BILL NUMBER: AB 1660 CHAPTERED
BILL TEXT
CHAPTER 580
FILED WITH SECRETARY OF STATE OCTOBER 6, 2005
APPROVED BY GOVERNOR OCTOBER 6, 2005
PASSED THE ASSEMBLY SEPTEMBER 1, 2005
PASSED THE SENATE AUGUST 29, 2005
AMENDED IN SENATE JULY 11, 2005
AMENDED IN SENATE JUNE 23, 2005
AMENDED IN ASSEMBLY APRIL 19, 2005
INTRODUCED BY Assembly Member Pavley
(Principal coauthor: Assembly Member Ruskin)
(Coauthors: Assembly Members Hancock, Jones, Laird, Lieber,
Nation, and Saldana)
(Coauthors: Senators Alquist, Bowen, and Romero)
FEBRUARY 22, 2005
An act to add Article 1.5 (commencing with Section 43810) to
Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, and
to add Chapter 8.4 (commencing with Section 25725) to Division 15 of
the Public Resources Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, Pavley Vehicular air pollution: energy-efficient
vehicles.
Existing law provides for the High Polluter Repair or Removal
Program, a voluntary vehicle retirement program that requires the
Department of Consumer Affairs to establish and implement a program
for the repair or replacement of high polluters. Existing law
requires the program to provide for the payment to the owner of a
high polluter of up to 80% of the total costs of repair, not to
exceed $450, or the market value of a high polluter being removed.
This bill would create the California Energy-Efficient Vehicle
Group Purchase Program in the Department of General Services to
encourage the purchase of energy-efficient vehicles, as defined, by
local and state agencies through a group-purchasing program.
The bill would require the director of the department to establish
an advisory committee by April 1, 2006, and thereafter meet with the
advisory committee, notify all affected entities about the
purchasing program, and negotiate contracts, through competitive
means and other appropriate strategies, for the purchase of
energy-efficient vehicles at the lowest possible price from one or
more reliable vendors. This bill would require the department to
administer the program in accordance with regulations adopted by the
department, and would permit the department to recover its
administrative costs from program participants.
Existing law requires the department, in consultation with the
Energy Commission and the State Air Resources Board, to develop and
adopt specifications and standards for all passenger cars and
light-duty trucks that are purchased or leased on behalf of, or by,
state offices, agencies, and departments. The specifications and
standards must include a requirement that fuel economy be evaluated
and scored in order to enable the department to choose the vehicle
with the lowest life cycle cost when awarding a state vehicle
procurement contract. Authorized emergency vehicles, as defined, are
exempt from the requirements.
This bill would provide that, on and after January 1, 2006, when
awarding a vehicle procurement contract, every city, county, city and
county, and special district, including a school district and a
community college district, may evaluate and score fuel economy, in
addition to other life cycle factors, in choosing passenger cars or
light-duty trucks, or both, with the lowest life cycle cost.
This bill would provide that, on and after January 1, 2006, when
awarding a vehicle procurement contract, every city, county, city and
county, and special district, including a school district and a
community college district, may require that 75% of the passenger
cars or light-duty trucks, or both, to be acquired be
energy-efficient vehicles, as defined.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.5 (commencing with Section 43810) is added to
Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, to
read:
Article 1.5. Energy-Efficient Vehicle Group Purchase Program
43810. This article shall be known, and may be cited as, the
California Energy-Efficient Vehicle Group Purchase Program.
43811. It is the intent of the Legislature that the state
encourage the purchase of energy-efficient vehicles by local and
state agencies through a group-purchasing program that uses the
purchasing leverage of state and local agencies to lower the purchase
price of those vehicles.
43812. For the purposes of this article, the following
definitions apply:
(a) "Department" means the Department of General Services.
(b) "Director" means the Director of General Services.
(c) "Energy-efficient vehicle" means either of the following:
(1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
(2) A hybrid vehicle or an alternative fuel vehicle that meets
California's advanced technology partial zero-emission vehicle (AT
PZEV) standard for criteria pollutant emissions.
(d) "Local agency" means any governmental subdivision, district,
public and quasi-public corporation, joint powers agency, public
agency or public service corporation, authority, agency, board,
commission, town, city, county, city and county, fire district,
special district, school district, public utility, community college,
or municipal corporation, whether incorporated or not or whether
chartered or not, or any other public entity.
(e) "State agency" means any department, division, board, bureau,
commission, or other authority of the State of California the
University of California, or the California State University.
43813. (a) There is established in the Department of General
Services an energy-efficient vehicle group purchase program. The
department shall negotiate the lowest possible purchase price, with
one or more vendors, for energy-efficient vehicles on behalf of state
and local agencies that are interested in obtaining those vehicles.
(b) In administering the program, the Director of General Services
shall do all of the following:
(1) No later than April 1, 2006, establish an advisory committee,
in cooperation with local and state agencies as defined in Section
43812.
(A) The committee shall meet at least once no later than 30 days
after all members are appointed.
(B) The committee shall consult with the department regarding the
design of the program and other matters relating to the purchase of
energy-efficient vehicles, no later than July 30, 2006.
(2) Notify all affected agencies about the purchasing program
through the department's Internet Web site and publications, the
Internet Web sites of appropriate associations, governing boards of
local agency associations, and other cost-effective means.
(3) After consultation with the committee pursuant to subparagraph
(B) of paragraph (1) of subdivision (b), the director shall
negotiate contracts, through competitive means and other appropriate
strategies, for the purchase of energy-efficient vehicles at the
lowest possible price from one or more reliable vendors.
(4) Include a provision in the vendor contract allowing any state
or local agency to purchase energy-efficient vehicles directly from
the vendor at the contract price.
(c) The department may recover its actual administrative costs
from program participants.
(d) Nothing in this article shall be construed as superseding or
precluding any similar program that is administered by a district,
any other public agency, or any other person.
SEC. 2. Chapter 8.4 (commencing with Section 25725) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 8.4. LOCAL VEHICLE FLEET
25725. On and after January 1, 2006, when awarding a vehicle
procurement contract, every city, county, city and county, and
special district, including a school district and a community college
district, may evaluate and score fuel economy, in addition to other
life cycle factors, in choosing passenger cars or light-duty trucks,
or both, with the lowest life cycle cost.
25726. (a) On and after January 1, 2006, when awarding a vehicle
procurement contract, every city, county, city and county, and
special district, including a school district and a community college
district, may require that 75 percent of the passenger cars or
light-duty trucks, or both, to be acquired be energy-efficient
vehicles.
(b) "Energy-efficient vehicle" means either of the following:
(1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
(2) A hybrid vehicle or an alternative fuel vehicle that meets
California's advanced technology partial zero-emission vehicle (AT
PZEV) standard for criteria pollutant emissions.