BILL ANALYSIS Ó
AB 808
Page 1
ASSEMBLY THIRD READING
AB
808 (Ridley-Thomas)
As Amended May 4, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Business & |13-0 |Bonilla, Jones, | |
|Professions | |Baker, Bloom, | |
| | |Chang, Dodd, | |
| | |Eggman, Gatto, | |
| | |Holden, Mullin, | |
| | |Ting, Wilk, Wood | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |15-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 808
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SUMMARY: Expands the authority of the California Department of
Food and Agriculture (Department) to include alternative fuels, as
defined; requires the method of sale for all fuels to be
consistent with national standards; expands the Department's
authority over new automotive products, including diesel exhaust
fluid and glycerin as an engine coolant; and makes other
conforming changes. Specifically, this bill:
1)Revises existing definitions relating to petroleum and hydrogen
fuels, deletes the use of the term "petroleum" throughout these
provisions, and defines the following terms:
a) "Alternative fuels" which include biodiesel, biodiesel
blend, dimethyl either, electricity, ethanol, ethanol fuel
blend, hydrogen, methanol fuel blend, natural gas, propane,
all defined under this bill, and any other fuel intended for
use as a motor vehicle fuel that the Secretary of Department
of Food and Agriculture determines is an alternative fuel.
b) "Engine fuel," which include any gasoline, diesel, or
alternative fuel used for the general of power in an internal
combustion engine or fuel cell in a motor vehicle, or
electrical power delivered conductively or inductively to an
electronic motor in electric or plug-in hybrid vehicles, and
defines "motor fuel' to mean "engine fuel."
c) "Motor vehicle fuel" which means an engine fuel intended
for consumption in, including, but not limited to, an
internal combustion engine, fuel cell, or electric motor to
produce power to self-propel a vehicle designed for
transporting persons or property on a public street or
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highway.
2)Revises provisions relating to the regulation of motor vehicle
fuels and lubricants to include alternative fuels, as specified,
thereby extending the Department the authority to regulate
alternative fuels, including by setting standards specific to
those types of alternative fuels based on standards established
by various standards development organizations.
3)Requires the Secretary to establish the method of sale of motor
vehicle fuels and lubricants sold at retail to the public by
adopting, by reference, the latest method of sale for motor
vehicle fuels and lubricants published in the National Institute
of Standards and Technology (NIST) Handbook 130-2015, except as
specifically provided by the Legislature or modified, amended,
or rejected by regulations adopted by the Secretary, and
authorizes, in the absence of national standards, the Secretary
to adopt interim standards of method of sale until the time when
the standards are adopted by the National Conference on Weights
and Measures.
4)Makes alternative fuels subject to the same, or similar,
advertising, hours of business, price indications, labeling,
price sign advertising, inducements, and other standards as
other types of motor vehicle fuels, except as specified.
5)Exempts electricity from meeting certain labeling standards for
motor vehicle fuels, and from certain advertising standards, as
specified.
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6)Defines "diesel exhaust fluid" and requires the Secretary to
establish the method of sale of diesel exhaust fluid sold at
retail to the public, as specified.
7)Extends the enforcement ability of the Department to these added
motor vehicle fuels and automotive products.
8)Makes additional conforming and related changes.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor and absorbable impacts to the Department.
COMMENTS:
Purpose. This bill is sponsored by the Department. According to
the author, "California is at the forefront of alternative and
renewable fuel and vehicle technology. As more vehicles in
California are powered by alternative fuels, it is imperative that
the state protect its consumers and businesses by providing clear
standards and guidelines to prevent consumer confusion and unfair
business practices that could harm the marketplace. This bill
will provide the necessary regulatory framework to ensure that
alternative motor vehicle fuels and automotive products are
regulated in a similar manner as traditional fuels and automotive
products."
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Background. The Department is the only state agency with the
authority to regulate the quality of fuel and automotive products.
No other state agency has the authority to regulate weights and
measures laws, advertising, labeling, and fuel quality
requirements for motor vehicle fuels and automotive products.
According to the author, for over eight years, the Department has
had oversight authority of the quality of conventional fuels sold
in California. All fuels must comply with fuel quality standards,
advertising, and labeling requirements found in the Business and
Professions Code.
Governor's Executive Order B-16-2012. Recognizing the multiple
benefits of zero-emission vehicles (ZEVs), as well as challenges
to growing the market, Governor Brown issued Executive Order
B-16-2012 on March 23, 2012, that directed California to
"encourage the development and success of zero-emission vehicles
to protect the environment, stimulate economic growth and improve
the quality of life in the State." The Governor's Executive Order
sets a long-term target of reaching 1.5 million ZEVs on
California's roadways by 2025. The Executive Order also sets a
longer term target of reducing transportation-related greenhouse
gas emission by 80% below 1990 levels by 2050. The Executive
Order established several milestones on a path toward 1.5 million
ZEVs in California by the year 2025. The 2013 ZEV Action Plan was
subsequently released, which identifies specific strategies and
actions that state agencies will take to meet milestones of the
executive order.
According to the 2013 ZEV Action Plan, accelerating the market for
ZEVs is a cornerstone of California's long-term transportation
strategy to reduce localized pollution and greenhouse gas
emissions, save consumers money, and enable continued economic
growth. The Governor's Executive Order and the action plan
concentrate on advancing ZEVs, recognizing the timely opportunity
to accelerate use of this commercially available technology.
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The first goal under the ZEV Action Plan includes completing
needed infrastructure and planning. The plan specifies the
following action items the Department is responsible for,
including: 1) supporting the development of standards for
electric chargers and hydrogen stations to ensure that drivers
understand charging and fueling costs; 2) installing signage at
public electric charging stations and hydrogen stations that
informs drivers of prices per unit of measure, applicable charging
voltages and filling pressures; and 3) enacting necessary
legislation, regulations, standards or certifications to enable
hydrogen to be sold commercially on per kilogram basis and
electricity on a single unit of measure basis (e.g.,
kilowatt-hour), as specified.
Regulations of Motor Vehicle Fuels. According to the Department,
in order for the Department to comply with Executive Order
B-16-12, existing law must be amended to allow the legal sale of
alternative motor vehicle fuels. While existing law defines
petroleum products and motor vehicle fuels, it does not adequately
define "alternative motor vehicle fuels." As a result, the
Department is restricted from establishing fuel quality
specifications that would protect consumers from substandard
products and regulate advertising for these new alternative fuels.
Defining these terms and incorporating them throughout these
provisions gives the Department clear authority to regulate fuel
quality, advertising, and labeling, thereby protecting consumers.
Specifically, to provide the type of infrastructure necessary
under the ZEV action plan, it is necessary to ensure: that ZEV
fuels can be sold commercially to mainstream consumers on a single
unit of measurement basis; price transparency for ZEV fuels, which
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supports the development of standards for electric chargers and
street sign advertising to ensure consumers understanding costs;
and that ZEV fuels can legally be sold as a retail transportation
fuel. While hydrogen is currently defined, electricity, and other
alternative fuels, are not, which is what this bill seeks to do.
In addition, existing law requires sellers or motor vehicle fuels
to adhere to certain pricing, labeling, and advertising
requirements, and requires fuels advertised for sale to be in
prices relating to gallons or liters. However, not all
alternative fuels will be sold in these volumetric units of
measurement. This bill would allow the Department to ensure
consumers are informed by giving the Department the authority to
establish a single consistent method of sale, advertising, and
labeling for motor vehicle fuels, including alternative fuels.
In addition, according to the Department, existing law does not
provide the Department with the authority to protect against
substandard fuels and automotive products, which could negatively
impact vehicle emissions and mileage performance, and damage
engines and fuel cells. This bill would make clear that the
Department has the enforcement capability necessary to ensure
standards are met.
Analysis Prepared by: Eunie Linden / B. & P. /
(916) 319-3301 FN: 0000524
AB 808
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