BILL ANALYSIS
SB 1328
Page 1
SENATE THIRD READING
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
reductions.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, a one-time cost to ARB, potentially in excess of
SB 1328
Page 2
$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
SB 1328
Page 3
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
SB 1328
Page 4
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
strong.
In March 2010, ARB announced that it was discontinuing the
Regulation:
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
SB 1328
Page 5
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