BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2242
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          Date of Hearing:   April 28, 2014

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    AB 2242 (Perea) - As Amended:  March 28, 2014
           
          SUBJECT  :   Air Quality Improvement Program

           SUMMARY  :   Requires the Air Resources Board's (ARB) Air Quality  
          Improvement Program (AQIP), which funds air quality improvement  
          projects relating to fuel and vehicle technologies, to be  
          focused where the greatest air quality impacts can be  
          identified.

           EXISTING LAW  establishes the California Alternative and  
          Renewable Fuel, Vehicle Technology, Clean Air, and Carbon  
          Reduction Act of 2007 [AB 118 (Nunez), Chapter 750, Statutes of  
          2007].  AB 118 is funded through temporary increases in vehicle  
          registration fees ($3), smog abatement fees ($8), boat  
          registration fees ($10/20), and special identification plate  
          fees ($5).  Collection of these fees is authorized until 2024  
          pursuant to AB 8 (Perea), Chapter 401, Statutes of 2013.  The  
          fees support three major programs:

          1)The Alternative and Renewable Fuel and Vehicle Technology  
            Program (ARFVTP), administered by California Energy  
            Commission, provides grants and other financial incentives to  
            accelerate the development and deployment of clean, efficient,  
            low carbon alternative fuels and technologies.  ARFVTP is  
            funded by $2 of the vehicle registration fee and receives  
            approximately $100 million per year total.

          2)AQIP, administered by ARB in consultation with local air  
            districts, funds projects that reduce criteria air pollutants,  
            improve air quality, and provide research for alternative  
            fuels and vehicles, vessels, and equipment technologies.  AQIP  
            is funded by smog abatement fees, boat registration fees, and  
            special identification plate fees and receives between $30-36  
            million per year.

          3)The Enhanced Fleet Modernization Program (EFMP), under which  
            ARB, in consultation with the Bureau of Automotive Repair,  
            pays to permanently remove cars and small trucks from  
            operation through voluntary retirement by their owners.  EFMP  
            is funded by $1 of the vehicle registration fee and receives  








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            approximately $30 million per year.

           FISCAL EFFECT :   Unknown

           COMMENTS  :  

           1)Background  .  In 2007, AB 118 established AQIP as one of three  
            new programs intended to promote vehicle and fuel technology  
            that reduces air pollution and greenhouse gas (GHG) emissions  
            statewide.  AQIP provides financial incentives for public and  
            private groups and individuals to adopt smog and diesel  
            particulate pollution reducing technology that concurrently  
            reduces GHG emissions.  Two of AQIP's flagship projects, the  
            Clean Vehicle Rebate Project (CVRP) and the Hybrid and Zero  
            Emissions Truck and Bus Voucher Incentive Program (HVIP),  
            represent the program's largest funding commitments.  AQIP has  
            also provided incentives for biofuels research, hybrid truck  
            testing, lawn and garden equipment replacement, zero-emission  
            all-terrain agricultural work vehicle rebates, advanced  
            technology demonstration and hybrid off-road equipment pilot  
            projects.

            Until last year, the Legislature appropriated about $30-40  
            million annually to AQIP from AB 118 fee revenues.  Last year,  
            an additional $30 million was loaned to AQIP from the Vehicle  
            Inspection and Repair Fund, $20 million of which was allocated  
            to CVRP and $10 million for HVIP.  Since 2009, ARB has spent  
            approximately $205 million on AQIP programs, with $120 million  
            going to CVRP and $50 million to HVIP.  The Governor's  
            proposed budget for 2014-15 proposes an additional $200  
            million appropriation to AQIP from the Greenhouse Gas  
            Reduction Fund (cap-and-trade auction revenues).  

           2)Author's statement  :

               California is home to some of the worst air quality in the  
               nation, which negatively impacts residents.  Air quality in  
               the San Joaquin Valley and South Coast air districts  
               routinely violates United States Environmental Protection  
               Agency (EPA) standards.  Poor air quality not only impacts  
               quality of life, but has also been linked to premature  
               death.  In 2012, the San Joaquin Valley Air Pollution  
               Control District used EPA tools to estimate that improving  
               the Valley's poor air quality would save over 600 lives and  
               $5 billion annually.








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               The CVRP offers incentives up to $2500 for purchasers of  
               low- or zero-emission vehicles.  Each year, CVRP  
               distributes millions of dollars to car buyers in  
               California.  Although AQIP funding is intended to improve  
               air quality, most CVRP rebates are claimed by drivers that  
               live in areas with good air quality.  To date, nearly  
               20,000 rebates have been issued to residents of the Bay  
               Area Air Quality Management District, whereas fewer than  
               1,000 have gone to San Joaquin Valley residents.  In order  
               to direct State funds where they can do the most good, AB  
               2242 would clarify that AQIP should be focused on areas of  
               the state where it can have the greatest positive impact on  
               air quality.
           
          3)From the many to the few  .  The author points to a geographic  
            inequity in distribution of CVRP rebates, but there is also a  
            significant socio-economic inequity in the program.  The vast  
            majority (over 90%) of funds for both the ARFVTP ($93 million  
            in FY 2011-12) and AQIP ($31 million in FY 2011-12) have come  
            from annual registration fees paid through DMV by vehicle  
            owners.  AB 118 applies a registration fee increase of $3 for  
            all vehicles, plus an $8 increase in the smog abatement fee  
            that applies to newer vehicles that are exempt from smog  
            check.  $2 of the registration fee goes to ARFVTP and $1 to  
            EFMP.  The $8 is split between ARFVTP and AQIP.  The  
            registration fee increase is flat - that is it is collected  
            without regard to a vehicle's value.  So a car valued at $500  
            pays the same as a car valued at $100,000.  
           
            According to ARB, $104 million worth of CVRP rebates have been  
            awarded as of March 31, 2014.  Nearly 99 percent of these  
            funds have gone to electric (EV) and plug-in hybrid vehicles,  
            as detailed below.  For example, 6,707 $2500 rebates (a total  
            of nearly $17 million) have gone to purchase new Tesla Model S  
            vehicles, with base prices ranging from $70,000 to over  
            $100,000.  Survey data indicates that the typical CVRP  
            recipient earns over $150,000/year, drives 15-30 miles/day and  
            owns at least one other non-electric vehicle.  


             ---------------------------------------------------------------- 
            |Vehicle Type by Model     |Number of |Total     |Percentage of  |
            |                          |rebates   |Dollars   |Total Dollars  |
            |                          |          |Expended  |Expended       |








                                                                  AB 2242
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            |--------------------------+----------+----------+---------------|
            |Light-Duty Zero-Emission  |          |$68,105,97|         65.51%|
            |Vehicles                  |25,676    |         3|               |
            |--------------------------+----------+----------+---------------|
            |  BMW 1 Series Active E   |          |   $52,500|          0.05%|
            |                          |??        |          |               |
            |                          |70        |          |               |
            |--------------------------+----------+----------+---------------|
            |  Chevrolet Spark EV      |          |$1,257,500|          1.21%|
            |                          |??    503 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  CODA                    |          |  $122,500|          0.12%|
            |                          |??        |          |               |
            |                          |49        |          |               |
            |--------------------------+----------+----------+---------------|
            |  FIAT 500e               |          |$4,190,208|          4.03%|
            |                          | 1,677    |          |               |
            |--------------------------+----------+----------+---------------|
            |  Ford Focus Electric     |          |$2,294,723|          2.21%|
            |                          |??    920 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Honda FCX Clarity       |          |   $55,000|          0.05%|
            |                          |??        |          |               |
            |                          |14        |          |               |
            |--------------------------+----------+----------+---------------|
            |  Honda Fit EV            |          |  $672,500|          0.65%|
            |                          |??    269 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Mercedes-Benz F-CELL    |          |   $57,500|          0.06%|
            |                          |??        |          |               |
            |                          |23        |          |               |
            |--------------------------+----------+----------+---------------|
            |  Mitsubishi i-MiEV       |          |  $328,561|          0.32%|
            |                          |??    162 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Nissan Leaf             |          |$37,360,94|         35.94%|
            |                          |13,330    |         4|               |
            |--------------------------+----------+----------+---------------|
            |  Smart Electric Fortwo   |          |   $83,000|          0.08%|
            |Cabriolet                 |??        |          |               |
            |                          |33        |          |               |








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            |--------------------------+----------+----------+---------------|
            |  Smart Electric Fortwo   |          |$1,793,500|          1.73%|
            |Coupe                     |??    792 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Tesla Model S           |          |$16,760,50|         16.12%|
            |                          | 6,707    |         0|               |
            |--------------------------+----------+----------+---------------|
            |  Tesla Roadster          |          |  $672,500|          0.65%|
            |                          |??    161 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Th!nk City              |          |  $126,037|          0.12%|
            |                          |??        |          |               |
            |                          |53        |          |               |
            |--------------------------+----------+----------+---------------|
            |  Toyota RAV4 EV          |          |$2,274,000|          2.19%|
            |                          |??    911 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Wheego LiFe             |          |    $4,500|          0.00%|
            |                          |??        |          |               |
            |                          |2         |          |               |
            |--------------------------+----------+----------+---------------|
            |Plug-In Hybrid Electric   |          |$34,519,61|         33.21%|
            |Vehicles                  |23,032    |         8|               |
            |--------------------------+----------+----------+---------------|
            |  Cadillac ELR            |          |   $10,500|          0.01%|
            |                          |??        |          |               |
            |                          |7         |          |               |
            |--------------------------+----------+----------+---------------|
            |  Chevy Volt Low Emission |          |$18,183,72|         17.49%|
            |Package                   |12,126    |         6|               |
            |--------------------------+----------+----------+---------------|
            |  Ford CMAX Energi        |          |$2,395,950|          2.30%|
            |                          | 1,598    |          |               |
            |--------------------------+----------+----------+---------------|
            |  Ford Fusion Energi      |          |$2,154,000|          2.07%|
            |                          | 1,436    |          |               |
            |--------------------------+----------+----------+---------------|
            |  Honda Accord Plug-In    |          |  $259,500|          0.25%|
            |                          |??    173 |          |               |
            |                          |          |          |               |
            |--------------------------+----------+----------+---------------|
            |  Toyota Prius Plug-in    |          |$11,515,94|11.08%         |








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            |Hybrid                    | 7,692    |         2|               |
             ---------------------------------------------------------------- 

           4)Is the Valley not getting its fair share of clean air funds  ?   
            CVRP rebates are allocated based on consumer demand and, as  
            the author notes, most rebates have gone to urban areas near  
            the coast.  While there is no definitive answer as to why EVs  
            are not selling as well in the Valley compared to the Bay Area  
            for example, one can speculate that relatively lower income  
            levels, longer commute distances and driver preferences may be  
            deciding factors.  However, consumers in the San Joaquin  
            Valley may take advantage of the additional incentives offered  
            by the San Joaquin Valley Air Pollution Control District's  
            Drive Clean Rebate Program, which offers rebates up to $3000  
            for electric, plug-in hybrid and natural gas vehicles.  For an  
            EV such as the Nissan Leaf or Tesla Model S, a buyer in the  
            Valley is eligible for a combined incentive of $5500 from CVRP  
            and Drive Clean.  According to ARB, as of November 2013, 652  
            rebates have been issued in the San Joaquin Valley and the  
            number of rebates issued per month is steadily increasing  
            after the launch of the Drive Clean Rebate Program.   

             While the Valley and many other areas of the state are not  
            receiving a large share of CVRP rebates, when the totality of  
            clean air funds, including other AB 118 programs and the Carl  
            Moyer Program, are considered, it appears the Valley does  
            receive funds commensurate to its air quality problems and  
            significantly more than Valley residents contribute through  
            fees. 

            By making the entire focus of AQIP "where the greatest air  
            quality impacts can be identified," the bill could be  
            interpreted to require all funds to go to districts (e.g., San  
            Joaquin and South Coast) or even communities (e.g., Fresno)  
            with the most severe air pollution.  However, this approach  
            may not be feasible, may not deliver the greatest air quality  
            benefit, may not meet other objectives of AQIP/AB 118, and may  
            be unfair to drivers in other areas of the state who still  
            must pay for the program through the AB 118 fee structure, yet  
            would have no chance to get incentives.   The author and the  
            committee may wish to consider  amending the bill to make  
            targeting regions with severe air pollution a consideration,  
            rather than the sole focus.  Alternatively, the bill could be  
            amended to address CVRP's inequities by placing eligibility  
            restrictions on luxury cars and very high-income recipients,  








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            and devoting the resulting excess funds to programs targeted  
            to regions with severe air pollution.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          San Joaquin Valley Air Pollution Control District

           Opposition 
           
          Bay Area Air Quality Management District
          Santa Barbara County Air Pollution Control District
           

          Analysis Prepared by  :    Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092