BILL ANALYSIS                                                                                                                                                                                                    �



                                                               AB 2042
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Jerry Hill, Chair
                              2013-2014 Regular Session
                                           
           BILL NO:    AB 2042
           AUTHOR:     Levine
           AMENDED:    June 9, 2014
           FISCAL:     Yes               HEARING DATE:     June 25, 2014
           URGENCY:    No                CONSULTANT:    Rebecca Newhouse
            
           SUBJECT  :    AIR QUALITY IMPROVEMENT PROGRAM: CLEAN VEHICLE  
                          REBATE PROGRAM
           
            SUMMARY  :    
           
            Existing law  creates the Air Quality Improvement Program  
           (AQIP), to be administered by the California Air Resources  
           Board (ARB) in consultation with local air districts, to  
           provide competitive grants to fund projects to reduce criteria  
           air pollutants, improve air quality, and support research to  
           improve the air quality impacts of alternative fuels and  
           vehicles, vessels, and equipment technologies. (Health and  
           Safety Code (HSC) �44274). 
            
           This bill  :

           1) Authorizes ARB to establish a wait list of eligible project  
              applicants, on a first-come-first-served basis, if there are  
              insufficient funds appropriated by the Legislature for the  
              Clean Vehicle Rebate Program (CVRP) to provide rebates to  
              all eligible applicants within that fiscal year.
               
           2) Requires ARB to disburse rebates to the applicants on the  
              wait list if the Legislature appropriates additional moneys  
              for the project for that fiscal year or for the fiscal year  
              following that fiscal year.


            COMMENTS  :

            1)Purpose of Bill  .  According to the author, "Under current  
             law, the California Air Resources Board does not have the  
             explicit authority to create a waitlist. AB 2042 seeks to  









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             give them that authority to ensure the continued viability of  
             the rebate program and give Californians who buy these  
             vehicles some reassurance that they will eventually receive  
             the rebate.  As we know, the rebate program has been  
             instrumental in accelerating the market for the cleanest  
             vehicles, which is helping California to achieve its clean  
             air goals."

            2)AQIP and CVRP Background.  The Air Quality Improvement Program  
             (AQIP), administered by ARB in consultation with local air  
             districts, and funded through various vehicle-related fees,  
             provides competitive grants to fund projects to improve the  
             air quality impacts of alternative fuels and vehicles,  
             vessels, and equipment technologies. Pursuant to their  
             authority under AQIP, ARB has developed several programs  
             including the Clean Vehicle Rebate Project (CVRP),  
             administered by ARB's contractor, the California Center for  
             Sustainable Energy. This program provides rebates of up to  
             $2,500 for purchasing or leasing a new zero-emission vehicle  
             (ZEV) or plug-in hybrid electric vehicle.  

             ARB has issued about $100 million for more than 50,000  
             rebates since the program began in March 2010. ARB notes  
             that, currently, about 2,500 rebates are being processed each  
             month totaling between $6 million and $7 million and demand  
             has been picking up.

            3)How much money  ? The 2013-14 Budget Act provided $15 million  
             for rebates through ARB's Clean Vehicle Rebate Project. AB  
             101 (Budget Committee) Chapter 354, Statutes of 2013,  
             provided another $24.55 million and SB 359 (Corbett), Chapter  
             415, Statutes of 2013, provided yet another $20 million as a  
             loan from the Vehicle Inspection Repair Account for a total  
             of $60 million for the 2013-15 year; a fourfold increase from  
             2012.  These influxes were due in part to the fact that by  
             the fall of 2013, demand for CVRP rebates had outstripped the  
             available funding and interrupted the awarding of rebates. 

             The 2014-2015 Budget Act, SB 852, significantly augments  
             AQIP's current vehicle-fee funding source by appropriating  
             $200 million from cap-and-trade auction proceeds for low  
             carbon transportation. The draft 2014-2015 fiscal plan for  
             AQIP includes a staff proposal for $5 million from the air  









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             quality improvement fund, and $111 million from cap-and-trade  
             auction proceeds for the CVRP. 

            4)Changes to the CVRP  . Staff is proposing several changes to  
             the CVRP program, including reducing the incentive amounts by  
             $500 dollars for both battery electric vehicles (BEVs) and  
             plug-in hybrid electric vehicles (PHEV), to be $2000 and  
             $1000 respectively. ARB staff is also proposing new  
             light-duty vehicle pilot projects to help consumers in  
             disadvantaged communities access these new technologies. 

            5)The Wait List  . On March 28, 2014, ARB announced the formation  
             of a rebate waiting list of up to a total of $5 million for  
             CVRP incentive funds. The announcement also stated that, in  
             order to accommodate expected market growth into the summer,  
             ARB staff also plan to propose expanding the waiting list by  
             an additional $25 million at the Board's April meeting.

             ARB states that consumers placed on the waiting list will  
             receive their rebates at the end of September. Eligibility  
             criteria and rebate amounts for fiscal year 2013-14, which  
             ends June 30, will apply to these rebates. 

            6)Is this bill needed  ? The CVRP was not created through  
             statute, but instead, was developed and initiated by the ARB  
             pursuant to the ARB's existing statutory authority to provide  
             funding for projects to reduce criteria air pollutants and  
             improve air quality through AQIP. Therefore, no statutory  
             authorization is needed to allow ARB to develop a waitlist  
             for CVRP-ARB already has the authority to amend this program.  


             In fact, ARB has already initiated a wait list to accommodate  
             applicants who applied for a rebate but were not able to  
             obtain one due to insufficient CVRP funds.

             It is unclear why this bill is necessary.

            7)Double Referral to Senate Transportation and Housing  
             Committee  .  If this measure is approved by the Senate  
             Environmental Quality Committee, the do pass motion must  
             include the action to re-refer the bill to the Senate  
             Transportation and Housing Committee.  









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            SOURCE  :        Author  

           SUPPORT  :       None on file  

           OPPOSITION  :    None on file