BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 570
                                                                  Page  1

          Date of Hearing:   June 20, 2011

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                     SB 570 (Rubio) - As Amended:  April 25, 2011

           SENATE VOTE  :  40-0
           
          SUBJECT  :  San Joaquin Valley Unified Air Pollution Control 
          District: school buses

           SUMMARY  :  Authorizes the San Joaquin Valley Unified Air 
          Pollution Control District (District) to administer a voluntary 
          program to replace or retrofit high-polluting school buses.  
          Specifically,  this bill  :  

          1)Authorizes the District to administer a voluntary program to 
            replace or retrofit high-polluting school buses, using only 
            interest generated from the funds allocated to it from the 
            Traffic Congestion Relief Fund.  

          2)Repeals the District's existing authority to develop and 
            administer a vehicle exchange program to replace 
            high-polluting vehicles with donated, smog-compliant vehicles. 
             

          3)Requires the District, in implementing the new program, to 
            follow the California Air Resources Board's (ARB) 2008 
            Lower-Emission School Bus Program Guidelines, giving funding 
            priority to model year 1987 and older school buses.  

          4)Requires that the District submit to the Legislature, by 
            January 1, of 2013 and 2014, a report on the implementation 
            and status of the program, including, but not limited to, the 
            number of school buses replaced or retrofitted, and the 
            estimated emission reductions achieved through the program.  

          5)Sunsets the program on January 1, 2014.  

           EXISTING LAW  :  

          1)Designates generally the ARB as the state agency with the 
            primary responsibility for the control of air pollution from 
            vehicles, and air pollution control districts and air quality 
            management districts with the primary responsibility for the 








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            control of air pollution from all other sources.  

          2)Establishes the District to administer a regional air quality 
            improvement program for Fresno, Kings, Madera, Merced, San 
            Joaquin, Stanislaus, and Tulare counties, and a portion of 
            Kern County.  

          3)As approved by the statewide voters, creates the Traffic 
            Congestion Relief Act of 2000 that established the 
            Transportation Congestion Relief Program (TCRP), committing 
            $6.4 billion to specific projects designated in law.  One such 
            program was the San Joaquin Valley Emergency Clean Air 
            Attainment Program that provided $25 million to the District 
            for incentives to reduce emissions from heavy-duty diesel 
            engines operating within the District's boundaries.  

          4)Authorizes the District to use the interest earnings to 
            administer a program to           voluntarily exchange 
            high-polluting automobiles for donated replacement vehicles; 
            SB 23 (Cogdill) Chapter 634, Statutes of 2007.  

           FISCAL EFFECT  :  Unknown.  
                                                                   
           COMMENTS :  Under current law, the District was appropriated $25 
          million to award incentives to reduce emissions from heavy-duty 
          diesel engines operating in the District.  Although almost all 
          of the initial appropriation has been expended for those 
          purposes, approximately $2.5 million in interest earnings on the 
          initial appropriation were left over once the incentives were 
          awarded.  Normally, those interest earnings would have reverted 
          to the TCRP, from which the California Transportation Commission 
          allocates funding for a variety of transportation projects.  

          SB 23 (Cogdill) authorized the District to use the remaining 
          interest earnings to administer a program to voluntarily 
          exchange high-polluting automobiles for donated replacement 
          vehicles.  The intention was for the District to partner with 
          one or more private entities (such as an automobile manufacturer 
          or rental car company) that would be willing to donate newer, 
          less polluting automobiles for the exchanges.  The District has 
          been unable to secure donated automobiles and hence no exchanges 
          have taken place.  

          Accordingly, since the SB 28 program has been inactive, this 
          bill would authorize the District to use the remaining interest 








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          earnings, upon appropriation of the Legislature, to administer a 
          program to replace or retrofit high-polluting school buses 
          within the District, following guidelines established by ARB.  
          This authority would sunset on January 1, 2014.  

          The author contends that school buses serve a vital need in the 
          state by transporting students to and from school.  However, 
          school buses 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 school buses in operation that were 
          manufactured prior to 1987.  Most alarmingly, more than one out 
          of every four school age children in Kern County has 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.  

           ARB guidelines  :  The ARB staff, in coordination with the 
          California Energy Commission and the local air pollution control 
          districts, has developed guidelines to establish a 
          Lower-Emission School Bus Program.  The guidelines provide 
          criteria for the purchase of new school buses and retrofits of 
          existing school buses to reduce particulate matter emissions.  
          The bus replacements and retrofits of existing school buses will 
          reduce school children's exposure to harmful diesel exhaust 
          emissions.  This bill would require that the funds authorized 
          for school bus purchase and retrofit conform with these adopted 
          guidelines.  

           Related bills  : AB 462 (Lowenthal) of 2011, and AB 470 
          (Halderman) of 2011, similar bills that allow air districts to 
          use vehicle registration surcharge revenues for emission 
          retrofits of existing school buses and to replace onboard 
          natural gas tanks on school buses or to enhance deteriorating 
          natural gas fueling dispensers.  Both bills are currently in the 
          Senate.  


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Lung Association in California
          Breathe California  
          Coalition for Clean Air  








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          Fresno-Madera Medical Society (Air Quality Subcommittee)
          Kings Canyon Unified School District  
          Natural Resources Defense Council
          San Joaquin Valley Air Pollution Control District  
          School Transportation Coalition  
          Union of Concerned Scientists
           
          Opposition 
           
          None on file

           
          Analysis Prepared by  :    Ed Imai / TRANS. / (916) 319-2093