BILL ANALYSIS �
AB 470
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 470
AUTHOR: Halderman
AMENDED: June 7, 2011
FISCAL: No HEARING DATE: June 27, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SCHOOLBUS RETROFIT
SUMMARY :
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.). The ARB must coordinate efforts to attain
and maintain ambient air quality standards. (�39003).
2) Provides that air pollution control districts (APCDs) and
air quality management districts (AQMDs) have primary
responsibility for controlling air pollution from all
sources, other than emissions from mobile sources. (�40000
et seq.). Certain APCDs and AQMDs are established, with
related authority, including the Sacramento Metropolitan
Air Quality Management District (SMAQMD). (�40950 et
seq.).
3) Authorizes an APCD or AQMD, until January 1, 2015, to levy
a fee up to $6 on motor vehicles registered in the
district, with the first $4 in revenue of each fee used to
reduce air pollution from motor vehicles and to carry out
relating planning, monitoring, enforcement, and technical
studies necessary to implement the California Clean Air Act
of 1988; and the next $2 of each fee to be used for certain
purposes, including purchase of new school buses in
accordance with the Lower-Emission School Bus Program
adopted by the ARB. (�44229). Similar provisions are
AB 470
Page 2
specified for the SMAQMD. (�41081).
This bill :
1) Allows the $2 portion of the fee for APCDs, AQMDs, and the
SMAQMD to also be used for retrofitting existing schoolbus
emission control equipment in accordance with the
Lower-Emission School Bus Program.
2) Makes technical and clarifying amendments, and contains
double-jointing amendments to address chaptering-out
problems with AB 462 (Lowenthal).
COMMENTS :
1) Purpose of Bill . According to the author, "Current law
allows air districts throughout the state to impose a
surcharge on motor vehicle registration. This surcharge is
used to pay for a number of air quality projects, including
the Lower-Emission School Bus Program. Current law only
allows the motor vehicle registration surcharge funds to be
used to purchase brand new buses. The goal of the
Lower-Emission School Bus Program is to reduce school
children's exposure to the harmful school bus exhaust . .
. AB 470 gives school districts greater flexibility in how
to use available funds, and offers a cost-effective
alternative to having to purchase brand new school buses.
This legislation only extends the use of funds for
retrofitting school buses in addition to the purchase of
new buses."
2) Background . The primary goal of ARB's Lower-Emission
School Bus Program is to reduce exposure to cancer-causing
and smog-forming pollution. The program provides funding
for new and safer schoolbuses, as well as air pollution
control equipment (retrofit devices) on existing buses.
Beginning in the 2000-01 fiscal year budget, $50 million
was allocated to the ARB for the program. According to the
ARB in 2000, "ARB and local air districts recognize that PM
�particulate matter] emissions from diesel-fueled engines
and vehicles are a serious public health concern,
particularly for school age children who are more
AB 470
Page 3
susceptible to its harmful health effects. When
implemented, the Lower-Emission School Bus Program will
provide California's school children with less polluting,
and in many cases, safer school transportation."
AB 923 (Firebaugh) Chapter 707, Statutes of 2004, among other
things, authorized APCDs, AQMDs, and SMAQMD to increase the
registration fee by $2 to be used for certain purposes,
including purchase of new schoolbuses in accordance with
the Lower-Emission School Bus Program adopted by the ARB.
Voters approved Proposition 1B (the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006)
November 7, 2006. This bond act provided for a bond issue
not to exceed $19,925,000,000 for certain purposes,
including $200 million for schoolbus retrofit and
replacement to reduce air pollution and children's exposure
to diesel exhaust.
SB 88 (Committee on Budget and Fiscal Review) Chapter 181,
Statutes of 2007, contained various provisions to implement
Proposition 1B, including the California Clean Schoolbus
Program (Health and Safety Code �44299.90 et seq.) which
requires ARB to allocate funds in accordance with the
following: a) replace all schoolbuses in operation with a
1976 model year or earlier; and b) remaining funds
apportioned to local APCDs and AQMDs based on the number of
schoolbuses with 1977 to 1986 model years (each school
district must determine the percentage of its allocation to
spend between replacement of schoolbuses of model years
1977 to 1986, and retrofit of schoolbuses of any model
year). All schoolbuses replaced under this program must be
scrapped. SB 88 also requires ARB to prepare guidelines
for the program.
AB 470 allows the $2 portion of the fee for APCDs, AQMDs, and
the SMAQMD enacted under AB 923 of 2004 to also be used for
retrofitting existing schoolbus emission control equipment
in accordance with the Lower-Emission School Bus Program.
3) Support and opposition concerns . According to the
California Air Pollution Control Officers Association in
AB 470
Page 4
supporting AB 470, "This bill provides a cost-effective
alternative to purchasing brand new buses."
According to the School Transportation Coalition in opposing
AB 470, "Our own analysis showed that the cost per pound of
reduced PM emission was less with the replacement of old
school buses as compared to installing active retrofits."
4) Related legislation . AB 462 (Lowenthal) allows the $2
portion of the fee for APCDs and AQMDs enacted under AB 923
of 2004 to also be used for replacement of onboard natural
gas fuel tanks on school district-owned school buses that
are 14 years or older (not to exceed $20,000 per bus) and
enhancement of deteriorating natural gas fueling dispensers
of school district-operated fueling infrastructure (with a
one-time funding amount not exceeding $500 per dispenser).
AB 462 and AB 470 contain double-jointing amendments to
address chaptering-out problems. However, this
double-jointing provision will need to be amended if AB 462
is further amended.
SOURCE : Assemblymember Halderman
SUPPORT : Bay Area Air Quality Management District,
California Air Pollution Control Officers
Association, California School Boards
Association
OPPOSITION : School Transportation Coalition