BILL NUMBER: AB 201 CHAPTERED
BILL TEXT
CHAPTER 187
FILED WITH SECRETARY OF STATE AUGUST 24, 2007
APPROVED BY GOVERNOR AUGUST 24, 2007
PASSED THE SENATE AUGUST 21, 2007
PASSED THE ASSEMBLY AUGUST 21, 2007
AMENDED IN SENATE AUGUST 21, 2007
INTRODUCED BY Committee on Budget (Laird (Chair), Arambula, Beall,
Berg, Brownley, Dymally, Feuer, Hayashi, Hernandez, Jones, Mullin,
Ruskin, Swanson, and Wolk)
JANUARY 25, 2007
An act to amend Section 39625.5 of the Health and Safety Code,
relating to transportation, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 201, Committee on Budget. Transportation bonds: implementation.
Existing law, the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006, approved by the voters as
Proposition 1B at the November 7, 2006, general election, authorizes
the issuance of general obligation bonds for various
transportation-related purposes, including reducing emissions and
improving air quality in trade corridors. SB 88 of the 2007-08
Regular Session, as proposed to be enacted, describes the types of
projects eligible for funding in that regard, among other things, to
include projects for the replacement, repower, or retrofit of diesel
locomotive engines, except to the extent the project is otherwise
required by law or regulation or pursuant to a memorandum of
understanding or other agreement between a railroad company and a
public agency, as specified.
This bill would amend the provisions to be added by SB 88 to allow
projects for the replacement, repower, or retrofit of diesel
locomotive engines to be eligible for funding in the case where a
railroad company has entered into a memorandum of understanding or
other agreement with a public agency, provided that the State Air
Resources Board determines that the emission reductions that would be
achieved by the locomotive engine are not necessary to satisfy any
mandated emission reduction requirements under any such agreement.
This bill would also declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39625.5 of the Health and Safety Code, as added
by Senate Bill 88 of the 2007-08 Regular Session, is amended to
read:
39625.5. (a) (1) Upon appropriation by the Legislature from the
funds made available by paragraph (2) of subdivision (c) of Section
8879.23 of the Government Code, the state board shall allocate funds
on a competitive basis for projects that are shown to achieve the
greatest emission reductions from each emission source identified in
subdivision (c) of Section 39625.1, not otherwise required by law or
regulation, from activities related to the movement of freight along
California's trade corridors, commencing at the state's airports,
seaports, and land ports of entry.
(2) Projects eligible for funding pursuant to paragraph (1) shall
include, but are not limited to, the following:
(A) The replacement, repower, or retrofit of heavy-duty diesel
trucks.
(B) The replacement, repower, or retrofit of diesel locomotive
engines, with priority given to switching locomotive engines,
provided that before any project is authorized for a locomotive
engine operated and controlled by a railroad company that has entered
into a memorandum of understanding or any other agreement with a
state or federal agency, a local air quality management district, or
a local air pollution control district, including, but not limited
to, the ARB/Railroad Statewide Agreement Particulate Emissions
Reductions Program at California Rail Yards, dated June 2005, the
state board shall determine that the emission reductions that would
be achieved by the locomotive engine are not necessary to satisfy any
mandated emission reduction requirement under any such agreement.
(C) The replacement, repower, or retrofit of harbor craft that
operates at the state's seaports.
(D) The provision of on-shore electrical power for ocean freight
carriers calling at the state's seaports to reduce the use of
auxiliary and main engine ship power.
(E) Mobile or portable shoreside distributed power generation
projects that eliminate the need to use the electricity grid.
(F) The replacement, repower, or retrofit of cargo handling
equipment that operates at the state's seaports and rail yards.
(G) Electrification infrastructure to reduce engine idling and use
of internal combustion auxiliary power systems at truck stops,
intermodal facilities, distribution centers, and other places where
trucks congregate.
(b) (1) The state board shall allocate funds in a manner that
gives priority to emission reduction projects that achieve the
earliest possible reduction of health risk in communities with the
highest health risks from goods movement facilities.
(2) In evaluating which projects to fund, the state board shall at
a minimum consider all of the following criteria:
(A) The magnitude of the emission reduction.
(B) The public health benefits of the emission reduction.
(C) The cost-effectiveness and sustainability of the emissions
reductions.
(D) The severity and magnitude of the emission source's
contributions to emissions.
(E) Regulatory and State Implementation Plan requirements, and the
degree of surplus emissions to be reduced.
(F) The reduction in greenhouse gases, consistent with and
supportive of emission reduction goals, consistent with existing law.
(G) The extent to which advanced emission reduction technologies
are to be used.
(H) The degree to which funds are leveraged from other sources.
(I) The degree to which the project reduces air pollutants or air
contaminants in furtherance of achieving state and federal ambient
air quality standards and reducing toxic air contaminants.
(J) The total emission reductions a project would achieve over its
lifetime per state dollar invested.
(K) Whether an emissions reduction is likely to occur in a
location where emissions sources in the area expose individuals and
population groups to elevated emissions that result in adverse health
effects and contribute to cumulative human exposures to pollution.
(c) The state board shall ensure that state bond funds are
supplemented and matched with funds from federal, local, and private
sources to the maximum extent feasible.
SEC. 2. Section 1 of this act shall become operative only if
Senate Bill 88 of the 2007-08 Regular Session is also enacted and
becomes operative.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to implement the transportation programs funded by
voter-approved bonds as efficiently and expeditiously as possible, it
is necessary that this act take effect immediately.