BILL NUMBER: AB 462	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 15, 2011

   An act to amend Section 44229 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 462, as introduced, Bonnie Lowenthal. Air pollution: vehicular
pollution.
   Existing law authorizes an air pollution control district or a
regional air quality management district, until January 1, 2015, to
establish a fee of up to $6 on the registration of motor vehicles
registered in the district. Existing law requires the revenues from
the first $4 of the fee be used for specified purposes. Existing law
requires that the revenues from the last $2 of the fee be used for
specified programs that the district determines remediate air
pollution harms created by motor vehicles.
   This bill would additionally authorize a district based on that
determination to use the last $2 of the fee for programs to replace
onboard natural gas tanks on schoolbuses owned by a school district
that are 15 years or older and to enhance deteriorating natural gas
fueling dispensers of fueling infrastructures operated by a school
district.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44229 of the Health and Safety Code, as amended
by Section 4 of Chapter 707 of the Statutes of 2004, is amended to
read:
   44229.  (a) After deducting all administrative costs it incurs
through collection of fees pursuant to Section 44227, the Department
of Motor Vehicles shall distribute the revenues to districts, which
shall use the revenues resulting from the first four dollars ($4) of
each fee imposed to reduce air pollution from motor vehicles and to
carry out related planning, monitoring, enforcement, and technical
studies necessary for implementation of the California Clean Air Act
of 1988. Fees collected by the Department of Motor Vehicles pursuant
to this chapter shall be distributed to districts based upon the
amount of fees collected from motor vehicles registered within each
district.
   (b) Notwithstanding the provisions of Section 44241 and Section
44243, a district shall use the revenues resulting from the next two
dollars ($2) of each fee imposed pursuant to Section 44227 to
implement the following programs that the district determines
remediate air pollution harms created by motor vehicles on which the
surcharge is imposed:
   (1) Projects eligible for grants under the Carl Moyer Memorial Air
Quality Standards Attainment Program (Chapter 9 (commencing with
Section 44275) of Part 5).
   (2) The new purchase, retrofit, repower, or add-on equipment for
previously unregulated agricultural sources of air pollution, as
defined in Section 39011.5, for a minimum of three years from the
date of adoption of an applicable rule or standard, or until the
compliance date of that rule or standard, whichever is later, if the
state board has determined that the rule or standard complies with
Sections 40913, 40914, and 41503.1, after which period of time, a new
purchase, retrofit, repower, or add-on of equipment shall not be
funded pursuant to this chapter. The districts shall follow any
guidelines developed under subdivision (a) of Section 44287 for
awarding grants under this program.
   (3) The new purchase of schoolbuses pursuant to the Lower-Emission
School Bus Program adopted by the state board.
   (4) An accelerated vehicle retirement or repair program that is
adopted by the state board pursuant to authority granted hereafter by
the Legislature by statute. 
   (5) The replacement of onboard natural gas fuel tanks on
schoolbuses owned by a school district that are 15 years or older,
not to exceed twenty thousand dollars ($20,000) per bus.  
   (6) The enhancement of deteriorating natural gas fueling
dispensers of fueling infrastructures operated by a school district
with a one-time funding amount of up to five hundred dollars ($500)
per dispenser. 
   (c) The Department of Motor Vehicles may annually expend not more
than the following percentages of the fees collected pursuant to
Section 44227 on administrative costs:
   (1) During the first year after the operative date of this
chapter, not more than 5 percent of the fees collected may be used
for administrative costs.
   (2) During the second year after the operative date of this
chapter, not more than 3 percent of the fees collected may be used
for administrative costs.
   (3) During any year subsequent to the second year after the
operative date of this chapter, not more than 1 percent of the fees
collected may be used for administrative costs.
   (d)  No   A  project funded by the
program shall  not  be used for credit under any state or
federal emissions averaging, banking, or trading program.  No
emission   Emission  reduction generated by the
program shall  not  be used as marketable emission reduction
credits or to offset any emission reduction obligation of any person
or entity. Projects involving new engines that would otherwise
generate marketable credits under state or federal averaging,
banking, and trading programs shall include transfer of credits to
the engine end user and retirement of those credits toward reducing
air emissions in order to quality for funding under the program. A
purchase of a  low-emision   low-emission 
vehicle or of equipment pursuant to a corporate or a controlling
board's policy, but not otherwise required by law, shall generate
surplus emissions reductions and may be funded by the program.
   (e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.