BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1204| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1204 Author: Lara (D) and Pavley (D), et al. Amended: 8/22/14 Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/1/14 AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso, Lara, Liu, Pavley, Roth, Wyland SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-1, 4/30/14 AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley NOES: Fuller SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/23/14 AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg NOES: Walters SENATE FLOOR : 26-10, 5/27/14 AYES: Beall, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Lieu, Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Torres, Wolk NOES: Anderson, Berryhill, Fuller, Huff, Knight, Morrell, Nielsen, Vidak, Walters, Wyland NO VOTE RECORDED: Calderon, Liu, Wright, Yee ASSEMBLY FLOOR : 59-16, 8/27/14 - See last page for vote SUBJECT : Vehicle emissions reductions SOURCE : Author CONTINUED SB 1204 Page 2 DIGEST : This bill creates a California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program (Technology Program) to fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. This bill provides that the Technology Program shall be funded from the Greenhouse Gas Reduction Fund (GGRF), and shall prioritize projects located in disadvantaged communities. Assembly Amendments add projects that support greater commercial motor vehicle and equipment freight efficiency and greenhouse gas (GHG) emissions reductions, as specified to the list of projects eligible to be funded; require until January 1, 2018, no less than 20% of funding made available support early commercial deployment of existing zero- and near-zero emission heavy duty truck technology; delete the provision which specified that eligible projects do not include projects required to be undertaken pursuant to state or federal law, district rules or regulations, or other legally binding agreements; and make technical and clarifying changes. ANALYSIS : California Global Warming Solution Act of 2006 and GGRF AB 32 (Núñez, Chapter 488, Statutes of 2006) requires the Air Resources Board (ARB) to develop a plan of how to reduce emissions to 1990 levels, by 2020. AB 32 also requires ARB to ensure that GHG emission reduction requirements and programs, to the extent feasible, direct public and private investment toward the most disadvantaged communities in the state. It authorizes ARB to adopt a schedule of fees to be paid by GHG emission sources regulated under AB 32 and deposited into the GGRF (commonly known as cap-and-trade), available upon appropriation by the Legislature to carry out AB 32 requirements. SB 535 (De Leon, Chapter 830, Statutes of 2012) requires the Department of Finance, when developing the three-year investment plan for cap-and-trade monies, to allocate 25% of these funds to projects that provide benefits to disadvantaged communities, and CONTINUED SB 1204 Page 3 to allocate a minimum of 10% of available cap-and-trade monies to projects located within disadvantaged communities. The bill outlines a process to identify these communities and allows for periodic modification as necessary. Air Quality Improvement Program (AQIP) AB 118 (Núñez, Chapter 750, Statutes of 2007) establishes the AQIP, administered by ARB in consultation with local air districts. AQIP is funded through surcharges on vehicle registration fees, a portion of vessel registration fees, a portion of the Smog Abatement Fee (paid to register vehicles less than six model years old and therefore exempt from smog check), and an increase in the fee for identification plates for various types of vehicles, such as farm trailers and logging vehicles, operated on public roads. AQIP provides competitive grants to fund projects to improve the air quality impacts of alternative fuels and vehicles, vessels, and equipment technologies. AQIP encompasses several programs, including the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP). HVIP, which is administered by ARB and its contractor, CALSTART, provides vouchers to California fleet owners to help purchase hybrid and zero-emission trucks and buses. Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP) AB 118 also establishes the ARFVTP, administered by the California Energy Commission (CEC). ARFVTP provides funding for development and deployment of alternative and renewable fuels and advanced transportation technologies to help attain the state's climate change goals. Eligible projects include, for example, development, improvement, and production of alternative and renewable low-carbon fuels; improvement of light-, medium-, and heavy-duty vehicle technologies; and expansion of infrastructure connected with existing fleets, public transit, and transportation corridors. This bill: 1.Establishes the Technology Program, administered by ARB in conjunction with CEC, and requires the Technology Program fund CONTINUED SB 1204 Page 4 development, demonstration, pre-commercial pilot and early commercial deployment of zero-and near-zero emission truck, bus, and off-road vehicle and equipment technologies from monies appropriated to the Technology Program from GGRF. 2.Specifies expenditure of the Technology Program funds include, but not limited to, projects that: A. Develop technology, demonstrate, and pilot commercial deployment of zero and near-zero emission medium- and heavy-duty truck technology, including projects that facilitate clean goods movement with no less than 20% of funding going toward early commercial deployment of existing zero and near-zero emission heavy duty truck technology until January 1, 2018. B. Develop zero and near-zero emission bus technology, demonstrate pre-commercial pilots, and provide early commercial deployments, including pilots of multiple vehicles at one site or region; C. Develop, demonstrate, pilot, and deploy zero and near-zero emission off-road vehicle and equipment in port, agricultural, marine, construction, and rail sectors; D. Develop purchase incentives, which may include point-of-sale incentives, for commercially available zero and near-zero emission truck, bus, and off-road vehicle and equipment technologies and fueling infrastructure to accelerate market acceptance; and E. Develop projects that support greater commercial motor vehicle and equipment freight efficiency and GHG emissions reductions, including advanced intelligent transportation systems, autonomous vehicles, and other freight information and operations technologies. 1.Requires that ARB, in consultation with CEC, develop guidance, as specified, for the implementation of the Technology Program. 2.Requires ARB, in consultation with CEC, to create an annual framework and plan that articulates the overarching vision for the Technology Program, outlines performance criteria, and CONTINUED SB 1204 Page 5 describes agency roles. 3.Requires, in evaluating potential projects to be funded, ARB give priority to projects that demonstrate one or more of the following characteristics: A. Benefit to disadvantaged communities. B. The ability to leverage additional public and private funding. C. The potential for cobenefits or multiple-benefit attributes. D. The potential for the project to be replicated. E. Regional benefit, with focus on collaboration between multiple entities. F. Support for technologies with broad market and emissions reduction potential. G. Support for projects addressing technology and market barriers not addressed by other programs. H. Support for enabling technologies that benefit multiple technology pathways. 1.Defines "zero and near-zero emission" to mean vehicles, fuels, and related technologies that reduce GHG emissions when compared with conventional or fully commercialized alternatives, as defined by ARB, in consultation with CEC. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee: 1.Unknown ongoing cost pressures to fund the Technology Program expenditures and grants, likely in the tens of millions of dollars annually GGRF. 2.Increased annual costs to ARB, from the GGRF, of approximately $450,000 to develop eligibility criteria for zero emission bus CONTINUED SB 1204 Page 6 and truck retrofits and remanufactures. 3.Increased annual costs to ARB, from the GGRF, of approximately $200,000 to augment the AQIP program plan and guidelines to provide guidance to the Technology Program. 4.Increased annual costs to ARB, from the GGRF, to develop and implement non-vehicle projects that support greater freight efficiency and GHG reductions. 5.One-time costs to the CEC, from the GGRF, to assist in the development of a multiyear framework and plan. Ongoing absorbable costs. SUPPORT : (Verified 8/27/14) Breathe California California Association of Port Authorities California Bus Association California League of Conservation Voters California Natural Gas Vehicle Coalition California Trucking Association CALSTART Center for Transportation and the Environment Cities of Long Beach and Salinas Coalition for Clean Air Communities for a Better Environment Environment California Environmental Defense Fund Los Angeles County Metropolitan Transportation Authority Natural Resources Defense Council Sierra Club of California SoCalGas South Coast Air Quality Management District The Greenlining Institute Union of Concerned Scientists UPS OPPOSITION : (Verified 8/27/14) California Chamber of Commerce California League of Food Processors California Manufacturers and Technology Association CONTINUED SB 1204 Page 7 ARGUMENTS IN SUPPORT : The author's office notes that 40% of California's contribution to climate pollution comes from cars, trucks, trains, and other mobile sources. While technology for light-duty cars has progressed significantly, making it widely available for commercial use, technology for heavy-duty trucks and buses is severely lagging. It is essential to reduce GHG emissions and improve air quality in areas that suffer disproportionately from air pollution, such as those near ports or major transportation corridors. The region surrounding the ports of Los Angeles and Long Beach, for example, ranks as one of the most polluted in the country. The author's office states that this bill will make it easier for truck owners to transition to zero- and near-zero technology and improve the health of millions of Californians who live in communities that are burdened daily by transportation-related pollution. ARGUMENTS IN OPPOSITION : The California Chamber of Commerce (CalChamber) writes: CalChamber supports the cost-effective implementation of AB 32. [ARB]'s decision to arbitrarily withhold and sell (auction) allowances will raise billions of dollars at the expense of California businesses and consumers. This approach runs contrary to expressed goals of AB 32, which is maximizing benefits and minimizing leakage risks and costs. As CalChamber has long held, [ARB] lacks authority to raise revenue through the auction of allowances. Given the substantial legal uncertainties surrounding [ARB]'s authority to impose an auction, expending the proceeds is premature; therefore we must respectfully OPPOSE SB 1204 (Lara) which seeks to fund zero and near-zero emission truck, bus, and off-road vehicle and equipment technologies with AB 32 auction revenues. ASSEMBLY FLOOR : 59-16, 8/27/14 AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley, Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall, Roger Hernández, Holden, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian, Pan, Patterson, Perea, John A. Pérez, V. Manuel CONTINUED SB 1204 Page 8 Pérez, Quirk, Quirk-Silva, Rendon, Rodriguez, Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, Atkins NOES: Allen, Conway, Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Jones, Logue, Mansoor, Melendez, Nestande, Wagner, Waldron, Wilk NO VOTE RECORDED: Bigelow, Harkey, Olsen, Ridley-Thomas, Vacancy JA:k 8/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED