Dear City Council Members and Sustainability Manager,
Regarding item N1 from last night’s City Council meeting Nov 16th, 2021. I took the liberty of emailing Marc Berman’s Legislative aide, Elizabeth Schmitt, asking why AB 1346 was a ban only on the sale of gas powered garden tools rather a ban on both the sale and the use. I understood Mayor Combs to basically ask Ms. Lucky if she had any input on this during the council meeting.
For your information below is my email to Ms. Schmitt (Assembly Member Marc Berman's aide), and her reply.
Regards
Lisa Williams
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Email exchange between Lisa Wiliams (MP resident) and Elizabeth Schmitt (Legislative Aide| Assemblymember Marc Berman, who sponsored AB 1346)
Question from Lisa Williams
To:Schmitt, Elizabeth
Cc:Leah Elkins
Wed, Nov 17 at 1:21 PM
Hi Elizabeth,
I hope things are going well for you.
During last night’s Nov 16th Menlo Park City Council meeting, the council addressed the Environmental Quality Commission’s recommendation, for the council to direct staff to prepare a report on a gas leaf blower ban for Menlo Park.
The City Mayor asked the Sustainably Manager if she knew why the State’s bill AB1346 only prohibited the sale of gas garden tools after the proposed date of January 2024, rather than prohibiting their sale and their use, as this means that gas leaf blowers may still to be purchased out of state by California gardeners and, that their existing gas blowers will continue to be used for many years beyond 2024.
The Sustainability Manager could only reply to the mayor with her speculation. Are you able to share the state’s reasoning with us?
Thank you.
Sincerely,
Lisa Williams
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Reply from Schmitt, Elizabeth
To:Lisa Williams
Cc:Leah Elkins
Wed, Nov 17 at 2:29 PM
Hi Lisa,
Thanks for reaching out, I hope things are going well for you too.
There are a few reasons why AB 1346 is a ban on the new sales and not a ban on use. I’ll try to sum them up here:
1. Existing regulatory structure. As you may be aware, California has regulated emissions from small off-road engines since the 1990s. The way the regulation is structured is that manufacturers have to certify that their equipment meets emissions standards. AB 1346 just brings the emission standard to zero but it doesn’t fundamentally alter the regulatory structure.
2. Enforcement. For better or for worse, the state government does not have capacity to enforce regulations on equipment that’s already in use. Local jurisdictions are much better positioned enforcement-wise.
3. Equity Concerns. As harmful for health and the environment as gas-powered tools are, it would be an economic hardship to force mostly small and low-income businesses to immediately switch out their existing equipment. For example, if a gardener just purchased new gas equipment, an immediate ban on use would mean they have no chance to recoup their investment and then would have to spend money that they may not have on electric equipment. By starting with new sales we can ensure a more equitable transition.
4. Political Reality. To be candid, we barely got this bill through as is. We had the bare minimum number of votes on the Senate floor. Targeting new sales is as aggressive as we were able to go while getting the votes we needed.
That being said, the $30 million the Legislature budgeted for incentives to small businesses should help ease the transition burden.
Happy to answer any other questions or hop on a call if you want more background!
Best,
Elizabeth Schmitt (she/her/hers)
Legislative Aide| Assemblymember Marc Berman
California State Assembly | District 24
916.319.2024
