BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1328
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          Date of Hearing:  June 28, 2010

                                Wesley Chesbro, Chair
                   SB 1328 (Lowenthal) - As Amended:  June 16, 2010

           SENATE VOTE  :  27-0
          SUBJECT  :  Greenhouse gas emissions:  motor vehicle cabin  

           SUMMARY  :  Requires the California Air Resources Board (ARB) to  
          consider certain factors when adopting or amending regulations  
          that reduce motor vehicle cabin temperature to reduce greenhouse  
          gas emissions (GHGs).  

           EXISTING LAW  : 

          Establishes the California Global Warming Solutions Act (AB 32  
          (Nunez), Chapter 488, Statutes of 2006), which requires ARB to  
          adopt a statewide GHG emissions limit equivalent to 1990 levels  
          by 2020 and to adopt rules and regulations to achieve maximum  
          technologically feasible and cost-effective GHG emission  

           THIS BILL  requires ARB to consider the following while adopting  
          or amending regulations to reduce motor vehicle cabin  
          temperature in order to reduce GHG emissions:

               a)        Reducing air-conditioning use when motor vehicles  
               are either parked or moving.

               b)        Identify potential conflicts between, and  
               relative benefits of, vehicle temperature requirements and  
               the technologies that provide reductions in GHG emissions.

               c)        Flexibility to achieve the maximum possible motor  
               vehicle GHG emissions reduction.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, this bill has  
          negligible state costs.

           COMMENTS  :   


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          The transportation sector in California represents the largest  
          contributor to overall GHG emissions throughout the state (Figs.  
          1 and 2).  According to ARB, in 1990, total statewide GHG  
          emissions were approximately 427 million metric tons of carbon  
          dioxide equivalent (MMTCO2e), with transportation representing  
          35%, or approximately 149.5 MMTCO2e, of GHG emissions (Figure  
          1).  In 2004, total statewide GHG emissions were approximately  
          484 MMTCO2e, with transportation representing 38%, or  
          approximately 183.9 MMTCO2e, of GHG emissions (Figure 2).  ARB  
          is required to adopt a statewide GHG emissions limit equivalent  
          to 1990 levels by 2020, which in the transportation sector  
          represents a proportional reduction of 34.4 MMTCO2e.  

          Figure 1. 1990 GHGs by sector.  GHG emissions totaled 427  
          MMTCO2e net emissions as reported by ARB.  The transportation  
          sector is responsible for approximately a third of the overall  
          emissions which represents the largest individual emitting  

          Figure 2.  2004 GHGs by sector.  GHG emissions totaled 484  
          MMTCO2e net emissions as reported by ARB, which is an increase  
          of 57 MMTCO2e possibly due to economic growth between 1990 and  
          2004.  The transportation sector remains the largest individual  
          GHG emitting contributor with 38% of the total.  
          The use of air conditioners in motor vehicles directly increases  
          fuel consumption, therefore regulations that reduce air  
          conditioner use by lowering heat gain in a motor vehicle,  
          especially when parked, could potentially reduce GHG emissions  
          in the transportation sector.  

          In June 2009, ARB adopted the Cool Cars Regulation (Regulation)  
          which proposed to reduce CO2 emissions by reducing the interior  
          temperature of parked vehicles which would reduce the need for  
          air conditioner use.  The rationale was that if the need for air  
          conditioning was reduced, car air conditioners would be used  
          less frequently or car manufacturers would install smaller air  
          conditioning units; the result of their action would be a  
          reduction in fuel burned to power air conditioning and therefore  


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          fewer GHG emissions.  The Regulation would apply to light-duty  
          and medium-duty vehicles less than or equal to 10,000 lbs. gross  
          vehicle weight (GVW).  One component of the Regulation was  
          utilizing glass coatings for car windshields and windows to  
          reduce the total solar energy transmittance (TTS) into the car,  
          usually while parked (Figure 3).  

          Figure 3.  Solar energy interacting with a glass layer.

          The Regulation would apply to 2012 model vehicles since car  
          manufacturers order glass for car windows in advance.  Beginning  
          with 2012 model vehicles, the Regulation includes a 50 TTS level  
          for windshields, a 60 TTS level for side and back windows, and a  
          30 TTS level for sunroof glass.  Beginning with 2016 model  
          vehicles, a more stringent 40 TTS level requirement was  
          prescribed for all vehicle windows except for sunroof glass  
          which remained at 30 TTS.  The lower the TTS value, the more  
          solar energy is being reflected from the window glass away from  
          the vehicle.  Vehicle manufacturers could also opt for other  
          methods of reducing air conditioning use if they did not want to  
          comply with glass TTS standards.  According to ARB, these levels  
          of energy transmittance were based on the available glass  
          coating technologies at the time, as well as a study  
          investigating the effects of glass coatings on electronic  
          devices, including cell phones and global positioning systems  
          (GPS) that rely on successful wireless electronic communication  
          outside of the vehicle.  ARB estimated that when the Regulation  
          was fully implemented it would result in GHG emission reductions  
          over 1 MMTCO2e.  

          In November 2006, ARB conducted a study investigating the  
          effects of vehicle window glass coatings on the performance of  
          GPS monitoring units and cell phones in order to address some  
          concerns from law enforcement organizations regarding the  
          interference of the glass coatings with the proper functioning  
          of GPS ankle monitoring bracelets.  The study was conducted in  
          the Los Angeles metropolitan area.  At this time, the most  
          common and most widely used available glass coating technologies  
          that achieved the desired TTS levels were metallic coatings.  A  
          number of vehicles in Europe and in the U.S. have these window  
          glass coatings in place.  The metallic glass coatings were known  
          to attenuate electromagnetic waves that are integral to the  
          proper functioning of cell phones and GPS devices, so the  
          Regulation also allowed for up to 10% of the total vehicle  


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          window area to have no coating (deletion zone) so that the  
          coating would not interfere with these devices.  The study  
          examined the performance of cell phones, GPS navigation systems,  
          and GPS ankle devices in moving vehicles with no glass coatings,  
          coating on the windshield only, and in vehicles with 100% of the  
          windows coated.  The devices were tested in urban and suburban  
          areas, and on highways.  GPS units were also evaluated on how  
          quickly they could establish a satellite connection.  The study  
          showed that GPS ankle monitoring devices lost their satellite  
          connection for time periods of 2 to 5 minutes regardless of the  
          level of glass coating.  GPS ankle monitoring devices have  
          backup cellular devices.  These cellular backup devices were  
          able to work regardless of the level of glass coating on the  
          windows.  GPS navigation system performance was negatively  
          affected by the glass coating, however the performance was  
          significantly improved by creating a deletion zone in the  
          coating.  Cell phone performance was not affected by any level  
          of glass coating, however the study does explain that it was  
          conducted within a metropolitan area where cell phone reception  
          is generally strong.

          In March 2010, ARB announced that it was discontinuing the  

               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. 

               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  


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               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.

          When ARB resumes its vehicle cabin temperature rulemaking,  
          several glass-coating technologies will be available.  Non-metal  
          polycarbonate glass coatings have been shown to decrease window  
          TTS levels while not requiring deletion zones to reduce  
          interference with GPS devices.  ARB may wish to explore these  
          technologies as it resumes development of vehicle regulations.   
          In addition, ARB may wish to explore other incentive program  
          options for vehicle customers such as rebates for cars with  
          reflective paints or coatings.  

          None on file

           Analysis Prepared by  :  Jessica Westbrook / NAT. RES. / (916)