BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1275 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: De LeÓn VERSION: 2/21/14 Analysis by: Erin Riches FISCAL: yes Hearing date: April 1, 2014 SUBJECT: Vehicle emissions reductions: Enhanced Fleet Modernization Program (EFMP) and Air Quality Improvement Program (AQIP) DESCRIPTION: This bill requires the state Air Resources Board (ARB) to expand EFMP to provide for ridesharing and car-sharing vouchers as an alternative to vehicle replacement vouchers. It also requires ARB to adopt a funding plan for projects under AQIP, adopt specified revisions to AQIP, and establish programs to increase access to and direct benefits for disadvantaged and low- and moderate-income communities from electric transportation. ANALYSIS: AB 118 (Núñez, Chapter 750, Statutes of 2007) establishes EFMP, AQIP, and the Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP). These programs are 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. Enhanced Fleet Modernization Program (EFMP) EFMP provides for the voluntary retirement of passenger vehicles and light- and medium-duty trucks that are high polluters. A vehicle need not have failed a smog test to qualify for EFMP, but it must meet ARB's definition of high-polluting. The vehicle must be currently registered as operable and must have been continuously registered for two years prior to the application, unless the owner can provide specified information SB 1275 (DE LEÓN) Page 2 to show the vehicle has been operated in the state during that period. EFMP has a statewide component and a local component. Under the statewide component, ARB administers a program, in consultation with the Bureau of Automotive Repair, to retire high-polluting vehicles. Under this program, EFMP offers a $1,500 voucher to low-income vehicle owners (household income at or below 225 percent of federal poverty level), or a $1,000 voucher to all other vehicle owners, to retire a high-polluting vehicle. EFMP retired approximately 25,000 high-polluting vehicles in 2012-13. Under the local component, ARB administers a program, authorized in the San Joaquin Valley Air Pollution Control District and the South Coast Air Quality Management District, to replace high-polluting vehicles. In addition to the retirement vouchers described above, the local EFMP program offers: A $2,500 voucher to low-income vehicle owners (household income at or below 225 percent of federal poverty level) to replace a high-polluting vehicle, by either purchasing a vehicle eight years old or newer, or using the voucher toward public transit. A $2,000 voucher to all other vehicle owners to replace a high-polluting vehicle by either purchasing a vehicle four years old or newer, or using the voucher toward public transit. EFMP has issued less than two dozen replacement vouchers since the program's inception in 2010, all in the South Coast Air Quality Management District. Air Quality Improvement Program (AQIP) ARB administers AQIP in consultation with local air districts. 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: The Clean Vehicle Rebate Program (CVRP), administered by ARB's contractor, the California Center for Sustainable Energy, provides rebates of up to $2,500 for purchasing or leasing a new zero-emission vehicle (ZEV) or plug-in hybrid electric vehicle. The Hybrid and Zero-Emission Truck and Bus Voucher Incentive SB 1275 (DE LEÓN) Page 3 Project (HVIP), administered by ARB and its contractor CALSTART, provides vouchers to California fleet owners to help purchase hybrid and zero-emission trucks and buses. AB 118 Advanced Technology Demonstration Projects, administered by ARB, provides grants to local air districts and other public agencies to fund advanced-technology vehicle, equipment, or emission-control projects that are not yet commercialized. The On-Road Heavy-Duty Vehicle Air Quality Loan Program (Truck Loan Assistance Program), administered by ARB and the California Pollution Control Financing Authority, provides loans to fleets to help implement ARB emissions reduction regulations related to trucks, buses, and heavy-duty (tractor-trailer) vehicles. Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP) ARFVTP, administered by the state Energy Commission, 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 requires ARB to expand EFMP to provide for ridesharing and car-sharing vouchers as an alternative to vehicle replacement vouchers. This bill also establishes the Charge Ahead California Initiative, to be administered by ARB in consultation with the state Energy Commission, local air pollution control districts and air quality management districts, and public stakeholders. Pursuant to this initiative, this bill requires ARB to: Adopt a nine-year funding plan, commencing in 2016-17, to fund programs and projects including, but not limited to: o CVRP; o HVIP; o AB 118 Advanced Technology Demonstration Projects; SB 1275 (DE LEÓN) Page 4 o ZEV and near-ZEV fueling infrastructure projects eligible under ARFVTP; o Light-duty, medium-duty, and heavy-duty ZEV and near-ZEV deployment projects eligible under ARFVTP; o Medium-duty and heavy-duty ZEV and near-ZEV technology demonstration projects eligible under ARFVTP; o Pre-commercial demonstration projects of advanced freight technology to move cargo in the state; and o Programs adopted pursuant to this bill to benefit disadvantaged communities. Adopt revisions to CVRP criteria and guidelines, by June 30, 2015, to: o Phase down rebate levels in multiyear increments based on cumulative sales levels, as determined by ARB; o Improve program effectiveness and ensure that the program better serves low- and moderate-income individuals; o Expand eligibility by enabling EFMP participants to obtain CVRP rebates for new and used CVRP-eligible vehicles; and o Consider conversion to point-of-sale rebates or other methods to increase participation rates. Adopt revisions to HVIP criteria and guidelines, by June 30, 2015, to ensure program eligibility for a truck or bus retrofitted or re-manufactured to be a ZEV or near-ZEV. Establish programs to increase access to, and direct benefits of, electric transportation for disadvantaged and low- and moderate-income communities, including but not limited to: o A loan or loss reserve credit enhancement program to increase consumer access to financing and leasing options for ZEVs and near-ZEVs. o Car-sharing programs that serve disadvantaged communities and incorporate ZEVs and near-ZEVs. o Deployment of charging infrastructure in multi-unit dwellings in disadvantaged communities. COMMENTS: 1.Purpose . The author states that accelerating the deployment of ZEVs and providing clean transportation choices are essential to achieving California's healthy air standards and greenhouse gas reduction targets and to reducing air pollution SB 1275 (DE LEÓN) Page 5 in the state's most heavily impacted communities. In addition, the use of electricity as a transportation fuel can help keep money in the state, stimulating the economy and insulating family budgets from gas price spikes, which hit lower-income households especially hard. The author states that money saved at the pump by charging up on electricity stays in California, creating 16 times more jobs than money spent on gasoline. Although California accounts for one-third of the country's electric vehicle sales, transforming the market to benefit all Californians will take a sustained, long-term commitment to better serve the state's most polluted communities. 2.EFMP regulations are a work in progress . SB 459 (Pavley) of 2013 (see "Previous legislation" below) requires ARB, in consultation with the Bureau of Automotive Repair (BAR), to update EFMP regulations by June 30, 2015. SB 459 requires the guidelines to include a variety of new policies, including allowing for retirement and replacement vouchers of larger amounts, focusing the program more heavily on lower-income owners, and streamlining program requirements to facilitate participation. ARB has been soliciting stakeholder input as it drafts the revised regulations. In March, ARB issued a white paper describing the proposed revisions; ARB is scheduled to vote on the final revised regulations in June. 3.AQIP also being revamped . AB 8 (Perea) of 2013 (see "Previous legislation" below) requires ARB and the Energy Commission to apply a benefit-cost score, as specified, when determining projects that will be awarded funds under ARFVTP and AQIP. In addition, board members directed ARB staff to develop a long-term vision for AQIP. ARB staff have been conducting public workshops and soliciting stakeholder input. ARB will release draft recommendations to the public in May; ARB will vote on the recommendations in June. The Energy Commission is similarly revising the solicitation process under ARFVTP. 4.Nine years is a long time . This bill requires ARB to adopt a nine-year funding plan for multiple programs. This appears to imply that ARB must establish funding levels for all of these programs for that period. Generally, these programs are funded through annual appropriations in the state budget. In addition, ARB generally evaluates these programs on an annual basis to determine the best breakdown of project types to fund; for example, perhaps incentives are no longer needed for a technology that has become cheaper, or perhaps a new SB 1275 (DE LEÓN) Page 6 technology has emerged that ARB would like to pursue. It may be appropriate to clarify this provision to provide ARB flexibility to annually adjust the plan. 5.Other issues to consider . As the bill moves forward, the author may wish to consider addressing the following issues: This bill includes specified ARFVTP-eligible projects in ARB's nine-year funding plan. Since ARVFTP is administered by the Energy Commission, it may not be appropriate for ARB to include those projects in its plan. This bill requires ARB to phase down CVRP rebate levels in "multiyear increments." It may be appropriate to provide ARB flexibility to adjust rebate levels more frequently to respond to market forces and program funding levels. This bill requires ARB to establish programs to increase access to and benefits of electric transportation for disadvantaged and low- and moderate-income communities, including deployment of charging infrastructure in multi-unit dwellings in disadvantaged communities. It may be appropriate to require ARB to consult with the state Energy Commission in establishing such programs. 1.Double-referral . The Rules Committee has referred this bill to both this committee and to the Rules Committee. Therefore, if this bill passes this committee, it will be referred to the Rules Committee. RELATED LEGISLATION: This committee will hear two related bills at today's hearing: SB 913 (De Saulnier) requires ARB and the Bureau of Automotive Repair to cooperate in issuing a specified number of vouchers through EFMP and the Consumer Assistance Program to retire high-polluting cars and a specified number of vouchers through EFMP to replace high-polluting cars. SB 1204 (Lara) creates a Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program to fund development, demonstration, pilot projects, and commercial deployment of zero- and near-zero-emission trucks, buses, SB 1275 (DE LEÓN) Page 7 and off-road vehicles and equipment technologies. The bill provides that the program shall be funded from the Greenhouse Gas Reduction Fund, and shall prioritize projects located in disadvantaged communities. PREVIOUS LEGISLATION: SB 359 (Corbett), Chapter 415, Statutes of 2013, provides $48 million in additional funding in the current fiscal year to ARB to support CVRP, HVIP, the Truck Loan Assistance Program, and EFMP. SB 459 (Pavley), Chapter 437, Statutes of 2013, requires ARB, in consultation with BAR, to update the EFMP guidelines as specified by June 30, 2015. AB 8 (Perea), Chapter 401, Statutes of 2013, extends until January 1, 2024, extra fees on vehicle registrations, boat registrations, and tire sales in order to fund EFMP, AQIP, ARFVTP, and specified other ARB programs that support the production, distribution, and sale of alternative fuels and vehicle technologies, as well as air emissions reduction efforts. It also suspends until 2024 ARB's authority to require through regulation any fuel supplier to provide hydrogen fueling stations and instead allocates up to $220 million of these fee funds to construct and operate retail hydrogen fueling stations. AB 8 also extends the authority of local air districts to impose vehicle registration surcharges in their areas to achieve air emission reductions from vehicles and off-road engines. POSITIONS: (Communicated to the committee before noon on Wednesday, March 26, 2014.) SUPPORT: American Lung Association of California Asian Pacific Environmental Network Breathe California CalPIRG CALSTART Catholic Charities Diocese of Stockton Communities for a Better Environment Coalition for Clean Air Environment California Greenlining Institute SB 1275 (DE LEÓN) Page 8 Natural Resources Defense Council Physicians for Social Responsibility-Los Angeles Sierra Club California TransForm OPPOSED: None received.