BILL NUMBER: AB 1292 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 27, 2009
An act to amend Section 34506.4 of the Vehicle Code,
relating to vehicles. An act to amend Section 39625.5
of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1292, as amended, Bonnie Lowenthal. Commercial motor
vehicles: unsafe vehicles. Goods Movement Emission
Reduction Program.
Existing law, the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006, approved by the voters as
Proposition 1B at the November 7, 2006, general election, authorizes
the issuance of general obligation bonds for various
transportation-related purposes, including reducing emissions and
improving air quality in trade corridors. The State Air Resources
Board is required to allocate the funds to be used for air quality
purposes pursuant to specified requirements.
This bill would require that priority be given to projects that
secure other supplemental funding in an amount that is above a
percentage requirement required by existing law, as provided.
Existing law authorizes any member of the Department of the
California Highway Patrol to remove from the highway and have placed
in a storage facility specified commercial motor vehicles and any
motortruck with a gross vehicle weight rating of more than 10,000
pounds, which are in an unsafe condition, or impound a farm labor
vehicle operated in violation of specified provisions of law.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39625.5 of the
Health and Safety Code is amended to read:
39625.5. (a) (1) Upon appropriation by the Legislature from the
funds made available by paragraph (2) of subdivision (c) of Section
8879.23 of the Government Code, the state board shall allocate funds
on a competitive basis for projects that are shown to achieve the
greatest emission reductions from each emission source identified in
subdivision (c) of Section 39625.1, not otherwise required by law or
regulation, from activities related to the movement of freight along
California's trade corridors, commencing at the state's airports,
seaports, and land ports of entry.
(2) Projects eligible for funding pursuant to paragraph (1) shall
include, but are not limited to, the following:
(A) The replacement, repower, or retrofit of heavy-duty diesel
trucks.
(B) The replacement, repower, or retrofit of diesel locomotive
engines, with priority given to switching locomotive engines,
provided that before any project is authorized for a locomotive
engine operated and controlled by a railroad company that has entered
into a memorandum of understanding or any other agreement with a
state or federal agency, a local air quality management district, or
a local air pollution control district, including, but not limited
to, the ARB/Railroad Statewide Agreement Particulate Emissions
Reductions Program at California Rail Yards, dated June 2005, the
state board shall determine that the emission reductions that would
be achieved by the locomotive engine are not necessary to satisfy any
mandated emission reduction requirement under any such agreement.
(C) The replacement, repower, or retrofit of harbor craft that
operates at the state's seaports.
(D) The provision of on-shore electrical power for ocean freight
carriers calling at the state's seaports to reduce the use of
auxiliary and main engine ship power.
(E) Mobile or portable shoreside distributed power generation
projects that eliminate the need to use the electricity grid.
(F) The replacement, repower, or retrofit of cargo handling
equipment that operates at the state's seaports and rail yards.
(G) Electrification infrastructure to reduce engine idling and use
of internal combustion auxiliary power systems at truck stops,
intermodal facilities, distribution centers, and other places where
trucks congregate.
(b) (1) The state board shall allocate funds in a manner that
gives priority to emission reduction projects that achieve the
earliest possible reduction of health risk in communities with the
highest health risks from goods movement facilities. Priority
shall also be given to projects that secure other supplemental
funding in an amount that is above the specified percentage
requirement determined pursuant to subparagraph (B) of paragraph (1)
of subdivision (a) of Section 39626, in these high risk communities,
as determined by the state board.
(2) In evaluating which projects to fund, the state board shall at
a minimum consider all of the following criteria:
(A) The magnitude of the emission reduction.
(B) The public health benefits of the emission reduction.
(C) The cost-effectiveness and sustainability of the emissions
reductions.
(D) The severity and magnitude of the emission source's
contributions to emissions.
(E) Regulatory and State Implementation Plan requirements, and the
degree of surplus emissions to be reduced.
(F) The reduction in greenhouse gases, consistent with and
supportive of emission reduction goals, consistent with existing law.
(G) The extent to which advanced emission reduction technologies
are to be used.
(H) The degree to which funds are leveraged from other sources.
(I) The degree to which the project reduces air pollutants or air
contaminants in furtherance of achieving state and federal ambient
air quality standards and reducing toxic air contaminants.
(J) The total emission reductions a project would achieve over its
lifetime per state dollar invested.
(K) Whether an emissions reduction is likely to occur in a
location where emissions sources in the area expose individuals and
population groups to elevated emissions that result in adverse health
effects and contribute to cumulative human exposures to pollution.
(c) The state board shall ensure that state bond funds are
supplemented and matched with funds from federal, local, and private
sources to the maximum extent feasible.
SECTION 1. Section 34506.4 of the Vehicle Code
is amended to read:
34506.4. (a) A member of the Department of the California Highway
Patrol may remove from the highway and have placed in a storage
facility, a vehicle described in subdivision (a) of Section 22406 or
subdivision (g) of Section 34500 or a motortruck with a gross vehicle
weight rating of more than 10,000 pounds if the vehicle or
motortruck which is in an unsafe condition.
(b) A member of the Department of the California Highway Patrol
may impound a farm labor vehicle operated in violation of subdivision
(b) of Section 2800, subdivision (a) of Section 24002.5, or
subdivision (a) of Section 31402, subject to the following
requirements:
(1) A farm labor vehicle impounded for a first violation of
subdivision (b) of Section 2800, subdivision (a) of Section 24002.5,
or subdivision (a) of Section 31402 may be released within 24 hours
upon delivery to the impounding authority of satisfactory proof that
the vehicle will be legally moved or transported to a place of
repair.
(2) A farm labor vehicle shall be impounded for not less than 10
days for a second violation of subdivision (b) of Section 2800,
subdivision (a) of Section 24002.5, or subdivision (a) of Section
31402, or any combination of two of those provisions, if the original
equipment or maintenance violation has not been repaired to comply
with existing law. The farm labor vehicle shall be released after 10
days upon delivery to the impounding authority of satisfactory proof
that the vehicle has been repaired to comply with existing law, or
upon delivery to the impounding agency of satisfactory proof that the
vehicle will be lawfully moved or transported to a place of repair.
(3) A farm labor vehicle shall be impounded for not less than 30
days for a third or subsequent violation of subdivision (b) of
Section 2800, subdivision (a) of Section 24002.5, or subdivision (a)
of Section 31402, or any combination of three or more of those
provisions, if the original equipment or maintenance violation has
not been repaired to comply with existing law. The farm labor vehicle
shall be released after 30 days upon delivery to the impounding
authority of satisfactory proof that the vehicle has been repaired to
comply with existing law, or upon delivery to the impounding agency
of satisfactory proof that the vehicle will be lawfully moved or
transported to a place of repair.
(c) All towing and storage fees for a vehicle removed under this
section shall be paid by the owner.