BILL ANALYSIS                                                                                                                                                                                                    

                                                                 SB 1328
                                                                 Page  1

         SB 1328 (Alan Lowenthal)
         As Amended  June 16, 2010
         Majority vote 

          SENATE VOTE  :27-0  
          NATURAL RESOURCES   8-0         APPROPRIATIONS      17-0        
         |Ayes:|Chesbro, Gilmore,         |Ayes:|Fuentes, Conway,          |
         |     |Brownley,                 |     |Bradford,                 |
         |     |De Leon, Hill, Knight,    |     |Charles Calderon, Coto,   |
         |     |Logue, Skinner            |     |Davis,                    |
         |     |                          |     |De Leon, Gatto, Hall,     |
         |     |                          |     |Harkey, Miller, Nielsen,  |
         |     |                          |     |Norby, Skinner, Solorio,  |
         |     |                          |     |Torlakson, Torrico        |
         |     |                          |     |                          |
          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) including:  
         1)The reduction of air-conditioning use when motor vehicles are  
           either parked or moving.

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

         3)The flexibility to achieve the maximum possible motor vehicle  
           GHG emissions reduction.

          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  

          FISCAL EFFECT  :  According to the Assembly Appropriations  
         Committee, a one-time cost to ARB, potentially in excess of  


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         $150,000 (equivalent to one position), to the extent ARB chooses  
         to consider adoption of regulation to reduce motor vehicle cabin  
         temperature, which would entail additional analysis per this bill.  

         COMMENTS  :  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 sector.  

         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  


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         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  
         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  


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         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 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  

         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  

              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  


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              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.

         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. 

          Analysis Prepared by  :  Jessica Westbrook / NAT. RES. / (916)  
         319-2092                                               FN: 0005962