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.