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  




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          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  




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            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;




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             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  




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            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  




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            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,  




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               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




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                         Natural Resources Defense Council
                         Physicians for Social Responsibility-Los Angeles
                         Sierra Club California 
                         TransForm

               OPPOSED:  None received.