BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 359
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  corbett
                                                         VERSION: 9/12/13
          Analysis by:  Carrie Cornwell                  FISCAL:  yes
          Hearing date:  September 12, 2013





          SUBJECT:

          Air quality and alternative fuel vehicles

          DESCRIPTION:

          This bill provides $48 million in additional funding for the  
          current fiscal year to the Air Resources Board (ARB) to support  
          rebates for alternatively fueled vehicle purchases, vehicle  
          retirements, and heavy duty vehicle upgrades.

          ANALYSIS:

          Air Quality Improvement Program

          AB 118 (Núñez), Chapter 750, Statutes of 2007, created the  Air  
          Quality Improvement Program (AQIP)  , which the ARB administers in  
          consultation with local air districts to provide competitive  
          grants to fund projects to reduce criteria air pollutants,  
          improve air quality, and support research to improve the air  
          quality impacts of alternative fuels and vehicles, vessels, and  
          equipment technologies. 

          Pursuant to ARB's 2013-14 AQIP investment plan, the 2013-14  
          Budget Act appropriates $15 million to ARB's Clean Vehicle  
          Rebate Program, which provides rebates of up to $2,500 for the  
          purchase of all-electric and other qualifying clean vehicles.   
          Also pursuant to the AQIP, the budget appropriates $5 million to  
          ARB's Hybrid and Zero-Emission Truck and Bus Incentive Project,  
          and $2 million to its Heavy Duty Vehicle Air Quality Loan  
          Program, through which it provides loan guarantees to truck and  
          bus owners to finance clean heavy duty trucks and buses and  
          certain retrofits to those vehicles.

          Enhanced Fleet Modernization Program 
           




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           AB 118 also created the  Enhanced Fleet Modernization Program  
          (EFMP)  , under which ARB, in consultation with the Bureau of  
          Automotive Repair (BAR), provides for the voluntary retirement  
          of passenger vehicles and light and medium duty trucks that are  
          high polluters.  EFMP offers:

           A $1,000 voucher to all vehicle owners to retire a  
            high-polluting vehicle.
           A $1,500 voucher to low-income vehicle owners (household  
            income at or below 225 percent of federal poverty level) to  
            retire a high-polluting vehicle.


          AB 118 derives funding for these programs from additional fees  
          on vehicle and vessel registrations, including a $1 increase in  
          the annual vehicle registration fee for EFMP; and from a $4  
          increase in the Smog Abatement Fee, paid to register vehicles  
          that are less than six model years old and therefore exempt from  
          smog check.   
           
          This bill  :
          
          1.Requires the Controller to loan $40 million from the Vehicle  
            Inspection and Repair Fund (BAR's administrative reserves) to  
            the Air Quality Improvement Fund and allocate as follows:

                 $20 million to the ARB for the Clean Vehicle Rebate  
               Project (CVRP). 

                 $10 million to the ARB for the Hybrid and Zero-Emission  
               Truck and Bus Incentive Project (HVIP).

                 $10 million to the ARB for the Heavy Duty Vehicle Air  
               Quality Loan Program.

          1.By June 30, 2016, requires $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 Investment Account.  The remaining $10 million of the  
            loan must be repaid by June 30, 2021, from the Air Pollution  
            Control fund, which pays ARB's general administrative  
            expenses, in the same manner.

          2.Appropriates $8 million from the Enhanced Fleet Modernization  
            Subaccount of the High Polluter Repair Account to BAR for the  




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            EFMP to fund vehicle retirements.
          
          COMMENTS:

           1.Purpose  .  The author indicates that she is carrying this bill  
            to provide vital funding to assist a broad cross-section of  
            Californians and to help the state achieve its vitally  
            important air quality and greenhouse gas reduction goals.   
            These goals strike at the heart of California's efforts to  
            ensure clean air and an improved environment by supporting  
            state clean air transportation programs.  This bill also  
            provides for additional funding for the Enhanced Fleet  
            Modernization Program to continue helping low-income residents  
            transition away from using older, heavy polluting vehicles. 

           2.Support  .  Industry advocates for ARB's two rebate programs are  
            concerned 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."  

           3.Unsatiable desire  .  The 2013-14 Budget Act provides $15  
            million for rebates through ARB's Clean Vehicle Rebate  
            Program; pending legislation (SB 95, also known as "the baby  
            budget") will provide another $24.55 million; this bill will  
            provide yet another $20 million for a total of $60 million for  
            the 2013-15 year, a fourfold increase over last year.  How  
            much money is prudent to direct to the incentive programs?  At  
            what point is the clean vehicle market sufficiently saturated  
            such that incentives are no longer appropriate?  What does the  
            cost-benefit analysis of the rebate program indicate?  Are  
            there other related programs that would deliver more  
            cost-effective benefits?  These questions remain unanswered  
            for this program.  

            For the other two ARB programs this bill funds, HVIP and the  
            Heavy Duty Vehicle Air Quality Loan Program, the imposition of  
            ARB's truck and bus rule, which takes effect on January 1,  




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            2014, appears likely to drive demand up, as heavy duty vehicle  
            owners (some of whom are shown as supporters below) must  
            upgrade their vehicles to comply.

           4.Where's all this money coming from  ?  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  
            and receives revenues from the Smog Abatement Fee, which  
            vehicle owners pay to register vehicles that are less than six  
            model years old and therefore exempt from smog check.  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.  

            Additionally, this bill increases BAR's spending authority to  
            provide financial compensation to retire or repair  
            high-polluting vehicles from existing EFMP revenues.

           5.Helping the helped  .   Survey data indicates that the typical  
            recipient of a Clean Vehicle Rebate earns over $150,000 a year  
            and owns at least one other non-electric car.  ARB reports  
            that through April of this year it had provided the following  
            rebates through the CVRP:



          
           ------------------------------------------------------------------ 
          |   Vehicle Type and Model   |   Number of    |   Total Dollars    |
          |                            |     Rebates    |      Allocated     |
          |----------------------------+----------------+--------------------|
          |Light-Duty Zero-Emission    |     11,552     |    $32,905,488     |
          |  Vehicle                   |                |                    |
          |----------------------------+----------------+--------------------|
          |BMW 1 Series Active E       |       70       |      $52,500       |
          |----------------------------+----------------+--------------------|
          |CODA                        |       48       |      $120,000      |
          |----------------------------+----------------+--------------------|
          |Ford Focus Electric         |      426       |     $1,065,000     |
          |----------------------------+----------------+--------------------|
          |Honda FCX-Clarity           |       10       |      $45,000       |
          |----------------------------+----------------+--------------------|
          |Honda 2013 Fit EV           |       72       |      $180,000      |
          |----------------------------+----------------+--------------------|




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          |Mercedes-Benz F-Cell        |       3        |       $7,500       |
          |----------------------------+----------------+--------------------|
          |Mitsubishi i-MiEV           |      116       |      $230,061      |
          |----------------------------+----------------+--------------------|
          |Nissan LEAF                 |     7,924      |    $23,920,390     |
          |----------------------------+----------------+--------------------|
          |Smart ED                    |      338       |      $663,000      |
          |----------------------------+----------------+--------------------|
          |Th!nk City 2011             |       49       |      $116,037      |
          |----------------------------+----------------+--------------------|
          |Tesla Roadster              |      156       |      $660,000      |
          |----------------------------+----------------+--------------------|
          |Tesla Model S - 60 kWh      |      411       |     $1,027,500     |
          |  battery                   |                |                    |
          |----------------------------+----------------+--------------------|
          |Tesla Model S - 85 kWh      |     1,713      |     $4,282,500     |
          |  battery                   |                |                    |
          |----------------------------+----------------+--------------------|
          |Toyota RAV4 EV              |      215       |      $534,000      |
          |----------------------------+----------------+--------------------|
          |Wheego LiFe                 |       1        |       $2,000       |
          |----------------------------+----------------+--------------------|
          |Plug-In Hybrid Electric     |     10,367     |    $15,529,500     |
          |  Vehicle                   |                |                    |
          |----------------------------+----------------+--------------------|
          |Chevy Volt Low Emission     |     5,394      |     $8,087,850     |
          |  package                   |                |                    |
          |----------------------------+----------------+--------------------|
          |Ford CMAX Energi            |      310       |      $465,000      |
          |----------------------------+----------------+--------------------|
          |Ford Fusion Energi          |       75       |      $112,500      |
          |----------------------------+----------------+--------------------|
          |Honda Accord Plug-In        |       15       |      $22,500       |
          |----------------------------+----------------+--------------------|
          |Toyota Prius Plug-In Hybrid |     4,573      |     $6,841,650     |
          |----------------------------+----------------+--------------------|
          |Zero Emission Motorcycle    |      148       |      $159,400      |
          |----------------------------+----------------+--------------------|
          |Brammo                      |       19       |      $21,300       |
          |----------------------------+----------------+--------------------|
          |Vectrix                     |       5        |       $6,900       |
          |----------------------------+----------------+--------------------|
          |Zero                        |      124       |      $131,200      |
          |----------------------------+----------------+--------------------|
          |Neighborhood Electric       |       93       |      $102,550      |
          |  Vehicles                  |                |                    |




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          |----------------------------+----------------+--------------------|
          |GEM                         |       57       |      $56,950       |
          |----------------------------+----------------+--------------------|
          |Miles EV                    |       35       |      $44,100       |
          |----------------------------+----------------+--------------------|
          |Vantage                     |       1        |       $1,500       |
          |----------------------------+----------------+--------------------|
          |Commercial Zero Emission    |       49       |      $980,000      |
          |  Vehicles                  |                |                    |
          |----------------------------+----------------+--------------------|
          |Navistar eStar 300          |       10       |      $200,000      |
          |----------------------------+----------------+--------------------|
          |Smith Newton 1-9            |       39       |      $780,000      |
          |----------------------------+----------------+--------------------|
          |Total                       |     22,209     |$49,676,938         |
           ------------------------------------------------------------------ 
          Source: California Air Resources Board

            The Nissan Leaf, at 7,924 rebates, is the number one recipient  
            of rebates, followed by the Chevy Volt, Toyota Prius Plug-in,  
            and the Tesla Model S.  The current net price for the Leaf  
            (after $7,500 federal tax credit and $2,500 CVRP rebate) can  
            be as low as $20,000, the Volt and Prius start at about  
            $33,000, and the Tesla Model S ranges in price from $70,000 to  
            over $100,000.  

           6.Concurrence hearing  .  This bill is back in the Senate on  
            concurrence and has been referred to this committee pursuant  
            to rule 29.10 because Assembly amendments deleted the original  
            contents of this bill related to exemptions for housing  
            projects under the California Environmental Quality Act.  At  
            today's 29.10 hearing, the committee may not amend the bill  
            further and may only hold the bill or return the bill as  
            approved by the committee to the Senate floor.
          
          Assembly Votes:
               Floor:    44-20 (Unofficial)
               Appr: 15-1
               Trans:    11-3

          POSITIONS:  (Communicated to the committee by 3p.m. on Thursday,  

                     September 12, 2013.)

               SUPPORT:  Allison Transmission, Inc.
                         Altec Green Fleet




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                         BAE Systems
                         Boulder Electric Vehicle
                         California Air Pollution Control Officers  
          Association
                         California Electric Transportation Coalition
                         California Municipal Utilities Association
                         California New Car Dealers Association
                         CALSTART
                         Eaton Corporation
                         Electric Vehicles International
                           Environmental Defense Fund
                         Honda North America, Inc.
                         Kenworth Truck Company
                         Napa Valley Unified School District
                         Natural Resources Defense Council
                         Nissan North America
                         Northern Sonoma County Air Pollution Control  
          District
                         Odyne Hybrid Systems
                         Pacific Gas and Electric Company
                         Parker Hannifin Corporation
                         Plug In America
                         Proterra
                         Quantum Technologies
                         Sacramento Municipal Utility District
                         San Diego Gas & Electric
                         Smith Electric Vehicles
                         Southern California Edison
                         Tesla Motors, Inc.
                         UPS
                         Union of Concerned Scientists
                         Zero Motorcycles

               OPPOSED:  None received.