BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 621
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: gaines
VERSION: 4/2/13
Analysis by: Erin Riches FISCAL: yes
Hearing date: April 9, 2013
SUBJECT:
Vehicular diesel emissions: compliance
DESCRIPTION:
This bill requires the state Air Resources Board (ARB) to amend
its In-Use On-Road Heavy-Duty Diesel Vehicles regulation to
extend compliance dates by five years.
ANALYSIS:
Existing law requires 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. While ARB requires engine manufacturers to meet
strict pollution standards for newer engines, older engines are
often high-polluting. Accordingly, in 2008, ARB adopted the
In-Use On-Road Heavy-Duty Diesel Vehicles Regulation (commonly
referred to as the truck and bus rule), which requires diesel
trucks and buses that operate in California to be upgraded to
reduce emissions. The truck and bus rule specifically applies
to nearly all privately and federally owned diesel-fueled trucks
and buses, as well as privately and publicly owned school buses
with a gross vehicle weight rating greater than 14,000 pounds.
Other public fleets, solid waste collection trucks, and transit
buses are covered under other regulations, as are trucks that
transport marine containers.
The truck and bus rule generally requires owners to:
Retrofit heavier trucks with particulate matter filters
beginning January 1, 2012, and replace older trucks beginning
January 1, 2015. By January 1, 2023, nearly all trucks and
buses will need to have 2010 model-year engines or the
equivalent.
Retire buses that operate more than 1,000 miles per year and
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that were manufactured prior to April 1, 1977.
Install, by January 1, 2012, particulate filters on 33 percent
of the remaining bus fleet manufactured since 1977; 66 percent
of the fleet by January 1, 2013; and the entire fleet by
January 1, 2014.
The most common diesel emission control device is a diesel
particulate filter, which substitutes for the original factory
muffler. This device, if maintained properly, reduces harmful
air pollution from diesel engine exhaust before it is emitted
into the air. ARB evaluates and approves these devices to
ensure they meet specific particulate matter (PM) or nitrogen
oxide (NOx) emission reductions.
The truck and bus rule includes vehicles such as yard trucks
with on-road engines, yard trucks with off-road engines used for
agricultural operations, and two-engine street sweepers. The
truck and bus rule exempts any "low-use vehicle," defined as a
vehicle that will be operated fewer than 1,000 miles in
California per year, as well as emergency vehicles, snow-removal
vehicles, military vehicles, and privately owned motor homes.
This bill requires ARB to amend the truck and bus rule to extend
compliance dates by five years. Specifically, this bill
requires ARB to extend by five years all compliance dates in all
generally applied schedules and phase-in options, exemptions,
and delays included in the regulation.
COMMENTS:
1.Purpose . The author notes that California's small businesses
face significant costs to comply with the truck and bus rule.
The truck and bus rule also impacts non-profit entities that
run enterprises such as mobile blood banks and church buses,
leaving them potentially at risk of being unable to continue
carrying out their respective missions. The California
Construction Trucking Association argues that 60 percent of
its members are small businesses who in current economic
conditions cannot afford to meet the truck and bus rule's
deadlines. This bill provides additional time for these
businesses to comply.
2.The costs of delaying compliance . ARB points out that most
diesel trucks and buses last 20 years or longer and many have
little or no emission controls. As a result, these vehicles
emit large amounts of smog-forming NOx and PM. Altogether,
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trucks and buses account for about 32 percent of the statewide
emissions of NOx and about 40 percent of diesel PM emissions
from all mobile sources. In California, the number of
PM-related cardiopulmonary premature deaths from all sources
is 9,200 per year. The American Lung Association in
California notes that high emissions disproportionately affect
low-income communities and communities of color, particularly
those living near ports, rail yards, major roadways, and other
major sources of toxic diesel particulate pollution. ARB
projects that the truck and bus rule will reduce PM emissions
by about seven tons per day, reduce NOx emissions by about 88
tons per day, and help prevent approximately 3,500 premature
deaths in California by 2023. These emission reductions are
also necessary to meet federal clean air standards.
3.Fairness issue . Since the truck and bus rule has been in
effect for five years, many fleet owners have already invested
funds in compliance measures. Giving some fleet owners more
time to comply could put those who have invested to meet
existing deadlines at a competitive disadvantage.
4.Compliance assistance available . In addition to phasing in
the truck and bus rule's compliance deadlines, ARB offers
several forms of assistance to help fleets comply. For
example, fleets could have earned credits to delay compliance
for heavier trucks by installing a PM filter by July 1, 2011,
replacing a vehicle with a 2007 or newer engine by January 1,
2012, or purchasing a fuel efficient hybrid vehicle,
alternative fueled vehicle, or vehicle equipped with pilot
ignition engines. In addition, ARB and many local air
districts offer funding and loan assistance programs to help
pay a portion of retrofit costs or truck replacements.
5.Small fleet assistance also available . The truck and bus rule
includes a "small fleet option" specifically aimed at fleets
of one to three trucks. This option delays PM filter
requirements until 2014 and defers truck replacements until
2020 or later for heavier trucks (over 26,000 pounds).
Specifically, small fleet owners must retrofit one vehicle in
their fleet with a PM filter by 2014; two vehicles by 2015;
and three vehicles by 2016. Small fleet owners can also delay
heavier truck replacements until 2023 if they demonstrate that
all of their heavier vehicles are equipped with PM filters by
2014. Single truck owners can delay the PM filter requirement
for heavier trucks until 2014, and defer truck replacement
until 2023.
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6.Not everyone eligible for assistance . Although ARB offers
many forms of assistance, not all fleet owners qualify. For
example, many churches throughout the state operate buses to
help transport children to church, usually in low-income
neighborhoods. These churches point out that they do not have
the resources to retrofit and replace their buses, which tend
to be old, high-polluting buses purchased from school
districts replacing their fleets. Church buses, though
generally only operated once a week, do not log few enough
miles to qualify for the low-use exemption of 1,000 miles per
year. In addition, since the Constitution prohibits state
agencies from providing direct incentives to religious
organizations, churches do not qualify for ARB incentives.
Churches have sought to raise the low-use exemption to 5,000
miles per year; ARB denied the request and legislation last
year was unsuccessful (see "Previous legislation" below).
7.Usurping ARB's role ? The Legislature created ARB in 1967,
assigning it to promote and protect public health, welfare,
and ecological resources through the effective and efficient
reduction of air pollutants. ARB adopts regulations through a
lengthy public process that can take up to two years or more.
This bill raises the policy question of whether it is
appropriate to override ARB's authority by undoing decisions
taken during that public process. In addition, if this bill
becomes law, ARB must start a new rulemaking process to adopt
the changes to the truck and bus rule. The committee may wish
to consider whether triggering another rulemaking process on
an established regulation is an efficient use of state
resources.
8.Previous legislation . Two bills addressed the truck and bus
rule last year. AB 2024 (Mendoza) of 2012 stated legislative
intent that ARB establish a definition of "low-use vehicle,"
specific to tax-exempt churches and religious organizations,
that would raise the truck and bus rule's mileage exemption
limit from 1,000 miles per year to 5,000 miles per year. AB
2024 was held on the suspense file in the Assembly
Appropriations Committee. AB 344 (Mendoza) was amended late
in the 2011-2012 session to require ARB to define, for
tax-exempt non-profit organizations, a "low-use vehicle" as a
vehicle operated fewer than 5,000 miles in the state per year.
This bill was re-referred from the Senate Floor to the Senate
Transportation and Housing Committee, where it failed passage.
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9.Double Referral . The Rules Committee referred this bill to
both the Transportation and Housing Committee and to the Rules
Committee. Therefore, if this bill passes this committee, it
will be referred back to the Rules Committee, which may then
refer it to another policy committee or to Appropriations
Committee.
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POSITIONS: (Communicated to the committee before noon on
Wednesday, April 3,
2013.)
SUPPORT: Air Conditioning Trade Association
American Subcontractors Association California,
Inc.
California Construction Trucking Association
Plumbing-Heating-Cooling Contractors Association
of California
Western Electrical Contractors Association
OPPOSED: American Lung Association in California