BILL NUMBER: AB 1390 CHAPTERED
BILL TEXT
CHAPTER 763
FILED WITH SECRETARY OF STATE OCTOBER 12, 2001
APPROVED BY GOVERNOR OCTOBER 11, 2001
PASSED THE ASSEMBLY SEPTEMBER 14, 2001
PASSED THE SENATE SEPTEMBER 13, 2001
AMENDED IN SENATE SEPTEMBER 10, 2001
AMENDED IN SENATE AUGUST 30, 2001
AMENDED IN SENATE JULY 5, 2001
AMENDED IN SENATE JUNE 26, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Member Firebaugh
FEBRUARY 23, 2001
An act to amend Section 44260 of, and to add and repeal Section
43023.5 of, the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1390, Firebaugh. Air pollution.
(1) Existing law grants primary authority for the control of air
pollution from vehicular sources to the State Air Resources Board.
Existing law also authorizes the state board to adopt and implement
motor vehicle emission standards and motor vehicle specifications.
Existing law also provides for the existence of various clean air
programs, including the Carl Moyer Air Quality Standards Attainment
Program.
This bill, notwithstanding a specified provision of the Budget Act
of 2001, would require any air quality management district or air
pollution control district with a population of one million residents
or greater, in consultation with the state board, to expend not less
than 50% of the moneys appropriated until January 1, 2007, for the
Carl Moyer program, programs to fund the purchase of reduced emission
schoolbuses, and diesel mitigation programs, in a manner that
directly reduces air contaminants or the public health risks
associated with air contaminants, in communities with the most
significant exposure to air contaminants or localized air
contaminants, or both, including communities of minority populations
or low-income populations, or both. The bill would make those
provisions inapplicable to those districts with fewer than one
million residents, but would, notwithstanding a specified provision
in the Budget Act of 2001, encourage those districts to apply similar
funding approaches to the extent each district determines feasible.
By imposing additional duties on districts, this bill would impose a
state-mandated local program.
(2) Existing law requires the state board, in conjunction with the
State Energy Resources Conservation and Development Commission, to
develop and administer a program to provide grants to individuals,
local governments, state agencies, nonprofit organizations, and
private businesses, to encourage the purchase or lease of a new
zero-emission vehicle.
This bill would expand those potential grant recipients to include
public agencies, and would permit the state board to reserve,
allocate, and reallocate funds to any of those grant recipients. The
bill would require the state board to periodically review grant
applications and the award of grants to ensure utilization of grant
funds, and would authorize the state board to reduce or eliminate
grants if that recipient received a grant for the purchase or lease
of a zero-emission vehicle in the Budget Act of 2001.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares both of the
following:
(1) Air pollution is a serious and persistent problem for the
health and welfare of the citizens of the state, and it poses a
threat to our natural environment.
(2) Certain areas of the state suffer from greater exposure to
poor air quality, particularly pollutants emitted by motor vehicles.
(b) It is the intent of the Legislature to do all of the
following:
(1) Focus existing state air quality programs more directly on
those geographic areas that suffer from the greatest exposure to poor
air quality.
(2) Structure future state air quality programs in a manner that
ensures the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income
populations of the state.
(3) Include, in any future appropriations intended to provide
incentives for the purchase of zero emission vehicles by a member of
the public or by a public agency, a concurrent appropriation for air
quality emission reduction programs that are designed to benefit
communities with significant air quality problems.
SEC. 2. Section 43023.5 is added to the Health and Safety Code, to
read:
43023.5. (a) Notwithstanding the requirements established by
Provision 3 of Item 3900-001-0044 of the Budget Act of 2001 (Chapter
106 of the Statutes of 2001) requiring all districts to distribute
one-half of the funds subject to that provision in a manner that
directly benefits low-income communities and communities of color
that are disproportionately impacted by air pollution, only districts
with a population of one million residents or greater, in
consultation with the state board, shall ensure that not less than 50
percent of the funds subject to that provision and any other funds
appropriated for purposes of the programs specified in paragraphs (1)
to (3), inclusive, are expended in a manner that directly reduces
air contaminants or reduces the public health risks associated with
air contaminants in those districts, including, but not limited to,
airborne toxics and particulate matter, in communities with the most
significant exposure to air contaminants or localized air
contaminants, or both, including, but not limited to, communities of
minority populations or low-income populations, or both:
(1) The Carl Moyer Air Quality Standards Attainment Program
(Chapter 9 (commencing with Section 44275) of Part 5 of Division 26
of the Health and Safety Code).
(2) Programs for the purchase of reduced-emissions schoolbuses.
(3) Diesel mitigation programs.
(b) Notwithstanding the requirements established by Provision 3 of
Item 3900-001-0044 of the Budget Act of 2001 (Chapter 106 of the
Statutes of 2001) requiring all districts to distribute one-half of
the funds subject to that provision in a manner that directly
benefits low-income communities and communities of color that are
disproportionately impacted by air pollution, a district with less
than one million residents is encouraged to expend funds available
to the district for the purposes specified in subdivision (a) in a
manner similar to that set forth in subdivision (a), to the extent
that district determines that this is feasible.
(c) This section shall remain in effect until January 1, 2007, and
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2007, deletes or extends that date.
SEC. 3. Section 44260 of the Health and Safety Code is amended to
read:
44260. The state board, in conjunction with the State Energy
Resources Conservation and Development Commission, shall develop and
administer a program to provide grants to individuals, local
governments, public agencies, nonprofit organizations, and private
businesses, to encourage the purchase or lease of a new zero-emission
vehicle. The state board may reserve, allocate, and reallocate
funds to any of those potential grant recipients. The state board
shall periodically review grant applications and the award of grants
to ensure, to the greatest extent possible, that all grant funds are
used. The state board may reduce or eliminate grants awarded
pursuant to this chapter if the state board determines that the
recipient received a grant for the purchase or lease of a
zero-emission vehicle in the Budget Act of 2001.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.