BILL NUMBER: AB 236	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN SENATE  AUGUST 20, 2007
	AMENDED IN SENATE  JULY 17, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 26, 2007
	AMENDED IN ASSEMBLY  MARCH 6, 2007

INTRODUCED BY   Assembly Members Lieu, DeSaulnier, and Huffman
   (Principal coauthor: Senator Florez)
   (Coauthors: Assembly Members Krekorian, Mendoza, Portantino, and
Ruskin)
   (Coauthor: Senator Wiggins)

                        JANUARY 31, 2007

   An act to amend Sections 25722.5, 25725, and 25726 of, and to add
Sections 25722.6 and 25722.8 to, the Public Resources Code, relating
to public resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 236, Lieu. Public resources: state and local motor vehicle
fleets.
   (1) Existing law requires the Department of General Services, in
consultation with the State Energy Resources Conservation and
Development Commission (Energy Commission) and the State Air
Resources Board (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. These specifications and standards are required to
include specified elements. The Director of General Services is
required to compile and maintain specified information on the nature
of vehicles that are owned or leased by the state.
   This bill would require the Department of General Services, in
conjunction with the board and the Energy Commission, by December 31,
2008, to amend and revise existing purchasing methodology to rank
environmental and energy benefits, and costs of motor vehicles for
potential procurement by state and local governments and to develop
vehicle ranking containing specified criteria. By July 1, 2009,
available vehicles in individual classes would be ranked based on the
purchasing methodology revised by the Energy Commission. The
Department of General Services would be required to procure, for use
in the state fleet, vehicles that meet federal requirements and have
been ranked best in their class as determined by the revised
purchasing methodology, except as specified. The Department of
General Services would be required to take specified actions
regarding vehicle procurement and alternative fuel and related
infrastructure. By July 1, 2009, a vehicle capable of using
alternative fuels would be required to be operated on those fuels
unless alternative fuels are not readily available or other factors
exist that may prevent the use of those fuels.
    The Director of General Services would be required to compile and
maintain the number of alternative fuel vehicles in the vehicle
fleet that use the respective alternative fuel in those vehicles and
the number that use petroleum and to report to the Legislature and
the Governor, beginning on July 1, 2009, and every 3 years
thereafter, the information on the nature of vehicles that are owned
or leased by the state. On December 31, 2009, and annually
thereafter, the Director of General Services would, additionally, be
required to report to the Legislature and the Governor on the total
annual vehicle miles traveled by state vehicles.
    The Secretary of State and Consumer Services, in consultation
with the Department of General Services and other appropriate
agencies, would be required, on or before July 1, 2009, to develop
and implement, and submit to the Legislature and the Governor, a plan
to reduce or displace the state fleet's consumption of petroleum
products. Beginning on April 1, 2010, and annually thereafter, the
Department of General Services would be required to provide the
Department of Finance and the appropriate committees of the
Legislature with a progress report on meeting the goals in that plan.

   (2) Existing law authorizes a city, county, city and county, and
special district, including a school district and a community college
district, when awarding a vehicle procurement contract, to 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; and to require that 75% of the passenger cars
or light-duty trucks, or both, to be acquired be energy-efficient
vehicles.
   This bill would make technical, nonsubstantive changes to those
provisions.


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

  SECTION 1.  Section 25722.5 of the Public Resources Code is amended
to read:
   25722.5.  (a) In order to achieve the policy objectives set forth
in Sections 25000.5 and 25722, the Department of General Services, in
consultation with the commission and the State Air Resources Board,
shall 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. An
authorized emergency vehicle, as defined in Section 165 of the
Vehicle Code, that is equipped with emergency lamps or lights
described in Section 25252 of the Vehicle Code is exempt from the
requirements of this section. The specifications and standards shall
include the following:
   (1) Minimum air pollution emission specifications that meet or
exceed California's Ultra-Low Emission Vehicle II (ULEV II) standards
for exhaust emissions (13 Cal. Code Regs. 1961). These
specifications shall apply on January 1, 2006, for passenger cars and
on January 1, 2010, for light-duty trucks.
   (2) Notwithstanding any other provision of law, the utilization of
procurement policies that enable the Department of General Services
to do all of the following:
   (A) Evaluate and score emissions, fuel costs, and fuel economy in
addition to capital cost to enable the Department of General Services
to choose the vehicle with the lowest life-cycle cost when awarding
a state vehicle procurement contract.
   (B) Maximize the purchase or lease of hybrid or "Best in Class"
vehicles that are substantially more fuel efficient than the class
average.
   (C) Maximize the purchase or lease of available vehicles that meet
or exceed California's Super Ultra-Low Emission Vehicle (SULEV)
passenger car standards for exhaust emissions.
   (D) Maximize the purchase or lease of alternative fuel vehicles.
   (3) In order to discourage the unnecessary purchase or leasing of
a sport utility vehicle and a four-wheel drive truck, a requirement
that each state office, agency, or department seeking to purchase or
lease that vehicle, demonstrate to the satisfaction of the Director
of General Services or to the entity that purchases or leases
vehicles for that office, agency, or department, that the vehicle is
required to perform an essential function of the office, agency, or
department. If it is so demonstrated, priority consideration shall be
given to the purchase or lease of an alternative fuel or hybrid
sports utility vehicle or four-wheel drive vehicle.
   (b) The specifications and standards developed and adopted
pursuant to subdivision (a) do not apply upon the development and
implementation of the method, criteria, and procedure described in
Section 25722.6.
   (c) Each state office, agency, and department shall review its
vehicle fleet and, upon finding that it is fiscally prudent, cost
effective, or otherwise in the public interest to do so, shall
dispose of nonessential sport utility vehicles and four-wheel drive
trucks in its fleet and replace these vehicles with more
fuel-efficient passenger cars and trucks.
   (d) To the maximum extent practicable, each state office, agency,
and department that has bifuel natural gas, bifuel propane, and flex
fuel vehicles in its vehicle fleet shall use the respective
alternative fuel in those vehicles.
   (e) The Director of General Services shall compile annually and
maintain information on the nature of vehicles that are owned or
leased by the state, including, but not limited to, all of the
following:
   (1) The number of passenger-type motor vehicles purchased or
leased during the year, and the number owned or leased as of December
31 of each year.
   (2) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year.
   (3) The number of alternatively fueled vehicles and hybrid
vehicles purchased or leased by the state during the year, and the
total number owned or leased as of December 31 of each year and their
location.
   (4) The locations of the alternative fuel pumps available for
those vehicles.
   (5) The justification provided for all sport utility vehicles and
four-wheel drive trucks purchased or leased by the state and the
specific office, department, or agency responsible for the purchase
or lease.
   (6) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year that are
alternative fuel or hybrid vehicles.
   (7) The number of light-duty trucks disposed of under subdivision
(c).
   (8) The total dollars spent by the state on passenger-type vehicle
purchases and leases, categorized by sport utility vehicle and
nonsport utility vehicle, and within each of those categories, by
alternative fuel, hybrid and other.
   (9) The total annual consumption of gasoline and diesel fuel used
by the state fleet.
   (10) The total annual consumption of alternative fuels.
   (11) On December 31, 2009, and annually thereafter, the Director
of General Services shall also compile the total annual vehicle miles
traveled by vehicles in the state fleet.
   (f) Each state office, agency, and department shall cooperate with
the Department of General Services' data requests in order that the
department may compile and maintain the information required in
subdivision (e).
   (g) As soon as practicable, but no later than 12 months after
receiving the data, the information compiled and maintained under
subdivision (e) and a list of those state offices, agencies, and
departments that are not in compliance with subdivision (f) shall be
made available to the public on the Department of General Services'
Internet Web site.
   (h) Beginning July 1, 2009, and every three years thereafter, the
Director of General Services shall report to the Legislature and the
Governor the information compiled and maintained pursuant to
subdivision (e).
   (i) Pursuant to Article IX of the California Constitution, this
section shall not apply to the University of California except to the
extent that the Regents of the University of California, by
appropriate resolution, make this section applicable.
  SEC. 2.  Section 25722.6 is added to the Public Resources Code, to
read:
   25722.6.  (a) On or before December 31, 2008, the Department of
General Services, in conjunction with the State Air Resources Board
and the commission, shall amend the existing "Enhanced Efficiency
Costing Methodology for Passenger Cars and Light-Duty Vehicles" to
rank the environmental and energy benefits, and costs of motor
vehicles for potential procurement by state and local governments.
The vehicle rankings shall include both of the following criteria:
   (1) The reduction in greenhouse gas emissions, air pollutant
emissions, and petroleum use on a full fuel-cycle basis, to the
extent possible, based on existing data available to the State Air
Resources Board, the commission, or other reliable sources, including
the California Strategy to Reduce Petroleum Dependence developed
pursuant to subdivision (f) of Section 25720 and the state plan to
increase the use of alternative transportation fuels developed
pursuant to Section 43866 of the Health and Safety Code.
   (2) The life-cycle costs of the vehicle and fuel, including
maintenance.
   (b) On or before December 31, 2008, the Department of General
Services shall revise its procedures for the procurement of state and
local government vehicles based upon the necessary performance
specifications of the vehicles to perform the required work or tasks
of the vehicles in the fleet. The Department of General Services
shall establish vehicle "classes" depending upon the required work or
tasks and the necessary performance specifications.
   (c) On or before July 1, 2009, for the purpose of state fleet
procurement, both of the following shall apply:
   (1) Available vehicles in individual classes shall be ranked for
purchase or lease using the method and criteria developed in
subdivision (a).
   (2) (A) Vehicles shall be procured for use in the state fleet that
meet all requirements established by the federal government,
including, but not limited to, the federal Energy Policy Act of 1992,
Public Law 102-486, if applicable, and that have been ranked best in
their class as determined by the evaluation in subdivision (a).
   (B) If fueling infrastructure, for the fuel used to rank a vehicle
best in class, is not available, or planned to be available within
two years, the Department of General Services shall procure the
vehicle ranked next best in class for which fueling infrastructure is
or will be available.
   (d) The Department of General Services shall evaluate vehicles for
potential addition to the state and local fleets, as described in
this section, on an annual basis, reflecting annual new vehicle
availability.
   (e) A vehicle capable of using alternative fuels shall be operated
on those fuels to the maximum extent practicable unless alternative
fuels are not readily available or other factors exist that may
prevent the use of those fuels in the area in which the vehicle is
used.
   (f) The Department of General Services shall do both of the
following:
   (1) During the normal course of coordination and contracting with
nearby fueling stations, provide information related to the
alternative fuel vehicles in the state fleet and request the stations
to provide a fuel supply to meet that demand.
   (2) When replacing, retrofitting, or installing a fueling tank or
infrastructure at a facility that fuels state vehicles, the
Department of General Services shall consider requesting competitive
bids for alternative fuel infrastructure that would meet the needs of
vehicles used, or planned to be used, in that facility.
   (g) Authorized emergency vehicles as defined in Section 165 of the
Vehicle Code, that are equipped with emergency lamps or lights
described in Section 25252 of the Vehicle Code, are exempt from the
requirements of this section.
   (h) Each state office, agency, or department seeking to purchase
or lease a sport utility vehicle or four-wheel drive vehicle shall
demonstrate to the satisfaction of the Director of General Services
or the entity that purchases or leases vehicles that the vehicle is
required to perform an essential function of the office, agency, or
department. If it is so demonstrated, priority consideration shall be
given to the purchase or lease of an alternative fuel or hybrid
sports utility vehicle or four-wheel drive vehicle.
   (i) Pursuant to Article IX of the California Constitution, this
section shall not apply to the University of California except to the
extent that the Regents of the University of California, by
appropriate resolution, make this section applicable.
  SEC. 3.  Section 25722.8 is added to the Public Resources Code, to
read:
   25722.8.  (a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
   (1) By January 1, 2012, a 10-percent reduction or displacement.
   (2) By January 1, 2020, a 20-percent reduction or displacement.
   (b)  Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall provide to the Department of
Finance and the appropriate legislative committees of the Legislature
a progress report on meeting the goals specified in subdivision (a).
The Department of General Services shall also make the progress
report available on its Internet Web site.
  SEC. 4.  Section 25725 of the Public Resources Code is amended to
read:
   25725.  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 costs.
  SEC. 5.  Section 25726 of the Public Resources Code is amended to
read:
   25726.  (a) 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.