BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 359
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          (  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  








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            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  








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            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.  








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           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  








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          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