BILL NUMBER: AB 1394	CHAPTERED
	BILL TEXT

	CHAPTER  627
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE ASSEMBLY  AUGUST 28, 2004
	PASSED THE SENATE  AUGUST 25, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JUNE 14, 2004
	AMENDED IN SENATE  JUNE 30, 2003
	AMENDED IN ASSEMBLY  MAY 6, 2003

INTRODUCED BY   Assembly Members Levine and Montanez

                        FEBRUARY 21, 2003

   An act to add Article 13 (commencing with Section 44297) to
Chapter 9 of Part 5 of Division 26 of, the Health and Safety Code,
relating to air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1394, Levine.  Air pollution:  Carl Moyer Memorial Air Quality
Standards Attainment Program:  particulate matter.
   Existing law establishes the Carl Moyer Memorial Air Quality
Standards Attainment Program, administered by the State Air Resources
Board.  Under the program, the state board is authorized to make
grants for the purchase of low-emission, heavy-duty engines for
vehicles, equipment, vessels, and locomotives in order to reduce
emissions of oxides of nitrogen (NOx), and authorizes the
administration of the program to be delegated to air pollution
control districts and air quality management districts.
   This bill would expand the Carl Moyer program to include
heavy-duty fleet modernization projects that reduce emissions of NOx
or particulate matter.  The bill would make any project that replaces
an old engine or vehicle with a new engine or vehicle that meets
more stringent emission standards, or that provides the equivalent
emission reductions of that replacement combined with the purchase of
a specified new very low or zero-emission vehicle, a heavy-duty
fleet modernization project eligible for funding under the program.
The bill would also require the state board, at its first opportunity
following January 1, 2005, to revise the existing grant criteria and
guidelines to incorporate heavy-duty fleet modernization projects
that reduce emissions of NOx or particulate matter, and would
authorize those guidelines to define eligible costs to include
monitoring and verifying compliance with the requirements of the
bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Emissions of particulate matter, including, but not limited
to, coarse particulate matter (PM10) and fine particulate matter
(PM2.5), lodge deep into the lungs and contribute to a wide range of
adverse health impacts, including, but not limited to, increased
infant morbidity and mortality, reduced lung function, increased
respiratory symptoms in asthmatics and nonasthmatics, and increased
emergency room visits.
   (b) Ninety-nine percent of the state's population live in areas
that fail to meet the state's ambient air quality standard for PM10.

   (c) Particulate matter emissions can have community-level impacts,
with the potential for adverse health effects greatest in those
communities with the heaviest concentration of PM emission sources.
   (d) Diesel particulate matter has been identified by the State Air
Resources Board as both a carcinogen and a toxic air contaminant.
According to the state board, particulate matter from diesel-fueled
engines contributes more than 70 percent of the known risk from toxic
air contaminants in the state today.
   (e) Diesel engines are durable, and it is not uncommon for a
heavy-duty diesel vehicle to stay on the road for 30 years.  These
oldest diesel engines contribute disproportionately to the state's
oxides of nitrogen (NOx) and PM emission inventories.  A diesel truck
produced between the years of 1975 and 1983 emits 10 times as much
NOx, and six times as much PM, as a diesel truck that meets current
standards.
   (f) Owners of the oldest heavy-duty diesel vehicles tend to be
relatively low-income independent owner-operators who provide
short-haul services, usually within a single air district and
concentrated in specified industrial sectors, including, but not
limited to, port operations.
   (g) The Carl Moyer Memorial Air Quality Standards Attainment
Program (Ch. 9 (commencing with Sec. 44275) Pt. 5, Div. 26, H. &
S.C.) has successfully encouraged the adoption of cleaner diesel and
alternative fueled heavy-duty engines.  However, the program is not
currently designed to remove oldest, heaviest polluting vehicles or
to replace them with newer, lower emission vehicles, in large part
because the owners of the oldest trucks cannot afford to buy a
vehicle that qualifies for incentives under the program.
   (h) It is in the public interest to pursue all cost-effective
efforts consistent with the Carl Moyer program, to retire from
service the oldest, heaviest polluting heavy-duty diesel trucks and
replace them with newer, lower emission vehicles.
  SEC. 2.  Article 13 (commencing with Section 44297) is added to
Chapter 9 of Part 5 of Division 26 of the Health and Safety Code, to
read:

      Article 13.  Heavy-Duty Fleet Modernization Projects

   44297.  (a) The state board, acting within its existing authority,
shall, at its first opportunity following January 1, 2005, revise
the grant criteria and guidelines adopted pursuant to Section 44287
to incorporate projects described in subdivision (c).
   (b) The guidelines may define eligible costs to include monitoring
and verifying compliance with this article.
   (c) Notwithstanding any other provision of this chapter, a project
that meets either of the following criteria constitutes a heavy-duty
fleet modernization project and thus is eligible for funding under
the program, if it complies with the guidelines established by the
state board pursuant to subdivision (a):
   (1) Replaces an old engine or vehicle with a newer engine or
vehicle certified to more stringent emissions standards than the
engine or vehicle being replaced, pursuant to paragraph (2) of
subdivision (a) of Section 44281.
   (2) Provides the equivalent emission reductions as would be gained
by a project that combines both of the following:
   (A) The purchase of a new very low or zero-emission covered
vehicle pursuant to paragraph (1) of subdivision (a) of Section
44281.
   (B) The replacement of an old engine or vehicle with a newer
engine or vehicle certified to more stringent standards than the
engine or vehicle being replaced, pursuant to paragraph (2) of
subdivision (a) of Section 44281.
   (c) In establishing guidelines pursuant to subdivision (a), the
state board shall consider any existing heavy-duty fleet
modernization program carried out by a district.  The state board
shall design a program that, to the extent feasible, includes fleet
owners, independent truck owners, heavy-duty vehicle dealers,
districts, and other participants it determines appropriate from
existing local programs.
   (d) The grants provided pursuant to this article shall provide
moneys to offset the incremental cost of projects that reduce
emissions of oxides of nitrogen (NOx) and particulate matter (PM).
   (e) The state board shall determine an appropriate weighted
cost-effectiveness standard for projects intended to reduce
particulate matter.