BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 600
          Author:   Lieu (D)
          Amended:  5/28/13
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 4/30/13
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Vehicles:  alternative fuel conversions

            SOURCE  :     California Natural Gas Vehicle Coalition 
                      Western Propane Gas Association


           DIGEST  :    This bill requires the Air Resources Board (ARB) to  
          revise its procedures for small manufacturers seeking the ARB  
          certification of alternative fuel conversion systems.

           ANALYSIS  :    Existing law requires the ARB to adopt standards  
          and regulations on all classes of motor vehicles that will  
          result in, among other things, reductions in motor vehicle  
          exhaust and evaporative emissions.  Under this authority, the  
          ARB regulates both new and in-use vehicles, engines, and  
          equipment.

          Fuel conversion systems modify vehicles and engines so they can  
          run on different fuels than the ones for which they were  
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          originally designed.  Most alternative fuel conversions involve  
          reconfiguring a gasoline or diesel vehicle or engine to operate  
          on an alternative fuel such as natural gas, propane, alcohol, or  
          electricity.  Prior to selling a fuel conversion system, a  
          manufacturer must obtain the ARB certification to ensure that  
          the vehicle, engine, or equipment meets state emission  
          standards.  The ARB's alternative fuel conversion regulations  
          apply to all vehicles, regardless of age.  Although the ARB has  
          not updated these regulations since 1995, it is currently  
          conducting a rulemaking process to consider a number of  
          revisions.

          The federal Clean Air Act prohibits manufacturers from altering  
          a vehicle or engine from its certified configuration.  United  
          States Environmental Protection Agency (US EPA) regulations  
          exempt alternative fuel conversion manufacturers from this  
          prohibition if they can demonstrate that the conversion does not  
          compromise emissions compliance with federal clean air  
          standards.  US EPA recently amended its alternative fuel  
          conversion regulations in an attempt to streamline the  
          compliance process.  Among other things, the revised  
          regulations:

           1. Eliminates the requirement for manufacturers annually to  
             recertify the Clean Air Act exemption for each vehicle and  
             engine.

           2. Provides three sets of conversion certification  
             requirements, depending on vehicle and engine age.

           3. Allows manufacturers to use one set of data to support the  
             conversion certification application of a subsequent year's  
             test group or engine family.

           4. Allows manufacturers, for mixed-fuel and dual-fuel  
             conversions, to submit a statement of compliance in lieu of  
             test data on the original fuel if the manufacturer can attest  
             that the conversion maintains original certification  
             standards.

          This bill:

          1. Requires the ARB, beginning January 1, 2014, in reviewing  
             applications from small volume manufacturers for  

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             certification of alternative fuel conversion systems, to:

             A.    Automatically qualify alternative fuel conversion  
                certifications for after-market certifications on new  
                vehicles upon manufacturer request.

             B.    Use commercially available fuel for all required  
                emissions testing.

             C.    Conduct evaporative emissions testing on the added  
                alternative fuel system only when seeking to certify a  
                dual-fuel vehicle conversion.

          2. Requires the ARB, beginning January 1, 2014, to extend a new  
             vehicle or engine certification until December 31st of the  
             year following a given model year.

           Background
           
           US EPA vs. ARB standards  .  Federal law authorizes California to  
          carry out and enforce its own - more stringent - vehicle  
          emissions regulations for vehicles sold and registered in  
          California.  Federal law also allows other states to adopt  
          California's emissions regulations for new vehicles, which more  
          than a dozen states have done or are in the process of doing.   
          To obtain either federal or ARB certification, a converted  
          vehicle must meet the same emissions requirements as the  
          original vehicle.  The testing also ensures that the retrofit  
          system works properly with the on-board diagnostics system to  
          warn the driver, and record for a smog check technician, when  
          emissions exceed approved levels.  One of the key differences  
          between federal and state fuel conversion regulations is that  
          federal regulations provide different sets of requirements for  
          different vehicle ages; for example, US EPA regulations allow a  
          manufacturer to sell an after-market system under an expired  
          certification if the system is to be installed on a vehicle that  
          is more than two model years old.  In addition, the revised  
          federal regulations allow manufacturers to combine vehicle and  
          engine test groups, alleviating some of the costs to demonstrate  
          emissions benefits of alternative fuel systems.  

           Previous legislation

           SB 724 (Dutton, 2011) would have required the ARB to respond  

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          within 30 working days to an application for certification of a  
          new, carryover, or partial carryover on-road or off-road  
          vehicle, engine, or equipment family.  The Legislature passed SB  
          724 without a single "no" vote but Governor Brown vetoed the  
          bill.  His veto message stated that "this bill could interfere  
          with the iterative information gathering application approval  
          process, thereby rushing the process and inadvertently allowing  
          vehicles with defective emission components on the market."  

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

          According to the Senate Appropriations Committee, annual costs  
          of $483,000 (Motor Vehicle Account) for 3 positions at the ARB.   
          This includes one-time staff and workload costs to update the  
          regulatory package and testing procedures for alternative fuel  
          conversion certifications as well as ongoing costs for  
          additional workload.

           SUPPORT  :   (Verified  5/23/13)

          California Natural Gas Vehicle Coalition (co-source)
          Western Propane Gas Association (co-source)
          Clean Energy


           ARGUMENTS IN SUPPORT  :    The author's office states that the ARB  
          review and certification of a fuel conversion application can  
          take more than three months, while the US EPA performs the same  
          review in approximately two weeks.  Conversion companies  
          estimate that testing and paperwork for the US EPA certification  
          costs around $50,000, while the ARB certification can run  
          $300,000 or more.  In addition, the ARB-required test fuel can  
          cost $100 per gallon for natural gas as compared to $2 per  
          gallon for commercially available fuel.  By lowering the costs  
          and review time for certification, this bill enables small  
          volume manufacturers of alternative fuel conversion systems to  
          get cleaner vehicles on the road more quickly.  


          JA:d  5/28/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE


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