BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SCR 76
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: emmerson
VERSION: 3/15/12
Analysis by: Eric Thronson FISCAL: yes
Hearing date: May 8, 2012
SUBJECT:
School bus emission regulations
DESCRIPTION:
This resolution urges the California Air Resources Board (ARB)
to exempt school buses from diesel particulate emissions
regulations until state funds are available to fully fund the
program.
ANALYSIS:
Existing law charges ARB with primary responsibility for the
control of mobile source air pollution and broadly authorizes
ARB to adopt rules for the reduction of emissions. Under this
authority, ARB adopted its Truck and Bus regulations to
significantly reduce harmful emissions from diesel trucks and
buses (with gross vehicle weights greater than 14,000 pounds)
operating in California. Pursuant to this regulation, school
bus operators must retire buses manufactured before 1977 and
either replace and retire or install retrofit devices that
significantly reduce toxic emissions on all older diesel-fueled
buses.
In addition, ARB administers the Lower-Emission School Bus
program (LESBP), which is a grant program implemented by local
air districts that provides funds to purchase new buses to
replace older ones or to install retrofit devices on in-use
buses. Since 2000, ARB has provided nearly $300 million through
the LESBP to local air districts. School districts have used
roughly 75 percent of this funding to purchase new buses,
replacing all buses manufactured before 1977 and roughly 1,500
buses manufactured between 1977 and 1986. In addition, school
districts have retrofitted approximately 7,000 buses to
significantly reduce emissions. According to ARB, there remain
roughly 3,400 buses statewide that need to be replaced or
retrofitted in order to be in compliance with the ARB
SCR 76 (EMMERSON) Page 2
regulations.
This resolution urges ARB to:
Exempt school buses from the Truck and Bus Regulations
until there is full funding available through the LESBP.
Focus funds from the LESBP and other programs on
replacing the oldest school buses that do not have seat
belts and do not have any emissions controls to limit
dangerous diesel particulate matter and oxides of nitrogen.
COMMENTS:
1.Purpose . The author introduced this resolution in order to
request that ARB consider delaying its school bus regulations
until state funding is available. Over the past several
years, the state has significantly reduced school budgets.
According to the author, the Legislature cut school
transportation funding by 20 percent 3 years ago and has not
restored this funding. The regular funding prior to the cuts
only covered approximately 45 percent of the overall cost of
pupil transportation in the state. The author contends that
school districts are deeply concerned about their ability to
comply with ARB's Truck and Bus regulations.
2.Why not a bill ? It seems the Legislature could better address
the problem identified in this resolution through a bill. It
is the Legislature's prerogative, through bills, to pass laws
that directs the state administration's activities. As part
of that process, a bill is sent to the governor for signature
or veto. In this way the legislature is able to be involved
in the way the state administers the law, while the
administration has the opportunity to respond to those
directions. A resolution, on the other hand, simply
communicates a message from the Legislature, but carries no
weight of law. Passing a resolution urging the administration
to take action may not be appropriate because the governor
neither signs nor vetoes resolutions, and therefore the
administration never has an opportunity to weigh in on the
issue. Proponents of the bill indicate that they want to
raise awareness of the problem identified in the resolution
but do not want to introduce a bill to address this concern
because of the unlikelihood of the bill's passage.
Notwithstanding that it excludes the administration and
carries no weight of law, a resolution is still an instrument
SCR 76 (EMMERSON) Page 3
of value and merit. By voting for a resolution, a legislator
is identifying him or herself with its message. While not
requiring action, resolutions urging a part of state
government to act can heavily influence what that agency or
department might do. This resolution communicates to ARB that
the Legislature expects ARB to suspend regulations that it
adopted years ago, after significant public discussion,
because the state is unable to fully fund compliance with the
regulation.
POSITIONS: (Communicated to the committee before noon on
Wednesday, May 2, 2012)
SUPPORT: California Association of School Transportation
Officials
Mid-Placer Public Schools Transportation Agency
OPPOSED: None received.