Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 857

Introduced by Assembly Member Perea

February 26, 2015

An act to amend Section 39719.2 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 857, as amended, Perea. California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.

The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and begin delete near-zero emission end delete begin insert near-zero-emission end insert truck, bus, and off-road vehicle and equipment technologies and related projects, as specified, with priority given to certain projects, including projects that benefit disadvantaged communities. begin insert The program, until January 1, 2018, requires no less than 20% of the funding made available for the purposes of technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. end insert

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This bill would make technical, nonsubstantive changes to these provisions.

end delete begin insert

This bill, between January 2, 2018, and January 1, 2023, inclusive, would require no less than 80% or $100,000,000, whichever is greater, of the moneys appropriated for technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology be allocated to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology that meets or exceeds a specified emission standard.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 39719.2 of the Health and Safety Code
is amended to read:

39719.2.  

(a) The California Clean Truck, Bus, and Off-Road
Vehicle and Equipment Technology Program is hereby created,
to be administered by the state board in conjunction with the State
Energy Resources Conservation and Development Commission.
The program, from moneys appropriated from the fund for the
purposes of the program, shall fund development, demonstration,
precommercial pilot, and early commercial deployment of zero-
and begin delete near-zero emission end delete begin insert near-zero-emission end insert truck, bus, and off-road
vehicle and equipment technologies. Priority shall be given to
projects benefiting disadvantaged communities pursuant to the
requirements of Sections 39711 and 39713.

(b) Projects eligible for funding pursuant to this section include,
but are not limited to, the following:

(1) Technology development, demonstration, precommercial
pilots, and early commercial deployments of zero- and begin delete near-zero
emission end delete begin insert near-zero-emission end insert medium- and heavy-duty truck
technology, including projects that help to facilitate clean
goods-movement corridors. begin delete Until January 1, 2018, no less than 20
percent of funding made available for purposes of this paragraph
shall support early commercial deployment of existing zero- and
near-zero emission heavy-duty truck technology. end delete

begin insert

(A) Until January 1, 2018, no less than 20 percent of funding
made available for the purposes of this paragraph shall support
early commercial deployment of existing zero- and
near-zero-emission heavy-duty truck technology.

end insert begin insert

(B) Between January 2, 2018, and January 1, 2023, inclusive,
no less than 80 percent or one hundred million dollars
($100,000,000), whichever is greater, of the moneys appropriated
for the purposes of this paragraph shall be allocated to support
the commercial deployment of existing zero- and
near-zero-emission heavy-duty truck technology that meets or
exceeds an emission standard of 0.02 grams per brake
horsepower-hour oxides of nitrogen, as described in the optional
low oxides of nitrogen emission standards in Section 1956.8 of
Title 13 of the California Code of Regulations.

end insert

(2) Zero- and begin delete near-zero emission end delete begin insert near-zero-emission end insert bus
technology development, demonstration, precommercial pilots,
and early commercial deployments, including pilots of multiple
vehicles at one site or region.

(3) Zero- and begin delete near-zero emission end delete begin insert near-zero-emission end insert off-road
vehicle and equipment technology development, demonstration,
precommercial pilots, and early commercial deployments, including
vehicles and equipment in the port, agricultural, marine,
construction, and rail sectors.

(4) Purchase incentives, which may include point-of-sale, for
commercially available zero- and begin delete near-zero emission end delete
begin insert near-zero-emission end insert truck, bus, and off-road vehicle and equipment
technologies and fueling infrastructure to support early market
deployments of alternative technologies and to increase
manufacturer volumes and accelerate market acceptance.

(5) Projects that support greater commercial motor vehicle and
equipment freight efficiency and greenhouse gas emissions
reductions, including, but not limited to, advanced intelligent
transportation systems, autonomous vehicles, and other freight
information and operations technologies.

(c) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall
develop guidance through the existing Air Quality Improvement
Program funding plan process for the implementation of this
section that is consistent with the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500)) and this chapter.

(d) The guidance developed pursuant to subdivision (c) shall
do all of the following:

(1) Outline performance criteria and metrics for deployment
incentives. The goal shall be to design a simple and predictable
structure that provides incentives for truck, bus, and off-road
vehicle and equipment technologies that provide significant
greenhouse gas reduction and air quality benefits.

(2) Ensure that program investments are coordinated with
funding programs developed pursuant to the California Alternative
and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon
Reduction Act of 2007 (Chapter 8.9 (commencing with Section
44270) of Part 5).

(3) Promote projects that assist the state in reaching its climate
goals beyond 2020, consistent with Sections 38550 and 38551.

(4) Promote investments in medium- and heavy-duty trucking,
including, but not limited to, vocational trucks, short-haul and
long-haul trucks, buses, and off-road vehicles and equipment,
including, but not limited to, port equipment, agricultural
equipment, marine equipment, and rail equipment.

(5) Implement purchase incentives for eligible technologies to
increase the use of the cleanest vehicles in disadvantaged
communities.

(6) Allow for remanufactured and retrofitted vehicles to qualify
for purchase incentives if those vehicles meet warranty and
emissions requirements, as determined by the state board.

(7) Establish a competitive process for the allocation of moneys
for projects funded pursuant to this section.

(8) Leverage, to the maximum extent feasible, federal or private
funding.

(9) Ensure that the results of emissions reductions or benefits
can be measured or quantified.

(10) Ensure that activities undertaken pursuant to this section
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminants.

(e) In evaluating potential projects to be funded pursuant to this
section, the state board shall give priority to projects that
demonstrate one or more of the following characteristics:

(1) Benefit disadvantaged communities pursuant to Sections
39711 and 39713.

(2) The ability to leverage additional public and private funding.

(3) The potential for cobenefits or multiple-benefit attributes.

(4) The potential for the project to be replicated.

(5) Regional benefit, with focus on collaboration between
multiple entities.

(6) Support for technologies with broad market and emissions
reduction potential.

(7) Support for projects addressing technology and market
barriers not addressed by other programs.

(8) Support for enabling technologies that benefit multiple
technology pathways.

(f) To assist in the implementation of this section, the state
board, in consultation with the State Energy Resources
Conservation and Development Commission, shall create an annual
framework and plan. The framework and plan shall be developed
with public input and may utilize existing investment plan
processes and workshops as well as existing state and third-party
research and technology roadmaps. The framework and plan shall
do all of the following:

(1) Articulate an overarching vision for technology development,
demonstration, precommercial pilot, and early commercial
deployments, with a focus on moving technologies through the
commercialization process.

(2) Outline technology categories and performance criteria for
technologies and applications that may be considered for funding
pursuant to this section. This shall include technologies for
medium- and heavy-duty trucking, including, but not limited to,
vocational trucks, short-haul and long-haul trucks, buses, and
off-road vehicles and equipment, including, but not limited to, port
equipment, agricultural equipment, construction equipment, marine
equipment, and rail equipment.

(3) Describe the roles of the relevant agencies and the process
for coordination.

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(g) For purposes of this section, “zero- and near-zero emission”
means vehicles, fuels, and related technologies that reduce
greenhouse gas emissions and improve air quality when compared
with conventional or fully commercialized alternatives, as defined
by the state board in consultation with the State Energy Resources
Conservation and Development Commission. “Zero- and near-zero
emission” may include, but is not limited to, zero-emission
technology, enabling technologies that provide a pathway to
emissions reductions, advanced or alternative fuel engines for
long-haul trucks, and hybrid or alternative fuel technologies for
trucks and off-road equipment.

end delete begin insert

(g) For purposes of this section, the following terms have the
following meanings:

end insert begin insert

(1) “Heavy-duty truck” means a vehicle that has a gross vehicle
weight rate (GVWR) of 26,001 pounds or more.

end insert begin insert

(2) “Zero- and near-zero-emission” means vehicles, fuels, and
related technologies that reduce greenhouse gas emissions and
improve air quality when compared with conventional or fully
commercialized alternatives, as defined by the state board in
consultation with the State Energy Resources Conservation and
Development Commission. “Zero- and near-zero-emission” may
include, but is not limited to, zero-emission technology, enabling
technologies that provide a pathway to emissions reductions,
advanced or alternative fuel engines for long-haul trucks, and
hybrid or alternative fuel technologies for trucks and off-road
equipment.

end insert