BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 570|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 570
          Author:   Rubio (D)
          Amended:  4/25/11
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM.  :  9-0, 4/12/11
          AYES:  DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian

           SENATE ENVIRONMENTAL QUALITY COMMITTEE :  7-0, 5/2/11
          AYES:  Simitian, Strickland, Blakeslee, Hancock, Kehoe, 
            Lowenthal, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Lieu, Pavley, Price, 
            Runner, Steinberg
          NO VOTE RECORDED:  Emmerson


          SUBJECT  :    San Joaquin Valley Unified Air Pollution 
          Control District:  
                      lower-emission schoolbus

           SOURCE  :     Author


           DIGEST  :    This bill repeals the requirement that the San 
          Joaquin Valley Unified Air Pollution Control Districts 
          administer a high polluter vehicle replacement program and 
          instead requires the District to administer a voluntary 
          program to replace or retrofit high-emitting schoolbuses 
          within their jurisdiction. 
                                                           CONTINUED





                                                                SB 570
                                                                Page 
          2


           ANALYSIS  :    

          Existing law:

          1. Provides the 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.  The ARB must coordinate efforts to 
             attain and maintain ambient air quality standards.  

          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.  Certain APCDs and AQMDs are established, with 
             related authority, including the San Joaquin Valley 
             Unified Air Pollution Control District (SJVUAPCD).

          3. Requires the SJVUAPCD to develop, in consultation with 
             ARB, a voluntary program to improve air quality by 
             exchanging high polluter vehicles within the district 
             for donated vehicles; authorizes interest from funds 
             allocated to the SJVUAPCD from the Traffic Congestion 
             Relief Fund to be used to administer this program; and 
             requires the SJVUAPCD to submit a report to the 
             Legislature on implementation of the program by January 
             1, 2012.  This vehicle exchange program sunsets January 
             1, 2013.

          This bill replaces the SJVUAPCD vehicle exchange program 
          (#3 above) with a voluntary program to replace or retrofit 
          high emitting schoolbuses in the San Joaquin Valley.  
          SJVUAPCD must follow ARB's 2008 Lower-Emission School Bus 
          Program Guidelines and give priority to model year 1987 and 
          older schoolbuses.  SJVUAPCD must also report to the 
          Legislature on or before January 1, 2013, and January 1, 
          2014, on implementation of the program, including the 
          number of schoolbuses replaced and the estimated emission 
          reductions achieved through the program.  This schoolbus 
          replacement and retrofit program sunsets on January 1, 
          2014.


                                                           CONTINUED





                                                                SB 570
                                                                Page 
          3

           Background  

          Voters approved Proposition 1B (the Highway Safety, Traffic 
          Reduction, Air Quality, and Port Security Bond Act of 2006) 
          on 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 (Senate Budget and Fiscal Review Committee), Chapter 
          181, Statutes of 2007, contained various provisions to 
          implement Proposition 1B, including the California Clean 
          Schoolbus Program which requires ARB to allocate funds in 
          accordance with the following:  (1) replace all schoolbuses 
          in operation with a 1976 model year or earlier; and (2) 
          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, which are the 2008 
          Lower-Emission School Bus Program Guidelines referenced in 
          SB 570.

          SB 1662 (Burton) Chapter 656, Statutes of 2000, and AB 2928 
          (Torlakson) Chapter 91, Statutes of 2000, created the 
          Traffic Congestion Relief Act of 2000.  The Act provided 
          funding for several programs, including $25 million for the 
          San Joaquin Valley Emergency Clean Air Attainment Program 
          to reduce emissions from heavy-duty diesel engines 
          operating within the eight-county San Joaquin Valley 
          region.  SJVUAPCD is the lead applicant under the Act for 
          this program.  While most of the funds for the program have 
          been expended for projects, SB 23 (Cogdill), Chapter 634, 
          Statutes of 2007, created the vehicle exchange program and 
          funded the program with interest from the San Joaquin 
          Valley Emergency Clean Air Attainment Program.  However, 
          the SB 23 vehicle exchange program has not proceeded as 
          expected because there was no entity to donate vehicles for 
          the program.


                                                           CONTINUED





                                                                SB 570
                                                                Page 
          4

          This bill replaces the SB 23 vehicle exchange program with 
          the schoolbus replacement and retrofit program, and retains 
          the SB 23 funding source (there is approximately $2.5 
          million available for the program).  SB 570 also revises 
          the reporting requirements and dates for reports, and 
          extends the sunset from January 1, 2013, to January 1, 
          2014.

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2011-12     2012-13    
             2013-14               Fund  

            Replacement of      About $2,500                  
            Special*
            school buses

            * Traffic Congestion Relief Fund
           
           SUPPORT :   (Verified  5/26/11)

          American Lung Association in California
          Breathe California
          Coalition for Clean Air
          Fresno-Madera Medical Society (Air Quality Sub-Committee)
          Kings County Unified School District
          Natural Resources Defense Council
          San Joaquin Valley Air Pollution Control District
          School Transportation Coalition
          Union of Concerned Scientists
          
           ARGUMENTS IN SUPPORT  :    According to the author, "School 
          buses serve a vital need in the state by transporting 
          students to and from school.  However, schoolbuses that 
          were built prior to 1987 are also one of the biggest mobile 
          polluters in the state.  In the Central Valley alone, there 
          are over 100 schoolbuses in operation that were 
          manufactured prior to 1987.  Most alarmingly, more than one 
          out of every four school age children in Kern County has 

                                                           CONTINUED





                                                                SB 570
                                                                Page 
          5

          been diagnosed with asthma, a much higher percentage than 
          most counties in the state.  Allocating funds to replace 
          pre-1987 buses will improve air quality in communities 
          throughout the Central Valley and California."

          The author notes that "SB 570 would allow for the 
          �SJVUAPCD] to administer a program that would replace older 
          high-emitting school buses within the district by using 
          existing interest revenue generated . . . "


          JJA:mw  5/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          




























                                                           CONTINUED