BILL ANALYSIS SB 1328 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY 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 Mortensen SUBJECT : GREENHOUSE GAS EMISSIONS: MOTOR VEHICLE 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 SB 1328 Page 2 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 means. 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 vehicles. 2)Background . a) Cool Cars. The concept behind 'cool cars' is to keep cars and light trucks cooler so less fuel is needed to SB 1328 Page 3 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 car. 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 parties: "On March 25, 2010 ARB announced that all rulemaking on the Cool Cars regulation has ceased. It was determined that insufficient time remained on the rulemaking calendar to achieve consensus on the rule, particularly with regard to perceived problems with metallic glazing and the operation of cell phones and GPS ankle bracelets. Because consensus could not be reached within the timeframe required, the 15-day Notice for Cool Cars will not be issued. The result is that the Cool Cars regulation, while approved by the Board in June 2009, will not become law. SB 1328 Page 4 In its place staff will work to incorporate a performance-based 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 vehicle greenhouse gas emission regulations will be linked with the formerly separate standards setting specific toxic and criteria tailpipe emissions limits (Low Emission Vehicle or LEV standards) 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 phasing-in 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 Cool Cars performance option workgroups will cease. Instead, the public may participate in the development of the performance metric for cooling vehicle interiors as part of the regulatory 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. SB 1328 Page 5 SOURCE : Exatec, LLC SUPPORT : None on file OPPOSITION : None on file