BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2011-2012 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 1459 HEARING DATE: June 12, 2012 AUTHOR: Huber URGENCY: No VERSION: January 9, 2012 CONSULTANT: Katharine Moore DUAL REFERRAL: No FISCAL: Yes SUBJECT: Scientific Advisory Committee on Acid Deposition. BACKGROUND AND EXISTING LAW The State Air Resources Board (board) is the state agency charged with coordinating efforts to attain and maintain ambient air quality standards, and to conduct research into the causes of and solutions to air pollution, among other responsibilities (Health and Safety Code (HSC) § 39003). Atmospheric deposition plays an important role in air and water quality, and, thus, public and environmental health and welfare. Atmospheric deposition can be dry (gas and particles) or wet (dew, cloud drops and precipitation). Modern focus on atmospheric acid deposition began to intensify in the 1960s and 1970s when, for example, large scale forest declines in the United States and Europe were associated with acid rain. In 1977, the National Atmospheric Deposition Program (NADP) began to monitor precipitation chemistry. Also, the National Acidic Precipitation Assessment Program (NAPAP) was established in 1980 to investigate the causes and effects of acid deposition in the US. Both the NADP and NAPAP continue to operate national long-term monitoring programs - including sites in California. The 1990 amendments to the federal Clean Air Act require reductions in sulfur and nitrogen oxide emissions - principal precursors to acid deposition - and atmospheric concentrations of both continue to decline in California despite population increases and economic growth. Reflecting the national concern, two five year programs were established in California in the 1980s to study acid deposition. The first was the Kapiloff Acid Deposition Program (KADP)(AB 2752, Kapiloff and coauthors, c. 1473, Statutes of 1982). The 1 KADP sunset in 1988 and was repealed and replaced by the Atmospheric Acidity Protection Program (AAPP) (AB 2930, Sher, c. 1518, Statutes of 1988). A Scientific Advisory Committee was established by statute to provide guidance to the KADP and was subsequently incorporated into the AAPP. According to the board, funding for the two programs totaled $25 million from 1983 - 1993, and numerous acid deposition-focused research projects - ranging from the role of atmospheric processes to impacts on human health, aquatic ecosystems, forests and agriculture were conducted. A Final Assessment report, overseen by the Scientific Advisory Committee, was completed in October 2000 and summarized the results. The assessment found that acid deposition in California was dominated by oxidized nitrogen species, and many impacts specific to acid deposition were relatively minor or moderate. The report concluded that the state's existing control measures for ozone and particulate matter were sufficient to address acid deposition in the state and recommended against establishing separate atmospheric acidity or acid deposition air quality standards. No research under the auspices of the AAPP has been reported since 2002. PROPOSED LAW This bill would eliminate the Scientific Advisory Committee on Acid Deposition. ARGUMENTS IN SUPPORT According to the author, "California is a complex and dynamic state that needs support of a responsive government. It is imperative that entities no longer of use to the people are removed from statute to ensure that government is streamlined, efficient, and effective." ARGUMENTS IN OPPOSITION None received COMMENTS The Atmospheric Acidity Protection Program is no longer active. As noted above, the Final Assessment was issued in October 2000 and fee collection for the AAPP ceased by 1994. The statute establishing the AAPP (HSC §§ 39900 - 39905) is narrowly tailored to the program. The first sections provide numerous legislative findings reflecting mid-1980s era scientific concerns and the last three provide the program's scope of work. The research completed in 1993 largely addressed the concerns raised by the findings. Since then, the board's research focus 2 has shifted to other pressing scientific issues, such as climate change. Should acid deposition again become a specific concern, further research could be conducted under the board's existing authority and active research programs. Therefore, following the author's rationale, the committee may wish to delete both the AAPP and its Scientific Advisory Committee from statute (Amendment 1). SUGGESTED AMENDMENTS AMENDMENT 1 Delete HSC §§ 39900 - 39905, inclusive SUPPORT None Received OPPOSITION None Received 3