BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 359
          Author:   Corbett (D)
          Amended:  9/6/13
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Electric vehicles

           SOURCE  :     Author


           DIGEST  :    This bill provides money for Air Resources Board  
          (ARB) projects and programs aimed at encouraging the deployment  
          of zero-emission and hybrid vehicles.

           Assembly Amendments  delete the Senate version of the bill, and  
          instead add the current language.

           ANALYSIS  :    

          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  
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             alternative fuels and vehicles, vessels, and equipment  
             technologies. 

           2. Establishes the Vehicle Inspection and Repair Fund (VIR  
             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 Enhanced Fleet Modernization Program  
             (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 (HDVAQLP) to help  
             fleet owners comply with on-road heavy-duty vehicle  
             regulations.

          This bill: 

           1. Requires the State Controller to loan $40 million from the  
             VIR 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). 


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              C.    $10 million to ARB for the HDVAQLP. 

           1. Requires, by June 30, 2016, $30 million of the loan to be  
             repaid to the VIR Fund from a non-General Fund source, upon  
             appropriation by the Legislature with interest at the rate  
             earned by the Pooled Money 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  
             BAR for the EFMP.

           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 loans $30 million  
          to AQIP for use on both CVRP ($20 million) and HVIP ($10  
          million).  The money would be loaned from the VIR 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 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  

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          consumer rebates to partially offset the higher initial cost of  
          advanced technologies. 

           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." 

           HDVAQLP  .  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. 

           Prior/Related Legislation  

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          AB 8 (Perea) extends until January 1, 2024, extra charges on  
          vehicle registrations, boat registrations, and tire sales in  
          order to fund the AB 118 and Carl Moyer programs, including  
          AQIP.  The bill 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.  

          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 AQIP.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to Assembly Appropriations Committee: 

           1. This bill provides a one-time loan of $40 million from the  
             VIR 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  
             BAR from existing unallocated resources.


          JA:k  9/12/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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