BILL ANALYSIS Ó SB 359 Page 1 ( Without Reference to File ) SENATE THIRD READING SB 359 (Corbett) As Amended September 12, 2013 Majority vote SENATE VOTE :Vote not relevant TRANSPORTATION 11-3 APPROPRIATIONS 15-1 ----------------------------------------------------------------- |Ayes:|Lowenthal, Linder, Bonta, |Ayes:|Gatto, Bigelow, | | |Buchanan, Daly, Frazier, | |Bocanegra, Bradford, Ian | | |Gatto, Holden, Nazarian, | |Calderon, Campos, Eggman, | | |Quirk-Silva, Bloom | |Gomez, Hall, Holden, | | | | |Linder, Pan, Quirk, | | | | |Wagner, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Logue, Morrell, Patterson |Nays:|Donnelly | | | | | | ----------------------------------------------------------------- SUMMARY : Provides money for California Air Resources Board (ARB) projects and programs aimed at encouraging the deployment of zero-emission and hybrid vehicles. Specifically, this bill: 1)Requires the Controller to loan $40 million from the Vehicle Inspection and Repair Fund to the Air Quality Improvement Fund and allocate as follows: a) $20 million to ARB for the Clean Vehicle Rebate Project (CVRP). b) $10 million to ARB for the Hybrid and Zero-Emission Truck and Bus Incentive Project (HVIP). c) $10 million to ARB for the Heavy Duty Vehicle Air Quality Loan Program. 1)Requires, by June 30, 2016, $30 million of the loan to be repaid to the Vehicle Inspection and Repair Fund from a non-General Fund source, upon appropriation by the Legislature with interest at the rate earned by the Pooled Money SB 359 Page 2 Investment Account. Requires the remaining $10 million of the loan to be repaid by June 30, 2021, from the Air Pollution Control fund in the same manner. 2)Appropriates $8 million from the Enhanced Fleet Modernization Subaccount, High Polluter Repair Account to the Bureau of Automotive Repair for the Enhanced Fleet Modernization Program (EFMP). EXISTING LAW : 1)Establishes, pursuant to AB 118 (Nunez), Chapter 750, Statutes of 2007, various programs to help implement the state's greenhouse gas emission reduction goals. Included in these programs is the Air Quality Improvement Program (AQIP). The purpose of AQIP is to fund projects that reduce criteria air pollutants, improve air quality, and provide research for alternative fuels and vehicles, vessels, and equipment technologies. 2)Establishes the Vehicle Inspection and Repair Fund into which revenues from the smog check certificate fee are deposited for administration of the Smog Check Program within the Bureau of Automotive Repair (BAR). 3)Provides, under the EFMP, a program for the voluntary retirement of passenger vehicles and light and medium duty trucks that are high polluters. 4)Requires EFMP to focus efforts where the greatest air quality impact can be identified and to consider cost-effectiveness and impacts on disadvantaged and low-income populations. Under EFMP, eligible low-income vehicle owners can qualify for a $2,500 voucher to be used toward the purchase of a newer vehicle (up to eight years old). 5)Defines "low-income motor vehicle owner" as a person whose income does not exceed 225% of the federal poverty level, as published quarterly in the Federal Register by the United States Department of Health and Human Services. 6)Authorizes the California Capital Access Program within the State Treasurer's Office. Under this authority, ARB funds the Heavy-Duty Vehicle Air Quality Loan Program to help fleet SB 359 Page 3 owners comply with on-road heavy-duty vehicle regulations. FISCAL EFFECT : According to Assembly Appropriations Committee: 1)This bill provides a one-time loan of $40 million from the Vehicle Inspection and Repair Fund to the Air Quality Improvement Fund for specified expenditures. 2)This bill appropriates $8 million from the Enhanced Fleet Modernization Subaccount, High Polluter Repair Account to the Bureau of Automotive Repair from existing unallocated resources. COMMENTS : AQIP provides financial incentives for public and private groups and individuals to adopt smog and diesel particulate pollution-reducing technology that concurrently reduces greenhouse gas emissions. Funding for AQIP comes primarily from the smog abatement fee that is assessed annually for a vehicle's first six registration years in lieu of providing a biennial smog certification. Of the $20 that is collected for each vehicle annually, $4 is allocated to ARB for AQIP. Typically, the annual budget act allocates about $35 million to AQIP. ARB just recently adopted its AQIP 2013-14 funding plan that proposes to focus most of the AQIP funding on the two largest project categories-CVRP and HVIP. This bill would loan $30 million to AQIP for use on both CVRP ($20 million) and HVIP ($10 million). The money would be loaned from the Vehicle Inspection and Repair Fund. That fund pays for the administration of the Smog Check Program within BAR. The fund currently has reserves of about $62 million, which represents about a six-month reserve for the program. According to the California Department of Consumer Affairs, the loan is not expected to impact the BAR's administration of the Smog Check Program. CVRP : This project provides vehicle rebates on a first-come, first-served basis to California residents, businesses, non-profit organizations, and government entities that purchase or lease a battery or fuel cell electric vehicle, or a plug-in hybrid electric vehicle. The aim of this program is to get the cleanest vehicles on the road in California by providing consumer rebates to partially offset the higher initial cost of advanced technologies. SB 359 Page 4 HVIP : HVIP provides vouchers to help California fleets purchase hybrid and zero-emission trucks and buses. The project plays a critical role in accelerating early market penetration of hybrid technology with the goal of significant fleet penetration of these vehicles into California by 2020. Understandably, industry advocates for these two rebate programs are nervous that CVRP and HVIP may run out of money before the end of the fiscal year. They point to how the CVRP and HVIP incentive programs have succeeded in reducing the up-front cost of zero-emission vehicle technologies in the early stages of the market, before economies of scale have been achieved. They also point to experiences in other states where rebate programs were suspended for lack of funds and resulted in pronounced market impacts. Further, supporters argue that suspension of these programs (for lack of funding), could "send a chill throughout the market and create uncertainty as to whether California is committed to zero-emission vehicle technologies." Heavy-Duty Vehicle Air Quality Loan Program: ARB developed the loan program, in partnership with the State Treasurer's Office, to provide financial assistance to truckers affected by new regulations aimed at reducing greenhouse gas emissions by improving the fuel efficiency of heavy-duty tractors that pull 53-foot or longer box-type trailers. The regulation is expected to reduce greenhouse gas emissions by approximately 0.7 million metric tons of carbon dioxide-equivalents by 2020, statewide. This bill provides $10 million for the loan guarantee program to assist trucking firms that must comply with the new regulations by January 1, 2014. EFMP: The $8 million appropriation proposed in this bill will help accelerate the rate of retirement for high-polluting vehicles. This appropriation, coupled with program modifications proposed in SB 459 (Pavley) (currently pending in the Legislature) will help to make the current vehicle retirement program more accessible, convenient, and financially feasible for low-income vehicle owners. Related legislation: AB 8 (Perea) would extend until January 1, 2024, extra charges on vehicle registrations, boat registrations, and tire sales in order to fund the AB 118 and SB 359 Page 5 Carl Moyer programs, including AQIP. AB 8 passed the Legislature and is on its way to the Governor's desk. SB 459 (Pavley) directs ARB to take specific steps to improve the EFMP. That bill is currently pending on the Assembly Floor. Previous legislation: AB 118 (Núñez) Chapter 750, Statutes of 2007, enacted the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 and established the Enhanced Fleet Modernization Program and the Air Quality Improvement Program. Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093 FN: 0002856