BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1608
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          Date of Hearing:   April 9, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                  AB 1608 (Wieckowski) - As Amended:  March 8, 2012
           
          SUBJECT  :  Clean Vehicle Rebates

           SUMMARY  :   Incentivizes the purchase of zero emission vehicles 
          (ZEVs) manufactured in California by increasing buyer rebates by 
          40% over rebates for similar vehicles manufactured outside of 
          California.  Specifically,  this bill  :  

          1)Requires that rebates for light-duty ZEVs under the Clean 
            Vehicle Rebate Project (CVRP) be increased by 40% for vehicles 
            manufactured in California over rebates issued for similar 
            eligible vehicles manufactured outside of California.  

          2)Requires that rebates for eligible medium- or heavy-duty ZEVs 
            under the Hybrid Truck and Bus Voucher Incentive Project 
            (HVIP) be increased by 40% for vehicles manufactured in 
            California over rebates for similar vehicles manufactured 
            outside California.   

          3)Defines a "California manufacturer" as any sole 
            proprietorship, partnership, joint venture, corporation, or 
            other business entity that manufactures eligible vehicles in 
            California and meets the following criteria:  

             a)   The owners or policymaking officers are domiciled in 
               California and the permanent principal office or place of 
               business is located in California;  

             b)   The business or corporation owns and operates a 
               manufacturing facility that builds or manufactures eligible 
               vehicles in California; and,

             c)   The business or corporation is licensed by the state to 
               conduct business in California.  

          1)Specifies that having a distribution or sales management 
            office or facility in California does not qualify a business 
            as a "California manufacturer."  

           EXISTING LAW:  








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          1)Creates the Air Quality Improvement Program (AQIP) to fund air 
            quality improvement projects through 2015.  Funding for the 
            AQIP is derived primarily from annual vehicle smog abatement 
            and vessel registration fees as well as other, periodic 
            supplements from the Public Interest Energy Research (PIER) 
            Program and other sources.  

          2)Requires that projects proposed for AQIP funding be evaluated 
            based on a variety of criteria including their potential to 
            reduce toxic air pollutants, cost-effectiveness, contribution 
            to regional air quality improvement, and their ability to 
            promote and use clean alternative fuel and vehicle 
            technologies.  

          3)Specifies that the HVIP and CVRP are designed to accelerate 
            widespread commercialization of ZEVs and plug-in hybrid 
            electric vehicles (PHEVs) by providing consumer rebates to 
            partially offset the higher cost of these advanced 
            technologies and to help meet California's climate change 
            goals.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  

           California's Clean Air Vehicle Rebate Programs  :  The CVRP and 
          HVIP, established under AQIP, are two voluntary incentive 
          programs that provide clean air vehicle rebates for a variety of 
          zero emission light-, medium-, and heavy-duty vehicles.  The 
          CVRP is funded by the California Air Resources Board (CARB) with 
          periodic supplements by the California Energy Commission (CEC) 
          and administered by the California Center for Sustainable Energy 
          (CCSE).  Under CVRP, rebates of up to $1,500 are available for 
          zero emission motorcycles (ZEM) and neighborhood electric 
          vehicles (NEV), $5,000 for ZEVs, and up to $20,000 for 
          commercial zero emission vehicles (CZEV).  Eligible applicants 
          include individuals, businesses, public agencies, private 
          organizations, and non-profit organizations.  

          According to CARB, a total of $11.1 million was appropriated 
          from the AQIP for FY 2009-2011 to promote the production and use 
          of  ZEVs, including electric, plug-in electric vehicles (PEV), 
          PHEVs, and fuel cell vehicles.  Of this $11.1 million, $2 
          million was provided by the California Energy Commission (CEC) 








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          on May 26, 2011.  Funding from the CEC was specifically 
          dedicated to light-duty ZEVs capable of freeway operation.  The 
          additional funding from the CEC came in response to the sharp 
          increase in demand for ZEV rebates after the Nissan LEAF was 
          launched in early 2011. Up until that time, CARB reported that 
          number of rebate applications was consistently low.  According 
          to CARB, rebates for ZEVs were distributed throughout the state 
          with the majority of rebates issued in and around Los Angles, 
          the San Francisco Bay Area, and San Diego.  According to the 
          CCSE, the remaining funding available in the CVRP is 
          approximately $6 million.  Legislation has been introduced by 
          Assembly Member Hall (AB 2450) that would add $15 million to the 
          CVRP from the Public Utilities Commission using public goods 
          charge.  The monies from AB 2450 would supplement, and not 
          supplant, the funding of the Clean Vehicle Rebate Project from 
          all other sources.  



          The HVIP Project is an incentive program created by CARB to help 
          fleets buy hybrid and battery-electric trucks and busses.  The 
          HVIP is funded by CARB, also with periodic funding supplements, 
          and administered by Calstart.  The HVIP provides rebates to 
          offset about half of the incremental cost of eligible hybrid 
          medium- and heavy-duty vehicles, and a portion of the cost of 
          battery-electric trucks and buses. In 2011, there was 
          approximately $18 million available for purchase incentives with 
          rebates for eligible ZEVs ranging from $10,000 to $30,000, 
          depending on the size of the vehicle.  According to Calstart, 
          the remaining available HVIP funding is approximately $10 
          million.  
                        


           Federal Clean Air Vehicle Rebate Programs  :  In addition to state 
          incentives, the federal government also provides incentive 
          programs for the purchase of clean air vehicles.  The Energy 
          Improvement and Extension Act of 2008, and later the American 
          Clean Energy and Security Act of 2009 (ACES) granted tax credits 
          for new, eligible PEVs.  Additionally, the American Recovery and 
          Reinvestment Act of 2009 (ARRA) also authorized federal tax 
          credits for PEVs.  According to the U.S. Department of Energy 
          Alternatives Fuels Data Center, the majority of federal 
          incentives have been exhausted.  









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           Discussion  :  According to the author, less than 4% of CVRP funds 
          and less than one-half (40%) of HVIP funds have gone to 
          California-based companies.  By introducing this legislation, 
          the author hopes to incentivize the purchase of 
          California-manufactured ZEVs by increasing the amount of rebate 
          funding that can be applied toward their purchase.  By 
          increasing sales of California-manufactured ZEVs, the author 
          expects to increase the economic benefits California derives 
          from this industry.   

          Supporters of this bill agree that the bill would help create an 
          incentive for consumers to buy California-manufactured ZEVs 
          which, in turn, will help to bolster California's economy.  
          Supporters also cite that increasing rebates for 
          California-manufactured ZEVs will also help to accelerate market 
          deployment of California-manufactured ZEVs while helping 
          California implement its clean air goals.  They note that while 
          California's ZEV industry has been hard-hit by the recession and 
          the additional incentive provided by this bill will help 
          California's ZEV industry rebound.  

          Writing in opposition, the Alliance of Automobile Manufacturers 
          (Alliance) points out that one of the CVRP's biggest challenges 
          is lack of funding and that this bill would exacerbate that 
          problem by reducing the number of rebates available.  They point 
          out that by giving out bigger rebates, CVRP and HVIP funds will 
          be expended faster and result in fewer ZEVs being put on 
          California's roadways.  With fewer ZEVs deployed, the Alliance 
          explains that California will have a more difficult time 
          reaching its clean air goals.  Additionally, the Alliance points 
          out that while many manufacturers do not qualify as a 
          "California manufacturer", as defined in the bill, they do, in 
          fact, contribute significantly to California's economy.  

          Also writing in opposition, the United Auto Workers note that 
          this bill gives preferential treatment to "California 
          manufacturers" of ZEVs at the expense of non-California 
          producers, unfairly placing manufactures outside of California 
          at a competitive disadvantage.  They cite that the result would 
          be a negative impact on the jobs of autoworkers who build ZEVs 
          in the United States, an industry that accounts for over 400,000 
          jobs.  









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          Committee concerns  :  AB 118 sunsets on January 1, 2016, along 
          with the fees that it imposed.  If AB 118-like fees are 
          reauthorized, the use of the revenue from those fees will have 
          to meet more restrictive criteria established under Proposition 
          26 (2010) in order still to be considered a fee.  Failure to 
          meet these more restrictive criteria will subject the 
          reauthorization to a two-thirds vote of the Legislature for 
          approval of a tax.  Consequently, it may be premature for the 
          bill to designate specific rebate levels given that the program 
          is scheduled to sunset and it is as yet unclear how the programs 
          may be configured in the future.  

           Related legislation:   AB 2450 (Hall) would fund the CVRP with 
          $15,000,000 from the Public Utilities Commission Electric 
          Program Investment Charge funds.  That bill is scheduled for 
          hearing in the Assembly Transportation Committee.  

          AB 493 (Ruskin) of 2007, would have created a self-financing 
          system of fees or rebate on the purchase of new vehicles sold in 
          California with rebates (based on a sliding scale) for cars that 
          produce less emissions and fees on vehicles that produce more 
          emissions.  That bill died in in the Assembly.  

          AB 2791 (Ruskin) of 2006, would have required a study of the 
          costs and benefits of Clean Vehicle Discount Program.  That bill 
          died in the Senate.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Electric Vehicles International (Sponsor)
          American Federation of State, County and Municipal Employees 
          (AFSCME), AFL-CIO
          Tesla Motors, Inc. 
          Zero Motorcycles

           Opposition 
          
          Alliance of Automobile Manufactures
          Association of Global Automakers
          International Union, United Automobile Workers of America (UAW)
           

          Analysis Prepared by  :  Victoria Alvarez / TRANS. / (916) 








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          319-2093