to support it as well.
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Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Douglas Schneider. After
Douglas, we have Roman -- I apologize -- Berenshteyn,
Carlo De La Cruz, and Heather Tomley.
So, Douglas, I have activated your microphone.
You can unmute yourself and begin.
MR. SCHNEIDER: The World Shipping Council is a
non-profit trade association that represents container
ships, roll-on, roll-off vessels, and vehicle carriers.
CARB's current role imposes essentially all of
the regulatory obligations on ocean carriers. We
therefore support the proposed rule's inclusion of
appropriate infrastructure, connection, and performance
obligations on ports, marine terminal operators, and
emission control strategy operators.
While the proposed rule addresses some of WSC in
the industry coalition's concerns, issues remain. Our
written comments on the December 2019 proposed rule and on
the recent 15-day changes, flag remaining problems with
the rule, and include reasonable recommendations to
address those problems, including on issues such as
connection time, infrastructure planning, and vessel
incident exceptions, and other provisions.
An issue about which we continue to have serious
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concerns is CARB's proposal to expand and even accelerate
the rule's applicability to ro-ro vessels without a
definitive cost-benefit analysis and based on the hope
that emissions capture technology, which has significant
problems today, will become a viable control option.
Ro-ro vessels make infrequent and very short port
calls in California. The problem is that ro-ro vessels
and the terminals they call have limited viable compliance
options. For example, barge-based emissions capture
systems present safety and reach issues. Shore-based
capture systems obstruct cargo operations, and exceed the
load-bearing capabilities at certain ports.
CARB's proposal fails to demonstrate that a cost
effective and practicable pathway exists for ro-ro
auxiliary emissions.
WSC would support adjustments of the
implementation dates back. This additional time must be
used to ensure adequate shoreside infrastructure plans are
implemented, address the remaining problems with the rule
as identified in our comments, and properly assess the
cost versus benefits and feasibility of regulating ro-ro
auxiliary emissions.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
So it's been about ten minutes, so we will cutoff
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the list of commenters there.
Our next speaker is Roman. Roman, I have
activated your microphone. You can unmute yourself and
begin.
MR. BERENSHTEYN: Great. Can you hear me okay?
BOARD CLERK SAKAZAKI: We can.
MR. BERENSHTEYN: Thanks. My name is Roman
Berenshteyn speaking on behalf of the Bay Planning
Coalition. We are a policy advocacy group with a mission
to advance the economic and environmental sustainability
of the San Francisco Bay Region. We very much appreciate
the tremendous amount of work that CARB has put into the
At-Berth Regulation, as well as the results that they have
yielded.
But we'd like to reiterate a point we made in a
comment letter dated December 4th, 2019, that the proposed
control measure should demonstrate technological and
financial feasibility within a realistic time frame, so as
to ensure that the regulated entities can comply in a safe
and technologically sound manner.
We also very much appreciate the intended
courtesy of the innovative concept provision, but believe
that in its current form regulated parties may opt to
comply via vessel-based technologies, which have not been
vetted to be safe.
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So in the spirit of due diligence, we'd like to
ask that the Board ensure that the parties impacted by
this rule would comply with it in a way that would
potentially compromise safety and effective emission
reductions.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Carlo De La Cruz. Carlo, I
have activated your microphone. You can unmute yourself
and begin.
MR. DE LA CRUZ: Hi. Can you hear me?
BOARD CLERK SAKAZAKI: Yes, we can.
MR. DE LA CRUZ: Thank you. I'm speaking today
on behalf of the Sierra Club. Thank for the hearing.
It's important to have this discussion in connection to
the ACT Regulation. That was a critical and bold step
that the Board took. For many of the black and brown
working class communities that live by the port facilities
and faith facilities, they're experiencing pollution and
harm from multiple sources, not just one.
In South L.A. and Long Beach, residents and
families are dealing with trucks, trains, ports,
refineries, and the constant threat of air pollution to
their public health and wellness.
The So Cal communities live along the 710 and the
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ports, they breathe in the pollution from the nearly
40,000 trucks running along the freeways and the pollution
from the nearly 4,000 ships that comes to call at the San
Pedro Ports every year. By 2023, these ships and harbor
crafts are set to be the largest source of pollution for
smog in Southern California.
The At-Bert Regulation is a critical step to
bring relief and environmental justice to this community.
For these communities they've already been waiting for too
long. The Port of Los Angeles was the first to introduce
this technology back in 2004. This At-Berth Regulation is
an improvement on an existing regulation. We support the
adoption of the rule without delay, without modifications
to water down or delay compliance deadlines.
The new framework creates more accountability for
the public and enforceability. We need this rule to be
adopted ASAP and it cannot linger beyond the summer.
Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Heather Tomley. After
Heater, we will have Steve Wallauch, David Gassman, and
Christine Austria-Lozoya.
So Heather, I have activated your microphone.
You can unmute yourself and begin.
MS. TOMLEY: Great. Can you hear me?
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BOARD CLERK SAKAZAKI: Yep, we can.
MS. TOMLEY: Okay. Good afternoon. I'm Heather
Tomley with the Port of Long Beach and I thank you for
this opportunity to provide comments. The Port strongly
supports additional emission reductions from vessels at
berth to address air quality and community health impacts.
We appreciate the hard work by CARB staff and we commend
the staff for adding flexibility. We also support the
inclusion of an interim evaluation, which will inform the
timeline.
We provided numerous comment letters on this
proposed regulation and I want to highlight that we
strongly believe additional time is needed to develop and
commercialize the required technologies and to deploy
infrastructure for ro-ros and tankers. While we
appreciate the recommendation staff just announced to not
accelerate the time lines, we still believe additional
time is needed. We recommend you extend the requirement
for ro-ros to 2027 and tankers to 2029.
We also request flexibility in the strategies
that are allowable for the innovative compliance pathway.
Leveraging voluntary port Clean Air Action Plan
strategies, for example, can be an important means of more
cost effectively reducing emissions near our neighboring
disadvantaged communities.
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Lastly, the industry is facing significant
challenges. Cargo disruptions due to COVID-19 on top of
the impacts from the global trade tariffs have resulted in
a decline in cargo with volumes down 13 percent for the
port complex in the first five months of the year compared
to last year. These impacts increase the need for more
time.
In addition, the industry will also need support
in making these investments. We've previously requested
CARB to appropriate $200 million to at-berth emission
reduction technology advancement and deployment statewide.
We're operating from a common understanding. We need
emission reductions in our communities as soon as
possible, and we understand the importance of the
regulatory approach.
Where we diverge, however, is on the level of
effort it will take to implement these specific
requirements, the expected costs, and most importantly the
time needed.
Thank you again.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Steve Wallauch.
Steve, I have activated your microphone, if you'd
like to unmute yourself and begin
MR. WALLAUCH: Great. Good evening. This is a
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Steve Wallauch with Platinum Advisors here on behalf of
the California Association of Port Authorities. I want to
express CAPA's appreciation of the time staff has spent on
this rule and look forward to continuing to work with CARB
on expanded At-Berth Regulations.
Developing a rule that balances the current
economic conditions facing California's ports with the air
quality goals will be critical to the success of this
rule. I do want to reiterate those areas CAPA looks
forward to working with CARB on as the new At-Berth Rule
is implemented.
Given the unknown duration of the current
economic disruption, the rule should provide an
opportunity to reassess CARB's baseline and forecast
emission assumptions with updated calculations and
results. There's also a need for a reassessment of the
technology development. The development, deployment, and
commercialization of alternative technologies and capture
control measures has its challenges. And the development
of infrastructure to support that technology can take
several years. So we think we need to have some -- to
have the opportunity to reassess where we're at in terms
of the deadlines that are in place.
And installation of shore power has proven to be
very expensive. The expansion of the At-Berth Rule will
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require CARB's continued support to dedicate low carbon
transportation funds for the development, demonstration,
and commercialization of this and other technologies.
On behalf of CAPA, we appreciate working with you
and the CARB staff and look forward to continuing our
partnership on reducing emissions to benefit our
communities and improving the competitiveness of
California's freight system.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is David Gassman. David, I have
activated your microphone. If you'd like to unmute
yourself and begin.
David, are you there?
Okay. We'll skip David for now.
MR. GASSMAN: I'm sorry. Yes.
BOARD CLERK SAKAZAKI: No worries.
MR. GASSMAN: My name is David Gassman. I live
in Oakland. I happen to be active with No Coal in
Oakland, which is successfully so far preventing a coal
export terminal from being built at the base of the Bay
Bridge. And I was in attendance at the December Board
meeting at Defremery Park in West Oakland. And by the
way, I really appreciate you folks coming out to that. It
shows genuine consideration for the community.
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I heard a lot of discussion just now, or rather
during the Advanced Clean Truck discussion, about
environmental justice. And this electrification of ships
at berth gives you an opportunity to really implement
that. And I want to encourage you to do precisely that as
soon as possible. I understand that there are costs
involved to the companies. It may require them to do
business in a different manner. And I can be sympathetic
to that, but I think the most important thing is the
health of community surrounding the ports and I think that
must be the thing you keep most in mind.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Christine Austria-Lozoya.
After that, we have a phone number ending in 436,
and then a phone number ending in 659, and then Lee
Kindberg.
So Christine, I will activate your microphone.
You can unmute yourself and begin.
MS. AUSTRIA-LOZOYA: Okay. Good evening, Chair
and fellow Board members. My name is Christine
Austria-Lozoya. I'm an electrician with IBEW Local 11.
I'm speaking on support for item number 4.
We need to bring the At-Berth Rule back on the
calendar for a vote. This rule will help us carry-out our
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clean air goals and create lot of good, green
electrification jobs in the process. Our ports no longer
need legacy loopholes that benefit businesses. We need
strong rules that will protect our air, help us achieve
our climate goals, and bring good jobs at the same time.
Please bring this matter back for a vote. The
health of communities depend on it.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next commenter is a phone number ending in
436. I have activated your speaker. Please state your
name for the record and you can begin.
MR. McDONALD: Good afternoon, Chair Nichols,
Board, CARB staff. My name is Brian McDonald. I am
representing Marathon Petroleum Corporation. I'm going to
be brief, given the two minutes, so I'll just get into my
presentation here.
So first, MPC is the operator of the only bulk
oil terminal with the ability for a vessel to connect to
shore power. Only two tanker vessels with this capability
to connect to this terminal electrically exist and
represent about four percent of the tanker visits to that
terminal. We don't own these tankers. CARB has
acknowledged the challenges the tankers moving to cold
ironing. The SRIA did not identify it as likely
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compliance option for tankers. Many tankers visit
infrequently and are not likely justified for retrofit.
Without standardizations for voltage infrequency,
very few vessels would be compatible with any single
shore-side connection likely causing supply disruption.
That incompatibility is akin to traveling to Europe with a
hair drier without an adapter.
And second, MPC is concerned with the proposed
compliance dates as they are placing added safety risk to
its operations. Staff has assumed the majority of
compliance with this rule will be completed through the
use of a land-based capture system, a system that has
never been built or used on tankers before. Tankers are
unique in that they have --
BOARD CLERK SAKAZAKI: Thirty seconds.
MR. McDONALD: -- emissions from both auxil --
auxiliary and boiler engines. Reducing the time to comply
with the rule by two years is significant, provided the
equipment has never been demonstrated.
We strongly support a feasibility study be
completed prior to announcing or determining any sort of
compliance dates on tankers.
And with that, I thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is a phone number ending in 659.
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I have activated your speaker. Please state your name for
the record.
CAPTAIN STASHOWER: Good afternoon. I am Captain
Saul Stashower from Woodbridge Marine.
I am greatly concerned about the unintended
consequences of exhaust gas capture. I believe it's
imperative that the issues be fully addressed before
considering its implementation.
Number one, I'm most concerned about the way that
the system will affect the generation of inert gas. Large
tankers utilize boilers to power the cargo pumps, which
are driven by massive steam turbines. Exhaust gas from
the boilers is processed to have very low oxygen and
injected into the cargo tanks as the cargo is discharged.
This requires a critical balance of air and fuel in the
boiler in order to control the oxygen content while still
producing the right amount of steam and pressure.
It all changes as the pump speed is adjusted and
will be complicated by the starting and stopping of the
ship's generator engines, which -- whose gas is also being
captured. The system must be able to sink -- perfectly
synchronize with the vessel.
Secondly, I'm concerned about static electricity.
The flow of the exhaust gas through the capture hose
system along with other components within the capture
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system are likely to produce a static charge, which could
in turn cause an incendiary spark. I've identified three
examples of deadly polluting tanker explosions caused by
static electricity combined with non- or poorly inerted
tanks. Sansinena in Los Angeles Harbor in '76. This
incident is important, because it was one of the actual
drivers that created the current rules for the use of
inert gas. The Chassiron in 2003 --
BOARD CLERK SAKAZAKI: About 30 seconds.
MR. STASHOWER: -- that exploded in France due to
high O2 contact with static discharge. And lastly, the
Doola 3, which exploded in 2012 due to a static discharge.
All three incidents could have been prevented
with better control of static electricity and the proper
use of inert gas. I believe it's imperative that these
issues are addressed prior to implementation.
Explosions have become exceedingly rare because
of the use of inert gas and static precautions. I cannot
express strongly enough the importance of ensuring the
safety exhaust capture technology before it is
implemented. Thank you for your time.
BOARD CLERK SAKAZAKI: Thank you.
Before you go, could we get your name one more
time, please, for the record.
CAPTAIN STASHOWER: The first name is Saul, like
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"Better Call Saul". And the last name is Stashower, S-t-a
and then shower, like bath.
BOARD CLERK SAKAZAKI: Perfect. Thank you so
much, Saul.
CAPTAIN STASHOWER: Of course.
BOARD CLERK SAKAZAKI: Our next speaker is Lee
Kindberg.
After Lee, we have Diane Flowers, a phone number
ending in 383, and then Elizabeth Yura.
So, Lee, I have activated your microphone. You
can unmute yourself and begin.
MS. KINDBERG: And may I have a sound check?
BOARD CLERK SAKAZAKI: Yes, we can hear you.
MS. KINDBERG: Thank you. Madam Chair and
distinguished Board members, thank you for this
opportunity to comment. I'm Lee Kinberg with MAERSK.
MAERSK is the world's largest container shipping company.
And I've managed our clean fuels and shore power programs
for 14 years.
The current shore power rule has successfully
reduced emissions. CARB enforcement reports
overcompliance 77 percent in 2018, when 70 percent was
required. The requirement in 2020 is the first year of
the final step of implementing that rule and will require
80 percent. Now, that means targeting well above 80 to
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ensure compliance, and having all regular vessels
equipped.
And I will note that the current rule also
requires that any vessel with shore-power equipment must
connect, if the berth is also equipped.
Now, the rule we currently have is complex for us
to manage and report, and for CARB to enforce. But the
proposed rule is also complex and it's different, in the
metrics, in the management -- pardon me -- and in the
reporting.
Now, speaking practically, the vessel equipment,
port infrastructure, and the IT reporting tools that we
will need just can't be put in place by the first of
January.
Now this is a time of major change in shipping.
MAERSK has a goal of net zero carbon shipping by 2050.
And today, we announced the establishment of the MAERSK
McKinney Moller Center for Zero Carbon Shipping. The
vessel of the future may not need shore power. It may use
batteries, fuel cells, or entirely new fuels and
technologies.
Getting the details right on the at-berth
innovative concepts provision and alternative approaches
is essential to dealing with that future and enabling that
future.
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So in conclusion, we believe that the practical
solution for the currently regulated fleets is to stay on
this regulated pathway, while all of the implementation
details are fully worked out, so that we can future proof
this regulation and ensure its success.
The staff recommendation is for these fleets to
continue under the current rule until at least 2023 makes
great sense --
BOARD CLERK SAKAZAKI: Excuse me. Your time is
up.
MS. KINDBERG: -- and will achieve the needed
plan reductions.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Diane Flowers.
Diane, I have activated your microphone. If
you'd like to unmute and begin.
BOARD CLERK SAKAZAKI: Diane, are you there?
Diane Flowers?
Okay. We'll go to the next speaker, a phone
number ending in 383. I have activated your speaker.
Please state your name for the record.
MS. RODRIGUEZ: Thank you, Ryan. Erin Rodriguez
with the Union of Concerned Scientists. We support a
strong At-Berth Rule, because we know that reducing
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emissions for vessels at berth is critical for protecting
the health and well-being of communities, particularly
those located near ports, like L.A., Long Beach, and West
Oakland.
We know ocean-going vessels have a
disproportionate impact on PM, NOx, and greenhouse gas
emissions. These emission reductions should not hap --
should happen as soon as possible. And UCS supports
earlier compliance and no more delays on the rule. We
urge you to adopt the strongest possible rule and not
entertain the false choice of protecting communities from
known toxic emissions versus maintaining a robust economy.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Elizabeth Yura. Elizabeth, I
have activated your microphone. You can begin.
MS. YURA: Thank you. This is Elizabeth Yura
with the Bay Area Air Quality Management District. And I
appreciate the opportunity to comment here today.
The Air District strongly supports this rule.
And overall, the proposed 15-day changes address many of
the comments previously submitted by the Air District. So
lots of thanks to staff for that and all that hard work.
However, we do continue to urge consideration of
a couple key changes. And I'll go ahead and run through
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them briefly. First, we appreciate that the CARB staff
brought forward the compliance date for tankers in the Bay
Area by two years, from 2029 to 2027. But we really still
feel that overburdened communities near the Bay Area's
refineries deserve the same relief as their fellow
communities in Southern California. So we still recommend
bringing the first compliance deadline forward to 2025 to
align with the Southern California port dates.
Second, we do appreciate the recommendation that
strategies from adopted AB 617 community emission
reduction plans cannot be used as part of the innovative
concept compliance proposals. However, we do recommend
that proposals be discussed with local 617 steering
committees and have community support, and that the local
air districts can have a role in that approval process for
those projects.
And third, we support the remediation fund as a
limited compliance option under the regulation. But where
applicable, we recommend that the revenues be used to
implement strategies included in the adopted 617 community
emission reduction plans, again so that they have the full
community support there.
And just in closing, I didn't get to say this in
December. I wasn't able to attend the first meeting. But
having been a part of CARB and worked with the at-berth
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staff during the development of the beginning of these
amendments, I just wanted to say how proud I was to work
with the staff, and how exciting it is to see the
regulation in its current form.
So thank you.
BOARD CLERK SAKAZAKI: Thank you.
We will try Diane Flowers again. Diane, I have
activated your microphone. Go ahead.
Diane, are you there?
I see you've unmuted yourself, but we can't hear
you.
Okay. So our call-in number is on screen now.
Please use this and then dial star nine and to raise hand.
And we'll get back to you once you do that.
So now we have Tom Dow, Heather Kryczka, and Joy
Williams.
Tom, I have activated your microphone. You can
unmute yourself and begin.
MR. DOW: Thank you very much. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. DOW: Thank you. Chair Nichols and members
of the Board, I'm Tom Dow, and I'm here speaking on behalf
of Carnival Corporation. As many of you know, Carnival
has been very active in shore-power development, including
collaboration with all the four cruise ports on the west
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coast -- or the California coast, as well as three others
on the west coast, and three on the U.S. east coast. And
we've outfitted about 17 or 18 of our ships now to connect
to shore power. So we're big supporters of shore power
and we were early adapters.
I'd like to speak on behalf of, and advocate for,
adjusting the implementation date, leaving the existing
fleet regulations in place and allowing the implementation
date to move to 2023 as opposed to 2021. This will have
the most impact on the infrequent fliers. As you know, I
don't have to tell you what the impact of COVID has been
on the cruise industry, but basically we're shut down, and
we don't see any operations until September at least. And
it's uncertain beyond then when we'll have it.
So there's already been dramatic emissions
reductions, unfortunately because of the ceasing of
operations.
I thank you for this opportunity to make
comments, and thank the CARB staff and Board for its work
on this issue.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Heather Kryczka. Heather, I
have activated your microphone. You can unmute
yourself -- unmute yourself and begin.
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MS. KRYCZKA: Thank you. My name is Heather
Kryczka, and I'm an attorney with the Natural Resources
Defense Council. We strongly support the Board taking
action to reduce --
BOARD CLERK SAKAZAKI: Sorry, Heather, you're a
little quiet on the mic there.
MS. KRYCZKA: Can you hear me now?
BOARD CLERK SAKAZAKI: A little bit better.
MS. KRYCZKA: How is this?
BOARD CLERK SAKAZAKI: That's better.
MR. KRYCZKA: Okay. Great. I'll start over.
My name is Heather Kryczka and I'm an attorney
with the Natural Resources Defense Council. We strongly
support the Board taking action to reduce emissions from
ships across the state, including for the first time
addressing at-berth emissions from ro-ro and tanker
vessels.
We urge the Board to adopt this rule as soon as
possible and not weaken any compliance deadlines in the
rule. This rule is critical to reducing NOx and
particulate matter pollution and would result in
significant health benefits.
By 2031, the proposed rule would cut cancer risk
by 55 percent for residents living near the ports of L.A.
and Long Beach. Avoided health costs from the rule total
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over $2.4 billion, including hundreds of avoided premature
deaths. These benefits are greater than the costs of the
rule. When broken down, the rule would cost less than
$0.01 per gallon of gasoline for tanker vessels and only
about $1 per 20-foot equivalent unit, or TEU, for
container ships.
The Coronavirus pandemic has made reducing air
pollution more urgent today than ever before. New
research finds that communities exposed to higher
long-term levels of air pollution suffer from higher
COVID-19 death rates. We oppose the proposal to shift
back any compliance deadlines, because the challenges we
are facing today require us to achieve public health
benefits and emissions reductions as soon as possible.
You've heard from numerous residents and
environmental justice leaders today about the urgent need
to address diesel pollution from the freight industry,
which has long disproportionately burdened communities of
color in California. We need CARB to adopt strong
regulations addressing each sector of emissions from the
freight industry in order to address these longstanding
disparities. We urge CARB not to weaken or further delay
these life-saving regulations and to adopt a strong rule
no later than this summer.
Thank you.
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BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Joy Williams.
After Joy, we have a AZ Banguis, a phone number
ending in 528, and then Thomas Jelenic -- Jelenic.
So, Joy, I will activate your microphone and you
can begin.
MS. WILLIAMS: Good afternoon. I am Joy Williams
of Environmental Health Coalition. EHC strongly supports
the At-Berth Regulation with the staff's proposed 15-day
changes. We work in freight-impacted communities
including West National City, which is home to a major car
import operation. One out of ten imported cars on the
road in the United States came in a ro-ro ship through
National City.
The neighborhood closest to those ro-ro ships is
West National City, which is an environmental justice
community that ranks near the top of CalEnviroScreen
overall and in the top 95 percent for diesel PM. It's the
poorest area of a poor city with some 41 percent of
families in poverty.
National City has the highest age-adjusted rates
of asthma ED visits of any city in the region, as well as
the highest rates for children and seniors. The most
recent Port of San Diego air emissions inventory confirms
the importance of reducing emissions from car carriers at
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berth in National City. That 2016 inventory broke out
ocean-going vessel emissions by ship terminal, by ship
type, and by mode.
What it found was the car carriers or ro-ros
generate more diesel PM, PM2.5, SOx, and NOx than the
container, bulk, general cargo, and cruise ships combined,
and almost half of the greenhouse gases.
The 15-day changes proposed by the staff
strengthen the rule and EHC supports the changes. The
2024 compliance schedule for ro-ros will achieve these
emission reductions a year earlier than previously
proposed. Early indications are that car sales are
already recovering and we believe 2024 is feasible.
We also believe the new regulatory framework will
be more enforceable, and we do not support any delay in
shifting to that frame -- to that framework.
In closing, it's important to note that National
City has COVID-19 rates that are among the highest in San
Diego County. This community needs cleaner air as soon as
possible without regulatory delays. We urge support of
the proposed control measure for vessels at berth.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
The next speaker is AZ Banguis. I have activated
your microphone. You can begin now.
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MS. BANGUIS: Hello. My name is AZ Banguis and
I'm a youth advocate for Little Manila Rising and advocate
for environmental justice, and a third-year college
student. I'm an individual who is completely familiar --
who isn't completely familiar with the technicalities of
ships, but I'm comfortable with just knowing that
ocean-going vessels are one of the largest sources of air
pollution at ports.
To consider each ship is releasing around two to
four tons of air pollution daily while docked at a port
terminal, it's unsettling knowing that these regulations
aren't fulfilling the expectations of what communities
have been consistently vocal about.
That being said, the At-Berth Rule should be
applicable to all categories of ships with no exemptions.
With these weak regulations, if you were to look at the
longevity of this, California will continue to struggle to
meet its air quality standards as well as struggle to
reduce our public health crises.
My community and I expect unbiased certifications
with an intention served to protect our environment and
the people from their cumulative exposure of
life-threatening emissions. Stockton already has plenty
of environmental setbacks due to our port. The Port of
Stockton already contributes high emissions leading to the
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already poor air quality, causing health hazard,
especially to the homeless who can't shield themselves
from being exposed.
The combination of the already big pollutants
with ozone and particle pollution is hurting the people of
our community. Stockton just cannot afford another
environmental injustice. We want to clearly define -- we
want a clearly defined and certified ship emission
technology control certification requirement and
mitigation measures.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is a call-in number with digits
ending in 528. I have activated the speaker. Please
state your name for the record.
MS. ROSENBERGER: My name is Laura Rosenberger.
Ships are the largest source of deadly emissions in
Oakland, Long Beach, and San Pedro area. People go on
cruises to improve their health and get away from
pollution in the city. And in a study I've heard
scientists quote the results from three years ago, there
was an increased rate of illness among the whites in
colored areas, as well as the colored people in colored
areas. And so requiring emissions reductions as soon as
possible and plug-ins to electrical -- to electricity at
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the ports.
Thanks.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Thomas Jelenic. Thomas, I have activated your
microphone. We are putting up your presentation shortly.
(Thereupon an overhead presentation was
presented as follows.)
BOARD CLERK SAKAZAKI: There you go.
MR. JELENIC: Thank you.
Good afternoon, Chair Nichols and Board members.
My name is Thomas Jelenic with PMSA representing marine
terminal operators and ocean carriers that serve
California.
Container and cruise vessels have been regulated
under the At-Berth Rule since 2014. Implementing that
rule has been expensive and difficult, but the maritime
industry has made the rule a success. The proposed
amendments would require the existing regulated fleet to
change from a fleet-average approach to an individual
vessel approach in only six months.
In six months, the vessels will not change, the
infrastructure will not change, the emission reductions
will not change. But how those same emission reductions
are measured will change and it will take ships that are
currently in compliance and make them noncompliant.
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It is also important to note that staff
overestimates the benefit of the proposed rule for the
existing regulated fleet for several reasons, including by
not estimating the benefit from Prop 1B funding and
requirements.
In the slides we have provided, you can see that
in 2018, the rule required a 70 percent reduction in
auxiliary engine use. The industry achieved at 77 percent
reduction exceeding goals.
On slide 2 --
--o0o--
MR. JELENIC: -- you will see that compliance
continues to improve and that the rule is successfully
enforced.
And on slide 3 --
--o0o--
MR. JELENIC: -- you can see that due to the
impact of the current crisis, activity at the ports will
be between 26 percent and 62 percent below levels assumed
in the initial statement of reasons, a gap that will only
grow during a long recovery.
In 2007, this Board recognized that container
ships and cruise ships were different from other vessels.
BOARD CLERK SAKAZAKI: Thirty seconds.
MR. JELENIC: You made a conscious decision to
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regulate them differently. If the rule is revised to
include container and cruise ship in 2023, it is important
that we remain bifurcated, and that our vessel fleets
remain regulated and controlled under our current rule
until 2023.
However, we request that the Board maintain the
existing rule and the success it has had and keep the
bifurcated approach for container ships and cruise ships.
Thank you for your time this afternoon.
BOARD CLERK SAKAZAKI: Thank you.
Our next three speakers are David Yow, Marvin
Pineda, and Glena -- Glenabel Toreno.
So David, I have activated your microphone. You
can unmute yourself and begin your comment.
MR. YOW: Thank you, Chair Nichols and Board
members. It's been a long but a good day. And I am still
David Yow with the Port of San Diego. Our port continues
to support a good regulation that works. COVID-19 hasn't
changed that, but has made the compliance pathway more
challenging.
Timing and funding for the infrastructure needed
at Port of San Diego are going to be key for successful
implementation of the new reg. Plainly, no surprise to
you, the economic impacts of the pandemic are a major
challenge for compliance. That's because here at the Port
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of San Diego, we're one hundred percent self-sustaining.
We collect no taxes, but rely instead on lease revenue
from businesses operating in the tidelands, much of it
from the hospitality industry. And revenues from
diminished economic activity currently are down by 35 to
40 percent since the COVID pandemic hit.
The Port of San Diego has been an early adopter
of solutions like shore power, but -- and we're eager to
build on that progress that we've made to reduce air
emissions, but we can only work with what we have. We
have no regularly scheduled passenger cruise calls due to
industry shutdown, only one cruise line likely to return
this year, our projected ro-ro vessel visits are cut by
more than half.
Since the pandemic slowed everything down, it's
reduced activity at all of our terminals and along the
waterfront. And we need to see some economic recovery
first, so we can gradually ramp back up and afford to
deploy new technology. And a lot of work has been put
into this regulation and we've enjoyed working with you
and your staff on this since the beginning. And we want
to keep the -- keep the momentum and recalibrate, because
it's not enough to have great goals. We need your
support. We want to do the right thing.
Thank you.
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BOARD CLERK SAKAZAKI: Thank you.
Our next speaker is Marvin Pineda.
MR. PINEDA: Can you hear me?
BOARD CLERK SAKAZAKI: Yes, we can.
MR. PINEDA: Okay. Thank you.
Good afternoon Chair Nichols and Board members.
Marvin Pineda on behalf of International Longshore and
Warehouse Union.
The ILWU supports improving air quality in
communities where we work and live. In the past, we've
outreached to several environmental groups to find
solutions to improve air quality. Ports, port workers are
people of color and depend on their jobs to provide for
their families. On June 19th, west coast ports, all major
ports from Vancouver to Canada -- Vancouver, Canada to San
Diego were shut down. But ILWU in support of George Floyd
and communities of color. We want to improve the air in
the area -- in those areas.
In the past, what we've seen recently is a
decrease of job opportunities. We have -- a lot of our
members are sitting at home with no jobs. We initially
sent in a request asking for the -- for the regulations to
be postponed to 2021. I want to make it clear that we
have withdrawn that. We want to work with CARB and the
environmental community to find solutions to improve air.
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So our request, and we respectfully request, is
that the roll-on roll-off vessels regulations pushed to
2027, so that we could work with car ports to find funding
opportunities for this equipment. We also need CARB to
invest more in those technologies. And the third request
is that there's a reassessment on the regulations. And
fourth, we ask that the concept for -- the concepts and
the cap measures are considered.
And I have eight seconds. I want to make it
clear that our -- we are not requesting any anything as of
now on oil tankers. Our request on the pushback is for
roll-on, roll-off vessels. Thank you.
CHAIR NICHOLS: Thank you. Before you leave, you
may get another minute or two, I think I saw Mr. De La
Torre's hand up. Hector, did you have a comment or
question.
BOARD MEMBER DE LA TORRE: Thank you, Chair. I
think he addressed it with his last comment. I was going
to ask for clarification. I had read the letter from
ILWU, and there was no mention --
CHAIR NICHOLS: Okay.
BOARD MEMBER DE LA TORRE: -- of oil tankers.
And previously, in speaking with Marvin and leadership,
they made it clear that the had no issue with the oil
tanker regulation in our proposal.
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CHAIR NICHOLS: Okay.
BOARD MEMBER DE LA TORRE: Is that correct,
Marvin?
MR. PINEDA: Yeah, that is correct. As a -- if
I -- if I may have 30 seconds here.
CHAIR NICHOLS: Sure.
MR. PINEDA: It's that we are looking at -- we
want -- we want to clean the environment. We want to
clean the air. One thing that we want to do is figure out
solutions for -- for instance, San Diego doesn't have the
economic means to -- for the infrastructure, so we want to
have a little more time to figure out the funding. And as
mentioned in the presentation, roll-on, roll-off vessels,
they're a small percentage of the PM2[SIC] pollution, so
we -- we are in the middle of -- the workers are in the
middle of regulations and at times employers. And we
think that there's a middle ground, so that there is
infrastructure improvements and that we get to keep our
jobs, which is very important. We want to make sure that
any of those regulations do not put workers out of a job.
CHAIR NICHOLS: Understood. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
MR. PINEDA: Thank you.
BOARD CLERK SAKAZAKI: Okay. So our next three
speakers is a phone number ending in 063, then Tim DeMoss,
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and then Yassamin Kavezade.
So first, I will activate the phone number for
063. Please state your name for the record and you can
begin.
Hello. We can't hear you.
Hello.
MS. FLOWERS: Can you hear me?
BOARD CLERK SAKAZAKI: Yes, we can hear you.
MR. FLOWERS: Oh, hi. Okay. My name is Diane
Flowers. And I -- I'm a lifetime port resident. And I
live a short walk from the channel in San Pedro. And
everybody in my family has worked in the port, my
grandfather, my dad, my brother, anyway, my husband,
everybody.
And, you know, I love the port, but I feel
responsible for it to not kill people, you know, and not
kill the port workers, not kill people in the community.
My granddad died when he was 59, after 30 years working in
the port. That -- that was then. They didn't have
technology, but now we do, so I'm very concerned about
seeing delays. I want to see the best technology applied
to the strongest rules for At-Berth Regulations.
I -- I'm on the third floor. I can look down and
see this smoke spewing every time. I'm concerned like
somebody else said about two to four tons a day. I'm
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concerned about people asking to wait, because health
can't wait. Life can't wait. We've got to figure out how
to move quickly on this. We just have to. Oh, my
goodness. It's -- it's just upsetting. It's the people
that work in the ports like all my family has.
BOARD CLERK SAKAZAKI: Thirty seconds.
MS. FLOWERS: And the community and it's the
planet, you know. And on your 15-day thing, I'm very
concerned about this innovative concepts option. I feel
that that is going to be a maze of things that will make
it hard to look at a regulation and see if it's being
carried out for a layperson or for the community. I want
a simple regulation that's clear what it is and that it is
being carried out and implemented. I want to be able to
look at it myself without having to go through getting a
Master's degree to find out about a bunch of other things.
BOARD CLERK SAKAZAKI: Your time has concluded.
MS. FLOWERS: Thank you.
BOARD CLERK SAKAZAKI: Thank you.
So our next speaker is Tim -- Tim DeMoss. Tim,
I've activated your microphone. You can unmute yourself
and begin your testimony.
MS. DeMOSS: Thank you, Ryan.
Good afternoon, California Air Resources Board
members and staff. My name is Tim DeMoss. I'm the Air
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Quality Environmental Affairs Officer at the Port of Los
Angeles. I appreciate the opportunity to comment on the
proposed control measure of port ocean-going vessels at
berth.
We support shore power. In fact, it was
pioneered at the Port of Los Angeles. We want to see it
continue to succeed. However, I would like to use this
opportunity to reiterate the following items that were
offered in our comment letter submitted to you back in
April of this year.
First, in light of the current pandemic, we
recommend a mechanism that allows for a timely
reassessment of the regulation and a greater flexibility
in the event that economic conditions warrant it.
Second, shore-power technology is more compatible
with some ship categories than others. We hope your
rulemaking process will allow for assessment of the
feasibility of use of shore power and any alternatives for
the tanker and ro-ro ship categories before actual
requirements going into effect.
Third, there are two issues we would like to work
with you on regarding enforcement. First, as you
contemplate a hundred percent compliance requirements, we
would like to work with you on determining a level of
compliance that accommodates unanticipated circumstances
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without triggering non-compliance. Second, once
regulatory requirements go into effect, we would like to
work with you to ensure accountability is appropriately
allocated, whether this be facilitating installation of
infrastructure or actual emissions reductions.
Fourth, we hope your regulatory process will
include check-ins or other types of assessment steps that
can allow the various stakeholders to be part of the
implementation process and assure that the steps
envisioned can be implemented.
And finally, with respect to funding,
installation of shore-power infrastructure is very
expensive and we hope the State can help support this
program with appropriations for the development, purchase,
and deployment of this technology as they did in the past.
We hope that you will consider the items just mentioned,
and we look forward to continuing to work with you through
your regulatory process.
Thank you very much.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is Yassamin Kavezade. After Yassamin, we have
Theral Golden, a phone number ending in 182, and then
William Koons.
So Yassamin, I've activated your microphone. You
can unmute yourself and begin.
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MS. KAVEZADE: -- for coordinating all of our
comments today. Again, my name is Yassamin Kavezade or
Yassi with the Sierra Club national My Generation
Campaign. Although, I'm not a resident of a port
community, in the Inland Empire I feel the impacts of
diesel death zones and goods movement. And the same
impacts from at-berth ships influence my friends and
colleagues who live near the Ports of L.A. and Long Beach.
....Activities have had a strong hold on over our
communities for centuries. And your job at CARB is to
move away from what's easy to what is necessary. The
supply chain is connected and any delay on the
implementation of this rule will continue crises we've
been living with before COVID-19 -- to allow ro-ro -- we
believe that there are no proposals to allow ro-ro vessels
to delay compliance until 2025 instead of 2027 --
weakening of this proposal.
BOARD CLERK SAKAZAKI: Sorry, for interrupting.
You're cutting out -- in and out a little bit.
Are you there?
Yassamin?
Okay. So we'll very quickly move on to our next
commenter. Yassamin, if you're there, you have a minute
left. I suppose I'll try unmuting you after -- after our
next commenter.
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So our next commenter is Theral. I have
activated your microphone. You can unmute yourself and
begin you testimony.
MR. GOLDEN: Good afternoon. My name is Theral
Golden. I'm a resident of West Long Beach and a member at
the West Long Beach Association.
I was present and spoke at the December 4th
meeting. And I would like to reiterate that we here in
West Long Beach need relief immediately, not later. The
industries call for a delay. I think in my mind it is
repulsive, because a delay means more children will suffer
from the effects of asthma, more older and seniors will
suffer from other diseases that are directly related to
goods movement, and the cruise industry, the environmental
impacts, although are somewhat lower because of the
current pandemic, but they will pick up. And they never
make allowance in their presentations.
I heard today that all the damage they have done.
They are only looking at economic gain today. We have
been suffering. I've been living in this community for
over 45 years. And until the last 15, where there has
been any movement toward relieving the negative
environmental impacts. Not to move forward would mean
more pain with the cruise ship industry, and in particular
the Port of Long Beach who is city department to take a
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position of extending it, to continue putting pain and
suffering on its residents I think that to be repulsive at
this time.
And I want to thank you for the opportunity of
speaking. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
We'll very quickly go back to Yassamin. I'd ask
you to unmute your microphone.
MS. KAVEZADE: Hi. Can you hear me now?
BOARD CLERK SAKAZAKI: Yes.
MR. KAZEVADE: I'm so sorry about that. I think
my Internet was bugging out.
So, yeah, I just want to echo quickly the
comments from my previous colleague as well from the
Sierra Club, Carlo De La Cruz. We don't want to delay the
compliance. And there are proposals to delay the shift to
the new regulatory framework from 2021 to 2023, I believe,
and we don't support that proposal. The new framework
creates more accountability for the pubic enforceability.
We need this rule to be adopted ASAP and we can no longer
be waiting beyond the summer. And thank you so much for
your time. Have a great afternoon, everybody.
BOARD CLERK SAKAZAKI: Thank you. Our next
speaker is a phone number ending in 182. I have activated
your speaker. If you could please state your name for the
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record.
MR. SINKOFF: Yes. Hi. Can you hear me. Hold
on one moment. Sorry about that.
BOARD CLERK SAKAZAKI: We can hear you.
MR. SINKOFF: Can you hear me?
BOARD CLERK SAKAZAKI: Yep.
MR. SINKOFF: Oh, very good. Good afternoon,
Chair Nichols and members of CARB and members of the
public. This is -- my name is Richard Sinkoff. I'm the
Director of the Division of Environmental Programs and
Planning at the Port of Oakland. First, I want to say
we've really enjoyed working closely with CARB staff over
many years on this rule and other regulatory processes.
So I feel like we've -- we really have a good working
partnership with CARB staff. And as those -- everyone has
been following the Port of Oakland we've -- we've made
great strides in reducing emissions from port sources.
We submitted a letter today to CARB on the
proposed control measure. And I just want to highlight
that we -- we're achieving plug-in rates at the port that
are above the regulatory levels set by the current rule.
April was a bit of an anomaly, not surprisingly
because of the COVID crisis, and the inability to do
commissionings. But overall, the trend under the existing
rule is -- is above the regulatory standard. So our
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perspective at the Port is that the current at-berth
regulation is very successful. We have good partners with
our terminal operators and the vessels.
BOARD CLERK SAKAZAKI: About thirty seconds, sir.
MR. SINKOFF: And we believe that the rules
should be maintained for container ships. We have
concerns because the port does not have a feasible
alternative compliance method. This has been recognized
by CARB staff. Also, the analytics for the proposed
control measure continue to show a growth rate that is
well above the documentation that we provided to CARB. So
we believe that the emissions are overstated.
And finally, we're concerned again that the TIEs
and VIEs concept, which has been introduced could create
actually --
BOARD CLERK SAKAZAKI: Your time is up.
MR. SINKOFF: -- conflict and reduce
collaboration among our vessel owners and terminal
operators of the port
BOARD CLERK SAKAZAKI: Your time up.
MR. SINKOFF: So thank you. So thanK you for the
opportunity. We look forward to continuing to work with
staff on this regulatory process.
Thank you.
BOARD CLERK SAKAZAKI: Thank you.
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Our last -- our last speaker for this Board item
is William Koons. William, I have activated your
microphone. You can unmute yourself and begin.
MR. KOONS: Hello. Can you hear me?
BOARD CLERK SAKAZAKI: We can.
MR. KOONS: Hello.
BOARD CLERK SAKAZAKI: Yes, we can.
MR. KOONS: Oh, thank you.
BOARD CLERK SAKAZAKI: Um-hmm.
MR. KOONS: Okay. I'm William Koons. I'm
currently a Commissioner -- Environmental Commission in
the City of Carson. I'm also on the AB 617 community
steering committee here in Carson.
So I request the following basic changes to the
At-Berth Rule. Number one, first that the regulation
include all categories of ships with no exceptions or
exemptions. And that includes ships like dry bulk and
general cargo ships.
Number two, that the regulation be adopted as
soon as possible and all ship comply as soon as possible.
Number three, that the regulation include a
CARB-approved ship emissions control technology
certification requirement. So I do not like the CARB
staff proposed approved emissions control strategy. We
also want emission control technology certification for
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protocol and procedures to be adopted.
Number four, that the regulation require ship
emissions compliance at all ship locations, including at
dock, at anchor -- and anchor being port water -- port
waters outside of the breakwater and even in the coastal
waters.
Number five, that the regulation require all
ports and terminals to have compliance requirements. The
staff has created these TIEs and VIEs. And they avoid
advanced planning, because it's not necessary. So they
need to prepare emergency backup contingency plans.
And my last one, number six, that the regulation
require ports and terminals to provide more adaptive shore
power, that is the shore power needs to be at both ends of
the ship or be connected up -- be able to be connected up
at both ends of the ship and both sides. That's the port
and starboard sides and fore and aft ends, because that's
some of the problem in connecting of the port power.
Thank you and stay safe.
BOARD CLERK SAKAZAKI: Thank you.
Madam Chair, that concludes our list of speakers
for this item.
BOARD CLERK SAKAZAKI: Okay. Thank you. I think
at this point, we can close the record on this agenda
item. But if it is determined that we need additional
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modifications, we will reopen and have another 15-day
notice of public availability issued. If the record is
reopened, then the public will be able to submit comments
on any proposed changes, which would be considered and
responded to in the Final Statement of Reasons for the
regulation.
However, any comments received after this hearing
but before a notice goes out will not be accepted. So
this is -- this is it for this particular version of the
proposed regulations.
So, at this point, I think it's time to hear from
any Board members about their comments or questions. And
I will see if I can get my list up and see if anybody has
their hands up at this point.
Well, again, I'm not -- I see the list of names,
but I'm not seeing hands up. I see that someone has --
no, we've got several. Okay. Well, somebody is going to
have to call those names out for me then. Sandy, do you
want to just do that?
VICE CHAIR BERG: Certainly, I'll be happy to.
So first on the list I see is Hector De La Torre.
BOARD MEMBER DE LA TORRE: Thank you, Sandy.
Thank you, Chair. I want to make two comments. One is
about roll-on/roll-off vessels, and the other is about
containerized and cruise ships that are going to go from
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80 percent to 90 percent compliance next year.
I'll start with that one, because I think that's
the easiest one. That -- and I believe in my
conversations with staff that this is happening, that they
allow -- they be allowed to continue to report similarly
to what they've been doing under the current regulation,
so that they don't have to change the reporting, just
their compliance going from 80 percent, which they're
already at, to over 90 percent next year and they don't
have to change anything in terms of how they report to us.
I believe there's a two- or three-year transition
in those -- the reporting, but as of January 1st, they
won't have to change the way they report to us, unless I
think they voluntarily want to do it, but we don't require
it under this rulemaking.
And then on roll-on/roll-offs, the commentary
that was made regarding roll-on/roll-offs it's a unique
vessel in the way it's loaded and unloaded. The ships are
different, et cetera. One of the things that really
affected my thinking on it was in my staff conversations,
that after the Great Recession, it took three or four
years for the roll-on/roll-off vessels, the auto imports
to get back to where they were pre-Great Recession.
And so if you take that into account, plus the
unique features of those ships, when they come in
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at-berth, I really think that having a delay on that to
2027, which is what was just requested is a fair request,
and I would support -- be supportive of that, because of
the economic impact that we're seeing, you know, it's a
significant impact three to four years, and the changes
that will have to be made to the port complex itself to be
able to take those ships.
2027 is also the year for the Northern California
tanker regulations. So it's not outside of the scope of
what we're doing here today. It's not just, you know, way
beyond what we're doing here today. It's equivalent to
what we're doing for tankers an Northern California.
So I think that's a fair ask. There were two
other asks. One was about funding. We can't do that
here, but obviously we're well aware of how important the
emissions are from vessels in the port complex, 40 percent
by our estimation, by our analysis from a couple of years
ago is due to vessels. So it's a good chunk of what's
taking place of the emissions that are taking place in
the -- out at the port complex, and so I think we need to
see what we can do to support the conversion that takes
place.
The other request was regarding a reassessment
that is, you know, as I understand it in the regulation.
At the end of 2022, there will be a reassessment to see
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where we're at and see if any adjustments are needed based
on economics, based on impacts to the communities, et
cetera. So that is baked in here and obviously I'm
supportive of that, as we've done on many other
regulations where we do a mid-term review to see where
we're at in progressing on all of these things.
Everything else with the regulation on the
tankers, which we know are 50 percent of the emissions
from the vessels coming into port I'm supportive of. I
wouldn't change a thing on any of that. But I would
request that we change the roll-on/roll-offs to 2027, if
feasible under the regulation without triggering another
15-day, which I know that the Chair referenced right now,
and I think we need to put this to bed.
CHAIR NICHOLS: Thank you. Sandy, I was actually
successful in finding the right button to get the list
back.
VICE CHAIR BERG: Great. Good. No problem.
CHAIR NICHOLS: So I'm taking my gavel back.
VICE CHAIR BERG: Good, it's yours.
(Laughter.)
CHAIR NICHOLS: Thank you. I'd like to call on
Barbara Riordan next then.
BOARD MEMBER RIORDAN: Thank you, Madam Chair.
Let me ask about one thing there was a request from
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Crowley Marine that talked about the articulated tug
barges being included in this rule. They wanted to be
included. I am not familiar enough, and I apologize to
staff. I didn't have time to contact you and have you
explain it all to me. But maybe in the process of what --
from now until we hear this again. You might look at
that, because that was a request. And it would give me an
opportunity to understand the intricacies of that request
on their part.
CHAIR NICHOLS: Okay. Thank you.
Alex Sheriffs. Oh, no, sorry. Judy Mitchell
next.
BOARD MEMBER MITCHELL: Hi. Thank you. My
comments kind of follow along the same lines as Hector's.
This is a pretty significant rule change, because the
current rule relies on a fleet average of tying up to
shore power. And now what we're going to look at is ship
by ship that we get the correct emission reductions.
So it's significantly different. And I think
that it's -- more time is warranted in certain cases. For
the containers, reefers, and cruise ships, I would agree
with the staff recommendation on that to leave them when
the current rule for 2021 and 2022 and have the turnover
in 2023.
Right now, they are in compliance. They're in
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complete compliance with the existing rules, so we're
getting the emission reductions that we expect to get.
And I don't think there will be any impact on our impacted
communities.
For ro-ros, again, this is a very unique vessel.
And it's a vessel that for loading -- for load and
unloading it's very labor intensive. And I have been
approached by the longshoreman's union to talk about this,
and their concern about it. And it is also a vessel that
doesn't call at our ports that often and it isn't the same
vessel. It can be any vessel that's out there on the high
seas, and so it does create a problem to how we actually
outfit those with the control technologies that will meet
the rule.
So we had advanced the rule on that for them to
2024. And my thought is that I don't want to push them
back too far, but I am willing to restore the original
date we had, which was 2025. So I think Hector was
talking about going to 2027. I kind of think that's too
far out. I'd like to bring it back in to 2025. That's
still five years out. I think that could be enough time
to take a look at it. We will do an interim evaluation
and we can consider a change on that if needed somewhere
half way between now and 2025. So that's kind of where
I'm thinking on that.
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The tankers, 50 percent of the emissions come
from our tankers. And we did give them the concept of an
innovative technology that they might think of to meet the
rule, and that provided the flexibility. It's isn't quite
what they asked for, but we did -- our staff did work on
it, provide that to them, and I think it's a good concept,
so they have another pathway to meet the reductions. And
so I would leave them at the existing timelines of 2025
and 2027.
And I think there are some possible retrofits of
tankers where they could plug in. I know that we do have
tan -- Marathon has a port here in our twin ports that has
vessels that plug in. We know it can be done. It's just
a matter of willpower and getting there. So I would leave
them where they are for now.
Thank you.
CHAIR NICHOLS: Okay. Thank you. Now, it's Alex
Sheriffs turn.
BOARD MEMBER SHERRIFFS: Thank you. Can you hear
me all right at this point -- at this hour?
CHAIR NICHOLS: Yes. Yes. Are you still able to
speak?
(Laughter.)
BOARD MEMBER SHERRIFFS: Yeah. You know, I'm
going to put on my doctor, my public health hat. And I'm
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just -- I'm very sensitive to the pleas of the residents,
the environmental justice concerns as we think about
moving any of the -- delaying any of this. So I really
need assurance from staff that they've looked carefully at
the numbers. And if -- if we're moving the needle, it is
actually not delaying the benefits that we're trying to
achieve.
You know, it's very reassuring that the cruise
industry, they're doing this. You know, I do wonder
delaying it. Well, what is the cost per passenger of
going from that 80 percent to 90 percent and thinking
about, you know, if I was on a cruise ship, wait, if I'm
creating pollution in a community, a hazard for a place
I'm visiting, wouldn't -- wouldn't I want to rectify that,
so, that's a question of how significant this -- this is.
You know, the ro-ros, you know, it's very
unpredictable for us. You know, this is -- this is not
the Great Recession. This is something very different.
So if we're going to delay at all, I don't think we should
delay very much, simply because it's very hard to predict
what -- when the industry is going to bounce back, how
quickly they're going to bounce back. And clearly, this
is not the last time we're going to look at any of this.
You know, the innovative technology I wanted to
touch on, that was the last thing I wanted to touch on
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here. It seems great, gives flexibility, I did not hear
enthusiasm from the industry, so maybe a question to staff
about why the lack of enthusiasm about having an
alternative approach.
But I would also observe -- you know, it's very
hard for us sometimes to wrap our heads around the meaning
of emissions, but I think we all have a very good sense of
what it means to be a tier one locomotive. And if 70
tanker visits are the equivalent of replacing four tier
one locomotives with four tier four locomotives, boy, that
is a very significant step. I mean, 70 tanker visits.
That's a very important pollution source for a community.
So again, reflecting back on the pleas of the
residents, the environmental justice concerns. And again,
the point was made about that process really needs to be
strong on transparency, be strong on the community being
able to understand what the trade-offs have been here,
when -- if they see smoke coming from a ship, they need to
be really very easy for them to see where -- where this is
being made up and how that's impacting their health in a
positive kind of way.
Thank you.
CHAIR NICHOLS: Okay. Phil Serna.
BOARD MEMBER SERNA: Thanks, Chair.
I guess since this is an informational item, we
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have the capacity, and it's probably by design today, to
give just refined feedback to staff about our individual
perspectives on an important matter obviously. I guess
the perspective I come from, given that is the intent for
today's item, and certainly with the benefit of the public
testimony that we heard, I want to know how slippery a
slope this is. This is -- this is an issue that is
grounded in identifying kind of the special circumstance
of a pandemic that hasn't plagued the earth in 103 years.
So it's obviously very unique.
And so I'm really very interested in the concept
of delay that is founded on the unique economic social
circumstances that come with -- with the economic retreat
or shutdown, however you want to characterize it, and what
else do we have on the horizon for the next several
months, because obviously this is the pandemic, and its
response is not going to end in the foreseeable future.
We're going to be at this for several months until we have
widespread protection in the form of a vaccine, which
isn't expected until next year.
So if we were to, for instance, consider delays,
almost regardless of where and what segments of shipping,
and to what extent, and what dates, what years, what else
can staff enlighten us about that may come our way in the
next few months in terms of other regulations, given our
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charge -- our pub -- our very important public health
charge where others might look back and say, well, you
know, the ARB they chose to delay implementation of this
rule, this effort to reduce emissions for public health
sake. They did it back in, you know, the summer of 2020.
Here, we are at the beginning of 2021 and we want to talk
about delays, because we're not out of this -- out of the
woods yet. That's my concern here.
And so I think that is -- since this is intended
again to be kind of a back-and-forth sharing of ideas and
perspectives between staff and Board members, that's what
I have to share, that's my concern.
I will tell you that I am very much leaning
towards the fact that I think it's a very slippery slope.
And I appreciate the fact that there's been a great deal
of testimony today that communicates that in the form of
genuine concern about public health.
And, you know, I can't -- I can't avoid the irony
here. Here, we are being asked to look at the prospect of
delays. The reason being, a distressing respiratory
ailment. So that's my -- that's my perspective. I don't
know if staff cares to respond to just the overall general
concern I have about other regulations that might be
challenged in light of a perspective delay here.
CHAIR NICHOLS: You know, Phil, I could ask them
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to just respond in terms of other regulations that are in
the works that could be impacted by this or we could hear
just from the other two or three people who want to
comment and then ask Richard to give kind of a
comprehensive explanation of how they arrived at the
recommendation that we're seeing today, because I'm sure
it was not done lightly, let's put it that way, you know.
The idea of giving any delays was not something that they
were, I'm sure, eager to do. So how they arrived at those
kind of trade-offs maybe would be a good thing to have
them explain --
BOARD MEMBER SERNA: Sure.
CHAIR NICHOLS: -- kind of comprehensively. So
why don't we just wrap-up the other Board members comments
and then see -- see where we are.
John Balmes was next.
No?
BOARD MEMBER BALMES: I actually --
CHAIR NICHOLS: You put your hand down.
BOARD MEMBER BALMES: No I -- I want to speak,
but I'm not next. I think Diane was --
CHAIR NICHOLS: Who I see next is Diane, and then
John, and then Sandra, and then Nathan.
BOARD MEMBER BALMES: And then the other John.
CHAIR NICHOLS: And then the other John.
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BOARD MEMBER BALMES: You, the other John, yes.
CHAIR NICHOLS: Okay.
BOARD MEMBER TAKVORIAN: Is it this Diane?
CHAIR NICHOLS: This is -- only one Diane, yes.
(Laughter.)
BOARD MEMBER TAKVORIAN: My dad was John, so I'm
used to that, but -- so thank you. And I appreciate the
report and the hard work that the staff is doing. I also
appreciate the, I think, difficult consideration that's
obviously evident from Board comments. I'm going to just
talk about the ro-ros for a minute and say while they may
not be significant across the state or in your port in
L.A. or in Oakland, they are very significant in San Diego
and National City.
As you heard, they generate more diesel PM, NOx,
SOx, than all of the other ships combined. More of those
pollutants than all of the other ships combined that come
to San Diego. So I can't support an action that continues
to condemn one of the most impacted communities of
National City to more pollution for a longer period of
time.
I mean again, as you heard, this is one of the
poorest cities -- the poorest city actually in San Diego,
and the poorest area in that city. They have high, high
asthma rates among children. We need to figure out a way
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to make this work. So I had a good conversation I think
with staff and I appreciate their willingness and their
interest in being flexible.
We heard that car imports were down by about 12
percent a month or two ago. Port staff has come forward
with a 50 percent reduction, so, you know, what is it.
We're also hearing that car sales are on the increase and
that they recovered well in April. So what impact does
that have on the car imports. So overall, I don't think
we have the data, certainly not for a 2027 push. And I
think that's inappropriate and really we shouldn't do it.
On the other hand, I really appreciate ILWU's
testimony. I would like us to be more collaborative. I'd
like us to figure out how we get bonnets on these ro-ro
ships, which according to the conversations I've had with
staff, we've got a couple that are already certified by
CARB, that would be very adaptable to the ro-ro ships.
And I think CARB has the VW mitigation fund coming
forward, which could provide some support for that, as
well as probably other resources. And perhaps staff can
talk more about that.
I really think there's a way that we can make
this work, so that we can get this going for that
industry. I also appreciated, I don't know who it was.
Actually, that said that the 617 communities should be
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included and consulted with when we think about these
innovative concepts, which again are good options for --
for these ships, and that could come forward, but it
really should go through the 617 community which National
City is one.
So I'm going to leave it at that, because I think
there's been a lot of comments about the other aspects,
and ask staff to perhaps give us more data. You know, I
haven't seen specific data at all. And I think as Phil
said, this is really a moving target. We don't know what
this is going to look like. It doesn't necessarily look
like the Great Recession and we should give ourselves the
ability to move forward, support the port in getting that
done, so that we can reduce pollution in a very impacted
community.
Thanks.
CHAIR NICHOLS: Okay. Thank you.
John Gioia.
Supervisor Gioia.
BOARD MEMBER GIOIA: Yep. I unmuted myself.
Okay. I thought I was after some others, but -- so let me
start by saying I know this rule has been a long time in
coming, and it's a complicated and complex rule. So I
appreciate all the hard work of staff and all the work of
the advocates and just hearing from so many people on
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this.
And I think -- and like the last rule, the Truck
Rule, this agency has been working to set ambitious goals.
And I do think that the compliance dates are ambitious.
And on the last rule, we -- we lauded that and said that's
a great thing. Here I think we're recognizing the
ambitious timeline. And we've heard from various
industries about, you know, can we -- can we meet those
deadlines, can they meet those deadlines?
And my understanding is that the -- there are
points along the way, and so before -- I'm going to ask
the staff to sort of go into this a little bit, before I
get to my next point, that there are opportunities through
feasibility studies to ensure that if we set these
ambitious dates, which are -- is always a good thing to
do, that -- that there is opportunity to look at
feasibility issues along the way.
And I think this Board has always been open and
understands that when it sets these ambitious dates, if --
there's a certain amount of trust. If down the road it
determines that compliance dates are not feasible for
whatever reason, it always has the opportunity to
reconsider that.
So let me just ask the staff to go through
briefly the feasibility check-ins here and then I'll get
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to my second and last point.
EXECUTIVE OFFICER COREY: Heather, you want to
cover that.
TRANSPORTATION AND TOXICS DIVISION CHIEF ARIAS:
Sure, I'll start, and then if Bonnie wants to add
on, but, yes. So, of course, we are always interested in
any data that comes our way. Certainly have called out
specifically in the latest change of the regulation that
any of the reports that industry does as far as their
assessments of safety associated with utilizing the
technology, we definitely want to get that information
from them. We will continue to work with them and all the
agencies that are doing permitting and other issues
associated with all the technologies.
And our goal, of course, is to report back to you
in 2022 with the interim report. And as you've said, if,
at that time, the data warrants changes in the Board
direction at that time is for us to go back and revisit
it, of course we will.
Bonnie, is there anything you want to add as far
as the additional technology reports?
TTD FREIGHT ACTIVITY BRANCH CHIEF SORIANO: No,
not in terms of the technology reports, but just a
reminder that the -- along with the interim evaluation, we
did add the innovative concepts provision, which provides
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some flexibility in terms of compliance options.
BOARD MEMBER GIOIA: So --
CHAIR NICHOLS: So, John, excuse me for just a
second here, but I'm just going to warn the staff, that
since -- you know, I was trying to get this all to be
dealt with at the end of the Board member comments, but
immediately after you finish with answering John's points,
you're going to have to then address the question that was
raised by Phil, because it's not fair that I put him off.
Okay. Sorry. Go ahead, John.
BOARD MEMBER GIOIA: I'm sorry. Sorry, Phil, I
didn't mean to.
(Laughter.)
CHAIR NICHOLS: It's okay.
BOARD MEMBER TAKVORIAN: And the questions -- and
the questions I raised, so we're -- it's a slippery slope.
BOARD MEMBER GIOIA: Yeah. Yeah. Yeah. Sorry.
So bottom line is I'm fine with the dates and I wanted to
have that feasibility issue just get addressed, because I
think there has been a certain amount of trust that I
think the broader community has had with Air Board
hopefully that issues always get reevaluated if they're
not workable and -- and so I'm fine with the dates that
have been set.
On the second point, so without proposing any
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change of dates, more of a process, on the issue of the
innovative compliance path with tankers, which -- which to
me, the important part of that is that it ensures that --
that you get equal or greater reductions out of that, so
that you achieve then the same benefit to the community by
getting equal or same.
And, Richard, you laid out an issue about
whether -- whether that -- whether these concepts get
reapproved over a three-year term or a five-year term.
And I understand that that term is relevant in deciding
where to make an investment, right? Is the -- is the
investment made on the shore-side, is it made on the shore
power, all of that? So that seems to be at least
irrelevant. It doesn't change the timeline for compliance
at all. Compliance dates are still the same. It's just
which path is chosen. So talk a little more about the
three- versus five-year issue.
EXECUTIVE OFFICER COREY: All right. What you're
referring to is the effective timeframe for an innovative
concept, which in the current language refers to three
years. In the conversations that have continued to play
out, including comments, there was a suggestion that the
innovative concept as structured could be renewed every
three years, assuming all the criteria continue to be
applicable, above and beyond reductions, same location,
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same pollutants --
BOARD MEMBER GIOIA: Right.
EXECUTIVE OFFICER COREY: -- same benefits from a
public health and community standpoint.
And the point was made that there are certain
investments that are being considered that if there was a
longer applicable time frame, a five-year for instance,
those investments would more -- much more likely to be
made, return on investment for instance, time horizon for
regulations on the future horizon for instance.
And the point was that the thinking was as part
of following this Board hearing, there could be some
adjustments to 15-day language that include additional
criteria where there could be innovative concepts where
five years creates additional opportunities to actually
deliver benefits to the community, to deliver reductions
sooner and meet all these criteria. That's -- that was
the theme that we were trying to tee up in that slide.
BOARD MEMBER GIOIA: Yea, I mean, it seems to me
I'd rather -- I mean, if having a five-year period and you
get the same reductions and get the benefits, to me, is a
better approach than to come back with the feasibility
analysis that shows that the capture or shore-side
isn't -- technology isn't working, so -- because, you
know, that that's where the -- that's where the
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feasibility and technology issue has been raised.
So it's an alternative path and it makes sense to
invest in it for five years. And then it's renewed or not
after that period of time. That's -- so I'm -- I'm open
and supportive to looking at that, at the five-year
period, if it obviously achieves the same or greater
benefits without changing the compliance, so you still get
the emission reductions based on the time frames you have
and the ordinance in the regulation, and not risk having a
feasibility analysis come back and say, hey, this --
the waterside improvements aren't feasible and it delays
it, whereas you do this alternative path and you get the
reductions in the time frame you want. So I'm open and
supportive of that.
CHAIR NICHOLS: Well, I think the point is that
the people who are subject to this rule get to make the
choice, and I think --
BOARD MEMBER GIOIA: Right.
CHAIR NICHOLS: -- and I think they will. I
mean, I think they'll make the choice that makes sense for
them.
BOARD MEMBER GIOIA: Right. The choices may be
different if it's a three- or five-year term. That's --
that's the issue, right, is that --
CHAIR NICHOLS: Yeah.
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BOARD MEMBER GIOIA: So that's why the five-year
period -- so I'm open to that five year.
CHAIR NICHOLS: Hear you. I hear you.
BOARD MEMBER BALMES: Mary.
CHAIR NICHOLS: Okay. Sandra Berg.
BOARD MEMBER BALMES: Mary?
CHAIR NICHOLS: Yes.
BOARD MEMBER BALMES: Could I -- because I think
I was supposed to be the John instead.
BOARD MEMBER GIOIA: Oh, sorry.
CHAIR NICHOLS: No -- well, I don't -- not on my
list, John Balmes.
BOARD MEMBER GIOIA: Sorry.
CHAIR NICHOLS: If you're desperate to speak --
BOARD MEMBER GIOIA: I defer to John Balmes.
CHAIR NICHOLS: -- I will call -- I will call on
you, but it was Sandy, Nathan, and then you.
BOARD MEMBER BALMES: No, but I just want to --
I'll make my comment very short and then you won't have to
worry about me any more.
CHAIR NICHOLS: Okay.
BOARD MEMBER BALMES: Because mine is related to
the innovative concept --
CHAIR NICHOLS: Yeah.
BOARD MEMBER BALMES: -- that -- and I just
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wanted to say that I support what Diane said about
involving the AB 617 communities and the discussions about
that, especially if they're going to be five-year --
CHAIR NICHOLS: Yes.
BOARD MEMBER BALMES: And so that's my main
comment. I'm very supportive of what Diane said about
that.
CHAIR NICHOLS: I hear you. Okay. That's a --
appreciate that. That was directly relevant. I'm just
trying to read down the list of hands here, so apologies.
BOARD MEMBER BALMES: And now I'll shut up.
CHAIR NICHOLS: Okay. Well, you don't have to,
but your -- if you're finished, you're finished. Okay.
Sandra Berg.
VICE CHAIR BERG: Thank you. I'll be quick.
Thank you, everybody, for some great comments. So I do
remember the December Board meeting very clearly. And I
don't think that I've really changed my feeling about what
needed to be done. At the Board meeting, I was concerned
and asked staff to take a look at the container reefer and
cruise vessel. And I do want to make sure that I'm
correct, we are not postponing going from 80 percent to 90
percent. What we're doing is giving them the additional
two years to stay in their current compliance option, and
so I am -- and if I'm correct on that, that we're not
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postponing, and they get to continue to average, they're
ahead of schedule. And so I do agree with other comments
that that is not a step backwards, and I would confirm
that. I would agree with staff to stay in the fleet
averaging and move then to the new process in 2023.
You know, I'm really compelled by the ro-ros and
National City. And so I -- I do agree that we need to
figure out how to take care of a highly impacted community
that gets 40 percent. So I agree with Diane we need more
data. We really need to understand what is the impact
there. If there is emission savings because business is
suffering, that's one thing, but 40 percent is a lot of
impact to a community. And so I would like more
information on that.
I agree with staff to maintain the tanker vessel.
As I said at the meeting, these communities have waited a
long time. It's hard always before. It's hard now. We
really do need to figure out. I am supportive of the
innovative concept. I would be supportive for the
additional years, and I also would be supportive of the
617 communities participation, so that we all understand
the transparency.
Thank you very much.
CHAIR NICHOLS: Okay. Nathan Fletcher you are
the last hand up.
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BOARD MEMBER FLETCHER: Thank you. Thank you,
Dr. Nichols. I cut out there for a second. I had some
audio challenges, but I'm back.
I apologize if staff covered this while I was
off, but I -- I would like to hear about the opportunity
to accelerate the technology around bonnet and scrubber
technologies for ro-ros, if we are going to push them back
a few years, how might we achieve compliance there.
And then I'm also interested in getting
clarification on the cruise ships, containers, and
reefers. I don't think -- for cruise ships, I don't think
it's CARB that's creating their economic distress. It is
something else at the sea, probably COVID. But
nonetheless, if those are going to move to 2023, are they
allowed to maintain under their existing compliance
schedule, assuming there's no difference in the emissions
savings that come from that, will they -- I'm okay with a
difference in allowing them to continue under their
current compliance mechanism, provided there's no
difference in the environmental benefits from that. So
I'd like clarification on that.
And then I just am fully supportive of driving
the tankers forward in terms of both the environmental
benefits and the economic impacts of what's happening
there.
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So those were just the only things that I wanted
clarification on as we look towards staff comments. Thank
you.
CHAIR NICHOLS: Okay. Staff want to respond on
the basic questions about whether --
EXECUTIVE OFFICER COREY: This is -- yeah,
thanks, Chair. This is Richard. I'm going to give this a
shot and try and pull together I think several of the
comments that Board members made.
And I'm going to start with Supervisor Serna's
comment, because I think it was a really -- it was an
important question in terms of the wording of delays and
slippery slope, so I want to be clear on this. But we got
many, many requests for delays across the board for each
sector, for reporting, for effective dates. And I'll talk
about one example here, but that's not what is in this
package.
Let me be clear on this, the key theme that is
represented in this conversation follows from the
direction that you all provided in December, which was
emission reductions, public health benefits, in fact,
substantially driven by the pull forward of the oil
tankers, since -- given what is -- you all just discussed.
The -- as several of you noted, the suggestion
concerning those vessels that are already in the reg, in a
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At-Berth Reg, the cruise vessels and cargo containers,
they're in the reg. They're at 80 percent. As Ms. Berg
noted, the suggestion is continue the current reg through
the end of '22 -- 2022. They don't waste benefits by
doing that and then they convert over come 2023 to the new
construct and the additional stringency. So that
provision is streamlining, without emissions loss.
The suggestion on the innovative concept, and
that was the short exchange that Supervisor Gioia and I
had, which was, and we believe, that through a 15-day
change process, we can add some additional language that
recognizes the innovative use application the innovative
concept up to five years, in the event that we don't want
to lose opportunities for early reductions. Provided
again they meet all the criteria, we think there's a
rationale for doing that.
With respect to ro-ros, we've looked at, and
Diane mentioned this, and we certainly looked at ro-ros
visits at Hueneme, San Diego, L.A., Long Beach, where the
majority visit -- makes vessel visits. And as noted,
there's been a substantial reduction. Does it vary by
port? It does, but we looked at each one. And the
original proposal the Board considered in December was
2025, and the request was to look at pulling it forward,
ro-ros. We did to 2024. But as we've looked at the
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downturn, we believe from again through the lens of
emission reductions and public health benefits, that there
is a rationale for restoring ro-ros to 2025 and careful
monitoring.
We're going to be reporting to you annually on
the implementation of this reg. And as several of you
noted, within the rule itself, the reg language requires a
comprehensive report to you at the end of 2022 from an
implementation standpoint to inform whether or not, from
your perspective, adjustments need to be made to the
regulation. So it is hardwired in the regulation, and
with a few exceptions. Generally we don't -- why are
those in the regulations? It's a really important point.
It was called out explicitly.
So what I just reviewed with you was areas that I
think we could have a stronger reg by making 15-day
changes that captured the points that I just made, so I'll
stop there.
CHAIR NICHOLS: Okay. I think we've addressed
the question about consultation with the communities on
any alternative compliance plans or innovative compliance
plans. But I just want to be clear that --
EXECUTIVE OFFICER COREY: Let me -- thanks,
Chair. Let me be clear that. The innovative concept, an
application -- and the reg has considerable detail on what
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an innovate concept -- what could qualify, the criteria,
above and beyond emission reductions, documentation
reporting, also a public process. We need to make
available and discuss applications, because we need them
to be reviewed externally. And what I got from this
conversation was just a little bit more explicit
expectation, in terms of engagement of the 617-related
communities, particularly those that would be near or
coincident to a port, for instance. We can work that into
the process, the expectation that was clear to me that
that's where you'd want us to go to the extent that we get
an application in -- geographically in the regions where
we have 617 communities do this.
CHAIR NICHOLS: Yeah, I think you have to do
that. So at this point, I guess I just need to hear
whether there's any sentiment for -- you know, several
people have mentioned things that they might support. The
only person who I think made a specific suggestion of a
change that he would like to propose was Hector for
additional time to work on the ro-ro issue. If anybody
wants to second that and have a discussion, we can. If
not, I think it's going to unfortunately not proceed.
So hearing none at this moment, I'm sorry, but I
think we've got pretty clear instructions to the staff on
what to do next.
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So if that is the case, then I think we don't
have to do anything, do we, at this point?
BOARD MEMBER MITCHELL: Madam Chair?
CHAIR NICHOLS: Yes.
BOARD MEMBER MITCHELL: I just want to say that
John Gioia has suggested with the innovative concept that
that could be extended to five years.
CHAIR NICHOLS: Yes, he did.
BOARD MEMBER MITCHELL: And I'm supportive of
that.
CHAIR NICHOLS: He did. Okay
BOARD MEMBER MITCHELL: I'm supportive of that.
CHAIR NICHOLS: Yes. And so that -- I'm sorry.
I failed to make that note but, yes. Is that an issue
that others are to extend the period of time in which that
would be effect before -- be in effect, so that anyone who
proposes an alternative would have that extra time to
actually implement it and see if it works?
BOARD MEMBER BALMES: I support that. This is
John Balmes.
CHAIR NICHOLS: All right. I think we're okay
with that one then.
Okay. Staff, we don't have to take a formal vote
on this.
Anything else?
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BOARD MEMBER DE LA TORRE: Yeah, Chair, to -- so
I realize that my proposal didn't fly, but Richard just
said 2025, is that where we end up for ro-ros?
CHAIR NICHOLS: Moving to where we had been with
the original proposal that we then move forward and now
we'd be moving it back again.
BOARD MEMBER DE LA TORRE: To where -- yeah, to
where it was.
CHAIR NICHOLS: Yeah. Yeah, I think so.
BOARD MEMBER DE LA TORRE: Okay.
CHAIR NICHOLS: I think so.
All right. Is that -- then --
BOARD MEMBER DE LA TORRE: And then one other
thing.
CHAIR NICHOLS: Yes.
BOARD MEMBER DE LA TORRE: Just to be clear, when
we come back in August, it will just be an up or down
vote.
CHAIR NICHOLS: A final vote.
BOARD MEMBER DE LA TORRE: Today was the
discussion.
CHAIR NICHOLS: That's right.
BOARD MEMBER DE LA TORRE: August is just a vote
on the final package, correct?
CHAIR NICHOLS: That's my understanding.
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BOARD MEMBER DE LA TORRE: Okay.
EXECUTIVE OFFICER COREY: That is correct. The
follow-up from this discussion and the comments that we
received here, and the comments that we got in the 15-day
is to prepare 15-day changes. We'll be preparing those
right after this meeting. They'll be released in the next
few weeks for public comment, and then we'll return to the
Board in August at the August Board hearing, as you both
noted. And that will be an up and down vote on the
package.
BOARD MEMBER DE LA TORRE: (Nods head.)
CHAIR NICHOLS: Okay. Thanks, everybody.
BOARD MEMBER MITCHELL: Madam Chair, if I could.
CHAIR NICHOLS: Yes.
BOARD MEMBER MITCHELL: I do have one more issue,
because Diane brought up the whole issue with the problem
in National City. And are we going to do any further
research on that or what -- how are we going to handle
that.
CHAIR NICHOLS: Well, I took her to say that she
wasn't going to propose -- she wasn't going to be in favor
of any delays that would impact National City, and that
she wanted to see more work done on what could be done in
any alternative proposal that was going to directly
benefit National City. I'm not sure what else was being
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considered.
If missed it --
BOARD MEMBER TAKVORIAN: Well, you know, I was --
CHAIR NICHOLS: Sorry.
BOARD MEMBER TAKVORIAN: Sorry.
CHAIR NICHOLS: Go ahead.
BOARD MEMBER TAKVORIAN: Okay. Thanks. Sorry.
Well, what I heard is that we're moving it back to the
original date of 2025, which I think is unfortunate,
because we know we need to move more quickly, but I also
appreciate that we're looking at the data. And I --
thanks, Judy, I would like to see, for instance, with the
new incentive funding that's coming up even this year, how
CARB staff can help to work with the operator, the
terminal operator, and with the Port of San Diego to help
to get that going, because what I -- I understand -- maybe
this is wrong, but in my conversations with staff, that
technology is quite good and quite ready to be adapted for
ro-ros.
And we've been having this conversation for like
two years. So I feel like staff has done a really good
job, and that I haven't heard a rationale for that to be
delayed. And especially if CARB has some resources that
can be shared, both the actual money to make it happen,
but also the expertise that staff has, that would be what
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I'd be asking for, so that we could move that more
quickly, because I -- it seems like the technology has
advanced already and you all have done great work in
certifying the bonnet technologies, which seem to be the
most appropriate solution for the ro-ros, at least the car
carriers.
CHAIR NICHOLS: I had heard different
information. I don't know that we want to be going on
secondhand information here, but I -- I would disagree
with your statement about the availability or
acceptability of the bonnet technology in terms of how
it's actually working out in implementation. But somebody
else who's got a more authoritative answer may be better
positioned to say something about that. And I don't want
to trash anybody without having them have an opportunity
to speak either. So I don't know that there's any deft
way to deal with this conversation --
(Laughter.)
CHAIR NICHOLS: -- other than to say that I
think -- I think it requires -- the answer is maybe not
quite as straightforward as what you're suggesting.
BOARD MEMBER TAKVORIAN: Well, I wasn't asking
for change in the 15-day change. I was saying I think if
that can continue. And so if I'm misrepresenting it,
Richard --
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CHAIR NICHOLS: No, I have --
BOARD MEMBER TAKVORIAN: -- (inaudible) but I
think --
CHAIR NICHOLS: Again, we're dealing with
secondhand information.
BOARD MEMBER TAKVORIAN: Yeah, so -- so that we
continue on the positive course that we've been on.
That's -- that's what I'm saying.
CHAIR NICHOLS: Good
BOARD MEMBER TAKVORIAN: And maybe redouble our
efforts on a technology that already exists.
EXECUTIVE OFFICER COREY: Got it.
TRANSPORTATION AND TOXICS DIVISION CHIEF ARIAS:
And this is -- this is Heather. And I hear you,
Diane. Your request for us to follow up with San Diego
Port and help them with technical analyses and we'll do
that.
BOARD MEMBER TAKVORIAN: Thank you.
CHAIR NICHOLS: Okay. Very good. That's a great
response. Thank you, Heather.
All right. Anything else before we move on to
our absolutely last and final item of the day?
Okay. Thanks, everybody. This has been a really
intense discussion. Obviously, people have spent a lot of
time and thought on it, and -- and it's not over yet. But
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I think we've moved it. We've moved this considerably
closer to an ability to make a final decision. So thanks
to all, and all who participated in the hearing as well.
We have an enforcement report. Nobody signed up
to testify on it, and I don't really perceive a need for
discussion. But staff have been waiting patiently and
they did a great report. And I'd like to give them an
opportunity to mention it -- to mention it -- to describe
what's in it. And then if there's any public comment, did
anybody sign up for the public comment section today?
BOARD CLERK SAKAZAKI: After the enforcement
report, we can ask people to raise their hand, if they
wish to have an open comment, if that works for you.
CHAIR NICHOLS: I guess, yes. I mean, I think
we're required to do that. So okay. Sure.
Let's hear from the Enforcement staff then.
(Thereupon an overhead presentation was
presented as follows.)
CHAIR NICHOLS: The report itself is -- it's out.
I think everybody has it. So it's an annual report that
we do and it highlights the Board-wide enforcement
efforts. This is a critical area of our program. In some
ways, the -- everything we do is based on the perception
and the reality of doing a good, and fair, and effective
job with enforcement. So I do want to hear the highlights
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of this report.
Mr. Corey.
EXECUTIVE OFFICER COREY: Yeah. I couldn't have
said it better, Chair, in terms of the enforcement and the
importance of an aggressive, effective enforcement
program, with respect to meeting our air quality goals.
But with that, I'm just going to punt to Nick
Kane of the Enforcement Division.
So, Nick.
ED AIR POLLUTION SPECIALIST KANE: Thank you, Mr.
Corey. So today, I'll be presenting the 2019 annual
enforcement report.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: California's
goal is to clean the air and protect the climate. To
achieve this goal, we developed regulations that help meet
air quality standards, protect the public in areas that
are most affected by air pollution, and reduce greenhouse
gas emissions across the State.
Regulations alone do not reduce missions.
Companies invest money and install controls to meet
regulation requirements and generate emission reductions.
We focus on compliance to ensure the emission reductions
envisioned by regulation are actually achieved, and to
provide a level playing field across industry.
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--o0o--
ED AIR POLLUTION SPECIALIST KANE: We use an
iterative process to ensure compliance. Once a regulation
is in place, staff works with industry to provide
assistance. We inspect sources to identify noncompliance
and then investigate and enforce the case. Cases are
resolved when the responsible party achieves compliance
and pays a penalty as a deterrent to future noncompliance.
During this process we learn, gaining an
understanding of compliance rates and identifying areas
where the regulation might be improved. This iterative
process is important, especially when rules impact
hundreds of thousands of regulated entities.
As programs mature, the focus of enforcement
shifts to deterrence through inspections and traditional
enforcement practices.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Today, we'll
start by updating you on the results of our enforcement
efforts and then we'll discuss ways in which we're working
to improve our enforcement programs.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: The statewide
Truck and Bus Regulation is a great example of how using
the iterative process to improve a regulation can result
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in significant improvements in compliance rates.
Enforcement has been an important part of this effort.
We've assessed and published compliance rates, sent
certified letters to every operator in advance of their
compliance deadline explaining what was required to
comply, and implemented a streamlined enforcement process,
which offered a fair legal process to operators, while
dramatically improving enforcement efficiency.
With new statutory requirements, California
registered truck operators now have to demonstrate
compliance before their vehicle can be registered.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: These efforts
are working. Throughout the streamlined truck enforcement
process, over a two-year period, we withheld registration
for 24,000 noncompliant trucks and collected $5.2 million
in penalties. During this same period, our collective
actions across the board increased the compliance rates in
California registered trucks from 77 to 88 percent. And
these improvements will continue.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Our analysis
indicates compliance rates are similar in California
registered trucks and in trucks operating in California
and registered in other states. A significant fraction of
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our inspections occur at weigh stations and border
crossings to deter noncompliant trucks from entering into
and operating in California. When we identify a large
fleet, based outside of California, is violating the law,
we sometimes refer the case.
In 2019, U.S. EPA enforcement of CARB referrals
resulted in six cases settlement and $588,000 in
penalties. And we're working to expand referrals to local
enforcement entities.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Previously, we
presented to the Board on the development of the PEAQS
technology, which stands for Portable Emissions
Acquisition System, In 2019 staff built sever PEAQS
systems consisting of an automated license plate reader
emissions measurement equipment and custom software.
Staff deployed a portable systems, shown on the slide and
a stationary system, which operates continuously and is
screening 10,000 heavy-duty diesel vehicles a month.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: We're also
working to enforce other diesel programs. CARB diesel
technology requirements apply to transportation
refrigeration units. And in 2019, field inspectors
conducted 2,000 TRU inspections and issued more than 900
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citations. CARB requirements also apply to off-road
diesel equipment. In 2019, staff inspected 4,300 pieces
of equipment and issued more than 450 citations.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: We also
enforce two regulations for ocean-going vessels. The
Ocean-Going Vessel Fuel Sulfur Regulation requires that
vessels operate on low sulfur distillate fuel within 24
nautical miles from shore. And the At-Bert Regulation
requires vessels reduce emissions by turning off their
diesel engines and plugging in to the electrical grid for
power while at berth.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Nearly all
vessels comply with fuel requirements. In 2019, we issued
six notices of violation and assessed over $172,000 in
penalties.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: The At-Berth
Regulation has been very effective. Enforcement is based
on compliance within annual requirements. Fleets report
in March of each year and then staff audits each fleet.
In 2019, we audited 38 fleets covering 3,900 individual
ship visits to California ports in 2018. Our audit of
fleet and ship visit records reveals that overall the
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regulation achieved a 77 percent reduction in diesel
engine use. In 2018, the regulatory requirement was 70
percent. So as a whole, industry exceeded what the
regulation required.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Even though
industry as a whole met requirements, the playing field is
not level. In 2018, two fleets didn't meet requirements
shown in red on the slide and these fleets are being
investigated. Thirteen fleets met requirements only after
considering relief provided by compliance advisories shown
in yellow on the slide. These advisories allow credit for
visits where emission reductions were not achieved, but
compliance was beyond the control of the operator.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: We settled two
casings -- two cases for violations of the At-Berth
Regulation in 2019. Both fleets are now in compliance,
and we've established a penalty structure that encourages
fleets to come into compliance as quickly as they can.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Certification
requirements apply to a broad range of products, such as
consumer products, composite wood products, vehicles,
engines, aftermarket parts, and fuels.
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--o0o--
ED AIR POLLUTION SPECIALIST KANE: CARB's
consumer product regulations protect consumers and the
environment by establishing VOC emission limits for
products like hairspray -- hairspray and cleaning
solutions, formaldehyde limits in composite wood products,
and ozone limits for indoor air cleaning devices. We
inspect sources to determine compliance and pursue cases
where non-compliance is identified. And we have three
notable causes shown here.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Manufacturers
must certify their engines by demonstrating they meet
CARB's stringent emission and durability limits. Earlier
this year, California and the United States settled a
major case with Kohler. Kohler is a manufacturer of small
off-road engines uses in lawn and garden equipment that
did not conform to requirements. And some of the engines
were designed to cheat emission standards. The company
did voluntarily disclose some of these violations.
Working together, the governments brought the
company into compliance. The company forfeited emission
credits and agreed to pay a $20 million penalty
nationally, including $6 million in California.
$1.8 million of California penalties were
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diverted to provide solar-powered battery back-up
generators for low-income consumers affected by public
safety power shutoffs. In 2019, we also settled with Fiat
Powertrain, a heavy-duty engine manufacturer. The company
also did not manufacture the engines as represented,
making changes to products after certification. The
company paid a penalty of $6.4 million, of which two
million was directed to a SEP funding the installation of
high-efficiency air filters in schools.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Vehicles sold
in California must also meet certification requirements.
We have two notable cases from 2019 shown on this slide.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Emission-
controlled vehicles and engines can't be modified with
uncertified parts. Our enforcement program focuses on all
parts of the supply chain from the manufacturer to
wholesalers, distributors, retailers, and end users. Two
examples of case settlements are shown here. Both
companies sold uncertified aftermarket parts for
non-competition use. Our program -- our enforcement
program provides a deterrent across industry.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Our
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Reformulated Fuels Program, establishes specifications to
promote clean-burning fuel and low ozone formation from
evaporative emissions. Our Low Carbon Fuel Standard
decreases the carbon intensities of fuels used in
California.
We enforce these specifications. For example, in
2019, we settled cases with both Phillips 66 and Tesoro,
when we identified and tested fuel that was not consistent
with the certified formulation. Staff recertified the
fuel and assessed a penalty in all three cases.
Clean Energy is an important player in the low
carbon fuels industry. But staff's investigation
identified the company underreported the carbon intensity
of their renewable natural gas over a period of five
years. Staff worked with the company to correct the error
and reconcile LCFS credits. To mitigate excess emissions,
the company agreed to provide grants, loans, and
subsidized contracts to deploy 20 trucks equipped with
ultra-low NOx CNG engines and running on renewable natural
gas. These vehicles must be operated at the Ports of L.A.
and Long Beach or in the San Joaquin Valley. And that
project is being implemented with $800,000. In addition,
the company paid $100,000 for a penalty.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Next, we'll
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discuss how we're improving our enforcement programs.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: In 2019, we
worked to update our enforcement policy ease through a
public process and we published the updated policy in
early 2020. We've also updated our publicly available
website to provide the location and compliance
determination for every inspection we conducted in 2019.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Our
Supplemental Environmental Project Program is unique and
it has been very effective, providing benefits from
enforcement penalties directly to communities most
impacted by air pollution. SEPs are projects that
violators fund as a condition of settlement.
In the program, CARB solicits applications for
projects that benefit disadvantaged communities, and we
encourage submittal of projects directly from
disadvantaged community groups. We evaluate each project,
and if it meets qualifications, it is listed as an
eligible SEP. Violators then may choose a project from
this list of eligible SEPs.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: In 2019, CARB
approved 26 projects eligible for funding and violators
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funded 18 projects with $6 million in penalties.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: School
filtration projects have been the most popular of our
SEPs. High-efficiency air filters have been installed in
70 schools in total since 2017, and as a direct result of
our program, have affected approximately 42,000 students.
Projects are focused in disadvantaged communities or near
emission sources such as the Roseville Railyard.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Our most
diverse and low-income communities are also those most
impacted by air pollution at a local level. Our
enforcement programs work in these areas to keep emissions
as low as possible and address community concerns. In
2019, we conducted more than 60 percent of our inspections
in disadvantaged communities or areas directly benefiting
them.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: We implement
equipment registration programs to ensure compliance with
CARB requirements. Both the cargo Tank and Portable
Equipment Programs are revenue neutral, meaning that the
programs pay for themselves with the fees they collect.
Cargo tanks transport gasoline. And we're
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working with this industry to implement a compliance
assistance program to improve compliance rates. CARB
regulations now require the phase-out of the dirtiest
portable diesel engines statewide. And we're working with
the air districts to ensure compliance with those
requirements. The use of portable diesel generators has
increased because of Public Safety Power Shutoffs.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: To mitigate
fire -- wildfire risk, utilities are shutting off power
during high heat and high-wind conditions. These Public
Safety Power Shutoffs have led to increased use of
portable electricity generators, including both smaller
gasoline generators for individual use, and larger diesel
generators for commercial and industrial use.
In October of 2019, millions of people lost power
for days at a time, resulting in emissions roughly
equivalent to 29,000 heavy-duty diesel trucks operating
for an entire month. For the past year, we've been
coordinating with air districts, utilities, and the Public
Utiities Commission to implement programmatic
requirements, and to encourage the use of cleaner
technology.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: Finally, we're
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continuing to develop our stationary source programs. In
these programs, our role is both in direct enforcement and
in ensuring the districts are enforcing the regulations
where they've signed agreements to do so.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: So in
conclusion, in 2019, we continued to implement and improve
our strong and effective enforcement programs. We
performed three and a half thousand enforcement actions
and assessed $24.4 million in penalties. We conducted
26,000 inspections and about 60 percent of those took
place in disadvantaged communities. And resulting from
those inspections, staff issued 3,000 citations. We also
saw an increase in compliance rates for several programs,
including the Truck and Bus Regulation, and the
ocean-going vessel regulations for Fuel Sulfur and
At-Berth Shore Power.
And we've made all of our inspection results and
locations available online through the EDVS system. We
directed $6 million in penalties to projects benefiting
disadvantaged communities, and we've continued to expand
and improve our stationary source programs.
--o0o--
ED AIR POLLUTION SPECIALIST KANE: The 2019
annual enforcement report is available on our website at
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the location shown here.
Thank you and we'd be happy to answer any
questions that you may have.
CHAIR NICHOLS: Thank you, Nick. I'm sorry this
comes at the end of a long and busy day, but the
information in here is absolutely terrific, really useful,
and I suspect that we and others will be referring to it
as time goes by.
So, thank you, but I think we're -- nobody has
signed up to testify on this one, so I think you're -- I
think you're good to go, unless there's someone who needed
to speak up.
VICE CHAIR BERG: I'm not sure. Let me just
check. Someone is saying something.
CHAIR NICHOLS: Oh, okay.
Yes, hands are up.
BOARD CLERK SAKAZAKI: Madam Chair, yeah, we have
two members of the public who wish to speak on this item.
CHAIR NICHOLS: Who wanted to speak on the
enforcement report?
BOARD CLERK SAKAZAKI: Um-hmm.
CHAIR NICHOLS: I also have two hands up from
Board members.
BOARD CLERK SAKAZAKI: Okay.
CHAIR NICHOLS: I assume it's on this item. So
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all right, well, let's hear from who -- from the public
then.
BOARD CLERK SAKAZAKI: Okay. So we have two
members of the public who wish to speak at this time. The
first one is Chris Peeples. I have activated your
microphone.
MR. PEEPLES: No. I'm -- I'm on the open -- open
forum.
BOARD CLERK SAKAZAKI: Oh. Okay. We'll get back
to you afterwards.
The next one is William Koons. William, I've un
-- I have activated your microphone.
MR. KOONS: Okay. Can you hear me?
BOARD CLERK SAKAZAKI: Yes, we can.
MR. KOONS. Hi. I'm William Koons. I'm not sure
if this goes with this segment or with the open forum or
to the open comment, but I -- I recently back about a
month ago came across an AT&T trailer that was smoking.
It was powering. It was a generator trailer, but it was
sitting, you know, stationary. It was sitting powering up
two AT&T panels that apparently they worked on, but they
weren't finished working on them by the street near the
sidewalk.
So I called the mall. It's at the SouthBay
Pavilion. I a called the mall and said can you do
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something about it. It's generating lots of smoke, et
cetera.
Should I go on or should I wait till open forum?
CHAIR NICHOLS: Well, no. I mean, if it were me,
I would have directed you to the Air Quality Management
District. There's --
MR. KOONS: Okay. So ended up calling the fire
department and nobody seemed to want to do anything. I
did eventually call -- since I'm on the community steering
committee, I did call someone. I called -- I reported it
to the AQMD.
CHAIR NICHOLS: Right.
MR. KOONS: And they came out maybe about a week
later, and they told me the reason they can't do anything
about it -- and a week later it was still smoking. They
couldn't do anything about it, because it's under 49
horsepower -- a generator under 49 horsepower. And so
then there's nothing they could do about it. That's the
result.
So I don't know if that's a loophole in the law
or -- so my -- as far as enforcement, it took quite a long
time to get rid of it. It took another week until AT&T
probably -- and did call AT&T also. It took another week
beyond that AQMD, where they came out and removed it and
fixed the panel. So I don't know if that's open comment
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or forum. I'm just saying I -- I see a enforcement issue.
I see a loophole in the law that -- and they say under 49
horsepower does not have to be registered and it's not
controlled. It can smoke any amount it wants.
So I'm just asking the question --
CHAIR NICHOLS: I think the right response here
is to have a member of the staff follow up with you
afterwards. If you leave your contact information with
the Clerk --
MR. KOONS: Okay.
CHAIR NICHOLS: -- we will have somebody get in
touch with you, if that's okay.
MR. KOONS: Okay. How do I do that?
BOARD CLERK SAKAZAKI: So you can email me. My
email is COTB, it stands for Clerk of the Board --
MR. KOONS: Hold on a second. Hold on. I've got
to write it down.
BOARD CLERK SAKAZAKI: No worries.
MR. KOONS: Again, the email is?
BOARD CLERK SAKAZAKI: COTB --
MR. KOONS: COTB as in boy.
BOARD CLERK SAKAZAKI: Yes -- @arb, as in boy,
.ca --
MR. KOONS: -- .ca?
BOARD CLERK SAKAZAKI: -- .gov as in victor.
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MR. KOONS: GOV not a U.S. Okay. ARB.ca.gov --
cotb@arb. Okay. Thank you.
CHAIR NICHOLS: That's it. Thank you.
BOARD CLERK SAKAZAKI: Thank you.
Madam Chair, that concludes our --
CHAIR NICHOLS: All right. That was the public
comment. Now, we have Board members who also wanted to
comment. So we have hands up from Balmes and De La Torre.
John Balmes, you are first this time.
BOARD MEMBER BALMES: Thank you, Madam Chair.
You know, I use -- I've been on the Board since 2008, and
I have to say -- I have to confess I used to get bored
during the enforcement presentations annually, but I'm not
bored this year. I want to really thank -- or commend the
staff of the Enforcement Division for really doing some, I
think, good and creative work. I especially applaud the
transparency effort to make the public aware of the good
work that you're doing, trying to protect their health by
making sure that we get the emission reductions that we're
supposed to.
And as, you know, somebody who is very much
interested in AB 617, you know, it's part of the -- the
law that we would enhance enforcement. And I really
appreciate that staff of the Enforcement Division is
working to support the CERPs, the community emission
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reduction programs.
And then I have to talk about two wildfire issues
very quickly. I am very involved with discussing with
schools their efforts to reduce wildfire exposures. And
I've heard nothing but praise about our efforts to, you
know, provide funding for school indoor air programs. So
I just want to compliment you on that. And then as
somebody who lost power during October 2019, due to a PG&E
shut-off, and being asked by media is this going to create
more diesel emissions, I mean, the New York Times even
asked me that, I'm glad that we're working to try to
support cleaner alternatives when utilities turn off the
power during wildfires.
So I just want to commend the Enforcement
Division for the good work you're doing.
CHAIR NICHOLS: Thank you. Compliments are
always in season.
Okay. Mr. De La Torre.
BOARD MEMBER DE LA TORRE: I also wanted to
praise enforcement and specifically on the truck
enforcement with DMV. That was a major, major shift in
what we do and how we do it. And working with another
agency, the enforcement numbers, the compliance numbers
were tremendous. We still have a few thousand out there
that we've got to get to and figure out, you know, what
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they're doing and whatnot. But I was very, very impressed
with the implementation of the truck enforcement and look
forward to just, you know, continuing to improve that,
if -- as we're talking about goods movement today, both
big issues were goods movement related. Here, we're doing
something fantastic to enforce the laws that we already
have on the books, so thank you.
CHAIR NICHOLS: Thank you.
All right. I believe that's, yes, a round of
applause virtually for the Enforcement team. And Nick,
congratulations to you and your colleagues.
Okay. This is now really the final item, which
is -- Ryan, if anyone raises their hand and wishes to
comment on a matter within the Board's jurisdiction that
wasn't part of any of our hearing items, they get two
minutes to say whatever they like.
BOARD CLERK SAKAZAKI: Yes. Thank you, Madam
Chair. We currently have two people, who have raised
their hand for open comment. We first have Chris Peeples.
Chris, I have activated your microphone.
MR. PEEPLES: Thank you. It's been a very long
day. Chair Nichols, members of the Board, my name is
Chris Peeples. I'm an elected at-large member of the
Alameda-Contra Costa Transit District. And I just want to
brag a little bit about our roadmap.
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We were not the first agency to submit the
roadmap to zero omissions. OmniTrans beat us by about 18
hours. But we are extremely proud of our roadmap. We've
provided you with a copy. I provided the Board Clerk with
a copy to hand out today. I know that eventually you will
get them filtered up through the staff. I would just like
to point out two things about our roadmap.
One is our 30 by 30 by 30 by 30 by 30 test, which
is just starting. We are getting 30 new hydrogen fuel
cell electric buses, 30 new battery electric buses, and
pairing those with our existing diesel electric hybrid
buses and with our straight diesel buses. We are going to
be providing real-world testing with same drivers, same
routes, different kind -- kinds of vehicles every day.
And they can be used to validate your models and NRELS
models.
The other thing that we're is we're setting up a
zero-emission university. We're being the Northern
California group of that. SunLine is doing it in Southern
California. So we will provide training. And our -- the
first out-of-state people are coming in as Illinois,
Champaign, who are buying some new fuel cell buses and
they're going to come to our university and learn how to
repair them.
So you -- this Board has funded much of that, so
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we want to thank you for it, and be proud of our -- of our
roadmap.
Thank you.
CHAIR NICHOLS: Thank you.
BOARD CLERK SAKAZAKI: Thank you.
CHAIR NICHOLS: Congratulations.
BOARD CLERK SAKAZAKI: Our last speaker is the K.
Dervin. I have activated your microphone. You can unmute
yourself and begin.
MS. JOHNSON: Hi. This is actually Janet Johnson
from Richmond. I signed in on Kathy's email. I hope you
forgive me. I want to thank you, first of all, for the
Advanced Clean Trucks Bill. I think it's a big step in
the right direction. I'm a member of the Richmond San
Pablo AB 617 air monitoring steering committee. And I am
now part of the design team creating the CERP for
Richmond, North Richmond, San Pablo. I am really, really
concerned about the way that the CERP process is being
handled.
Our air monitoring steering committee has far too
many industry advocates. And when I say industry, I mean
fossil fuel advocates, particularly Chevron. And the
environmental justice advocates on the CERP design team
are determined that the CERP steering committee process is
transparent and community driven.
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We have had four -- the last four meetings that
we've had are at a stale -- we've come to a stalemate,
because we want to vote on a conflict of interest form and
the air district won't let us. In fact, they stopped the
meeting early the last meeting, because we were demanding
a vote.
We want -- we understand that the Brown Act that
you've looked at it and decided to punt that to the
Department of Justice, but we -- we really need -- we need
better oversight from CARB. And we meet -- we need as
much support from you as possible, if this is to be a
truly community process. Because right now, it's totally
stage managed by the air district and they're like, you
know, equal time for industry.
Thank you.
CHAIR NICHOLS: Thank you.
BOARD CLERK SAKAZAKI: Thank you. Madam Chair,
that concludes the list of comments for open session.
CHAIR NICHOLS: Okay. We, at this point then,
will stand adjourned until tomorrow morning at 8:30.
Good night, everybody. Celebrate. It was a good
day. We got a lot of good work done.
Bye.
BOARD CLERK SAKAZAKI: Thank you, everybody.
I'll remind you to very quickly, if you want to just exit
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the webinar, go ahead and do that. Otherwise, mute and
disable your video.
Thank you.
BOARD MEMBER BALMES. Thanks, Ryan. You did a
great job today.
BOARD CLERK SAKAZAKI: Thank you.
(Thereupon the Air Resources Board meeting
adjourned at 7:19 p.m.)
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C E R T I F I C A T E O F R E P O R T E R
I, JAMES F. PETERS, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That I am a disinterested person herein; that the
foregoing California Air Resources Board meeting was
reported in shorthand by me, James F. Peters, a Certified
Shorthand Reporter of the State of California, and was
thereafter transcribed, under my direction, by
computer-assisted transcription;
I further certify that I am not of counsel or
attorney for any of the parties to said meeting nor in any
way interested in the outcome of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand
this 11th day of July, 2020.
JAMES F. PETERS, CSR
Certified Shorthand Reporter
License No. 10063
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