BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1156|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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          |327-4478                          |                         |
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                                 THIRD READING


          Bill No:  SB 1156
          Author:   Cedillo (D)
          Amended:  6/16/10
          Vote:     27 - Urgency

           
           SENATE TRANSPORTATION & HOUSING COMM  :  7-0, 6/22/10
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Harman,  
            Pavley, Simitian
          NO VOTE RECORDED:  Kehoe, Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 7/15/10
          AYES:  Kehoe, Corbett, Emmerson, Leno, Price, Walters, Wolk
          NO VOTE RECORDED:  Alquist, Wyland, Yee


           SUBJECT  :    Funding for drayage trucks

          SOURCE  :     Author


           DIGEST  :    This bill appropriates $20 million from the Air  
          Quality Improvement Fund to the State Air Resources Board  
          to provide grants to owners of three or fewer heavy duty  
          diesel trucks that service the state's ports and railyards  
          for the purchase of equipment that meets specified emission  
          standards pursuant to drayage truck regulations.

           ANALYSIS  :     Air Resources Board (ARB) Regulations for  
          On-Road Heavy-Duty Diesel Trucks  

          Existing law charges ARB with primary responsibility for  
          the control of mobile source air pollution, including the  
                                                           CONTINUED





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          adoption of rules for the reduction of harmful vehicle  
          emissions and the specification of vehicular fuel  
          composition.  In the past two years, ARB has adopted two  
          significant regulations to reduce emissions and public  
          exposure to diesel particulate matter (diesel PM), oxides  
          of nitrogen (NOx), and other air contaminants from  
          heavy-duty diesel vehicles.

           Drayage Truck Regulation  .  In December 2007, ARB adopted  
          the In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks,  
          referred to as the drayage or port truck rule, by setting  
          emission standards for in-use, heavy-duty diesel-fueled  
          vehicles that transport cargo to and from California's  
          ports and intermodal rail facilities.  The rule establishes  
          different compliance standards and deadlines for different  
          model-year trucks and will be implemented in two phases, as  
          described in the following table:

           ------------------------------------------------------------- 
          |                  |                                          |
          |Truck Engine      |Emission Requirement Schedule             |
          |Model Year        |                                          |
          |------------------+------------------------------------------|
          |                  |                                          |
          |1993 and older    |Prohibited by December 31, 2009           |
          |                  |                                          |
          |------------------+------------------------------------------|
          |                  |                                          |
          |1994 - 2003       |Phase 1:  By December 31, 2009, reduce PM |
          |                  |emissions by 85%                          |
          |                  |AND                                       |
          |                  |Phase 2:  By December 31, 2013, meet 2007 |
          |                  |engine standards                          |
          |------------------+------------------------------------------|
          |                  |Phase 1:  By December 31, 2011, reduce PM |
          |2004              |emissions by 85%                          |
          |                  |AND                                       |
          |                  |Phase 2:  By December 31, 2013, met 2007  |
          |                  |engine standards                          |
          |------------------+------------------------------------------|
          |                  |Phase 1:  By December 31, 2012, reduce PM |
          |2005 - 2006       |emissions by 85%                          |
          |                  |AND                                       |
          |                  |Phase 2:  By December 31, 2013, meet 2007 |







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          |                  |engine standards                          |
          |------------------+------------------------------------------|
          |                  |                                          |
          |2007 and newer    |Not applicable, fully compliant           |
          |                  |                                          |
           ------------------------------------------------------------- 

           Truck and Bus Regulation  .  In December 2008, ARB adopted  
          the In-Use On-Road Diesel Vehicle Regulation to reduce  
          emissions from existing on-road diesel vehicles operating  
          in California.  The regulation establishes a variety of  
          compliance options, but in general, it requires trucks and  
          buses to meet performance requirements between 2011 and  
          2023.  By January 1, 2023, all vehicles must have a 2010  
          model year engine or equivalent.

           Air Quality Improvement Program (AQIP)
           
          AB 118 (N??ez), Chapter 750, Statutes of 2007, established  
          the AQIP, which is a voluntary incentive program  
          administered by ARB to fund clean vehicle and equipment  
          projects, research on biofuels production and the air  
          quality impacts of alternative fuels, and workforce  
          training.  Each fiscal year, ARB adopts a Funding Plan that  
          establishes priorities for the funding cycle, describes the  
          projects ARB intends to fund, and sets funding targets for  
          each project.  About 80 percent of AQIP funds for the  
          2009-10 fiscal year will be used to support vehicle and  
          equipment deployment projects for what ARB considers to be  
          the next generation of advanced technology vehicles and  
          equipment just reaching commercialization, including hybrid  
          trucks and buses.

          This bill appropriates $20 million from the Air Quality  
          Improvement Fund to ARB to provide grants to drayage truck  
          owners that have not yet complied with ARB's drayage truck  
          regulation, subject to the following conditions:

          1. The funds are administered in a manner that is  
             consistent with the Goods Movement Emission Reduction  
             Program, as authorized by Proposition 1B, except that  
             the funds may be used for emission reductions that are  
             currently required by law or regulation.








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          2. The funds are only available for trucks in small fleets  
             (fleets with three or fewer trucks).

          3. The funds may only be used for the purchase of equipment  
             that meets the 2007 model-year or newer engine  
             standards.

          4. The funds are only available for these grants until  
             January 1, 2013, after which time the funds revert to  
             the Air Quality Improvement Fund.

           Comments
           
          Emissions from diesel trucks have adverse effects on human  
          health and lead to 4,500 premature deaths per year.  By  
          large majorities, Californians support clean air laws and  
          reducing air pollution saves the state billions of dollars  
          per year in reduced hospitalizations and emergency room  
          visits, health care costs, and lost work days due to  
          illness.
           
          At the same time, these laws sometimes impose hardships on  
          small businesses and others who, in a tough economy, may  
          not have the financial resources necessary to comply with  
          regulations.  Rather than weaken the laws by relaxing the  
          standards or delaying their implementation, this bill  
          provides additional funding to help small- and medium-size  
          trucking businesses retrofit or replace their trucks.  
           
          In doing so, this bill will allow more truckers to stay in  
          business regardless of their ability to pay to comply with  
          the rules, helping to ensure that the state experiences the  
          economic benefits derived from maintaining goods movement  
          businesses such as drayage trucking, while simultaneously  
          advancing clean air efforts.  Implications for AQIP.  For  
          the 2010-11 fiscal year, the Governor has proposed  
          allocating $40 million to AQIP, however, revenues could be  
          far less than anticipated.  In the 2009-10 fiscal year, for  
          example, the Governor originally allocated $44 million but  
          actual revenues totaled only about $29 million.  In the  
          coming year, ARB anticipates spending AQIP funds to provide  
          incentives for the purchase of heavy-duty hybrid trucks and  
          zero-emission vehicles.  Comparing the emissions of a 2007  
          model-year heavy-duty diesel truck and a new heavy-duty  







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          hybrid truck, the hybrid truck reduces 25 percent more  
          particulate, 85 percent more oxides of nitrogen, and 25  
          percent more carbon dioxide than a 2007 model-year diesel  
          truck.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                     2010-11     2011-12     
           2012-13          Fund  
          Appropriation                           $20,000              
                Special*
          ARB:  update AQIP guidelines       $128                      
           Special*

          * Air Quality Improvement Fund

           SUPPORT  :   (Verified  8/2/10)

          South Coast Air Quality Management District

           OPPOSITION  :    (Verified  8/2/10)

          CALSTART

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          this bill is intended to address the economic hardships  
          truck drivers face complying with ARB standards by  
          appropriating $20 million dollars to provide grants to  
          truckers in order to retrofit their vehicles.  Currently,  
          there is incentive money available in many areas of the  
          state but none to cover the immediate cost of retrofitting  
          to help meet compliance standards. 

           ARGUMENTS IN OPPOSITION  :    CALSTART states in opposition  
          that, "We believe that drawing funds from the Air Resources  
          Board Air Quality Improvement Program (AQIP) program for  
          the purposes outline in SB 1156 is a misuse of these  
          critical funds that would result in a setback to  
          California's emissions reduction efforts and to the state's  







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          growing clean transportation sector."

          CALSTART further states that, "SB 1156 would put this  
          important program at risk by appropriating a substantial  
          portion of the AQIP funds ($20 million) to be used as  
          direct grants to small fleets of on-road heavy-duty  
          diesel-fueled trucks for the purchase of equipment that  
          will bring these diesel trucks into compliance with 2007  
          emission standards."  
           

          JA:nl  8/2/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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