BILL ANALYSIS                                                                                                                                                                                                    

                                                               SB 1328

                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
           BILL NO:    SB 1328
           AUTHOR:     Lowenthal
           AMENDED:    April 12, 2010
           FISCAL:     Yes               HEARING DATE:     April 19, 2010
           URGENCY:    No                CONSULTANT:       Caroll  
                       CABIN TEMPERATURE

            SUMMARY  :    
            Existing law  , under the California Global Warming Solutions  
           Act of 2006 (CGWSA):

           1) Requires the California Air Resources Board (ARB) to  
              determine the 1990 statewide greenhouse gas (GHG) emissions  
              level and approve a statewide GHG emissions limit that is  
              equivalent to that level, to be achieved by 2020.  ARB must  
              adopt regulations for reporting and verification of GHG  
              emissions, monitoring and compliance with the program, and  
              achieving GHG emission reductions from sources or  
              categories of sources by January 1, 2011, to be operative  
              on January 1, 2012, subject to certain requirements.   
              (Health and Safety Code 38500 et seq.).

           2) Requires ARB to prepare and approve a scoping plan for  
              achieving the maximum technologically feasible and  
              cost-effective reductions in GHG emissions from sources or  
              categories of sources of GHGs by 2020.  ARB must evaluate  
              the total potential costs and total potential economic and  
              noneconomic benefits of the plan for reducing GHGs to the  
              state's economy, and public health, using the best economic  
              models, emission estimation techniques, and other  
              scientific methods.  The plan must be updated at least once  
              every five years.  (38561).

           3) Authorizes the ARB to adopt GHG emission limits or emission  
              reduction measures prior to January 1, 2011, imposing those  


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              limits or measures prior to January 1, 2012, or providing  
              early reduction credit where appropriate.  (38563).

            This bill  :  

           1) Requires the ARB, in developing regulations to reduce cabin  
              temperatures in vehicles in order to reduce GHG emissions,  
              to consider the following:

              a)    Potential reductions in air conditioning use that can  
                 be achieved while a motor vehicle is moving, in addition  
                 to reductions in air conditioning use when a motor  
                 vehicle is parked.

              b)    Potential conflicts between, and relative benefits  
                 of, motor vehicle cabin temperature reduction  
                 requirements and technologies that provide motor vehicle  
                 greenhouse gas emission reductions through various  

              c)    The manufacturing flexibility necessary to achieve  
                 overall maximum greenhouse gas emission reductions from  
                 motor vehicles.

            COMMENTS :

            1)Purpose of Bill  .  According to the author, SB 1328 will  
             provide policy guidance to ARB when it resumes its work on a  
             vehicle cabin temperature standard, to broaden the factors  
             it considers in how air conditioning based vehicle emissions  
             are achieved and to consider how it can avoid potential  
             conflicts between various beneficial new technologies that  
             will reduce vehicular greenhouse gas emissions.  It ensures  
             that the ARB has all of the necessary tools to provide  
             flexibility to the auto and related industries with certain  
             regulations in order to achieve the greatest greenhouse gas  
             reductions possible associated with light and medium duty  

            2)Background  . 

              a)   Cool Cars.  The concept behind 'cool cars' is to keep  
                cars and light trucks cooler so less fuel is needed to  


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                keep the cabin temperatures comfortable, thus reducing  
                fuel consumption and GHG and other pollutants.  In May of  
                2008 the ARB embarked on a rulemaking process for cool  
                cars as part of the overall GHG reduction strategies.  On  
                June 25, 2009, ARB adopted the cool car regulation that  
                required new vehicles starting with the 2012 model year  
                to be equipped with solar control windows.  These windows  
                limit the amount of solar radiation entering the vehicle,  
                allowing the air conditioning units to be downsized or  
                used less frequently.  Less air conditioning use or  
                smaller air conditioning units translates into less fuel  
                burned and lower greenhouse gas emissions emitted by the  
                vehicle.  ARB staff estimated that the requirements when  
                fully implemented would have prevented over 1 million  
                metric tons of CO2 from being emitted into the air.  The  
                solar controlled windows used a 'glazing' technology that  
                blocked solar energy and reduced heat build up in the  

                On March 25, 2010 the ARB withdrew the regulation  
                approved on June 25, 2009, from the rulemaking process.   
                They issued a formal statement from the Executive  
                Director and the following on its listserve to interested  

                "On March 25, 2010 ARB announced that all rulemaking on  
                the Cool
                Cars regulation has ceased.  It was determined that  
                time remained on the rulemaking calendar to achieve  
                consensus on
                the rule, particularly with regard to perceived problems  
                metallic glazing and the operation of cell phones and GPS  
                bracelets.  Because consensus could not be reached within  
                timeframe required, the 15-day Notice for Cool Cars will  
                not be
                issued.  The result is that the Cool Cars regulation,  
                approved by the Board in June 2009, will not become law. 


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                In its place staff will work to incorporate a  
                approach to cooling vehicle interiors into the next  
                iteration of
                the light-duty motor vehicle greenhouse gas regulations  
                for 2017
                and later model years.  This next phase of the motor  
                greenhouse gas emission regulations will be linked with  
                formerly separate standards setting specific toxic and  
                tailpipe emissions limits (Low Emission Vehicle or LEV  
                into a single regulatory framework for advanced clean  
                cars.  The regulation for the advanced clean cars (also  
                known as
                LEVIII) is expected [to] be presented to the Board during  
                a hearing
                later this year, with the new greenhouse gas portion  
                with the 2017 model year.  At this time, it is unclear  
                what form
                the performance-based approach to cooling vehicle  
                interiors will
                take in the new rules.  As a result, all activity by the  
                Cars performance option workgroups will cease.  Instead,  
                public may participate in the development of the  
                metric for cooling vehicle interiors as part of the  
                development for advanced clean cars." 

            3)Next Steps  .  As indicated by ARB above, while the 'cool car'  
             regulations are not moving forward, they plan on taking a  
             different tact to address the issue of keeping cars 'cool'.   
             The guidance in SB 1328 is consistent with the future  
             direction ARB is projecting and provides guidance to ensure  
             that ARB is considering the factors to ensure GHG reductions  
             in an efficient and effective manner.


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           SOURCE  :        Exatec, LLC  

           SUPPORT  :       None on file  

           OPPOSITION :    None on file