BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1527 (Lieu)
          
          Hearing Date:  08/27/2009           Amended: 07/23/2009
          Consultant: Mark McKenzie       Policy Vote: T&H 10-0; EQ 7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  AB 1527 would require the State Air Resources  
          Board (ARB) to revise project guidelines for specified emission  
          reduction programs by January 1, 2011 to allow certain federal  
          and state funds to be used on a project without being factored  
          into criteria emission reduction cost-effectiveness  
          calculations.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           
          ARB regulations        $170       $170                  Special/
          ____________                                              Bond*
          * Split between the GMERP bond funds from the California Ports  
          Infrastructure, Security, and Air Quality Improvement Account  
          (Proposition 1B), and Carl Moyer Program funds.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.
          
          This bill would require ARB to revise program regulations to  
          provide for the use of federal funding from greenhouse gas (GHG)  
          emission reduction programs and state funds from the Alternative  
          and Renewable Fuel and Vehicle Technology Program (AB 118 funds)  
          on projects funded by the Carl Moyer Memorial Air Quality  
          Standards Attainment Program (Carl Moyer Program) and the Goods  
          Movement Emission Reduction Program (GMERP).  Federal funds and  
          specified AB 118 funds could only be used in conjunction with  
          Carl Moyer and/or GMERP bond funds if the additional  
          expenditures would provide an incremental increase in the air  
          quality or GHG emission reduction benefits of the project.

          The Carl Moyer Program provides incentive grants for engines,  
          equipment, and other sources of pollution that exceed the  
          standards established by law or regulation, thereby providing  










          early or extra emission reductions.  ARB approves projects on  
          the basis of their cost-effectiveness, and existing law  
          prohibits grants for projects with a cost-effectiveness that  
          exceeds $13,600 per ton of NOx (oxides of nitrogen) reduced.  

          Proposition 1B and subsequent implementing statutes provide $1  
          billion in general obligation bond funds for the GMERP program,  
          which is administered by ARB.  GMERP provides incentive grants  
          for projects that reduce goods movement-related emissions, as  
          specified.  Funds are awarded to qualified projects on a  
          competitive basis and ranked according to a combination of two  
          factors:  the total amount of emissions reduced by the project  
          and the project's cost-effectiveness (total pollutant-weighted  
          emission reduction per state dollar invested).

          Page 2
          AB 1527 (Lieu)

          AB 118 (Nunez), Chapter 750 of 2007, provides approximately $200  
          million annually through 2015 for three new programs to fund air  
          quality improvement projects and develop and deploy technology  
          and alternative and renewable fuels.  One of these programs is  
          the Alternative and Renewable Fuel and Vehicle Technology  
          Program, which is administered by the State Energy Resources  
          Conservation and Development Commission (CEC) and provides  
          competitive grants and other financial incentives to help the  
          state achieve its climate change goal, primarily by reducing GHG  
          emissions.

          AB 1527 allows certain federal funds and specified AB 118 funds  
          to be used for projects funded under the Carl Moyer Program or  
          the GMERP Law without being factored into criteria emission  
          reduction cost-effectiveness calculations.  While this may  
          reduce funding under each of those programs, the intent is to  
          ensure that this new provision cannot apply unless the air  
          quality and GHG emission benefit is greater than would otherwise  
          be achieved by the programs.  To the extent that funds are  
          combined for use on individual projects, fewer overall projects  
          would receive funding under these programs, thereby creating  
          moderate cost pressures.  However, since the bill requires that  
          the use of federal and AB 118 funds on Carl Moyer and GMERP  
          projects must achieve an incremental air qualify benefit, the  
          overall impact on cost-effectiveness (benefit per dollar spent)  
          should be minimized.

          AB 1527 requires ARB to update guidelines for Carl Moyer and  










          GMERP by January 1, 2011 to allow for the use of other specified  
          public funds without those funds being factored into  
          cost-effectiveness calculations.  ARB would incur staffing costs  
          of approximately $170,000 in both 2009-10 and 2010-11 to revise  
          current regulations, including drafting of proposed revisions,  
          public hearings, and all other duties required under the  
          Administrative Procedures Act.  These costs would be attributed  
          to both Carl Moyer Program funds and GMERP bond funds.