BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 1204
          Author:   Lara (D) and Pavley (D)
          Amended:  5/6/14
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 4/1/14
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-1, 4/30/14
          AYES:  Hill, Gaines, Hancock, Jackson, Leno, Pavley
          NOES:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  6-1, 5/23/14
          AYES:  De Le�n, Gaines, Hill, Lara, Padilla, Steinberg
          NOES:  Walters


           SUBJECT  :    Vehicle emissions reductions

           SOURCE  :     Author


           DIGEST  :    This bill creates a California Clean Truck, Bus, and  
          Off-Road Vehicle and Equipment Technology Program (Technology  
          Program) to fund development, demonstration, precommercial  
          pilot, and early commercial deployment of zero- and  
          near-zero-emission truck, bus, and off-road vehicle and  
          equipment technologies.  This bill provides that the Technology  
          Program shall be funded from the Greenhouse Gas Reduction Fund  
          (GGRF), and shall prioritize projects located in disadvantaged  
          communities.  
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           ANALYSIS  :    

           California Global Warming Solution Act of 2006 and GGRF
           
          AB 32 (N��ez, Chapter 488, Statutes of 2006) requires the Air  
          Resources Board (ARB) to develop a plan of how to reduce  
          emissions to 1990 levels, by 2020.  AB 32 also requires ARB to  
          ensure that greenhouse gas (GHG) emission reduction requirements  
          and programs, to the extent feasible, direct public and private  
          investment toward the most disadvantaged communities in the  
          state.  It authorizes ARB to adopt a schedule of fees to be paid  
          by GHG emission sources regulated under AB 32 and deposited into  
          the GGRF (commonly known as cap-and-trade), available upon  
          appropriation by the Legislature to carry out AB 32  
          requirements.

          SB 535 (De Leon, Chapter 830, Statutes of 2012) requires the  
          Department of Finance, when developing the three-year investment  
          plan for cap-and-trade monies, to allocate 25% of these funds to  
          projects that provide benefits to disadvantaged communities, and  
          to allocate a minimum of 10% of available cap-and-trade monies  
          to projects located within disadvantaged communities.  The bill  
          outlines a process to identify these communities and allows for  
          periodic modification as necessary.

           Air Quality Improvement Program (AQIP)
           
          AB 118 (N��ez, Chapter 750, Statutes of 2007) establishes the  
          AQIP, administered by ARB in consultation with local air  
          districts.  This program is funded through surcharges on vehicle  
          registration fees, a portion of vessel registration fees, a  
          portion of the Smog Abatement Fee (paid to register vehicles  
          less than six model years old and therefore exempt from smog  
          check), and an increase in the fee for identification plates for  
          various types of vehicles, such as farm trailers and logging  
          vehicles, operated on public roads.

          This program provides competitive grants to fund projects to  
          improve the air quality impacts of alternative fuels and  
          vehicles, vessels, and equipment technologies.  AQIP encompasses  
          several programs, including the Hybrid and Zero-Emission Truck  
          and Bus Voucher Incentive Project (HVIP).  HVIP, which is  
          administered by ARB and its contractor, CALSTART, provides  

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          vouchers to California fleet owners to help purchase hybrid and  
          zero-emission trucks and buses.

           

          Alternative and Renewable Fuel and Vehicle Technology Program  
          (ARFVTP)
           
          AB 118 (N��ez, Chapter 750, Statutes of 2007) also establishes  
          the ARFVTP, administered by the California Energy Commission  
          (CEC).  This program provides funding for development and  
          deployment of alternative and renewable fuels and advanced  
          transportation technologies to help attain the state's climate  
          change goals.  Eligible projects include, for example,  
          development, improvement, and production of alternative and  
          renewable low-carbon fuels; improvement of light-, medium-, and  
          heavy-duty vehicle technologies; and expansion of infrastructure  
          connected with existing fleets, public transit, and  
          transportation corridors.

           This bill  :  

          1.Establishes the Technology Program, administered by ARB in  
            conjunction with CEC, and requires the Technology Program fund  
            development, demonstration,  pre-commercial pilot and early  
            commercial deployment of zero-and near-zero emission truck,  
            bus, and off-road vehicle and equipment technologies from  
            monies appropriated to the Technology Program from GGRF.

          2.Requires that projects in disadvantaged communities be  
            prioritized.

          3.Requires that projects funded by the Technology Program are  
            limited to the following:

             A.   Development, demonstration, pre-commercial pilots and  
               early commercial deployments of zero and near-zero medium  
               and heavy-duty truck, bus, and off-road vehicles and  
               equipment technologies. 

             B.   Purchase incentives for commercially available zero and  
               near-zero truck, bus and off road vehicle and equipment  
               technologies and fueling infrastructure.


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          4.Requires that ARB, in consultation with CEC, develop  
            guidelines for the implementation of the Technology Program  
            that are consistent with AB 32 and that do various things,  
            some of which include promoting projects that assist the state  
            in maintaining the 2020 GHG emissions limit, structuring  
            purchase incentives for eligible technologies to increase  
            sales in disadvantaged communities, and leveraging, to the  
            maximum extent feasible, federal or private funding.

          5.Specifies that eligible projects do not include projects  
            required to be undertaken pursuant to state or federal law,  
            district rules or regulations, or other legally binding  
            agreements.

          6.Specifies that the state may fund studies, technology  
            development, and demonstration projects focused on improving  
            performance and financial payback, multivehicle and commercial  
            scale deployments and deployment of early commercially  
            available advanced vehicles and equipment.

          7.Requires ARB to give priority to projects that benefit  
            disadvantaged communities, leverage additional funds, result  
            in cobenefits, has potential to be replicated and provide  
            regional benefit, and have other specified characteristics. 

          8.Requires ARB, in consultation with CEC, to create a multiyear  
            framework and plan that articulates an overarching vision for  
            moving the technologies through the commercialization process,  
            outlines technology categories that may be funded and  
            describes roles of agencies and process for coordination.  

          9.Defines "zero and near-zero emission" to mean vehicles, fuels,  
            and related technologies that reduce GHG emissions when  
            compared with conventional or fully commercialized  
            alternatives, as defined by ARB, in consultation with CEC. 

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

          According to the Senate Appropriations Committee:

              ARB indicates it will incur costs of approximately $644,000  
              in 2015-16 as follows:  $344,000 and two personnel years  
              (PYs) of staff to develop and adopt program guidelines, and  

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              an additional $300,000 to conduct market research for the  
              development of performance criteria and metrics for  
              deployment incentives.  (GGRF)

              ARB indicates it will incur ongoing costs of approximately  
              $344,000 and two PYs to develop a multiyear framework and  
              plan, and to administer the Technology Program.  Actual  
              costs and staffing needs would depend upon the amount of  
              funding dedicated to the Technology Program, which is  
              unspecified in this bill.

              CEC indicates it will incur one-time costs of approximately  
              $250,000 and two PYs of staff to assist in the development  
              of a multiyear framework and plan.  Ongoing costs for  
              consultation with ARB would be absorbable.  (GGRF)

              Unknown ongoing costs to fund program expenditures and  
              grants, likely in the tens of millions annually.  (GGRF)

           SUPPORT  :   (Verified  4/30/14 -- unable to verify at time of  
          writing)

          California Association of Port Authorities
          California League of Conservation Voters
          CALSTART
          Natural Resources Defense Council

           OPPOSITION  :    (Verified  4/30/14 -- unable to verify at time of  
          writing)

          California Chamber of Commerce
          California League of Food Processors
          California Manufacturers and Technology Association

           ARGUMENTS IN SUPPORT  :    The author's office notes that 40% of  
          California's contribution to climate pollution comes from cars,  
          trucks, trains, and other mobile sources.  While technology for  
          light-duty cars has progressed significantly, making it widely  
          available for commercial use, technology for heavy-duty trucks  
          and buses is severely lagging.  It is essential to reduce GHG  
          emissions and improve air quality in areas that suffer  
          disproportionately from air pollution, such as those near ports  
          or major transportation corridors.   The region surrounding the  
          ports of Los Angeles and Long Beach, for example, ranks as one  

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          of the most polluted in the country.  The author's office states  
          that this bill will make it easier for truck owners to  
          transition to zero- and near-zero technology and improve the  
          health of millions of Californians who live in communities that  
          are burdened daily by transportation-related pollution.

           ARGUMENTS IN OPPOSITION  :    The California Chamber of Commerce  
          (CalChamber) writes:

            CalChamber supports the cost-effective implementation of AB  
            32.  CARB's decision to arbitrarily withhold and sell  
            (auction) allowances will raise billions of dollars at the  
            expense of California businesses and consumers.  This approach  
            runs contrary to expressed goals of AB 32, which is maximizing  
            benefits and minimizing leakage risks and costs.

            As CalChamber has long held, CARB lacks authority to raise  
            revenue through the auction of allowances.  Given the  
            substantial legal uncertainties surrounding CARB's authority  
            to impose an auction, expending the proceeds is premature;  
            therefore we must respectfully OPPOSE SB 1204 (Lara) which  
            seeks to fund zero and near-zero emission truck, bus, and  
            off-road vehicle and equipment technologies with AB 32 auction  
            revenues.


          JA:k  5/25/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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