BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1691 (Gipson) - Vehicular air pollution:  vehicle retirement
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: August 3, 2016         |Policy Vote: T. & H. 7 - 0,     |
          |                                |          E.Q. 5 - 0            |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: August 8, 2016    |Consultant: Mark McKenzie       |
          |                                |                                |
           ----------------------------------------------------------------- 


          This bill meets the criteria for referral to the Suspense File.



          Bill  
          Summary:  AB 1691 would require the California Air Resources  
          Board (CARB) to develop guidelines for the Plus-Up Pilot Project  
          and update guidelines for the Enhanced Fleet Modernization  
          Program (EFMP) by January 1, 2018 in order to reduce application  
          backlogs and waiting lists, target resources for the  
          lowest-income disadvantaged communities, and prioritize older,  
          higher-polluting vehicles for incentives, as specified.  


          Fiscal  
          Impact:  
           One-time CARB costs of up to $163,000 (Enhanced Fleet  
            Modernization Subaccount) to update EFMP guidelines and  
            establish Plus-Up Pilot Project guidelines, as specified, by  
            January 1, 2018.

           Unknown cost pressures on the Greenhouse Gas Reduction Fund  







          AB 1691 (Gipson)                                       Page 1 of  
          ?
          
          
            (GGRF), potentially in the millions annually through 2021-22,  
            as a result of codified intent language that the number of  
            vehicles replaced under the Plus-Up Pilot Project is increased  
            annually. 


          Background:  The Consumer Assistance Program (CAP) was created to encourage  
          voluntary accelerated vehicle retirement ("car scrap") which  
          provides monetary incentives to vehicle owners to retire older,  
          high-polluting vehicles.  Under this program owners who scrap  
          their vehicles are given $1,000 ($1,500 for low income  
          consumers) for vehicles that have failed their last smog test.
          Existing state law establishes the EFMP, administered by CARB  
          and the Bureau of Automotive Repair.  EFMP provides for the  
          voluntary retirement of passenger vehicles and light- and  
          medium-duty trucks that are high polluters.  Unlike CAP, EFMP  
          allows vehicles to be retired without first having to fail a  
          smog test, and offers a $1,000 voucher ($1,500 for low-income  
          owners) to retire a high-polluting vehicle.  


          EFMP includes a vehicle replacement component, referred to as  
          EFMP Plus-Up, which is operated by the San Joaquin and South  
          Coast air districts, both of which are designated as extreme  
          non-attainment areas for ozone, in partnership with CARB.  Under  
          EFMP Plus-Up, a low-income owner who lives in one of these  
          districts can get a $2,500 "replacement" voucher in addition to  
          the $1,500 base EFMP "retirement" voucher.  The owner may use  
          the funds to either purchase a car that is less than eight years  
          old, or to obtain a public transit voucher.  If a low-income  
          owner lives within a disadvantaged community in one of these air  
          districts, and wants to purchase a hybrid, plug-in hybrid, or  
          battery electric vehicle, he or she can "stack" additional  
          incentives on top of these two vouchers.  While the program  
          allows individuals to trade in their high-polluting cars for  
          cleaner gas-powered cars, greater incentives are provided if the  
          individual opts to purchase a hybrid, hybrid-electric, or fully  
          electric vehicle.  Depending on income and the type of  
          replacement vehicle, the owner can get incentives worth up to  
          $12,000 total toward the purchase of a new car.


          EFMP is funded through vehicle surcharges, whereas EFMP Plus-Up  
          has been funded through GGRF moneys.  For 2015-16, funding for  








          AB 1691 (Gipson)                                       Page 2 of  
          ?
          
          
          EFMP and EFMP Plus-Up is around $12.8 million which ARB  
          estimates will provide incentives for about 1,500 vehicles. In  
          the 2016-17 fiscal year, proposed funding for both programs  
          totals $37.4 million ($30 million of which is GGRF), and would  
          provide incentives for about 4,500 vehicles.  EFMP Plus-Up Pilot  
          Program was funded in 2015-16 with $20 million from GGRF.  The  
          2016-17 investment plan for CARB's low carbon transportation  
          investments proposes $30 million from GGRF. 




          Proposed Law:  
            AB 1691 would require CARB to develop guidelines for the  
          Plus-Up Pilot Project and update guidelines for the EFMP by  
          January 1, 2018 to ensure all of the following:
           That each air district participating in either program that  
            has a backlog or waiting list for applicant develop a plan  
            with recommendations to CARB on how to eliminate the backlog  
            or waiting list.
           That specific steps are taken to ensure the respective  
            programs are not being misused, including random income  
            eligibility verification and contact with program participants  
            at least once after a vehicle is replaced.
           Inclusion of mandatory partnerships with, and a minimum amount  
            of funding allocated to outreach for, community-based  
            organizations to ensure accessibility for the lowest-income  
            disadvantaged communities.  Districts must submit an outreach  
            and partnership report to CARB every six months after July 1,  
            2018.
           The programs have enhanced prescreening of applicants, if it  
            is determined by CARB to be appropriate.
           Priority is given to retirement or replacement of vehicles  
            that are 15 years or older with more than 75,000 miles.  With  
            respect to the EFMP, this requirement only applies to the  
            portion of the program focused on disadvantaged communities.

          The bill authorizes participating air districts to submit the  
          specified outreach and partnership report in combination with  
          another report that must be submitted to CARB at least annually.  
           SB 1691 also states legislative intent that the efforts of the  
          Plus-Up Pilot Project are focused on disadvantaged communities  
          and that the number of vehicles replaced is increased annually.   
          The bill's provisions would sunset on July 1, 2022.








          AB 1691 (Gipson)                                       Page 3 of  
          ?
          
          


          Related  
          Legislation:  AB 1965 (Cooper) would require CARB to update its  
          EFMP guidelines to expand the EFMP Plus-Up program in  
          disadvantaged communities and in areas with poor air quality, as  
          specified.  That bill failed passage in the Senate Environmental  
          Quality Committee this year.


          Staff  
          Comments:  EFMP Plus-Up has been particularly successful in the  
          San Joaquin Valley, resulting in the retirement of 292  
          high-polluting vehicles in the first six months of the program.   
          The San Joaquin Valley program uses "grass roots" advertising  
          and outreach to invite low- and moderate-income vehicle owners  
          to participate in events where they can get a free smog test and  
          undergo pre-screening to determine whether they are eligible for  
          various incentives.  The South Coast program uses more  
          traditional outreach tools such as flyers, billboards, and  
          websites.  While the South Coast program is also successful,  
          with a long wait list, it does not currently offer pre-screening  
          services that would enable staff to prioritize applications for  
          the oldest, highest polluting cars.  This bill would require  
          CARB to enact updated guidelines to standardize the programs in  
          participating air districts to ensure consistency in the  
          administration of the EFMP and Plus-Up programs.
          Staff notes that current law does not explicitly mention the  
          Plus-Up program in statute.  This bill would codify the program  
          by requiring CARB to develop guidelines for the program, and  
          place the requirements within the provisions of the Health and  
          Safety Code pertaining to the Air Quality Improvement Program, a  
          program administered by CARB to fund air quality improvement  
          projects relating to fuel and vehicle technologies.  It is  
          unclear why the Plus-Up provisions of this bill are placed  
          within the AQIP statutes.




          Recommended  
          Amendments:  Staff recommends that the bill be amended to remove  
          GGRF cost pressures by deleting legislative intent that the  
          number of vehicles replaced under the Plus-Up Pilot Project is  








          AB 1691 (Gipson)                                       Page 4 of  
          ?
          
          
          increased annually.  (page 3, lines 31-32 of the bill)


                                      -- END --