BILL ANALYSIS Ó
AB 462
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 462
AUTHOR: Lowenthal
AMENDED: June 7, 2011
FISCAL: No HEARING DATE: June 27, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SCHOOLBUS RETROFIT
SUMMARY :
Existing law :
1) Provides the California Air Resources Board (ARB) with
primary responsibility for control of mobile source air
pollution, including adoption of rules for reducing vehicle
emissions and the specification of vehicular fuel
composition. (Health and Safety Code §39000 et seq. and
§39500 et seq.). The ARB must coordinate efforts to attain
and maintain ambient air quality standards. (§39003).
2) Provides that air pollution control districts (APCDs) and
air quality management districts (AQMDs) have primary
responsibility for controlling air pollution from all
sources, other than emissions from mobile sources. (§40000
et seq.). Certain APCDs and AQMDs are established, with
related authority, including the Sacramento Metropolitan
Air Quality Management District (SMAQMD). (§40950 et
seq.).
3) Authorizes an APCD or AQMD, until January 1, 2015, to levy
a fee up to $6 on motor vehicles registered in the
district, with the first $4 in revenue of each fee used to
reduce air pollution from motor vehicles and to carry out
relating planning, monitoring, enforcement, and technical
studies necessary to implement the California Clean Air Act
of 1988; and the next $2 of each fee to be used for certain
purposes, including purchase of new school buses in
accordance with the Lower-Emission School Bus Program
adopted by the ARB. (§44229). Similar provisions are
AB 462
Page 2
specified for the SMAQMD. (§41081).
This bill :
1) Allows the $2 portion of the fee for APCDs and AQMDs to
also be used for:
a) Replacement of onboard natural gas fuel tanks on
school district-owned school buses that are 14 years or
older, not to exceed $20,000 per bus.
b) Enhancement of deteriorating natural gas fueling
dispensers of school district-operated fueling
infrastructure with a one-time funding amount not
exceeding $500 per dispenser.
2) Makes technical and clarifying amendments, and contains
double-jointing amendments to address chaptering-out
problems with AB 470 (Halderman).
COMMENTS :
1) Purpose of Bill . According to the South Coast Air Quality
Management District, sponsor of AB 462, about 1,400
alternative fuel schoolbuses have been purchased by school
districts within its jurisdiction through ARB's
Lower-Emission School Bus Program. These schoolbuses are
primarily powered by compressed natural gas (CNG) with fuel
tanks having a useable life of 15 years. About 200 of
these CNG schoolbuses will reach the end of their 15-year
fuel tank lifespan by 2011-2012, with 100 to 150 additional
schoolbuses reaching the end of their fuel tank lifespan
each following year. A replacement fuel tank costs about
$20,000 compared with the approximate $169,000 cost of a
new bus. AB 462 provides a funding mechanism for
replacement of these CNG fuel tanks along with improvements
to certain school district-operated fueling infrastructure.
2) Background . The primary goal of ARB's Lower-Emission
School Bus Program is to reduce exposure to cancer-causing
and smog-forming pollution. The program provides funding
AB 462
Page 3
for new and safer schoolbuses, as well as air pollution
control equipment (retrofit devices) on existing buses.
Beginning in the 2000-01 fiscal year budget, $50 million
was allocated to the ARB for the program. According to the
ARB in 2000, "ARB and local air districts recognize that PM
Ýparticulate matter] emissions from diesel-fueled engines
and vehicles are a serious public health concern,
particularly for school age children who are more
susceptible to its harmful health effects. When
implemented, the Lower-Emission School Bus Program will
provide California's school children with less polluting,
and in many cases, safer school transportation."
AB 923 (Firebaugh) Chapter 707, Statutes of 2004, among other
things, authorized APCDs, AQMDs, and SMAQMD to increase the
registration fee by $2 to be used for certain purposes,
including purchase of new schoolbuses in accordance with
the Lower-Emission School Bus Program adopted by the ARB.
Voters approved Proposition 1B (the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006)
November 7, 2006. This bond act provided for a bond issue
not to exceed $19,925,000,000 for certain purposes,
including $200 million for schoolbus retrofit and
replacement to reduce air pollution and children's exposure
to diesel exhaust.
SB 88 (Committee on Budget and Fiscal Review) Chapter 181,
Statutes of 2007, contained various provisions to implement
Proposition 1B, including the California Clean Schoolbus
Program (Health and Safety Code §44299.90 et seq.) which
requires ARB to allocate funds in accordance with the
following: a) replace all schoolbuses in operation with a
1976 model year or earlier; and b) remaining funds
apportioned to local APCDs and AQMDs based on the number of
schoolbuses with 1977 to 1986 model years (each school
district must determine the percentage of its allocation to
spend between replacement of schoolbuses of model years
1977 to 1986, and retrofit of schoolbuses of any model
year). All schoolbuses replaced under this program must be
scrapped. SB 88 also requires ARB to prepare guidelines
for the program.
AB 462
Page 4
AB 470 allows the $2 portion of the fee for APCDs and AQMDs
enacted under AB 923 of 2004 to also be used for
replacement of onboard natural gas fuel tanks on school
district-owned school buses that are 14 years or older (not
to exceed $20,000 per bus) and enhancement of deteriorating
natural gas fueling dispensers of school district-operated
fueling infrastructure (with a one-time funding amount not
exceeding $500 per dispenser).
3) Related legislation . AB 470 (Halderman) allows the $2
portion of the fee for APCDs, AQMDs, and the SMAQMD to also
be used for retrofitting existing schoolbus emission
control equipment in accordance with the Lower-Emission
School Bus Program. AB 462 and AB 470 contain
double-jointing amendments to address chaptering-out
problems.
4) Clarification needed . Amendments are needed to: a)
require the programs added by this bill to be pursuant to
the Lower-Emission School Bus Program adopted by the ARB,
b) add these revised program amendments to provisions
relating to the SMAQMD, and c) revise the corresponding
double-jointing provisions.
SOURCE : South Coast Air Quality Management District
SUPPORT : American Lung Association, Bay Area Air Quality
Management District, California Air Pollution
Control Officers Association, California
Association of School Transportation Officials,
California Council for Environmental and
Economic Balance, California School Boards
Association, California School Employees
Association, Coalition for Clean Air, Colton
Joint Unified School District, Desert Sands
Unified School District, Los Angeles Unified
School District, Natural Resources Defense
Council, Planning and Conservation League,
Pupil Transportation Cooperative, The Gualco
Group, Inc., San Diego Gas & Electric Company,
Sempra Energy Utilities, Southern California
AB 462
Page 5
Gas Company, Union of Concerned Scientists,
West County Transportation Agency
OPPOSITION : None on file