BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            SB 1405
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          |Author:    |Pavley                                               |
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          |Version:   |4/13/2016              |Hearing      | 4/20/2016      |
          |           |                       |Date:        |                |
          |-----------+-----------------------+-------------+----------------|
          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rebecca Newhouse                                     |
          |           |                                                     |
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          SUBJECT:  Zero-emission vehicles:  transportation systems

            ANALYSIS:
          
          Existing law:  
          
          1) Provides the California Air Resources Board (ARB) with  
             primary responsibility for control of mobile source air  
             pollution, including adoption of rules for reducing vehicle  
             emissions and the specification of vehicular fuel  
             composition. (Health and Safety Code §39000 et seq. and  
             §39500 et seq.) 


          2) Directs ARB to implement motor vehicle emission standards,  
             in-use performance standards, and motor vehicle fuel  
             specifications for the control of air contaminants and  
             sources of air pollution that ARB finds to be necessary, cost  
             effective, and technologically feasible, unless preempted by  
             federal law.  (HSC §43013 et seq.)


          3) Establishes the Charge Ahead Initiative administered by ARB  
             with the goals of reaching at least one million zero-emission  
             and near-zero-emission vehicles by January 1, and increasing  
             accessibility for disadvantaged, low-income, and  
             moderate-income communities.  ARB is required to establish  
             programs that further increase access to and direct benefits  
             for disadvantaged, low-income, and moderate-income  
             communities and consumers from electric transportation.  (HSC  







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             §44258 et seq.) 

          4) Under the California Global Warming Solutions Act of 2006,  
             requires ARB to determine the 1990 statewide greenhouse gas  
             (GHG) emissions level and approve a statewide GHG emissions  
             limit that is equivalent to that level, to be achieved by  
             2020, and to adopt GHG emissions reductions measures by  
             regulation.  ARB is authorized to include the use of  
             market-based mechanisms to comply with these regulations.   
             (HSC §38500 et seq.)  










































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          This bill:  

          1) Requires ARB to revise regulations relating to zero-emission  
             vehicle standards to expand the definition of "transportation  
             systems eligible for zero-emission vehicle credits" to  
             include entities utilizing fleets of zero-emission vehicles,  
             including rental car companies, transportation network  
             companies, taxicab companies, and car-sharing companies, to  
             the extent their operations involve ridesharing features that  
             reduce per-passenger emissions.

          2) Requires ARB to conduct a study to determine the feasibility  
             and efficacy of providing grants to transit operators to  
             subsidize rides for disadvantaged communities through  
             zero-emission vehicles used by transportation systems  
             eligible for zero-emission vehicle credits, in a manner that  
             complements the transit operator's service.  

            Background
          
          1) Zero Emission Vehicle regulation. The Zero Emission Vehicle  
             (ZEV) Regulation requires large volume and intermediate  
             volume vehicle manufacturers that sell cars in California to  
             produce ZEVs (such as battery electric and fuel cell  
             vehicles), clean plug-in hybrids, clean hybrids and clean  
             gasoline vehicles with near-zero tail pipe emissions.  In  
             general, the ZEV regulation requires that 15% of new car  
             sales be ZEVs by 2025. This target is intended to achieve 1.5  
             million ZEVs on the road by 2025 as directed under Governor  
             Brown's Executive Order B-16-2012.

             To meet the ZEV requirement under the regulation,  
             manufacturers selling vehicles in California must offer for  
             sale a certain percentage of ZEVs each year, or must purchase  
             credits from other manufacturers.  These credits are  
             generated by manufacturers that supply more ZEVs than the  
             required amount. 

             In 2001, the regulation was amended to allow auto  
             manufacturers to receive additional ZEV credits for  
             "transportation systems," which the regulation specifies as  
             projects that demonstrate shared use of ZEVs, and  
             technologies such as reservation management, card systems,  








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             location management, charge billing and real-time wireless  
             information systems.  Additional ZEV credits are available if  
             the project also includes linkage to transit. 

             In general, ZEV credits go to vehicle manufacturers, but the  
             "transportation systems" credits can be granted to varying  
             entities.  For example, a third-party such as ZipCar can  
             apply for transportation system ZEV credits and then sell the  
             ZEV credits in the credit market to any auto manufacturer for  
             their regulation compliance.
             The ability for to receive ZEV credit from transportation  
             systems expires in 2018. 

             SB 1405 requires ARB to amend their ZEV regulation to allow  
             rental car companies, transportation network companies (e.g.,  
             Uber and Lyft), taxicab companies, and car-sharing companies,  
             if they use ZEVs fleets with ride-sharing features, to  
             qualify to receive "transportation system" ZEV credits.

          2) Charge Ahead Initiative. SB 1275 (de León, Chapter 530,  
             Statutes of 2014) establishes the Charge Ahead California  
             Initiative, which outlines a vision of placing one million  
             electric cars, trucks, and buses on California's roads by  
             2023 and directs ARB to provide incentives to increase the  
             availability of zero-emission vehicles and near-zero-emission  
             vehicles, particularly in disadvantaged communities. 

             Pursuant to SB 1275, ARB's FY 2015-16 Low Carbon  
             Transportation Funding Plan includes, among other programs  
             and actions: a) $163M for Clean Vehicle Rebate Project (or  
             CVRP, which provides rebates to consumers for purchasing  
             electric vehicles) that includes an income cap to exclude  
             high-income consumers and higher rebate levels for lower  
             income consumers; b) $37 million for light-duty pilot  
             projects in disadvantaged communities that are aimed at  
             increasing access to clean vehicles in disadvantaged  
             communities and lower-income households. These pilot projects  
             include expansion of four existing pilot projects established  
             in 2014, including increased incentives for public fleets to  
             purchase CVRP-eligible vehicles, advanced technology  
             car-sharing and mobility options, increased incentives to  
             replace high-polluting vehicles, and financing assistance.   
             ARB states that these pilot projects provide consumer  
             exposure to clean vehicles in these communities and  








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             opportunities for ownership through purchase incentives and  
             financing.

             Specifically, ARB allocated $2.5 million in 2014-15, and $5  
             million in 2015-16 for a car sharing and mobility option  
             pilot project for clean car sharing fleets in or near  
             disadvantaged communities to offer an alternate mode of  
             transportation and encourage the use of advanced technology  
             cars, including plug-in hybrid electric vehicles (PHEVs),  
             battery electric vehicles (BEVs), and fuel cell electric  
             vehicles (FCEVs).  The project will gather data that could  
             help support future larger scale advanced technology car  
             share programs.

             Additionally, ARB proposed $3 million for a pilot project to  
             provide incentives for the purchase of zero- or near-zero  
             emission vehicles for agricultural worker vanpools in the San  
             Joaquin Valley.

             ARB is currently holding workshops to develop their funding  
             plan for 2016-17. 
             The Governor's proposed FY 2016-17 Budget includes $500  
             million for ARB to continue Low Carbon Transportation  
             investments. Some fraction of the $500, at the same or  
             increased funding as FY 2015-16, will likely be available to  
             continue the five light-duty pilot projects in disadvantaged  
             communities
            
          Comments
          
          1) Purpose of Bill.  According to the author, "California's Zero  
             Emission Vehicle (ZEV) program has driven a critical set of  
             innovations in transportation technology.  But if we are  
             serious about meeting the Governor's goals to reach 1.5  
             million zero-emission vehicles by 2025, and to provide broad  
             access to these vehicles in all communities, we will need to  
             significantly augment our efforts in building consumer  
             awareness, and deploying vehicles in disadvantaged areas. 

             "The ZEV mandate created a market to incentivize low  
             emissions technology.  In its most basic form, auto  
             manufacturers who produce ZEVs earn credits toward their  
             obligation, and are able to sell any excess credits to auto  
             manufacturers who don't produce as many ZEVs and therefore  








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             must meet their obligation by buying others'.  (For example,  
             a fictional hypothetical: Nissan sells credits earned from  
             the production of its Leaf to Ford, which needs to buy  
             credits to compensate for sales of its F-series trucks.) 

             "ZEV's 2001 regulations created a "Transportation Systems"  
             category to allow carsharing and stationary car deployment to  
             provide auto manufacturers with extra credits for deploying  
             ZEVs in high-exposure and transit-linked areas - the  
             regulation did this to increase consumer awareness, and there  
             is evidence that proves it accomplished this goal.  While the  
             ZEV program anticipated some technological changes in the  
             transportation industry, its current regulatory framework is  
             far behind today's trend toward a multi-modal and  
             mobility-driven model.  There is now a critical opportunity  
             to supercharge consumer awareness and increase access to ZEV  
             technology in low- and middle-income neighborhoods by simply  
             updating the regulations to more accurately capture today's  
             Transportation Systems. 

             "SB 1405 brings the ZEV regulations into alignment with  
             modern transportation trends by updating the "Transportation  
             System" definition in the existing CARB ZEV Mandate  
             regulations to include more and larger vehicle fleets,  
             including, for example, taxi cab companies, rental car  
             companies, and transportation network companies." 

             The bill also requires ARB to conduct a study relating to  
             transit-subsidized rides on ZEV-credit-qualified  
             transportation systems serving disadvantaged communities.   
             According to the author, the study aims to examine the  
             feasibility of these projects to help address the particular  
             transportation needs of disadvantaged communities and  
             increase access to, and awareness of, clean transportation in  
             low-income neighborhoods. 

          2) Study.  As noted in the background, SB 1275 requires ARB to  
             establish programs that further increase access to and direct  
             benefits for disadvantaged, low-income, and moderate-income  
             communities and consumers from electric transportation.   
             Pursuant to SB 1275, ARB has established several pilot  
             projects.  These projects include increased incentives for  
             public fleets to purchase CVRP-eligible vehicles, advanced  
             technology car-sharing and mobility options, increased  








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             incentives to replace high-polluting vehicles, and financing  
             assistance.  

             SB 1405 requires ARB to study the possibility of providing  
             grants to subsidize rides serving disadvantaged communities  
             through the use of ZEVs in car sharing programs offered by  
             transportation network companies, like Uber and Lyft, taxicab  
             companies and rental car companies.  

             In requiring the study, the bill aims to examine whether  
             those additional grants would provide broad access to ZEVs in  
             all communities in order to significantly augment efforts in  
             building consumer awareness and deploying clean vehicles in  
             disadvantaged areas.

            Related/Prior Legislation

          SB 1275 (de León, Chapter 530, Statutes of 2014) established the  
          Charge Ahead California Initiative under ARB to provide  
          incentives to increase the availability of zero-emission  
          vehicles and near-zero-emission vehicles, particularly in  
          disadvantaged communities. 
           
          DOUBLE REFERRAL:  

          This measure will be considered in the Senate Transportation and  
          Housing Committee on April 19, 2016.

            SOURCE:                    Author  

           SUPPORT:               

          TechNet  

           OPPOSITION:    

          None received  
                                       -- END --