AB 241: Vehicular air pollution: Clean Transportation Program: vehicle registration and identification plate service fees: smog abatement fee: extension.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-06-26
Current Status:
Failed
(2024-02-01: Died on inactive file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, until January 1, 2024, increases the smog abatement fee on certain vehicles by a specified amount and requires the revenues generated by the increase to be deposited in the Air Quality Improvement Fund and the Alternative and Renewable Fuel and Vehicle Technology Fund.
Existing law, until January 1, 2024, increases vehicle registration fees and certain service fees for identification plates by specified amounts. Existing law requires the revenue generated by the increase in those fees to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided.
This bill would extend the increases in those charges to July 1, 2035.
Existing law, until January 1, 2024, prohibits the State Air Resources Board from enforcing any element of its clean fuels outlet regulations or other regulation that requires or has the effect of requiring suppliers, as defined, to construct, operate, or provide funding for the construction or operation of publicly available hydrogen-fueling stations. Existing law, until January 1, 2024, requires the state board to aggregate and make available certain information regarding projected leases and sales of, and the registration of, hydrogen-fueled vehicles, to evaluate, based on that information, the need for additional publicly available hydrogen-fueling stations for the actual and projected number of hydrogen-fueled vehicles, the geographic areas where fuel will be needed, and station coverage, and to report the finding of the evaluation to the State Energy Resources Conservation and Development Commission. Existing law, until January 1, 2024, requires the commission to annually allocate $20,000,000 to fund the number of publicly available hydrogen-fueling stations identified by the state board, not to exceed 20% of the moneys appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology Fund, until at least 100 publicly available hydrogen-fueling stations are operating in the state.
This bill would extend the above-described provisions to July 1, 2035, and would repeal them as of January 1, 2036. The bill would lower the annual allocation described above to $10,000,000, require the commission to make that allocation only until July 1, 2030, and impose other specified requirements. The bill would also delete the requirements that the hydrogen-fueling stations be publicly available and that there be at least 100 hydrogen-fueling stations operating in the state.
Existing law creates the Enhanced Fleet Modernization Program to provide compensation for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. Existing law requires the Bureau of Automotive Repair to administer the program and the state board to adopt the guidelines for the program. Existing law requires the guidelines to ensure vehicle replacement or a mobility option be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired. Existing law creates the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account and makes available, upon appropriation, all moneys in the account to establish, implement, and administer the program.
This bill would require the guidelines to ensure each replacement vehicle in the program be either a plug-in hybrid or zero-emission vehicle unless the state board makes a specified determination regarding either the availability of vehicles or the availability of charging and refueling capabilities in consultation with the commission, as specified.
Existing law establishes the Clean Transportation Program that is administered by the commission to provide financial assistance to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies with an emphasis on the development and deployment of technology and alternative and renewable fuels in the marketplace. Existing law authorizes the commission to make a single source or sole source award for applied research.
This bill would revise and recast the Clean Transportation Program to, among other things, change the emphasis of the program to the development and deployment of zero-emission technology and fuels in the marketplace where feasible and near-zero-emission technology and fuels elsewhere. The bill would additionally authorize the commission to make a single source or sole source award to public or nonpublic entities that manage a United States Department of Energy national laboratory. The bill would require the commission, on and after January 1, 2025, to expend at least 50% of the moneys appropriated to the program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians.
The bill would also require the State Energy Resources Conservation and Development Commission, by January 1, 2028, in consultation with the State Air Resources Board and the Department of Motor Vehicles, to propose to the Legislature alternative funding methodologies or fee structures for funding zero-emission vehicle infrastructure for light-, medium-, and heavy-duty vehicles. The bill would require the proposal to include an assessment of the economic equity of the alternatives.
This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law creates the Enhanced Fleet Modernization Program to provide compensation for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. Existing law requires the Bureau of Automotive Repair to administer the program and the State Air Resources Board to adopt the guidelines for the program. Existing law requires the guidelines to ensure vehicle replacement or a mobility option be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired. Existing law creates the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account and makes available, upon appropriation, all moneys in the account to establish, implement, and administer the program.This bill would require the guidelines to ensure each replacement vehicle in the program be either a plug-in hybrid or zero-emission vehicle unless the state board makes a specified determination in consultation with the State Energy Resources Conservation and Development Commission, as specified. (2)Existing law establishes the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies. Existing law requires the commission to give preference to those projects that maximize the goals of the program based on specified criteria and to fund specified eligible projects, including, among others, alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels. Existing law creates the Alternative and Renewable Fuel and Vehicle Technology Fund, to be administered by the commission, and requires the moneys in the fund, upon appropriation by the Legislature, to be expended by the commission to implement the program. This bill would expand the purpose of the program to include developing and deploying innovative technologies that transform Californias fuel and vehicle types to help reduce criteria air pollutants and air toxics. The bill would no longer require the commission to provide certain project preferences. The bill would provide that the goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies and would require the commission to ensure program investments support specified requirements. The bill would require the commission, on and after January 1, 2025, to expend at least 50% of the moneys appropriated to the program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and would require at least 50% of funding for tangible location-based investments to be expended in disadvantaged and low-income communities. (3)Existing law establishes the Air Quality Improvement Program under the administration of the State Air Resources Board for the purpose funding air quality improvement projects relating to fuel and vehicle technologies. The primary purpose of the program is to fund projects to reduce criteria air pollutants, improve air quality, and provide funding for research to determine and improve the air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. Existing law establishes a list of projects eligible for funding under the program. Existing law creates the Air Quality Improvement Fund, and requires the state board to expend the moneys in that fund, upon appropriation by the Legislature, to implement the Air Quality Improvement Program.This bill would instead provide that the purpose of the program is to fund air quality improvement projects relating to zero-emission fuel and vehicle technologies and that the primary purpose of the program is to fund projects to reduce criteria air pollutants in the logistics, trucking, off-road, warehouse, and port sectors, improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies. The bill would also revise the list of projects eligible for funding under the program.(4)Existing law, until January 1, 2024, increases vehicle registration fees, vessel registration fees, and specified service fees for identification plates by a specified amount. Existing law requires the revenue generated by the increase in those charges to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided.Existing law, until January 1, 2024, imposes on certain vehicles a smog abatement fee of $20, and requires a specified amount of this charge to be deposited in the Air Quality Improvement Fund and in the Alternative and Renewable Fuel and Vehicle Technology Fund.This bill would extend those charges in the amounts required to make those deposits until January 1, 2035. (5)This bill would declare that it is to take effect immediately as an urgency statute.(1)Existing law creates the Enhanced Fleet Modernization Program to provide compensation for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. Existing law requires the Bureau of Automotive Repair to administer the program and the State Air Resources Board to adopt the guidelines for the program. Existing law requires the guidelines to ensure vehicle replacement or a mobility option be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired. Existing law creates the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account and makes available, upon appropriation, all moneys in the account to establish, implement, and administer the program.
This bill would require the guidelines to ensure each replacement vehicle in the program be either a plug-in hybrid or zero-emission vehicle unless the state board makes a specified determination in consultation with the State Energy Resources Conservation and Development Commission, as specified.
(1)(2)Existing law establishes the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies. Existing law requires the commission to give preference to those projects that maximize the goals of the program based on specified criteria and to fund specified eligible projects, including, among others, alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels. Existing law creates the Alternative and Renewable Fuel and Vehicle Technology Fund, to be administered by the commission, and requires the moneys in the fund, upon appropriation by the Legislature, to be expended by the commission to implement the program.
This bill would expand the purpose of the program to include developing and deploying innovative technologies that transform Californias fuel and vehicle types to help reduce criteria air pollutants and air toxics. The bill would no longer require the commission to provide certain project preferences. The bill would provide that the goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies and would require the commission to ensure program investments support specified requirements. The bill would require the commission, on and after January 1, 2025, to expend at least 50% of the moneys appropriated to the program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and would require at least 50% of funding for tangible location-based investments to be expended in disadvantaged and low-income communities.
(2)(3)Existing law establishes the Air Quality Improvement Program under the administration of the State Air Resources Board for the purpose funding air quality improvement projects relating to fuel and vehicle technologies. The primary purpose of the program is to fund projects to reduce criteria air pollutants, improve air quality, and provide funding for research to determine and improve the air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. Existing law establishes a list of projects eligible for funding under the program. Existing law creates the Air Quality Improvement Fund, and requires the state board to expend the moneys in that fund, upon appropriation by the Legislature, to implement the Air Quality Improvement Program.
This bill would instead provide that the purpose of the program is to fund air quality improvement projects relating to zero-emission fuel and vehicle technologies and that the primary purpose of the program is to fund projects to reduce criteria air pollutants in the logistics, trucking, off-road, warehouse, and port sectors, improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies. The bill would also revise the list of projects eligible for funding under the program.
(3)(4)Existing law, until January 1, 2024, increases vehicle registration fees, vessel registration fees, and specified service fees for identification plates by a specified amount. Existing law requires the revenue generated by the increase in those charges to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided.
Existing law, until January 1, 2024, imposes on certain vehicles a smog abatement fee of $20, and requires a specified amount of this charge to be deposited in the Air Quality Improvement Fund and in the Alternative and Renewable Fuel and Vehicle Technology Fund.
This bill would extend those charges in the amounts required to make those deposits until January 1, 2035, thereby imposing a tax. 2035.
(4)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.(5)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law establishes the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies. Existing law requires the commission to give preference to those projects that maximize the goals of the program based on specified criteria and to fund specified eligible projects, including, among others, alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels. Existing law creates the Alternative and Renewable Fuel and Vehicle Technology Fund, to be administered by the commission, and requires the moneys in the fund, upon appropriation by the Legislature, to be expended by the commission to implement the program.
This bill would expand the purpose of the program to include developing and deploying innovative technologies that transform Californias fuel and vehicle types to help reduce criteria air pollutants and air toxics. The bill would no longer require the commission to provide certain project preferences. The bill would provide that the goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies and would require the commission to ensure program investments support specified requirements. The bill would require the commission, on and after January 1, 2025, to expend at least 50% of the moneys appropriated to the program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and would require at least 50% of funding for tangible location-based investments to be expended in disadvantaged and low-income communities.
(2)Existing law establishes the Air Quality Improvement Program under the administration of the State Air Resources Board for the purpose funding air quality improvement projects relating to fuel and vehicle technologies. The primary purpose of the program is to fund projects to reduce criteria air pollutants, improve air quality, and provide funding for research to determine and improve the air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. Existing law establishes a list of projects eligible for funding under the program. Existing law creates the Air Quality Improvement Fund, and requires the state board to expend the moneys in that fund, upon appropriation by the Legislature, to implement the Air Quality Improvement Program.
This bill would instead provide that the purpose of the program is to fund air quality improvement projects relating to zero-emission fuel and vehicle technologies and that the primary purpose of the program is to fund projects to reduce criteria air pollutants in the logistics, trucking, and port sectors, improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies. The bill would also revise the list of projects eligible for funding under the program.
(3)Existing law, until January 1, 2024, increases vehicle registration fees, vessel registration fees, and specified service fees for identification plates by a specified amount. Existing law requires the revenue generated by the increase in those charges to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided.
Existing law, until January 1, 2024, imposes on certain vehicles a smog abatement fee of $20, and requires a specified amount of this charge to be deposited in the Air Quality Improvement Fund and in the Alternative and Renewable Fuel and Vehicle Technology Fund.
This bill would extend those charges in the amounts required to make those deposits until January 1, 2035, thereby imposing a tax.
(4)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
The California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 creates the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies.This bill would state the intent of the Legislature to enact future legislation related to the Clean Transportation Program.The California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 creates the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies.
This bill would state the intent of the Legislature to enact future legislation related to the Clean Transportation Program.
(a)For purposes of this section, the following terms have the following meanings:
(1)Commission means the State Energy Resources Conservation and Development Commission.
(2)Publicly available hydrogen-fueling station means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.
(b)Notwithstanding any other law, the state board shall have no authority to enforce any element of its existing clean fuels outlet regulation or of any other regulation that requires or has the effect of requiring that any supplier, as defined in Section 7338 of the Revenue and Taxation Code as in effect on May 22, 2013, construct, operate, or provide funding for the construction or operation of any publicly available hydrogen-fueling station.
(c)On or before June 30, 2014, and every year thereafter, the state board shall aggregate and make available all of the following:
(1)The number of hydrogen-fueled vehicles that motor vehicle manufacturers project to be sold or leased over the next three years as reported to the state board pursuant to the Low Emission Vehicle regulations, as currently established in Sections 1961 to 1961.2, inclusive, of Title 13 of the California Code of Regulations.
(2)The total number of hydrogen-fueled vehicles registered with the Department of Motor Vehicles through April 30.
(d)On or before June 30, 2014, and every year thereafter, the state board, based on the information made available pursuant to subdivision (c), shall do both of the following:
(1)Evaluate the need for additional publicly available hydrogen-fueling stations for the subsequent three years in terms of quantity of fuel needed for the actual and projected number of hydrogen-fueled vehicles, geographic areas where fuel will be needed, and station coverage.
(2)Report findings to the commission on the need for additional publicly available hydrogen-fueling stations in terms of number of stations, geographic areas where additional stations will be needed, and minimum operating standards, such as number of dispensers, filling protocols, and pressures.
(e)(1)The commission shall allocate twenty ten million dollars ($20,000,000) annually ($10,000,000) annually, until July 1, 2030, under the Clean Transportation Program to fund the number of hydrogen-fueling stations identified pursuant to subdivision (d), to support hydrogen vehicles, not to exceed 20 10 percent of the moneys appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology Fund, established pursuant to Section 44273, until there are at least 100 publicly available is a sufficient network of hydrogen-fueling stations in operation in California. California to support existing and expected hydrogen vehicles, as determined by the commission, and in consultation with the state board.
(2)Fifty percent of the allocated funds related to paragraph (1) shall be used to fund hydrogen-fueling stations that directly benefit or serve residents of low-income communities and disadvantaged communities as defined by CalEnviroScreen.
(2)(3)If the commission, in consultation with the state board, determines that the full amount identified in paragraph (1) is not needed to fund the number of stations identified by the state board pursuant to subdivision (d), the commission may allocate any remaining moneys to other projects, subject to the requirements of the Clean Transportation Program pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9.
(3)(4)Allocations by the commission pursuant to this subdivision shall be subject to all of the requirements applicable to allocations from the Clean Transportation Program pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9.
(5)If the allocated annual funding identified in paragraph (1) is undersubscribed after a competitive grant funding opportunity has made the funding available, the commission may allocate any remaining moneys to other projects, subject to the requirements of the Clean Transportation Program pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9.
(4)(6)The commission, in consultation with the state board, shall award moneys allocated in paragraph (1) based on best available data, including information made available pursuant to subdivision (d), and input from relevant stakeholders, including motor vehicle manufacturers that have planned deployments of hydrogen-fueled vehicles, according to a strategy that supports the deployment of an effective and efficient hydrogen-fueling station network in a way that maximizes benefits to the public while minimizing costs to the state.
(5)(7)Notwithstanding paragraph (1), once the commission determines, in consultation with the state board, that the private sector is establishing publicly available hydrogen-fueling stations without the need for government support, the commission may cease providing funding for those stations.
(6)(8)On or before December 31, 2015, and annually thereafter, the commission and the state board shall jointly review and report on progress toward establishing a hydrogen-fueling network that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed into operation in the state. The commission and the state board shall consider the following, including, but not limited to, the available plans of automobile manufacturers to deploy hydrogen-fueled vehicles in California and their progress toward achieving those plans, the rate of deployment of hydrogen-fueled vehicles, the length of time required to permit and construct hydrogen-fueling stations, the coverage and capacity coverage, capacity, and public accessibility of the existing hydrogen-fueling station network, and the amount and timing of growth in the fueling network to ensure fuel is available to these vehicles. The review shall also determine the remaining cost and timing to establish a sufficient network of 100 publicly available hydrogen-fueling stations and whether funding from the Clean Transportation Program remains necessary to achieve this goal.
(f)To assist in the implementation of this section and maximize the ability to deploy fueling infrastructure as rapidly as possible with the assistance of private capital, the commission may design grants, loan incentive programs, revolving loan programs, and other forms of financial assistance. The commission also may enter into an agreement with the Treasurer to provide financial assistance to further the purposes of this section.
(g)Funds appropriated to the commission for the purposes of this section shall be available for encumbrance by the commission for up to four years from the date of the appropriation and for liquidation up to four years after expiration of the deadline to encumber.
(h)Notwithstanding any other law, the state board, in consultation with districts, no later than July 1, 2014, shall convene working groups to evaluate the policies and goals contained within the Carl Moyer Memorial Air Quality Standards Attainment Program, pursuant to Section 44280, and Assembly Bill 923 (Chapter 707 of the Statutes of 2004).
(i)This section shall remain in effect only until January become inoperative on July 1, 2024, and 2035, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. 2036, is repealed.
SEC. 2.Section 44060.5 of the Health and Safety Code is amended to read:44060.5.(a)Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased by eight dollars ($8).
(b)Revenues generated by the increase described in this section shall be distributed as follows:
(1)The revenues generated by four dollars ($4) shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(2)The revenues generated by four dollars ($4) shall be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273.
(c)This section shall remain in effect only until January become inoperative on July 1, 2024, and 2035, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. 2036, is repealed.
SEC. 3.Section 44125 of the Health and Safety Code is amended to read:44125.(a)(1)No later than July 1, 2009, the state board, in consultation with the bureau, shall adopt a program to commence on January 1, 2010, that allows for the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. The program shall be administered by the bureau pursuant to guidelines adopted by the state board.
(2)No later than July 1, 2019, the state board shall update the guidelines for the program established pursuant to this subdivision to make applicable to light-duty pickup trucks the same standard for miles per gallon that is applicable to minivans. This subdivision shall apply to only purchasers who are retiring a light-duty pickup truck.
(b)Beginning in the 201819 fiscal year, and every fiscal year thereafter, the state board, in consultation with the bureau, shall set specific, measurable goals for the retirement of passenger vehicles and light- and medium-duty trucks that are high polluters.
(c)(1)The state board, in consultation with the bureau, shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for both the program and Clean Cars 4 All no later than January 1, 2019.
(2)The program shall continue to be administered by the bureau pursuant to guidelines adopted by the state board.
(d)The guidelines shall ensure all of the following:
(1)Vehicles retired pursuant to the program are permanently removed from operation and retired at a dismantler under contract with the bureau.
(2)Districts retain their authority to administer vehicle retirement programs otherwise authorized by law.
(3)The program is available for high-polluter passenger vehicles and light-duty and medium-duty trucks that have been continuously registered in California for two years prior to acceptance into the program or otherwise proven to have been driven primarily in California for the last two years and have not been registered in another state or country in the last two years. The guidelines may require a vehicle to take, complete, or pass a smog check inspection.
(4)The program is focused where the greatest air quality impact can be identified.
(5)The program is focused on achieving improvements to air quality and benefits to low-income state residents through the retirement of high-polluter passenger motor vehicles owned by low-income state residents.
(6)(A)Compensation for retired vehicles is at least one thousand five hundred dollars ($1,500) for a low-income motor vehicle owner and not more than one thousand dollars ($1,000) for all other motor vehicle owners.
(B)Replacement or a mobility option may be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired pursuant to subparagraph (A). For low-income motor vehicle owners, compensation toward a replacement vehicle or mobility option shall be no less than two thousand five hundred dollars ($2,500). Compensation toward a replacement vehicle for all other motor vehicle owners shall not exceed compensation for low-income motor vehicle owners.
(C)Compensation for either retired or replacement vehicles or a mobility option for low-income motor vehicle owners may be increased as necessary to maximize the air quality benefits of the program while also ensuring participation by low-income motor vehicle owners. Increases in compensation amounts may be based on factors, including, but not limited to, the age of the retired or replaced vehicle, the emissions benefits of the retired or replaced vehicle, the emissions impact of any replacement vehicle, participation by low-income motor vehicle owners, and the location of the vehicle in an area of the state with the poorest air quality.
(D)(i)Each replacement vehicle in the program shall be either a plug-in hybrid or zero-emission vehicle unless the state board determines, in consultation with the State Energy Resources Conservation and Development Commission, either of the following:
(I)Electric charging and refueling capabilities are inadequate for drivers whose homes are located in rural areas, multifamily housing, or other use cases deemed appropriate by the State Energy Resources Conservation and Development Commission.
(II)An adequate supply of affordable plug-in hybrid and zero-emission vehicles is not available in the new or secondary markets.
(ii)The state board may use the assessment prepared pursuant to Section 25229 of the Public Resources Code, and may consult with districts, to make the determination pursuant to clause (i).
(7)Cost-effectiveness and impacts on disadvantaged and low-income populations are considered. Program eligibility may be limited on the basis of income to ensure the program adequately serves persons of low or moderate income.
(8)Provisions coordinate the vehicle retirement and replacement and mobility option components of the program with the vehicle retirement component of the bureaus Consumer Assistance Program, established pursuant to other provisions of this chapter, and Clean Cars 4 All to ensure vehicle owners participate in the appropriate program to maximize participation and emissions reductions.
(9)Where If applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(10)Provisions enhance the prescreening of applicants to the program, if determined by the state board to be appropriate.
(11)Specific steps ensure the vehicle replacement and mobility option component of the program is available in areas designated as federal extreme nonattainment.
(12)A requirement that vehicles eligible for retirement have sufficient remaining life. Demonstration of sufficient remaining life may include proof of current registration, completing a recent smog check inspection, or completing another test similar to a smog check inspection.
SEC. 4.Section 44270.3 of the Health and Safety Code is amended to read:44270.3.(a)For the purposes of this chapter, the following terms have the following meanings:
(1)Benefit-cost score, for the Clean Transportation Program created pursuant to Section 44272, means a projects expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund.
(2)California Native American tribe means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
(2)(3)Commission means the State Energy Resources Conservation and Development Commission.
(3)(4)Full fuel-cycle assessment or life-cycle assessment means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following:
(A)Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein.
(B)Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein.
(C)Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation.
(4)(5)Tribal organization means a corporation, association, or group controlled, sanctioned, or chartered by a California federally recognized Native American tribe that is subject to its laws, the laws of the State of California, or the laws of the United States relating to Native American affairs. States.
(5)(6)Vehicle technology means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials.
(b)For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following terms have the following meanings:
(1)Benefit-cost score means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project.
(2)Project means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274.
SEC. 5.Section 44271 of the Health and Safety Code is amended to read:44271.(a)This chapter creates the Clean Transportation Program, pursuant to Section 44272, to be administered by the commission, and the Air Quality Improvement Program, pursuant to Section 44274, to be administered by the state board. The commission and the state board shall do all of the following in fulfilling their responsibilities pursuant to their respective programs:
(1)Establish sustainability goals to ensure that alternative and renewable fuel and vehicle deployment projects, on a full fuel-cycle assessment basis, will not adversely impact natural resources, especially state and federal lands.
(2)Establish a competitive process for the allocation of funds for projects funded pursuant to this chapter, which considers, among other factors, the benefit-cost score, as defined in subdivision (a) of Section 44270.3, associated with a project for the Clean Transportation Program or, as defined in paragraph (1) of subdivision (e) (b) of Section 44270.3, associated with a project, as defined in paragraph (2) of subdivision (e) (b) of Section 44270.3, for the Air Quality Improvement Program.
(3)Identify additional federal and private funding opportunities to augment or complement the programs created pursuant to this chapter.
(4)Ensure that the results of the reductions in emissions or benefits can be measured and quantified.
(5)Ensure that those revenues derived from fees imposed on motor vehicles that are expended pursuant to this chapter, as amended by Assembly Bill 8 of the 201314 Regular Session of the Legislature, chapter are expended in compliance with Section 3 of Article XIX of the California Constitution, as were the revenues derived from fees imposed on motor vehicles pursuant to Assembly Bill 118 (Chapter 750 of the Statutes of 2007).
(b)The state board, in consultation with the commission, shall develop and adopt guidelines for both the Clean Transportation Program and the Air Quality Improvement Program to ensure that programs meet both of the following requirements:
(1)Activities undertaken pursuant to the programs complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant and greenhouse gas emissions.
(2)Activities undertaken pursuant to the programs maintain or improve upon emission reductions and air quality benefits in the State Implementation Plan for Ozone, California Phase 2 Reformulated Gasoline standards, and diesel fuel regulations.
(c)For the purposes of both of the programs created by this chapter, eligible projects do not include those required to be undertaken pursuant to state or federal law, district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. For the purposes of the Clean Transportation Program, the state board shall advise the commission to ensure the requirements of this subdivision are met.
SEC. 6.Section 44272 of the Health and Safety Code is amended to read:44272.(a)The Clean Transportation Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, California federally recognized Native American tribes, tribal organizations, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help attain the states climate change policies. The emphasis of this program shall be to develop and deploy zero-emission technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology. marketplace where feasible and near-zero-emission technology and fuels elsewhere.
(b)The goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies, including, but not limited to, any of the following:
(1)Section 39719.2.
(2)Section 39730.5.
(3)Section 43024.2.
(4)Section 44124.5.
(5)Section 44391.2.
(6)Section 25229 of the Public Resources Code.
(7)Section 25327 of the Public Resources Code.
(8)Section 14517 of the Government Code.
(c)On or after January 1, 2025, when developing the investment plan pursuant to Section 44272.5, the commission shall prioritize program investments into the following:
(1)Deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet the clean transportation, equity, air quality, and climate emission goals described in subdivision (b).
(2)Deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified pursuant to Sections 25229 and 25231 of the Public Resources Code and advance the goals identified in Executive Order No. N-79-20.
(d)On and after January 1, 2025, no less than 50 percent of investments expended pursuant to subdivision (a) shall be expended in accordance with Section 44272.1.
(b)(e)A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commissions executive director, or the executive directors designee, the authority to approve either of the following:
(1)A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.
(2)Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.
(c)(f)The commission shall provide preferences to those projects that maximize the goals of the Clean Transportation Program, based on the following criteria, as applicable:
(1)The projects ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals. (2)(1)The projects consistency with existing and future state climate change policy and low-carbon fuel standards.
(3)(2)The projects ability to reduce greenhouse gas emissions, criteria air pollutants pollutants, and air toxics toxics, and reduce or avoid multimedia environmental impacts.
(4)The projects ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations. (5)(3)The project does not adversely impact the sustainability of the states natural resources, especially state and federal lands.
(6)(4)The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.
(7)(5)The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.
(8)(6)The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.
(9)The projects ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board. (10)The projects use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends. (11)(7)The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.
(12)(8)The projects ability to transition workers to, or promote employment in, the alternative zero-emission fuel and renewable vehicle technology where feasible and near-zero-emission fuel and vehicle technology sector. elsewhere.
(13)(9)The project is in a nonattainment area pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and, if applicable, preference shall be given to projects in the highest designation of nonattainment.
(14)(10)The project advances the comprehensive strategy for vehicles pursuant to Section 43024.2.
(d)(g)The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), (f), and shall give additional preference to funding those projects with higher benefit-cost scores.
(e)(h)Only the following shall be eligible for funding:
(1)Alternative Zero-emission fuel projects where feasible and renewable near-zero-emission fuel projects elsewhere to develop and improve alternative zero-emission and renewable low-carbon near-zero-emission fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.
(2)Demonstration and deployment projects that optimize alternative zero-emission fuels and renewable infrastructure where feasible and near-zero-emission fuels and infrastructure elsewhere for existing and developing engine technologies.
(3)Projects to produce alternative and renewable low-carbon fuels in California.
(4)Projects to decrease the overall impact of an alternative and renewable fuels life-cycle carbon footprint and increase sustainability.
(5)Alternative and renewable Zero-emission fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel equipment where feasible and near-zero-emission fuel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel. elsewhere.
(6)Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.
(7)Programs and projects that accelerate the commercialization of vehicles zero-emission vehicles, fuels, and alternative infrastructure where feasible and renewable near-zero-emission vehicles, fuels, and infrastructure elsewhere, including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.
(8)Programs and projects to retrofit medium- and heavy-duty on-road and nonroad vehicle fleets with zero-emission technologies where feasible and near-zero-emission technologies elsewhere that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.
(9)Infrastructure projects that promote alternative zero-emission infrastructure development where feasible and renewable near-zero-emission fuel infrastructure development elsewhere connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.
(10)Workforce training programs related to the development and deployment of technologies that transform Californias fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative zero-emission vehicles, technologies, fuels, and renewable fuel feedstock production infrastructure where feasible and extraction; renewable fuel production, distribution, transport, near-zero-emission vehicles, technologies, fuels, and storage; high-performance and low-emission vehicle technology and high tower electronics; infrastructure elsewhere; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the states greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.
(11)Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable zero-emission fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.
(12)Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon zero-emission transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.
(13)A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.
(i)(1)The commission may make a single source or sole source award pursuant to this section to either of the following:
(A)A public or nonpublic entity that manages a United States Department of Energy national laboratory.
(B)A public or nonpublic entity for an applied research project.
(f)(2)The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.
(g)(j)The commission may do all of the following:
(1)Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).
(2)Contract with small business financial development corporations established by the Governors Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).
(3)Advance funds, pursuant to an agreement with the commission, to any of the following:
(A)A public entity.
(B)A nonpublic entity managing a United States Department of Energy national laboratory.
(B)(C)A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.
(C)(D)An administrator of a block grant program.
(h)(k)The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.
SEC. 7.Section 44272.1 is added to the Health and Safety Code, to read:44272.1.(a)On and after January 1, 2025, the commission shall expend at least 50 percent of the moneys appropriated to the Clean Transportation Program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians.
(b)Eligible programs and projects that meet the equity criteria described in subdivision (a) may include, but are not limited to, any of the following:
(1)Programs that fill gaps in the equitable distribution of light-duty charging infrastructure identified pursuant to Section 25231 of the Public Resources Code, including programs deploying charging or refueling stations at low-income residential and multiunit dwelling locations.
(2)Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities.
(3)Infrastructure for public transportation and schoolbus electrification programs.
(4)Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities.
(5)Financing assistance and charging, or fueling incentives for customers residing in disadvantaged and low-income communities.
(6)Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options.
(7)Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
(c)The commission shall consult with the disadvantaged community advisory group established pursuant to Section 400 of the Public Utilities Code and the advisory body created pursuant to Section 44272.5 to ensure that this section is effectively implemented.
SEC. 8.Section 44272.4 of the Health and Safety Code is repealed.44272.4.(a)Notwithstanding subdivision (d) of Section 44272.3, on and after June 30, 2013, a biorefiner receiving loan moneys from the state pursuant to an appropriation made in the 201011 or 201112 fiscal year shall comply with all conditions established pursuant to Section 44272.3 and shall demonstrate that compliance to the commission.(b)On and after July 1, 2013, the eligibility for funding, pursuant to paragraph (1) of subdivision (e) of Section 44272, of projects for the production of ethanol is limited to ethanol that is not derived from corn. This limitation does not apply to ethanol derived from corn stover, leaves, cobs, or other nonedible plant portions of the corn.SEC. 9.Section 44272.6 is added to the Health and Safety Code, to read:44272.6.By January 1, 2028, the State Energy Resources Conservation and Development Commission, in consultation with the State Air Resources Board and the Department of Motor Vehicles, shall propose to the Legislature alternative funding methodologies or fee structures for funding zero-emission vehicle infrastructure for light-, medium-, and heavy-duty vehicles. The proposal shall include an assessment of the economic equity of the alternatives.
SEC. 10.Section 44274 of the Health and Safety Code is amended to read:44274.(a)The Air Quality Improvement Program is hereby created. The program shall be administered by the state board, in consultation with the districts. The state board shall develop guidelines to implement the program. Prior to the adoption of the guidelines, the state board shall hold at least one public hearing. In addition, the state board shall hold at least three public workshops with at least one workshop in northern California, one in the central valley, and one in southern California. The purpose of the program shall be to fund, upon appropriation by the Legislature, air quality improvement projects relating to zero-emission fuel and vehicle technologies. The primary purpose of the program shall be to fund projects to reduce criteria air pollutants, pollutants in the logistics, goods movement, off-road, warehouse, and port sectors, improve air quality, and provide funding for research to determine and quality in nonattainment basins, with a priority for projects located in the areas of extreme nonattainment, and improve the air quality impacts of alternative zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
(b)The state board shall provide preference in awarding funding to those projects with higher benefit-cost scores that maximize the purposes and goals of the Air Quality Improvement Program. The state board also may give additional preference based on the following criteria, as applicable, in funding awards to projects:
(1)Proposed or potential reduction of criteria or toxic air pollutants.
(2)Contribution to regional air quality improvement.
(3)Ability to promote the use of clean alternative fuels and vehicle technologies as determined by the state board, in coordination with the commission.
(4)Ability to achieve climate change benefits in addition to criteria pollutant or air toxic emissions reductions.
(5)Ability to support market transformation of Californias vehicle or equipment fleet to low utilize low carbon or utilize zero-emission technologies.
(6)Ability to leverage private capital investments.
(c)The program shall be limited to competitive grants, revolving loans, loan guarantees, loans, and other appropriate funding measures that further the purposes of the program. Projects to be funded shall include only the following:
(1)On-road and off-road equipment projects that are cost effective.
(2)Projects that provide mitigation for off-road gasoline exhaust and evaporative emissions.
(3)Projects that provide research to determine the air quality impacts of alternative fuels and projects that study the life-cycle impacts of alternative fuels and conventional fuels, the emissions of biofuel and advanced reformulated gasoline blends, and air pollution improvements and control technologies for use with alternative fuels and vehicles. (4)Projects that augment the University of Californias agricultural experiment station and cooperative extension programs for research to increase sustainable biofuels production and improve the collection of biomass feedstock. (5)(3)Incentives for small off-road equipment replacement to encourage consumers to replace internal combustion engine lawn and garden equipment.
(6)(4)Incentives for medium- and heavy-duty vehicles and equipment mitigation, including all of the following:
(A)Lower emission schoolbus programs.
(B)Electric, hybrid, and plug-in hybrid on-road and off-road medium- and heavy-duty equipment.
(C)Regional air quality improvement and attainment programs implemented by the state or districts in the most impacted regions of the state.
(D)Precommercial demonstrations of advanced vehicles, engines, equipment, and transportation systems.
(7)(5)Workforce training initiatives related to advanced energy technology designed to reduce air pollution, including state-of-the-art equipment and goods, and new processes and systems. Workforce training initiatives funded shall be broad-based partnerships that leverage other public and private job training programs and resources. These partnerships may include, though are not limited to, employers, labor unions, labor-management partnerships, community organizations, workforce investment boards, postsecondary education providers including community colleges, and economic development agencies.
(8)(6)Incentives to identify and reduce emissions from high-emitting light-duty vehicles.
(d)(1)Beginning January 1, 2011, the state board shall submit to the Legislature a biennial report to evaluate the implementation of the Air Quality Improvement Program established pursuant to this chapter.
(2)The report shall include all of the following:
(A)A list of projects funded by the Air Quality Improvement Account.
(B)The expected benefits of the projects in promoting clean, alternative fuels and vehicle technologies.
(C)Improvement in air quality and public health, greenhouse gas emissions reductions, and the progress made toward achieving these benefits.
(D)The impact of the projects in making progress toward attainment of state and federal air quality standards.
(E)Recommendations for future actions.
(3)The state board may include the information required to be reported pursuant to paragraph (1) in an existing report to the Legislature as the state board deems appropriate. The state board may also include in an existing report the description of how grant, loan, voucher, or other incentive projects that receive moneys from the Air Quality Improvement Fund are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
(e)Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Quality Improvement Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
SEC. 11.Section 9250.1 of the Vehicle Code is amended to read:9250.1.(a)Beginning July 1, 2008, the fee described in Section 9250 shall be increased by three dollars ($3).
(b)Two dollars ($2) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and one dollar ($1) shall be deposited into the Enhanced Fleet Modernization Subaccount created by Section 44126 of the Health and Safety Code.
(c)This section shall remain in effect only until January become inoperative on July 1, 2024, and 2035, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. 2036, is repealed.
SEC. 12.Section 9261.1 of the Vehicle Code is amended to read:9261.1.(a)Beginning July 1, 2008, the fee described in Section 9261, as adjusted pursuant to Section 1678, shall be increased by five dollars ($5).
(b)Two dollars and fifty cents ($2.50) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and two dollars and fifty cents ($2.50) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(c)This section shall remain in effect only until January become inoperative on July 1, 2024, and 2035, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. 2036, is repealed.
SEC. 13.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure stable funding for programs reducing air pollution and for the protection of the public health and safety from air pollution, it is necessary for this measure to take effect immediately.
SECTION 1.Section 44060.5 of the Health and Safety Code is amended to read:44060.5.(a)Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased by eight dollars ($8).(b)Revenues generated by the increase described in this section shall be distributed as follows:(1)The revenues generated by four dollars ($4) shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.(2)The revenues generated by four dollars ($4) shall be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273.(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.SEC. 2.Section 44125 of the Health and Safety Code is amended to read:44125.(a)(1)No later than July 1, 2009, the state board, in consultation with the bureau, shall adopt a program to commence on January 1, 2010, that allows for the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. The program shall be administered by the bureau pursuant to guidelines adopted by the state board.(2)No later than July 1, 2019, the state board shall update the guidelines for the program established pursuant to this subdivision to make applicable to light-duty pickup trucks the same standard for miles per gallon that is applicable to minivans. This subdivision shall apply to only purchasers who are retiring a light-duty pickup truck.(b)Beginning in the 201819 fiscal year, and every fiscal year thereafter, the state board, in consultation with the bureau, shall set specific, measurable goals for the retirement of passenger vehicles and light- and medium-duty trucks that are high polluters.(c)(1)The state board, in consultation with the bureau, shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for both the program and Clean Cars 4 All no later than January 1, 2019.(2)The program shall continue to be administered by the bureau pursuant to guidelines adopted by the state board.(d)The guidelines shall ensure all of the following:(1)Vehicles retired pursuant to the program are permanently removed from operation and retired at a dismantler under contract with the bureau.(2)Districts retain their authority to administer vehicle retirement programs otherwise authorized by law.(3)The program is available for high-polluter passenger vehicles and light-duty and medium-duty trucks that have been continuously registered in California for two years prior to acceptance into the program or otherwise proven to have been driven primarily in California for the last two years and have not been registered in another state or country in the last two years. The guidelines may require a vehicle to take, complete, or pass a smog check inspection.(4)The program is focused where the greatest air quality impact can be identified.(5)The program is focused on achieving improvements to air quality and benefits to low-income state residents through the retirement of high-polluter passenger motor vehicles owned by low-income state residents.(6)(A)Compensation for retired vehicles is at least one thousand five hundred dollars ($1,500) for a low-income motor vehicle owner and not more than one thousand dollars ($1,000) for all other motor vehicle owners.(B)Replacement or a mobility option may be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired pursuant to subparagraph (A). For low-income motor vehicle owners, compensation toward a replacement vehicle or mobility option shall be no less than two thousand five hundred dollars ($2,500). Compensation toward a replacement vehicle for all other motor vehicle owners shall not exceed compensation for low-income motor vehicle owners.(C)Compensation for either retired or replacement vehicles or a mobility option for low-income motor vehicle owners may be increased as necessary to maximize the air quality benefits of the program while also ensuring participation by low-income motor vehicle owners. Increases in compensation amounts may be based on factors, including, but not limited to, the age of the retired or replaced vehicle, the emissions benefits of the retired or replaced vehicle, the emissions impact of any replacement vehicle, participation by low-income motor vehicle owners, and the location of the vehicle in an area of the state with the poorest air quality.(D)(i)Each replacement vehicle in the program shall be either a plug-in hybrid or zero-emission vehicle unless the state board determines, in consultation with the State Energy Resources Conservation and Development Commission, either of the following:(I)Electric charging and refueling capabilities are inadequate for drivers whose homes are located in rural areas, multifamily housing, or other use cases deemed appropriate by the State Energy Resources Conservation and Development Commission.(II)An adequate supply of affordable plug-in hybrid and zero-emission vehicles is not available in the new or secondary markets.(ii)The state board may use the assessment prepared pursuant to Section 25229 of the Public Resources Code, and may consult with districts, to make the determination pursuant to clause (i).(7)Cost-effectiveness and impacts on disadvantaged and low-income populations are considered. Program eligibility may be limited on the basis of income to ensure the program adequately serves persons of low or moderate income.(8)Provisions coordinate the vehicle retirement and replacement and mobility option components of the program with the vehicle retirement component of the bureaus Consumer Assistance Program, established pursuant to other provisions of this chapter, and Clean Cars 4 All to ensure vehicle owners participate in the appropriate program to maximize participation and emissions reductions.(9)Where applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.(10)Provisions enhance the prescreening of applicants to the program, if determined by the state board to be appropriate.(11)Specific steps ensure the vehicle replacement and mobility option component of the program is available in areas designated as federal extreme nonattainment.(12)A requirement that vehicles eligible for retirement have sufficient remaining life. Demonstration of sufficient remaining life may include proof of current registration, completing a recent smog check inspection, or completing another test similar to a smog check inspection.SEC. 3.Section 44272 of the Health and Safety Code is amended to read:44272.(a)The Clean Transportation Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, California federally recognized tribes, tribal organizations, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help reduce criteria air pollutants and air toxics and attain the states climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.(b)The goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies, including, but not limited to, any of the following:(1)Section 39719.2.(2)Section 39730.5.(3)Section 43024.2.(4)Section 44124.5.(5)Section 44391.2.(6)Section 25229 of the Public Resources Code.(7)Section 25327 of the Public Resources Code.(8)Section 14517 of the Government Code.(c)On or after January 1, 2025, when developing the investment plan pursuant to Section 44272.5, the commission shall ensure program investments support all of the following:(1)Annually increasing deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet the clean transportation, equity, air quality, and climate emission goals described in subdivision (b).(2)Annually increasing deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified pursuant to Sections 25229 and 25231 of the Public Resources Code and advance the goals identified in Executive Order No. N-79-20.(d)On and after January 1, 2025, no less than 50 percent of investments expended pursuant to subdivision (a) shall be expended in accordance with Section 44272.1.(e)A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commissions executive director, or the executive directors designee, the authority to approve either of the following:(1)A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.(2)Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.(f)The commission shall provide preferences to those projects that maximize the goals of the Clean Transportation Program, based on the following criteria, as applicable:(1)The projects ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts.(2)The project does not adversely impact the sustainability of the states natural resources, especially state and federal lands.(3)The project provides nonstate matching funds or the funding is complementary to state or ratepayer investment. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.(4)The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.(5)The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.(6)The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.(7)The projects ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector.(8)The project is in a nonattainment area pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and, if applicable, preference shall be given to projects in the highest designation of nonattainment.(9)The project advances the comprehensive strategy for vehicles pursuant to Section 43024.2.(g)The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (f), and shall give additional preference to funding those projects with higher benefit-cost scores.(h)Only the following shall be eligible for funding:(1)Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.(2)Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.(3)Projects to produce alternative and renewable low-carbon fuels in California.(4)Projects to decrease the overall impact of an alternative and renewable fuels life-cycle carbon footprint and increase sustainability.(5)Alternative and renewable fuel infrastructure, fueling stations, and equipment.(6)Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.(7)Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels, including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.(8)Programs and projects to retrofit medium- and heavy-duty on-road and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.(9)Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.(10)Workforce training programs related to the development and deployment of technologies that transform Californias fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the states greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.(11)Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.(12)Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.(13)A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.(i)The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.(j)The commission may do all of the following:(1)Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).(2)Contract with small business financial development corporations established by the Governors Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).(3)Advance funds, pursuant to an agreement with the commission, to any of the following:(A)A public entity.(B)A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.(C)An administrator of a block grant program.(k)The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.SEC. 4.Section 44272.1 is added to the Health and Safety Code, to read:44272.1.(a)On and after January 1, 2025, the commission shall expend at least 50 percent of the moneys appropriated to the Clean Transportation Program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and at least 50 percent of the funds for tangible location-based investments shall be expended in disadvantaged and low-income communities. Any of the moneys used for investments that fulfill both criteria shall count toward both requirements.(b)Eligible programs and projects that meet the equity criteria described in subdivision (a) may include, but are not limited to, any of the following:(1)Programs that fill gaps in the equitable distribution of light-duty charging infrastructure identified pursuant to Section 25231 of the Public Resources Code, including programs deploying charging or refueling stations at low-income residential and multiunit dwelling locations.(2)Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities.(3)Infrastructure for public transportation and schoolbus electrification programs.(4)Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities.(5)Financing assistance and vehicle purchase, charging, or fueling incentives for customers residing in disadvantaged and low-income communities.(6)Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options.(7)Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging.(c)The commission shall consult with the disadvantaged community advisory group established pursuant to Section 400 of the Public Utilities Code and the advisory body created pursuant to Section 44272.5 to ensure that this section is effectively implemented.SEC. 5.Section 44272.4 of the Health and Safety Code is amended to read:44272.4.(a)Notwithstanding subdivision (d) of Section 44272.3, on and after June 30, 2013, a biorefiner receiving loan moneys from the state pursuant to an appropriation made in the 201011 or 201112 fiscal year shall comply with all conditions established pursuant to Section 44272.3 and shall demonstrate that compliance to the commission.(b)On and after July 1, 2013, the eligibility for funding, pursuant to paragraph (1) of subdivision (h) of Section 44272, of projects for the production of ethanol is limited to ethanol that is not derived from corn. This limitation does not apply to ethanol derived from corn stover, leaves, cobs, or other nonedible plant portions of the corn.SEC. 6.Section 44274 of the Health and Safety Code is amended to read:44274.(a)The Air Quality Improvement Program is hereby created. The program shall be administered by the state board, in consultation with the districts. The state board shall develop guidelines to implement the program. Prior to the adoption of the guidelines, the state board shall hold at least one public hearing. In addition, the state board shall hold at least three public workshops with at least one workshop in northern California, one in the central valley, and one in southern California. The purpose of the program shall be to fund, upon appropriation by the Legislature, air quality improvement projects relating to zero-emission fuel and vehicle technologies. The primary purpose of the program shall be to fund projects to reduce criteria air pollutants in the logistics, trucking, off-road, warehouse, and port sectors, improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies.(b)The state board shall provide preference in awarding funding to projects with higher benefit-cost scores that maximize the purposes and goals of the Air Quality Improvement Program. The state board may give additional preference based on the following criteria, as applicable, in funding awards to projects:(1)Proposed or potential reduction of criteria or toxic air pollutants.(2)Contribution to regional air quality improvement.(3)Ability to promote the use of clean alternative fuels and vehicle technologies as determined by the state board, in coordination with the commission.(4)Ability to achieve climate change benefits in addition to criteria pollutant or air toxic emissions reductions.(5)Ability to support market transformation of Californias vehicle or equipment fleet to utilize zero-emission technologies.(6)Ability to leverage private capital investments.(c)The program shall be limited to competitive grants, revolving loans, loan guarantees, loans, and other appropriate funding measures that further the purposes of the program. Projects to be funded shall include only the following:(1)On-road and off-road equipment projects that are cost effective.(2)Projects that provide mitigation for off-road gasoline exhaust and evaporative emissions.(3)Incentives for small off-road equipment replacement to encourage consumers to replace internal combustion engine lawn and garden equipment.(4)Incentives for medium- and heavy-duty vehicles and equipment mitigation, including all of the following:(A)Lower emission schoolbus programs.(B)Electric, hybrid, and plug-in hybrid on-road and off-road medium- and heavy-duty equipment.(C)Regional air quality improvement and attainment programs implemented by the state or districts in the most impacted regions of the state.(D)Precommercial demonstrations of advanced vehicles, engines, equipment, and transportation systems.(5)Workforce training initiatives related to advanced energy technology designed to reduce air pollution, including state-of-the-art equipment and goods, and new processes and systems. Workforce training initiatives funded shall be broad-based partnerships that leverage other public and private job training programs and resources. These partnerships may include, though are not limited to, employers, labor unions, labor-management partnerships, community organizations, workforce investment boards, postsecondary education providers including community colleges, and economic development agencies.(6)Incentives to identify and reduce emissions from high-emitting light-duty vehicles.(d)(1)Beginning January 1, 2011, the state board shall submit to the Legislature a biennial report to evaluate the implementation of the Air Quality Improvement Program established pursuant to this chapter.(2)The report shall include all of the following:(A)A list of projects funded by the Air Quality Improvement Account.(B)The expected benefits of the projects in promoting clean alternative fuels and vehicle technologies.(C)Improvement in air quality and public health, greenhouse gas emissions reductions, and the progress made toward achieving these benefits.(D)The impact of the projects in making progress toward attainment of state and federal air quality standards.(E)Recommendations for future actions.(3)The state board may include the information required to be reported pursuant to paragraph (1) in an existing report to the Legislature as the state board deems appropriate. The state board may also include in an existing report the description of how grant, loan, voucher, or other incentive projects that receive moneys from the Air Quality Improvement Fund are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.(e)Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Quality Improvement Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.SEC. 7.Section 9250.1 of the Vehicle Code is amended to read:9250.1.(a)Beginning July 1, 2008, the fee described in Section 9250 shall be increased by three dollars ($3).(b)Two dollars ($2) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and one dollar ($1) shall be deposited into the Enhanced Fleet Modernization Subaccount created by Section 44126 of the Health and Safety Code.(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.SEC. 8.Section 9261.1 of the Vehicle Code is amended to read:9261.1.(a)Beginning July 1, 2008, the fee described in Section 9261, as adjusted pursuant to Section 1678, shall be increased by five dollars ($5).(b)Two dollars and fifty cents ($2.50) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and two dollars and fifty cents ($2.50) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.SEC. 9.Section 9853.6 of the Vehicle Code is amended to read:9853.6.(a)(1)Beginning July 1, 2008, the fee described in paragraph (1) of subdivision (b) of Section 9853 shall be increased by ten dollars ($10).(2)Five dollars ($5) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code and five dollars ($5) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.(b)(1)Beginning July 1, 2008, the fee described in paragraph (2) of subdivision (b) of Section 9853 shall be increased by twenty dollars ($20).(2)Ten dollars ($10) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code and ten dollars ($10) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.SEC. 10.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To ensure stable funding for programs reducing air pollution and for the protection of the public health and safety from air pollution, it is necessary for this measure to take effect immediately. CORRECTIONS: TextPage 7.(a)Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased by eight dollars ($8).
(b)Revenues generated by the increase described in this section shall be distributed as follows:
(1)The revenues generated by four dollars ($4) shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(2)The revenues generated by four dollars ($4) shall be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 2.Section 44125 of the Health and Safety Code is amended to read:44125.(a)(1)No later than July 1, 2009, the state board, in consultation with the bureau, shall adopt a program to commence on January 1, 2010, that allows for the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. The program shall be administered by the bureau pursuant to guidelines adopted by the state board.
(2)No later than July 1, 2019, the state board shall update the guidelines for the program established pursuant to this subdivision to make applicable to light-duty pickup trucks the same standard for miles per gallon that is applicable to minivans. This subdivision shall apply to only purchasers who are retiring a light-duty pickup truck.
(b)Beginning in the 201819 fiscal year, and every fiscal year thereafter, the state board, in consultation with the bureau, shall set specific, measurable goals for the retirement of passenger vehicles and light- and medium-duty trucks that are high polluters.
(c)(1)The state board, in consultation with the bureau, shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for both the program and Clean Cars 4 All no later than January 1, 2019.
(2)The program shall continue to be administered by the bureau pursuant to guidelines adopted by the state board.
(d)The guidelines shall ensure all of the following:
(1)Vehicles retired pursuant to the program are permanently removed from operation and retired at a dismantler under contract with the bureau.
(2)Districts retain their authority to administer vehicle retirement programs otherwise authorized by law.
(3)The program is available for high-polluter passenger vehicles and light-duty and medium-duty trucks that have been continuously registered in California for two years prior to acceptance into the program or otherwise proven to have been driven primarily in California for the last two years and have not been registered in another state or country in the last two years. The guidelines may require a vehicle to take, complete, or pass a smog check inspection.
(4)The program is focused where the greatest air quality impact can be identified.
(5)The program is focused on achieving improvements to air quality and benefits to low-income state residents through the retirement of high-polluter passenger motor vehicles owned by low-income state residents.
(6)(A)Compensation for retired vehicles is at least one thousand five hundred dollars ($1,500) for a low-income motor vehicle owner and not more than one thousand dollars ($1,000) for all other motor vehicle owners.
(B)Replacement or a mobility option may be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired pursuant to subparagraph (A). For low-income motor vehicle owners, compensation toward a replacement vehicle or mobility option shall be no less than two thousand five hundred dollars ($2,500). Compensation toward a replacement vehicle for all other motor vehicle owners shall not exceed compensation for low-income motor vehicle owners.
(C)Compensation for either retired or replacement vehicles or a mobility option for low-income motor vehicle owners may be increased as necessary to maximize the air quality benefits of the program while also ensuring participation by low-income motor vehicle owners. Increases in compensation amounts may be based on factors, including, but not limited to, the age of the retired or replaced vehicle, the emissions benefits of the retired or replaced vehicle, the emissions impact of any replacement vehicle, participation by low-income motor vehicle owners, and the location of the vehicle in an area of the state with the poorest air quality.
(D)(i)Each replacement vehicle in the program shall be either a plug-in hybrid or zero-emission vehicle unless the state board determines, in consultation with the State Energy Resources Conservation and Development Commission, either of the following:
(I)Electric charging and refueling capabilities are inadequate for drivers whose homes are located in rural areas, multifamily housing, or other use cases deemed appropriate by the State Energy Resources Conservation and Development Commission.
(II)An adequate supply of affordable plug-in hybrid and zero-emission vehicles is not available in the new or secondary markets.
(ii)The state board may use the assessment prepared pursuant to Section 25229 of the Public Resources Code, and may consult with districts, to make the determination pursuant to clause (i).
(7)Cost-effectiveness and impacts on disadvantaged and low-income populations are considered. Program eligibility may be limited on the basis of income to ensure the program adequately serves persons of low or moderate income.
(8)Provisions coordinate the vehicle retirement and replacement and mobility option components of the program with the vehicle retirement component of the bureaus Consumer Assistance Program, established pursuant to other provisions of this chapter, and Clean Cars 4 All to ensure vehicle owners participate in the appropriate program to maximize participation and emissions reductions.
(9)Where applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(10)Provisions enhance the prescreening of applicants to the program, if determined by the state board to be appropriate.
(11)Specific steps ensure the vehicle replacement and mobility option component of the program is available in areas designated as federal extreme nonattainment.
(12)A requirement that vehicles eligible for retirement have sufficient remaining life. Demonstration of sufficient remaining life may include proof of current registration, completing a recent smog check inspection, or completing another test similar to a smog check inspection.
SEC. 2.SEC. 3.Section 44272 of the Health and Safety Code is amended to read:44272.(a)The Clean Transportation Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, California federally recognized tribes, tribal organizations, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help reduce criteria air pollutants and air toxics and attain the states climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.
(b)The goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies, including, but not limited to, any of the following:
(1)Section 39719.2.
(2)Section 39730.5.
(3)Section 43024.2.
(4)Section 44124.5.
(5)Section 44391.2.
(6)Section 25529 25229 of the Public Resources Code.
(7)Section 25327 of the Public Resources Code.
(8)Section 14517 of the Government Code.
(c)On or after January 1, 2025, when developing the investment plan pursuant to Section 44272.5, the commission shall ensure program investments support all of the following:
(1)Annually increasing deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet the clean transportation, equity, air quality, and climate emission goals described in subdivision (b).
(2)Annually increasing deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified pursuant to Sections 25229 and 25231 of the Public Resources Code and advance the goals identified in Executive Order No. N-79-20.
(d)On and after January 1, 2025, no less than 50 percent of investments expended pursuant to subdivision (a) shall be expended in accordance with Section 44272.1.
(e)A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commissions executive director, or the executive directors designee, the authority to approve either of the following:
(1)A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.
(2)Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.
(f)The commission shall provide preferences to those projects that maximize the goals of the Clean Transportation Program, based on the following criteria, as applicable:
(1)The projects ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts.
(2)The project does not adversely impact the sustainability of the states natural resources, especially state and federal lands.
(3)The project provides nonstate matching funds or the funding is complementary to state or ratepayer investment. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.
(4)The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.
(5)The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.
(6)The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.
(7)The projects ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector.
(8)The project is in a nonattainment area pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and, if applicable, preference shall be given to projects in the highest designation of nonattainment.
(9)The project advances the comprehensive strategy for vehicles pursuant to Section 43024.2.
(g)The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (f) (f), and shall give additional preference to funding those projects with higher benefit-cost scores.
(h)Only the following shall be eligible for funding:
(1)Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.
(2)Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.
(3)Projects to produce alternative and renewable low-carbon fuels in California.
(4)Projects to decrease the overall impact of an alternative and renewable fuels life-cycle carbon footprint and increase sustainability.
(5)Alternative and renewable fuel infrastructure, fueling stations, and equipment.
(6)Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.
(7)Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels, including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.
(8)Programs and projects to retrofit medium- and heavy-duty on-road and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.
(9)Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.
(10)Workforce training programs related to the development and deployment of technologies that transform Californias fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the states greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.
(11)Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.
(12)Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.
(13)A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.
(i)The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.
(j)The commission may do all of the following:
(1)Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).
(2)Contract with small business financial development corporations established by the Governors Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).
(3)Advance funds, pursuant to an agreement with the commission, to any of the following:
(A)A public entity.
(B)A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.
(C)An administrator of a block grant program.
(k)The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.
SEC. 3.SEC. 4.Section 44272.1 is added to the Health and Safety Code, to read:44272.1.(a)On and after January 1, 2025, the commission shall expend at least 50 percent of the moneys appropriated to the Clean Transportation Program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and at least 50 percent of the funds for tangible location-based investments shall be expended in disadvantaged and low-income communities. Any of the moneys used for investments that fulfill both criteria shall count toward both requirements.
(b)Eligible programs and projects that meet the equity criteria described in subdivision (a) may include, but are not limited to, any of the following:
(1)Programs that fill gaps in the equitable distribution of light-duty charging infrastructure identified pursuant to Section 25231 of the Public Resources Code, including programs deploying charging or refueling stations at low-income residential and multiunit dwelling locations.
(2)Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities.
(3)Infrastructure for public transportation and schoolbus electrification programs.
(4)Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities.
(5)Financing assistance and vehicle purchase, charging, or fueling incentives for customers residing in disadvantaged and low-income communities.
(6)Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options.
(7)Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
(c)The commission shall consult with the disadvantaged community advisory group established pursuant to Section 400 of the Public Utilities Code and the advisory body created pursuant to Section 44272.5 to ensure that this section is effectively implemented.
SEC. 4.SEC. 5.Section 44272.4 of the Health and Safety Code is amended to read:44272.4.(a)Notwithstanding subdivision (d) of Section 44272.3, on and after June 30, 2013, a biorefiner receiving loan moneys from the state pursuant to an appropriation made in the 201011 or 201112 fiscal year shall comply with all conditions established pursuant to Section 44272.3 and shall demonstrate that compliance to the commission.
(b)On and after July 1, 2013, the eligibility for funding, pursuant to paragraph (1) of subdivision (h) of Section 44272, of projects for the production of ethanol is limited to ethanol that is not derived from corn. This limitation does not apply to ethanol derived from corn stover, leaves, cobs, or other nonedible plant portions of the corn.
SEC. 5.SEC. 6.Section 44274 of the Health and Safety Code is amended to read:44274.(a)The Air Quality Improvement Program is hereby created. The program shall be administered by the state board, in consultation with the districts. The state board shall develop guidelines to implement the program. Prior to the adoption of the guidelines, the state board shall hold at least one public hearing. In addition, the state board shall hold at least three public workshops with at least one workshop in northern California, one in the central valley, and one in southern California. The purpose of the program shall be to fund, upon appropriation by the Legislature, air quality improvement projects relating to zero-emission fuel and vehicle technologies. The primary purpose of the program shall be to fund projects to reduce criteria air pollutants in the logistics, trucking, off-road, warehouse, and port sectors, improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
(b)The state board shall provide preference in awarding funding to projects with higher benefit-cost scores that maximize the purposes and goals of the Air Quality Improvement Program. The state board may give additional preference based on the following criteria, as applicable, in funding awards to projects:
(1)Proposed or potential reduction of criteria or toxic air pollutants.
(2)Contribution to regional air quality improvement.
(3)Ability to promote the use of clean alternative fuels and vehicle technologies as determined by the state board, in coordination with the commission.
(4)Ability to achieve climate change benefits in addition to criteria pollutant or air toxic emissions reductions.
(5)Ability to support market transformation of Californias vehicle or equipment fleet to utilize zero-emission technologies.
(6)Ability to leverage private capital investments.
(c)The program shall be limited to competitive grants, revolving loans, loan guarantees, loans, and other appropriate funding measures that further the purposes of the program. Projects to be funded shall include only the following:
(1)On-road and off-road equipment projects that are cost effective.
(2)Projects that provide mitigation for off-road gasoline exhaust and evaporative emissions.
(3)Incentives for small off-road equipment replacement to encourage consumers to replace internal combustion engine lawn and garden equipment.
(4)Incentives for medium- and heavy-duty vehicles and equipment mitigation, including all of the following:
(A)Lower emission schoolbus programs.
(B)Electric, hybrid, and plug-in hybrid on-road and off-road medium- and heavy-duty equipment.
(C)Regional air quality improvement and attainment programs implemented by the state or districts in the most impacted regions of the state.
(D)Precommercial demonstrations of advanced vehicles, engines, equipment, and transportation systems.
(5)Workforce training initiatives related to advanced energy technology designed to reduce air pollution, including state-of-the-art equipment and goods, and new processes and systems. Workforce training initiatives funded shall be broad-based partnerships that leverage other public and private job training programs and resources. These partnerships may include, though are not limited to, employers, labor unions, labor-management partnerships, community organizations, workforce investment boards, postsecondary education providers including community colleges, and economic development agencies.
(6)Incentives to identify and reduce emissions from high-emitting light-duty vehicles.
(d)(1)Beginning January 1, 2011, the state board shall submit to the Legislature a biennial report to evaluate the implementation of the Air Quality Improvement Program established pursuant to this chapter.
(2)The report shall include all of the following:
(A)A list of projects funded by the Air Quality Improvement Account.
(B)The expected benefits of the projects in promoting clean, clean alternative fuels and vehicle technologies.
(C)Improvement in air quality and public health, greenhouse gas emissions reductions, and the progress made toward achieving these benefits.
(D)The impact of the projects in making progress toward attainment of state and federal air quality standards.
(E)Recommendations for future actions.
(3)The state board may include the information required to be reported pursuant to paragraph (1) in an existing report to the Legislature as the state board deems appropriate. The state board may also include in an existing report the description of how grant, loan, voucher, or other incentive projects that receive moneys from the Air Quality Improvement Fund are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
(e)Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Quality Improvement Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
SEC. 6.SEC. 7.Section 9250.1 of the Vehicle Code is amended to read:9250.1.(a)Beginning July 1, 2008, the fee described in Section 9250 shall be increased by three dollars ($3).
(b)Two dollars ($2) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and one dollar ($1) shall be deposited into the Enhanced Fleet Modernization Subaccount created by Section 44126 of the Health and Safety Code.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 7.SEC. 8.Section 9261.1 of the Vehicle Code is amended to read:9261.1.(a)Beginning July 1, 2008, the fee described in Section 9261, as adjusted pursuant to Section 1678, shall be increased by five dollars ($5).
(b)Two dollars and fifty cents ($2.50) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and two dollars and fifty cents ($2.50) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 8.SEC. 9.Section 9853.6 of the Vehicle Code is amended to read:9853.6.(a)(1)Beginning July 1, 2008, the fee described in paragraph (1) of subdivision (b) of Section 9853 shall be increased by ten dollars ($10).
(2)Five dollars ($5) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code and five dollars ($5) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(b)(1)Beginning July 1, 2008, the fee described in paragraph (2) of subdivision (b) of Section 9853 shall be increased by twenty dollars ($20).
(2)Ten dollars ($10) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code and ten dollars ($10) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 10.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure stable funding for programs reducing air pollution and for the protection of the public health and safety from air pollution, it is necessary for this measure to take effect immediately.
(a)Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased by eight dollars ($8).
(b)Revenues generated by the increase described in this section shall be distributed as follows:
(1)The revenues generated by four dollars ($4) shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(2)The revenues generated by four dollars ($4) shall be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273.
(c)This section shall remain in effect only until January 1, 2024, 2035, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. repealed.
SEC. 2.Section 44272 of the Health and Safety Code is amended to read:44272.(a)The Clean Transportation Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, California federally recognized tribes, tribal organizations, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform Californias fuel and vehicle types to help reduce criteria air pollutants and air toxics and attain the states climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.
(b)The goals of the program shall be to advance the states clean transportation, equity, air quality, and climate emission policies, including, but not limited to, any of the following:
(1)Section 39719.2.
(2)Section 39730.5.
(3)Section 43024.2.
(4)Section 44124.5.
(5)Section 44391.2.
(6)Section 25529 of the Public Resources Code.
(7)Section 25327 of the Public Resources Code.
(8)Section 14517 of the Government Code.
(c)On or after January 1, 2025, when developing the investment plan pursuant to Section 44272.5, the commission shall ensure program investments support all of the following:
(1)Annually increasing deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet the clean transportation, equity, air quality, and climate emission goals described in subdivision (b).
(2)Annually increasing deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified pursuant to Sections 25229 and 25231 of the Public Resources Code and advance the goals identified in Executive Order No. N-79-20.
(d)On and after January 1, 2025, no less than 50 percent of investments expended pursuant to subdivision (a) shall be expended in accordance with Section 44272.1.
(b)(e)A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commissions executive director, or the executive directors designee, the authority to approve either of the following:
(1)A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.
(2)Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.
(c)(f)The commission shall provide preferences to those projects that maximize the goals of the Clean Transportation Program, based on the following criteria, as applicable:
(1)The projects ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals.(2)The projects consistency with existing and future state climate change policy and low-carbon fuel standards.(3)(1)The projects ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts.
(4)The projects ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations.(5)(2)The project does not adversely impact the sustainability of the states natural resources, especially state and federal lands.
(6)(3)The project provides nonstate matching funds. funds or the funding is complementary to state or ratepayer investment. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.
(7)(4)The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.
(8)(5)The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.
(9)The projects ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board.(10)The projects use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends.(11)(6)The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.
(12)(7)The projects ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector.
(13)(8)The project is in a nonattainment area pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and, if applicable, preference shall be given to projects in the highest designation of nonattainment.
(14)(9)The project advances the comprehensive strategy for vehicles pursuant to Section 43024.2.
(d)(g)The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), (f) and shall give additional preference to funding those projects with higher benefit-cost scores.
(e)(h)Only the following shall be eligible for funding:
(1)Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.
(2)Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.
(3)Projects to produce alternative and renewable low-carbon fuels in California.
(4)Projects to decrease the overall impact of an alternative and renewable fuels life-cycle carbon footprint and increase sustainability.
(5)Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel.
(6)Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.
(7)Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels, including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.
(8)Programs and projects to retrofit medium- and heavy-duty on-road and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.
(9)Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.
(10)Workforce training programs related to the development and deployment of technologies that transform Californias fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the states greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.
(11)Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.
(12)Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.
(13)A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.
(f)(i)The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.
(g)(j)The commission may do all of the following:
(1)Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).
(2)Contract with small business financial development corporations established by the Governors Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).
(3)Advance funds, pursuant to an agreement with the commission, to any of the following:
(A)A public entity.
(B)A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.
(C)An administrator of a block grant program.
(h)(k)The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.
SEC. 3.Section 44272.1 is added to the Health and Safety Code, to read:44272.1.(a)On and after January 1, 2025, the commission shall expend at least 50 percent of the moneys appropriated to the Clean Transportation Program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and at least 50 percent of the funds for tangible location-based investments shall be expended in disadvantaged and low-income communities. Any of the moneys used for investments that fulfill both criteria shall count toward both requirements.
(b)Eligible programs and projects that meet the equity criteria described in subdivision (a) may include, but are not limited to, any of the following:
(1)Programs that fill gaps in the equitable distribution of light-duty charging infrastructure identified pursuant to Section 25231 of the Public Resources Code, including programs deploying charging or refueling stations at low-income residential and multiunit dwelling locations.
(2)Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities.
(3)Infrastructure for public transportation and schoolbus electrification programs.
(4)Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities.
(5)Financing assistance and vehicle purchase, charging, or fueling incentives for customers residing in disadvantaged and low-income communities.
(6)Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options.
(7)Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
(c)The commission shall consult with the disadvantaged community advisory group established pursuant to Section 400 of the Public Utilities Code and the advisory body created pursuant to Section 44272.5 to ensure that this section is effectively implemented.
SEC. 4.Section 44272.4 of the Health and Safety Code is amended to read:44272.4.(a)Notwithstanding subdivision (d) of Section 44272.3, on and after June 30, 2013, a biorefiner receiving loan moneys from the state pursuant to an appropriation made in the 201011 or 201112 fiscal year shall comply with all conditions established pursuant to Section 44272.3 and shall demonstrate that compliance to the commission.
(b)On and after July 1, 2013, the eligibility for funding, pursuant to paragraph (1) of subdivision (e) (h) of Section 44272, of projects for the production of ethanol is limited to ethanol that is not derived from corn. This limitation does not apply to ethanol derived from corn stover, leaves, cobs, or other nonedible plant portions of the corn.
SEC. 5.Section 44274 of the Health and Safety Code is amended to read:44274.(a)The Air Quality Improvement Program is hereby created. The program shall be administered by the state board, in consultation with the districts. The state board shall develop guidelines to implement the program. Prior to the adoption of the guidelines, the state board shall hold at least one public hearing. In addition, the state board shall hold at least three public workshops with at least one workshop in northern California, one in the central valley, and one in southern California. The purpose of the program shall be to fund, upon appropriation by the Legislature, air quality improvement projects relating to zero-emission fuel and vehicle technologies. The primary purpose of the program shall be to fund projects to reduce criteria air pollutants, pollutants in the logistics, trucking, and port sectors, improve air quality, quality in nonattainment basins, and provide funding for research to determine and improve the air quality impacts of alternative zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
(b)The state board shall provide preference in awarding funding to those projects with higher benefit-cost scores that maximize the purposes and goals of the Air Quality Improvement Program. The state board also may give additional preference based on the following criteria, as applicable, in funding awards to projects:
(1)Proposed or potential reduction of criteria or toxic air pollutants.
(2)Contribution to regional air quality improvement.
(3)Ability to promote the use of clean alternative fuels and vehicle technologies as determined by the state board, in coordination with the commission.
(4)Ability to achieve climate change benefits in addition to criteria pollutant or air toxic emissions reductions.
(5)Ability to support market transformation of Californias vehicle or equipment fleet to utilize low carbon or zero-emission technologies.
(6)Ability to leverage private capital investments.
(c)The program shall be limited to competitive grants, revolving loans, loan guarantees, loans, and other appropriate funding measures that further the purposes of the program. Projects to be funded shall include only the following:
(1)On-road and off-road equipment projects that are cost effective.
(2)Projects that provide mitigation for off-road gasoline exhaust and evaporative emissions.
(3)Projects that provide research to determine the air quality impacts of alternative fuels and projects that study the life-cycle impacts of alternative fuels and conventional fuels, the emissions of biofuel and advanced reformulated gasoline blends, and air pollution improvements and control technologies for use with alternative fuels and vehicles.(4)Projects that augment the University of Californias agricultural experiment station and cooperative extension programs for research to increase sustainable biofuels production and improve the collection of biomass feedstock.(5)(3)Incentives for small off-road equipment replacement to encourage consumers to replace internal combustion engine lawn and garden equipment.
(6)(4)Incentives for medium- and heavy-duty vehicles and equipment mitigation, including all of the following:
(A)Lower emission schoolbus programs.
(B)Electric, hybrid, and plug-in hybrid on-road and off-road medium- and heavy-duty equipment.
(C)Regional air quality improvement and attainment programs implemented by the state or districts in the most impacted regions of the state.
(D)Precommercial demonstrations of advanced vehicles, engines, equipment, and transportation systems.
(7)(5)Workforce training initiatives related to advanced energy technology designed to reduce air pollution, including state-of-the-art equipment and goods, and new processes and systems. Workforce training initiatives funded shall be broad-based partnerships that leverage other public and private job training programs and resources. These partnerships may include, though are not limited to, employers, labor unions, labor-management partnerships, community organizations, workforce investment boards, postsecondary education providers including community colleges, and economic development agencies.
(8)(6)Incentives to identify and reduce emissions from high-emitting light-duty vehicles.
(d)(1)Beginning January 1, 2011, the state board shall submit to the Legislature a biennial report to evaluate the implementation of the Air Quality Improvement Program established pursuant to this chapter.
(2)The report shall include all of the following:
(A)A list of projects funded by the Air Quality Improvement Account.
(B)The expected benefits of the projects in promoting clean, alternative fuels and vehicle technologies.
(C)Improvement in air quality and public health, greenhouse gas emissions reductions, and the progress made toward achieving these benefits.
(D)The impact of the projects in making progress toward attainment of state and federal air quality standards.
(E)Recommendations for future actions.
(3)The state board may include the information required to be reported pursuant to paragraph (1) in an existing report to the Legislature as the state board deems appropriate. The state board may also include in an existing report the description of how grant, loan, voucher, or other incentive projects that receive moneys from the Air Quality Improvement Fund are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
(e)Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Quality Improvement Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable.
SEC. 6.Section 9250.1 of the Vehicle Code is amended to read:9250.1.(a)Beginning July 1, 2008, the fee described in Section 9250 shall be increased by three dollars ($3).
(b)Two dollars ($2) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and one dollar ($1) shall be deposited into the Enhanced Fleet Modernization Subaccount created by Section 44126 of the Health and Safety Code.
(c)This section shall remain in effect only until January 1, 2024, 2035, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. repealed.
SEC. 7.Section 9261.1 of the Vehicle Code is amended to read:9261.1.(a)Beginning July 1, 2008, the fee described in Section 9261, as adjusted pursuant to Section 1678, shall be increased by five dollars ($5).
(b)Two dollars and fifty cents ($2.50) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code, and two dollars and fifty cents ($2.50) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(c)This section shall remain in effect only until January 1, 2024, 2035, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. repealed.
SEC. 8.Section 9853.6 of the Vehicle Code is amended to read:9853.6.(a)(1)Beginning July 1, 2008, the fee described in paragraph (1) of subdivision (b) of Section 9853 shall be increased by ten dollars ($10).
(2)Five dollars ($5) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code and five dollars ($5) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(b)(1)Beginning July 1, 2008, the fee described in paragraph (2) of subdivision (b) of Section 9853 shall be increased by twenty dollars ($20).
(2)Ten dollars ($10) of the increase shall be deposited into the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273 of the Health and Safety Code and ten dollars ($10) shall be deposited into the Air Quality Improvement Fund created by Section 44274.5 of the Health and Safety Code.
(c)This section shall remain in effect only until January 1, 2024, 2035, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date. repealed.
SECTION 1.It is the intent of the Legislature to enact future legislation related to the Clean Transportation Program.It is the intent of the Legislature to enact future legislation related to the Clean Transportation Program.
|
Date
|
Status
|
|---|---|
| Feb 1, 2024 | Died on inactive file. |
| Sep 14, 2023 | Ordered to inactive file at the request of Assembly Member Reyes. |
| Jun 29, 2023 | Measure version as amended on June 26 corrected. |
| Jun 26, 2023 | Read third time and amended. Ordered to third reading. (Ayes 46. Noes 18. Page 2374.) |
| Jun 26, 2023 | Assembly Rule 69 suspended. (Ayes 55. Noes 17. Page 2371.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 18). |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | Joint Rule 62(a), file notice suspended. (Page 1580.) |
| May 17, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 25, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 24). Re-referred to Com. on APPR. |
| Apr 18, 2023 | From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 11. Noes 3.) (April 17). Re-referred to Com. on NAT. RES. |
| Mar 27, 2023 | Re-referred to Com. on TRANS. |
| Mar 23, 2023 | Referred to Coms. on TRANS. and NAT. RES. |
| Mar 23, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Jan 14, 2023 | From printer. May be heard in committee February 13. |
| Jan 13, 2023 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 26, 2023 | AB 241 Reyes Third Reading Urgency Amendment Set #1 | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
|
| Apr 17, 2023 | Do pass and be re-referred to the Committee on [Natural Resources] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ABB | ** Support | |
| American Lung Association, California | * Support | Apr 17, 2023 |
| APREA & MICHELI, INC. | * Support | Apr 24, 2023 |
| Blink Charging | * Support | Apr 24, 2023 |
| BYD Motors | ** Support | |
| California Catholic Conference | ** Support | |
| California Electric Transportation Coalition | * Support | Apr 24, 2023 |
| California Environmental Voters | ** Support | |
| California Hydrogen Business Council | * Against Unless Amend | Apr 24, 2023 |
| California Hydrogen Coalition | * Against Unless Amend | Apr 24, 2023 |
| Calstart | * Support | Apr 24, 2023 |
| Center for Biological Diversity | * Support | Apr 24, 2023 |
| Charge Ahead California Campaign | * Support | Apr 17, 2023 |
| Chargepoint | * Support | Apr 24, 2023 |
| ChargerHelp! | ** Support | |
| Chargie | ** Support | |
| Climate Action California | * Support | Apr 24, 2023 |
| Coalition For Clean Air | * Support | Apr 24, 2023 |
| Communities for a Better Environment | ** Support | |
| Electric Vehicle Charging Association | * Support | Apr 24, 2023 |
| Environment California | ** Support | |
| EVBox | ** Support | |
| Evgo Services | ** Support | |
| Flo | ** Support | |
| Flo EV Charging | * Support | Apr 17, 2023 |
| FreeWire Technologies | ** Support | |
| Green Learning Institute | * Support | Apr 17, 2023 |
| Green Lining Institute | ** Support | Apr 24, 2023 |
| Greenlining Institute | ** Support | |
| Howard Jarvis Taxpayers Association | ** Against | |
| Natural Resources Defense Council | ** Support | |
| Plug In America | ** Support | |
| Proterra | ** Support | |
| Qmerit | ** Support | |
| Union Of Concerned Scientists | ** Support | |
| Valley Clean Air Now | * Support | Apr 24, 2023 |
| volvo group north america | ** Support | |
| Xeal | ** Support | |
| Zeem Solutions | ** Support |
ASSEMBLY THIRD READING
ATR Bill Id:AB 241
Author:(Reyes and Gonzalez)
As Amended Ver:June 26, 2023
2/3 vote. Urgency
SUMMARY
Reauthorizes fees that fund the Air Quality Improvement Program (AQIP), the Clean Transportation Program (CTP), and the Enhanced Fleet Modernization Program (EFMP), and makes programmatic changes.
Major Provisions
Reauthorization of fees
- Extends the following fees until January 1, 2035:
- $8 smog abatement fee, and $4 deposit in the Air Quality Improvement Fund and $4 deposit in the Alternative and Renewable Fuel and Vehicle Technology (ARFVT) Fund;
- $3 vehicle registration fee and $2 deposit in the ARFVT Fund and $1 into the Enhanced Fleet Modernization Subaccount;
- $5 identification plate fee increase and $2.50 deposit in the ARFVT Fund and $2.50 deposit in the Air Quality Improvement Fund;
- Requires CEC, in consultation with CARB and the Department of Motor Vehicles to propose to the Legislature, by January 1, 2028, alternative funding methodologies or fee structures for funding zero-emission vehicle infrastructure for light-, medium-, and heavy-duty vehicles, including an assessment of the economic equity of the alternatives.
Changes to CTP
- Requires CTP's goals be to advance the state's clean transportation, equity, air quality, and climate emission policies.
- Requires the State Energy Resources Conservation and Development Commission (also known as the California Energy Commission or CEC), on or after January 1, 2025, when developing the CTP Investment Plan ensure investments support annually increasing deployment of infrastructure and other projects that support the deployment of medium- and heavy-duty vehicles and annually increase deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified by existing EV infrastructure charging and equitable deployment assessments.
- Requires CEC, on and after January 1, 2025, expend at least 50% of CTP money on investments that directly benefit residents of disadvantaged and low-income communities and low-income Californians, and requires at least 50% of the funds for tangible location-based investments be expended in disadvantaged and low-income communities.
- Requires no less than 50% of CTP investments to be expended on equity projects. The remaining 50% would be spent on investments consistent with existing CTP project eligibility criteria. Authorizes eligible programs and projects that meet the equity criteria to include, but not be limited to, any of the following:
- Programs that fill gaps in equitable distribution of light-duty charging infrastructure;
- Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities;
- Infrastructure for public transportation and school bus electrification programs;
- Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities;
- Financial assistance and vehicle purchase, charging, or fueling incentives for customers residing in disadvantaged and low-income communities;
- Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options; and,
- Programs that create high-quality jobs to support new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
- Requires CEC to allocate $10 million annually, until July 1, 2030, under CTP to fund hydrogen-fueling stations to support hydrogen vehicles, not to exceed 10% of the moneys appropriated by the Legislature from ARFVT Fund, until there is a sufficient network of hydrogen-fueling stations in operation in California to support existing and expected hydrogen vehicles, as determined by CEC, and in consultation with CARB.
- Requires 50% of the allocated funds for hydrogen-fueling stations to be used to fund stations that directly benefit or serve residents of low-income communities and disadvantaged communities as defined by CalEnviroScreen.
- Authorizes CEC to allocate undersubscribed hydrogen-fueling station funding to other CTP projects.
- Requires CEC and CARB to jointly review and report annually on progress toward establishing a hydrogen-fueling network, considering public accessibility.
Changes to AQIP
- Makes the primary purpose of AQIP to fund projects to reduce criteria air pollutants in the logistics, trucking, off-road, warehouse, and port sectors; improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
- Adds precommercial demonstrations to AQIP project funding eligibility.
Changes to EFMP
- Requires replacement vehicles to be a plug-in hybrid or ZEV, with specified exceptions determined by CARB in consultation with CEC.
COMMENTS
Since 2006, California has set goals to reduce greenhouse gas (GHG) emissions, address climate change, and improve public health. These goals require incremental progress that will ultimately lead to larger emission reductions. Additionally, California has led on the transition to ZEVs, setting specific goals to boost the supply of ZEVs as well as charging and fueling stations.
Nearly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, NOx, and sulfur dioxide, affecting local air quality. In the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in number of vehicle miles traveled.
ZEV regulations. At the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20 which requires 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 where feasible and by 2035 for drayage trucks. CARB approved the Advanced Clean Fleet (ACF) regulation in April 2023, requiring increasing volumes of new zero-emission trucks and buses sold and operated in the state. EO N-79-20 also requires 100% of in-state sales of new passenger cars and trucks to be zero-emission by 2035. CARB approved the Advanced Clean Cars 2 regulation on August 25, 2022 to meet that goal. EO-N-79-20 tasked CEC to update the biennial statewide assessment of ZEV infrastructure required by AB 2127 (Ting), Chapter 365, Statutes of 2018 to support the level of EV adoption required by the EO.
More ZEV infrastructure needed. In April 2023, two years ahead of schedule, a total of 1.5 million passenger ZEVs were sold in California, the overwhelming majority of which are battery-electric. In the first three quarters of 2022, 17.7% of new vehicle sales were ZEVs. Based on the AB 2127 analysis, CEC projects that approximately 700,000 to 1.2 million public and shared-private chargers will be needed by 2030 to support 5 million to 8 million light-duty ZEVs. According to the CEC's ZEV Infrastructure Plan, currently 80,000 light-duty public and shared-private EV chargers operate statewide, with another estimated 17,000 on the way. The AB 2127 analysis calculates the state needs 157,000 additional chargers to support 180,000 medium- and heavy-duty vehicles anticipated for 2030.
CEC's 2022-23 Investment Plan Update for the CTP, anticipates that between public and private investments California will meet the goal of 200 hydrogen refueling stations (called for in EO B-48-18), with capacity to serve 273,000 fuel cell vehicles. Automakers expect to have 65,000 light-duty fuel cell vehicles on the road in 2028, so hydrogen station capacity should not be a near-term barrier to light-duty fuel cell vehicle deployment once these stations are operational.
AB 118/AB 8 program descriptions. CTP funds innovation and the development and deployment of advanced transportation and fuel technologies by investing in a broad portfolio of transportation and fuel transportation projects throughout the state. CTP leverages public and private investments.
AQIP funds projects that reduce criteria air pollutants and improve air quality, and related research. CARB awards funding to projects that maximize the goals of AQIP and that are explicitly called out in statute. CARB's annual funding plan serves as the blueprint for expending Low Carbon Transportation (Greenhouse Gas Reduction Fund) and AQIP funds appropriated through the budget process. Examples of projects funded by AQIP include truck loan assistance, CVRP, Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP), Truck Filter Replacements, and others.
EFMP is a voluntary vehicle scrap program that promotes advanced technology for low-income California residents that live in an air districts with an EFMP. Recipients of these funds must scrap their older, higher polluting vehicle and purchase a cleaner vehicle or they can receive an eligible mobility option, such as transit passes or a bicycle, in lieu of a replacement vehicle.
This bill extends the sunset date (January 1, 2024) for the motor vehicle and equipment fees, shown in the figure below, that provide about $173 million annually for various programs. Note – this amount has not been updated to reflect the removal of the extension of vessel registration fees.
Fees proposed for reauthorization by this bill (otherwise sunset January 1, 2024)
AQIP | CTP | EFMP | |
Smog Abatement Fee | $4 | $4 | -- |
Vehicle Registration Fee | -- | $2 | $1 |
According to the Author
"The bill would also reauthorize the fees that support these programs until 2035 which aligns with the Governor's EO on ZEV sales in California. There is a need to focus public investments related to ZEVs in sectors of the market where private industry is unable or unwilling to go-such as ZEV infrastructure for disadvantaged low-income communities and multiunit dwellings. Funding for these important programs will expire at the end of this year and we need to modernize them, so they are supporting California's modern needs."
Arguments in Support
In support CALSTART writes, "Not only will extending these landmark programs help the state meet its climate and air quality goals, but will leverage billions in private-sector investment, create good jobs, accelerate the clean fuels industry, and attract substantial federal investment. Since the CTP, AQIP, and EFMP programs were established, California has developed a homegrown ZEV industry, employing nearly 70,000 Californians in vehicle and infrastructure manufacturing and supply-chain jobs. Without reauthorizing the fees established to support these programs, these clean transportation investments will lose approximately $173M in funding per year and will be left without a stable ongoing funding source, which could have unintended consequences on the state's job market and economy, and its ability to reach its clean air and GHG reduction goals. This fixed source of funding has been made more important by the recent economic downturn affecting the state budget and general fund appropriated ZEV package."
Arguments in Opposition
In opposition the California Hydrogen Coalition and California Hydrogen Business Council write, "We suggest CTP reauthorization be amended to update and renew California's commitment to hydrogen. Specifically, we suggest the program allocate 30% of program dollars, not to exceed $30M, for a total of $300M to create a statewide and self-sufficient fueling network of 1,000 fueling stations."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, this bill affects several fees on vehicle and vessel registration that, collectively, generate approximately $173 million in annual revenue. Those fees are:
- An $8 annual motor vehicle smog abatement fee.
- A $2 annual vehicle registration fee.
The annual revenue generated by these fees is allocated as follows:
- $110 million deposited in the ARFVTF for the CTP, administered by the CEC.
- $33 million deposited in the Air Quality Improvement Fund (AQIF), $33 million of which goes to AQIP, administered by CARB, and $2.8 million to CARB’s portion of the EFMP.
- $30.6 million allocated to BAR for the EFMP.
Note-These revenue amounts have not been updated to reflect the removal of the extension fees.
Administrative costs for each of these programs are paid from the fee revenue and, generally, average around 10% of program funds.
VOTES
ASM TRANSPORTATION: 11-3-1
YES: Friedman, Berman, Juan Carrillo, Gipson, Hart, Jackson, Kalra, Lowenthal, Stephanie Nguyen, Ward, Wicks
NO: Vince Fong, Davies, Sanchez
ABS, ABST OR NV: Wallis
ASM NATURAL RESOURCES: 8-3-0
YES: Luz Rivas, Addis, Friedman, Muratsuchi, Pellerin, Ward, Wood, Zbur
NO: Flora, Hoover, Mathis
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: June 26, 2023
CONSULTANT: Christine Casey / TRANS. / (916) 319-2093 FN: 0001144
ASSEMBLY THIRD READING
ATR Bill Id:AB 241
Author:(Reyes)
As Amended Ver:May 18, 2023
2/3 vote. Urgency
SUMMARY
Reauthorizes fees that fund the Air Quality Improvement Program (AQIP), the Clean Transportation Program (CTP), and the Enhanced Fleet Modernization Program (EFMP), and makes programmatic changes.
Major Provisions
Reauthorization of fees
- Extends the following fees until January 1, 2035:
- $8 smog abatement fee, and $4 deposit in the Air Quality Improvement Fund and $4 deposit in the Alternative and Renewable Fuel and Vehicle Technology (ARFVT) Fund.
- $3 vehicle registration fee and $2 deposit in the ARFVT Fund and $1 into the Enhanced Fleet Modernization Subaccount.
- $5 identification plate fee increase and $2.50 deposit in the ARFVT Fund and $2.50 deposit in the Air Quality Improvement Fund.
- $10 vessel registration (even-numbered year) fee increase and $5 deposit into the ARFVT Fund and $5 deposit into the Air Quality Improvement Fund.
- $20 vessel registration (odd-numbered year) fee increase and $10 deposit into the ARFVT Fund and $10 deposit into the Air Quality Improvement Fund.
Changes to CTP
- Requires CTP’s goals be to advance the state’s clean transportation, equity, air quality, and climate emission policies.
- Requires the State Energy Resources Conservation and Development Commission (also known as the California Energy Commission or CEC), on or after January 1, 2025, when developing the CTP Investment Plan ensure investments support annually increasing deployment of infrastructure and other projects that support the deployment of medium- and heavy-duty vehicles and annually increase deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified by existing EV infrastructure charging and equitable deployment assessments.
- Requires CEC, on and after January 1, 2025, expend at least 50% of CTP money on investments that directly benefit residents of disadvantaged and low-income communities and low-income Californians, and requires at least 50% of the funds for tangible location-based investments be expended in disadvantaged and low-income communities.
- Requires no less than 50% of CTP investments to be expended on equity projects. The remaining 50% would be spent on investments consistent with existing CTP project eligibility criteria. Authorizes eligible programs and projects that meet the equity criteria to include, but not be limited to, any of the following:
- Programs that fill gaps in equitable distribution of light-duty charging infrastructure;
- Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities;
- Infrastructure for public transportation and school bus electrification programs;
- Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities;
- Financial assistance and vehicle purchase, charging, or fueling incentives for customers residing in disadvantaged and low-income communities;
- Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options; and,
- Programs that create high-quality jobs to support new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
Changes to AQIP
- Makes the primary purpose of AQIP to fund projects to reduce criteria air pollutants in the logistics, trucking, off-road, warehouse, and port sectors; improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
- Adds precommercial demonstrations to AQIP project funding eligibility.
Changes to EFMP
8) Requires replacement vehicles to be a plug-in hybrid or ZEV, with specified exceptions determined by CARB in consultation with CEC.
COMMENTS
Since 2006, California has set goals to reduce greenhouse gas (GHG) emissions, address climate change, and improve public health. These goals require incremental progress that will ultimately lead to larger emission reductions. Additionally, California has led on the transition to ZEVs, setting specific goals to boost the supply of ZEVs as well as charging and fueling stations.
Nearly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, NOx, and sulfur dioxide, affecting local air quality. In the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in number of vehicle miles traveled.
ZEV regulations. At the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20 which requires 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 where feasible and by 2035 for drayage trucks. CARB approved the Advanced Clean Fleet (ACF) regulation in April 2023, requiring increasing volumes of new zero-emission trucks and buses sold and operated in the state. EO N-79-20 also requires 100% of in-state sales of new passenger cars and trucks to be zero-emission by 2035. CARB approved the Advanced Clean Cars 2 regulation on August 25, 2022 to meet that goal. EO-N-79-20 tasked CEC to update the biennial statewide assessment of ZEV infrastructure required by AB 2127 (Ting), Chapter 365, Statutes of 2018 to support the level of EV adoption required by the EO.
More ZEV infrastructure needed. In April 2023, two years ahead of schedule, a total of 1.5 million passenger ZEVs weresold in California, the overwhelming majority of which are battery-electric. In the first three quarters of 2022, 17.7% of new vehicle sales were ZEVs. Based on the AB 2127 analysis, CEC projects that approximately 700,000 to 1.2 million public and shared-private chargers will be needed by 2030 to support 5 million to 8 million light-duty ZEVs. According to the CEC’s ZEV Infrastructure Plan, currently 80,000 light-duty public and shared-private EV chargers operate statewide, with another estimated 17,000 on the way. The AB 2127 analysis calculates the state needs 157,000 additional chargers to support 180,000 medium- and heavy-duty vehicles anticipated for 2030.
CEC’s 2022-23 Investment Plan Update for the CTP, anticipates that between public and private investments California will meet the goal of 200 hydrogen refueling stations (called for in EO B-48-18), with capacity to serve 273,000 fuel cell vehicles. Automakers expect to have 65,000 light-duty fuel cell vehicles on the road in 2028, so hydrogen station capacity should not be a near-term barrier to light-duty fuel cell vehicle deployment once these stations are operational.
AB 118/AB 8 program descriptions. CTP funds innovation and the development and deployment of advanced transportation and fuel technologies by investing in a broad portfolio of transportation and fuel transportation projects throughout the state. CTP leverages public and private investments.
AQIP funds projects that reduce criteria air pollutants and improve air quality, and related research. CARB awards funding to projects that maximize the goals of AQIP and that are explicitly called out in statute. CARB’s annual funding plan serves as the blueprint for expending Low Carbon Transportation (Greenhouse Gas Reduction Fund) and AQIP funds appropriated through the budget process. Examples of projects funded by AQIP include truck loan assistance, CVRP, Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP), Truck Filter Replacements, and others.
EFMP is a voluntary vehicle scrap program that promotes advanced technology for low-income California residents that live in an air districts with an EFMP. Recipients of these funds must scrap their older, higher polluting vehicle and purchase a cleaner vehicle or they can receive an eligible mobility option, such as transit passes or a bicycle, in lieu of a replacement vehicle.
This bill extends the sunset date (January 1, 2024) for the motor vehicle and equipment fees, shown in the figure below, that provide about $173 million annually for various programs.
Fees proposed for reauthorization by this bill (otherwise sunset January 1, 2024)
AQIP | CTP | EFMP | |
Smog Abatement Fee | $4 | $4 | -- |
Vehicle Registration Fee | -- | $2 | $1 |
Vessel Registration Feea | $10 | $10 | -- |
Vehicle Identification Fee | $2.50 | $2.50 | -- |
According to the Author
“The bill would also reauthorize the fees that support these programs until 2035 which aligns with the Governor’s EO on ZEV sales in California. There is a need to focus public investments related to ZEVs in sectors of the market where private industry is unable or unwilling to go-such as ZEV infrastructure for disadvantaged low-income communities and multiunit dwellings. Funding for these important programs will expire at the end of this year and we need to modernize them, so they are supporting California’s modern needs.”
Arguments in Support
In support CALSTART writes, “Not only will extending these landmark programs help the state meet its climate and air quality goals, but will leverage billions in private-sector investment, create good jobs, accelerate the clean fuels industry, and attract substantial federal investment. Since the CTP, AQIP, and EFMP programs were established, California has developed a homegrown ZEV industry, employing nearly 70,000 Californians in vehicle and infrastructure manufacturing and supply-chain jobs. Without reauthorizing the fees established to support these programs, these clean transportation investments will lose approximately $173M in funding per year and will be left without a stable ongoing funding source, which could have unintended consequences on the state’s job market and economy, and its ability to reach its clean air and GHG reduction goals. This fixed source of funding has been made more important by the recent economic downturn affecting the state budget and general fund appropriated ZEV package.”
Arguments in Opposition
In opposition the California Hydrogen Coalition and California Hydrogen Business Council write, “We suggest CTP reauthorization be amended to update and renew California’s commitment to hydrogen. Specifically, we suggest the program allocate 30% of program dollars, not to exceed $30M, for a total of $300M to create a statewide and self-sufficient fueling network of 1,000 fueling stations.”
FISCAL COMMENTS
According to the Assembly Appropriations Committee, this bill affects several fees on vehicle and vessel registration that, collectively, generate approximately $173 million in annual revenue. Those fees are:
- An $8 annual motor vehicle smog abatement fee.
- A $2 annual vehicle registration fee.
- A $10 biennial vessel registration fee.
- A $2.50 annual vehicle identification fee.
The annual revenue generated by these fees is allocated as follows:
- $110 million deposited in the ARFVTF for the CTP, administered by the CEC.
- $33 million deposited in the Air Quality Improvement Fund (AQIF), $33 million of which goes to AQIP, administered by CARB, and $2.8 million to CARB’s portion of the EFMP.
- $30.6 million allocated to BAR for the EFMP.
Administrative costs for each of these programs are paid from the fee revenue and, generally, average around 10% of program funds.
VOTES
ASM TRANSPORTATION: 11-3-1
YES: Friedman, Berman, Juan Carrillo, Gipson, Hart, Jackson, Kalra, Lowenthal, Stephanie Nguyen, Ward, Wicks
NO: Vince Fong, Davies, Sanchez
ABS, ABST OR NV: Wallis
ASM NATURAL RESOURCES: 8-3-0
YES: Luz Rivas, Addis, Friedman, Muratsuchi, Pellerin, Ward, Wood, Zbur
NO: Flora, Hoover, Mathis
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: May 18, 2023
CONSULTANT: Christine Casey / TRANS. / (916) 319-2093 FN: 0000904
Date of Hearing: May 17, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 241
Author:(Reyes) – As Amended Ver:March 23, 2023
Policy Committee: | Transportation | Vote: | 11 - 3 |
Natural Resources | 8 - 3 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends, until 2035, the authority for the collection of various fees on vehicles and vessels that fund state programs to incentivize deployment of clean alternative vehicles, fuels and related infrastructure. The bill also refines and expands the programs’ focus to include criteria pollution and toxics reduction and advancement of the state’s policies for clean transportation, equity, air quality and climate emissions.
In addition, the bill, among other things, directs the California Energy Commission (CEC) to expend (1) at least 50% of Clean Transportation Program (CTP) monies on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians and (2) at least 50 % of the funds for tangible location-based investments in disadvantaged and low-income communities and provides that projects that fulfill both criteria count toward both requirements.
FISCAL EFFECT:
This bill affects several fees on vehicle and vessel registration that, collectively, generate approximately $173 million in annual revenue. Those fees are:
- An $8 annual motor vehicle smog abatement fee.
- A $3 annual vehicle registration fee.
- A $20 vessel registration fee, charged at the time of original registration.
- A $5 quintennial vehicle identification fee.
The annual revenue generated by these fees is allocated as follows:
- $110 million deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund (ARFVTF) for the CTP, administered by the CEC.
- $33 million deposited in the Air Quality Improvement Fund (AQIF), $33 million of which goes to the Air Quality Improvement Program (AQIP), administered by the Air Resources Board (ARB), and $2.8 million to ARB’s portion of the Enhanced Fleet Modernization Program (EFMP).
- $30.6 million allocated to the Bureau of Automotive Repair for the EFMP.
Administrative costs for each of these programs are paid from the fee revenue and, generally, average around 10% of program funds.
COMMENTS:
- Purpose. The author intends this bill to “modernize” CTP and AQIP and reauthorize the fees that fund those programs so the state meets its clean transportation and clean energy goals. According to the author:
The bill would also reauthorize the fees that support these programs until 2035 which aligns with the Governor’s Executive Order on ZEV sales in California. There is a need to focus public investments related to ZEVs in sectors of the market where private industry is unable or unwilling to go-such as ZEV infrastructure for disadvantaged low-income communities and multiunit dwellings. Funding for these important programs will expire at the end of this year and we need to modernize them so they are supporting California’s modern needs.
- Background. The CTP is a longstanding statutory program, administered by the CEC to provide grants to accelerate development and deployment of clean vehicles, including zero-emission vehicle fueling infrastructure, alternative vehicle technologies and alternative fuels. The program receives about $110 million annually from a portion of a variety of annual and biennial taxes on vehicles and vessels, as follows: the biennial vessel registration fee ($10); the annual smog abatement fee ($4); the annual vehicle identification fee ($2.50) and the annual vehicle registration fee ($2.00). Statute in 2008 authorized collection of these fees and established the Advanced and Renewable Fuel and Vehicle Technology Program, since renamed as the much-more-wieldy CTP, and collection of the fees was reauthorized in 2013.
Authority to collect the fees that support the program will expire at the end of 2023. The 2023-24 Governor’s Budget proposes reauthorizing the fees and recasting the program to focus only on zero-emission vehicles and technologies. This bill is similar to the Governor’s proposal.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 24, 2023
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Luz Rivas, Chair
ABPCA Bill Id:AB 241 (
Author:Reyes) – As Amended Ver:March 23, 2023
SUBJECT: Clean Transportation Program: Air Quality Improvement Program: funding
SUMMARY: Reauthorizes various fees that fund the Air Quality Improvement Program (AQIP), the Clean Transportation Program (CTP), and the Enhanced Fleet Modernization Program (EFMP). Makes various revisions to AQIP and CTP, including requiring that 50% of moneys appropriated to the CTP be expended for programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and at least 50% of the funds for tangible location-based investments to be expended in disadvantaged and low-income communities.
EXISTING LAW:
- Requires the Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 [AB 32 (Núñez), Chapter 488, Statutes of 2006], to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. AB 32 authorizes ARB to permit the use of market-based compliance mechanisms to comply with GHG reduction regulations once specified conditions are met. Requires ARB to approve a statewide GHG emissions limit equivalent to 85% below the 1990 level by 2045. (Health and Safety Code (HSC) 38500-38599.11)
- Establishes the CTP, administered by the California Energy Commission (CEC), to provide competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to specified entities to develop and deploy innovative technologies that transform California’s fuel and vehicle types to attain the state’s climate change policies. States that the program emphasizes developing and deploying technologies and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology. Sunsets CTP on January 1, 2024. (HSC 44272)
- Establishes the Air Quality Improvement Fund in the State Treasury, to be administered by ARB, upon appropriation, to administer the AQIP. (HSC 44274.5)
- Establishes the Alternative and Renewable Fuel and Vehicle Technology (ARFVT) Fund in the State Treasury, to be administered by CEC, to administer the CTP. (HSC 44215-44216)
- Requires ARB to adopt a program (the EMFP) in consultation with the Bureau of Automotive Repair, that allows for the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters with sufficient remaining life, with guidelines ensuring compensation of at least $1,500 for low-income motor vehicle owners and not more than $1,000 for all other motor vehicle owners. (HSC 44125)
- Establishes the AQIP, administered by ARB in consultation with local air districts, to fund projects to reduce criteria air pollutants and provide funding for research to determine and improve the air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. Allows ARB to give funding preference to projects that reduce criteria or toxic air pollutants, regional air quality improvements, clean alternative fuels and vehicle technologies, climate change benefits, market transformation of California’s vehicle or equipment fleet to use low-carbon or zero-emission technologies, and leverage private capital investments. (HSC 44274)
- Increases, beginning July 1, 2008, the smog abatement fee by $8 and requires $4 to be deposited in the Air Quality Improvement Fund and $4 to be deposited in the ARFVT Fund. Sunsets the fee increase on January 1, 2024. (HSC 44060.5)
- Increases, beginning July 1, 2008, the vehicle registration fee by $3 and requires $2 of the increase to be deposited in the ARFVT Fund and $1 to be deposited into the Enhanced Fleet Modernization Subaccount. Sunset the fee increase on January 1, 2024. (Vehicle Code (VEH) 9250.1)
- Increases, beginning July 1, 2008, the identification plate fee by $5 and requires $2.50 of the increase to be deposited into the ARFVT Fund and $2.50 to be deposited into the Air Quality Improvement Fund. Sunsets the fee increase on January 1, 2024. (VEH 9261.1)
- Increases, beginning July 1, 2008, the even-numbered year vessel registration fee by $10 and requires $5 of the increase to be deposited into the ARFVT Fund and $5 to be deposited into the Air Quality Improvement Fund. Sunsets the fee increase on January 1, 2024. (VEH 9853.6 (a))
- Increases, beginning July 1, 2008, the odd-numbered year vessel registration fee (VEH 9853 (b)(2)] by $20 and requires $10 of the increase to be deposited into the ARFVT Fund and $10 to be deposited into the Air Quality Improvement Fund. Sunsets the fee increase on January 1, 2024. (VEH 9853.6 (b))
THIS BILL:
- Extends the sunset on the following fees until January 1, 2035:
- The $8 increase to the smog abatement fee;
- The $3 increase in the vehicle registration fee;
- The $10 increase in the fee for even-numbered vessel registration; and,
- The $20 increase in the fee for odd-numbered vessel registration.
- Makes the following changes to the CTP:
- Specifies that the goals of the program shall be to advance the state’s clean transportation, equity, air quality, and climate emission policies, including, the Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program; the short-lived climate pollutant strategy; the mobile source strategy; the Clean Cars 4 All Program; the strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden; preserving public access when power facilities are located in the coastal zone; the study on barriers for low-income customers access to zero-emission transportation options; and, the Clean Freight Corridor Efficiency Assessment.
- Requires CEC, by January 1, 2025, when developing the CTP investment plan, to ensure investments support:
- Annually increasing deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet clean transportation, equity, air quality, and climate emission goals; and,
- Annually increasing deployment of light-duty vehicle infrastructure technology to fill deployment gaps, as specified.
- Repeals the requirement that CEC provide preference to projects that:
- Provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels;
- Are consistent with existing and future state climate change policy and low-carbon fuel mandates;
- Ability to decrease the discharge of water pollutants or other harmful substances;
- Ability to reduce GHG emissions by at least 10% from current reformulated gasoline and diesel fuel standards; and,
- Use of alternative fuel blends of at least 20%.
- Requires CEC, on and after January 1, 2025, to expend at least 50% of moneys appropriated to the CTP on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and at least 50% of the funds for tangible location-based investments to be expended in disadvantaged and low-income communities.
- Specifies that eligible programs and projects that meet the requirements of bullet (4) above include:
- Programs that fill gaps in the equitable distribution of light-duty charging infrastructure;
- Programs deploying publicly accessible or shared charging or refueling stations serving low-income or disadvantaged customers;
- Infrastructure for public transportation and school bus electrification;
- Programs that support the deployment of clean medium- and heavy-duty vehicles or other programs that displace local air pollution in disadvantaged and low-income communities;
- Financing assistance and vehicle purchase, charging, or fueling incentives for customers in disadvantaged or low-income communities;
- Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options; and,
- Programs that create high-quality jobs related to supporting new clean technology in transportation and reduce household energy burdens related to vehicle charging.
- Requires CEC to consult with the disadvantaged community advisory group and the CTP Investment Plan advisory body.
- Revises the primary purpose of AQIP to fund projects to reduce criteria pollutants in the logistics, trucking, and port sectors, improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
- Removes from AQIP eligibility:
- Projects that provide research to determine the air quality impacts of alternative fuels and projects that study the life-cycle impacts of alternative fuels and conventional fuels, the emissions of biofuel and advanced reformulated gasoline blends, and air pollution improvements and control technologies for use with alternative fuels and vehicles; and,
- Projects that augment the University of California’s agricultural experiment station and cooperative extension programs for research to increase sustainable biofuels production and improve the collection of biomass feedstock.
- Adds to AQIP eligibility precommercial demonstrations of advanced vehicles, engine, equipment, and transportation systems.
- Makes related technical and conforming amendments to existing law.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
AB 241 would modernize the Clean Transportation Program at the California Energy Commission (CTP) and the Air Quality Improvement Program (AQIP) at the California Air Resources Board to be zero-emission focused, address the gaps in light-duty zero emission vehicle (ZEV) charging infrastructure, support medium- and heavy-duty zero-emission vehicles, and create dedicated funding for low-income & disadvantaged communities. The bill would also reauthorize the fees that support these programs until 2035 which aligns with the Governor’s Executive Order on zero-emission vehicle sales in California.
There is a need to focus public investments related to ZEVs in sectors of the market where private industry is unable or unwilling to go-such as ZEV infrastructure for disadvantaged low-income communities and multiunit dwellings. Funding for these important programs will expire at the end of this year and we need to modernize them so they are supporting California’s modern needs.
- California’s emission reduction goals. California has ambitious emissions reduction goals and has established numerous targets and programs to achieve the goals. State law requires ARB to approve a statewide GHG emissions limit equivalent to 85% below the 1990 level by 2045. The state has adopted a short-lived climate pollutant emissions reduction targets, including a 40% reduction in methane emissions, 40% reduction in hydrofluorocarbon gases, and 50% reduction in anthropogenic black carbon below 2013 levels by 2030. The law also requires the state to achieve carbon neutrality by 2045.
In addition to specific emissions reduction goals, the state has adopted specific goals to increase the supply of ZEVs and charging and fueling stations. In a series of executive orders, the Governor requires, by 2025, 1.5 million ZEVs on the road, 200 hydrogen-fueling stations, and 250,000 electric vehicle chargers. By 2030, the state is directed to have 8 million ZEVs on the road. By 2035, 100% of new passenger vehicles and trucks are required to be ZEVs. By 2045, 100% of operating medium- and heavy-duty trucks and buses are required to be zero emission where feasible. - Transportation emissions. Nearly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty vehicles. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, particulate matter, carbon monoxide, nitrogen oxides, and sulfur dioxide, affecting local air quality. Measures to reduce GHG emissions in the transportation sector include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in number of vehicle miles traveled.
- Clean Transportation Program. CTP was established by the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [AB 118 (Núñez), Chapter 750, Statutes of 2007] to provide funding to develop and deploy innovative advanced transportation and fuel technologies to help the state achieve its climate change, petroleum reduction, and ZEV goals. CTP invests up to $100 million annually in a broad range of transportation and fuel projects throughout the state. Under CTP, CEC leverages public and private investments to support the adoption of cleaner transportation using alternative and renewable fuels.
- Air Quality Improvement Program. AQIP was also established by AB 118 to reduce GHG, criteria pollutant, and toxic air contaminant emissions through the deployment of advanced technology and clean transportation. The program is funded by the AQIP Guidelines, which regulate the administration and implementation of the program, and annual funding plans, which establish ARB’s priorities for each funding cycle, describes the projects ARB intends to fund, and sets funding targets for each project. The 2022-23 Funding Plan allocates $326 million for vehicle purchase incentives, $55 million for mobility investments, over $2 billion for clean trucks and buses, and $135 million for demonstrations and commercial harbor crafts.
- Enhanced Fleet Modernization Program. EFMP is a voluntary vehicle scrap program that promotes advanced technology for low-income California residents that live in an air district that implements an EFMP. Recipients of these incentive funds must scrap their older, higher polluting vehicle and purchase a cleaner vehicle or they can receive an eligible mobility option, such as transit passes or a bicycle, in lieu of a replacement vehicle.
- This bill. This bill updates and revises the CTP and AQIP to focus on medium- and heavy-duty ZEVs and the infrastructure needed to support their use. The bill also requires increased communication with disadvantaged communities, and codifies CEC’s goal of directing 50% of funds be spent on CTP programs to serve or benefit residents of disadvantaged and low-income communities.
In order to ensure continued funding of these programs and the EMFP, this bill reauthorizes the fees that fund the programs through 2035. Without legislation to extend the funding, these fees would sunset on January 1, 2024. - Double referral. This bill was approved by the Assembly Transportation Committee on April 17 with a vote of 11-3.
REGISTERED SUPPORT / OPPOSITION:
Support
California Environmental Voters
Coalition for Clean Air
Communities for a Better Environment
Environment California
Greenlining Institute
Natural Resources Defense Council
Plug In America
Opposition
California Hydrogen Business Council
California Hydrogen Coalition
Howard Jarvis Taxpayers Association
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /
Date of Hearing: April 17, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
ABPCA Bill Id:AB 241 (
Author:Reyes) – As Amended Ver:March 23, 2023
SUBJECT: Clean Transportation Program: Air Quality Improvement Program: funding
SUMMARY: Reauthorizes fees that fund the Air Quality Improvement Program (AQIP), the Clean Transportation Program (CTP), and the Enhanced Fleet Modernization Program (EFMP) and makes changes to CTP and AQIP. Specifically, this bill:
Reauthorization of fees
- Extends the following fees until January 1, 2035:
- $8 smog abatement fee increase, and subsequent $4 deposit in the Air Quality Improvement Fund and $4 deposit in the Alternative and Renewable Fuel and Vehicle Technology (ARFVT) Fund.
- $3 vehicle registration fee and subsequent $2 deposit in the ARFVT Fund and $1 in the Enhanced Fleet Modernization Subaccount.
- $5 identification plate fee increase and subsequent $2.50 deposit in the ARFVT Fund and $2.50 deposit in the Air Quality Improvement Fund.
- $10 vessel registration (even-numbered year) fee increase and subsequent $5 deposit into the ARFVT Fund and $5 deposit into the Air Quality Improvement Fund.
- $20 vessel registration (odd-numbered year) fee increase and subsequent $10 deposit into the ARFVT Fund and $10 deposit into the Air Quality Improvement Fund.
Changes to CTP
- Requires the goals of CTP be to advance the state’s clean transportation, equity, air quality, and climate emission policies, including, but not limited to: the Clean Truck and Bus Program, the short-lived climate pollutant strategy, the mobile source strategy, the Clean Cars 4 All Program, the electric vehicle charging infrastructure assessment, the study on barriers for low-income customers to zero-emission transportation options, the statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden, and the Clean Freight Corridor Efficiency Assessment.
- Requires the State Energy Resources Conservation and Development Commission (also known as the California Energy Commission or CEC), on or after January 1, 2025, when developing the CTP Investment Plan to ensure program investments support all of the following:
- Annually increasing deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles that meet the clean transportation, equity, air quality, and climate emission goals.
- Annually increasing deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified by the electric vehicle infrastructure charging and equitable deployment assessments.
- On and after January 1, 2025, no less than 50% of CTP investments to be expended on projects as defined by new provisions (#6 below). The remaining 50% would be spent on investments consistent with existing CTP project eligibility criteria.
- Requires CEC, on and after January 1, 2025, to expend at least 50% of CTP money on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and requires at least 50% of the funds for tangible location-based investments to be expended in disadvantaged and low-income communities.
- Authorizes eligible programs and projects that meet the equity criteria to include, but not be limited to, any of the following:
- Programs that fill gaps in equitable distribution of light-duty charging infrastructure;
- Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities;
- Infrastructure for public transportation and school bus electrification programs;
- Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities;
- Financial assistance and vehicle purchase, charging, or fueling incentives for customers residing in disadvantaged and low-income communities;
- Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options; and,
- Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
- Requires CEC to consult with the disadvantaged community advisory group and the CTP Investment Plan advisory body.
- Removes the following from the criteria list that CEC is required to provide project preference to:
- Viable alternative fuels that meet petroleum reduction and alternative fuel use goals.
- The project’s ability to decrease on a life-cycle basis, the discharge of water pollutants.
- The project’s ability to reduce on a life-cycle assessment GHG emissions by at least 10% from current gasoline and diesel fuel standards.
- The project’s use of alternative fuel blends of at least 20%.
Changes to AQIP
- Makes the primary purpose of AQIP to fund projects to reduce criteria air pollutants in the logistics, truck, and port sectors; improve air quality in nonattainment basins, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies.
- Adds precommercial demonstrations of advanced vehicles, engines, equipment, and transportation systems to AQIP project funding eligibility.
- Removes from AQIP project funding eligibility:
- Research to determine the air quality impacts of alternative fuels and projects to study the life-cycle impacts of alternative fuels and conventional fuels, the emissions of biofuel and advanced reformulated gasoline blends, and air pollution improvements and control technologies for use with alternative fuels and vehicles; and,
- Augmentations for the University of California’s agricultural experiment station and cooperative extension programs for research to increase sustainable biofuels production and improve the collection of biomass feedstock.
EXISTING LAW:
AB 8/AB 118 Programs
AQIP
- Establishes AQIP, administered by CARB, with the primary purpose of funding, upon appropriation by the Legislature, air quality improvement projects relating to fuel and vehicle technologies that reduce criteria air pollutants, improve air quality. Also, funds research to determine and improve the air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. The fees that fund AQIP sunset January 1, 2024. (Health and Safety Code (HSC) 44274)
- Limits AQIP to competitive grants, revolving loans, loan guarantees, loans, and other appropriate funding measures that further the purposes of the program.
- Limits projects funded to only those explicitly listed in statute.
CTP
- Establishes CTP, administered by CEC, with funding from vehicle and vessel registration, vehicle identification plates, and smog-abatement fees that provide up to $100 million annually for grants, revolving loans, loan guarantees, and other financial assistance to accelerate the development and deployment of clean, efficient, low carbon alternative fuels and technologies. The fees that fund CTP sunset January 1, 2024. (HSC 44272)
- Requires CEC to develop and adopt an investment plan, in consultation with an advisory body and through a public process, to determine priorities for investment of funds and technologies to achieve the goals of the CTP. Requires CEC to submit a draft update each January, coincident with the Governor’s Budget. (HSC 44272.5 and 44272.7)
- Requires CEC, in consultation with CARB, as part of the development of the investment plan, to assess whether charging station infrastructure is disproportionately deployed, and, to use CTP funding to more proportionately deploy new charging station infrastructure, unless CEC makes a finding that the disproportionate deployment is reasonable and furthers state energy or environmental policy. (Public Resources Code (PRC) 25231)
- Requires CARB, in consultation with CEC, to develop and adopt guidelines for both CTP and AQIP to ensure that activities undertaken a) complement efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant and GHG emissions and b) maintain or improve upon emission reductions and air quality benefits in the State Implementation Plan for Ozone, California Phase 2 Reformulated Gasoline standards, and diesel fuel regulations. (HSC 44271)
- Requires CEC to provide preference to projects that maximize the goals of the CTP, based on specified criteria. (HSC 44272)
- Limits the activities funded under the CTP to only those explicitly named in statute. (HSC 44272)
EFMP
- Requires CARB to adopt a program, in consultation with the Bureau of Automotive Repair (BAR), that allows for the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters with sufficient remaining life, with guidelines ensuring compensation of at least $1,500 for low-income motor vehicle owners and not more than $1,000 for all other motor vehicle owners. (HSC 44125)
AB 8/AB 118 Funds
- Creates the Air Quality Improvement Fund in the State Treasury, administered by CARB, with moneys in the fund, upon appropriation by the Legislature to be expended by CARB to implement the Air Quality Improvement Program. Authorizes the Legislature to transfer moneys from the fund to the Carl Moyer Memorial Air Quality Standards Attainment Trust Fund. (HSC 44274.5)
- Establishes the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account, with moneys deposited in the subaccount available, upon appropriation by the Legislature, to the Department of Consumer Affairs and BAR to establish and implement, and to CARB to implement and administer, the enhanced fleet modernization program for voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. (HSC 44125 and 44126)
- Creates the Alternative and Renewable Fuel and Vehicle Technology (ARFVT) Fund in the State Treasury, administered by the CEC, with moneys in the fund, upon appropriation by the Legislature to be expended by CEC to implement the Clean Transportation Program. (HSC 44273)
AB 8/AB 118 Fees:
- Beginning July 1, 2008, increases the smog abatement fee (HSC 44060) by $8 and requires $4 to be deposited in the Air Quality Improvement Fund and $4 to be deposited in the ARFVT fund. Repeals the fee increase on January 1, 2024. (HSC 44060.5)
- Beginning July 1, 2008, increases the vehicle registration fee (Vehicle Code (VEH) 9250) by $3 and requires $2 of the increase to be deposited in the ARFVT Fund and $1 to be deposited into the Enhanced Fleet Modernization Subaccount. Repeals the fee increase on January 1, 2024. (VEH 9250.1)
- Beginning July 1, 2008, increases the identification plate fee (VEH 9261, 1678) by $5 and requires $2.50 of the increase to be deposited into the ARFVT Fund and $2.50 to be deposited into the Air Quality Improvement Fund. Repeals the fee increase on January 1, 2024. (VEH 9261.1)
- Beginning July 1, 2008, increases the even-numbered year vessel registration fee (VEH 9853 (b)(1)) by $10 and requires $5 of the increase to be deposited into the ARFVT Fund and $5 to be deposited into the Air Quality Improvement Fund. Repeals the fee increase on January 1, 2024. (VEH 9853.6 (a))
- Beginning July 1, 2008, increases the odd-numbered year vessel registration fee (VEH 9853 (b)(2)] by $20 and requires $10 of the increase to be deposited into the ARFVT Fund and $10 to be deposited into the Air Quality Improvement Fund. Repeals the fee increase on January 1, 2024. (VEH 9853.6 (b))
Related state programs and climate goals:
- Establishes a disadvantaged community advisory group, consisting of representatives from disadvantaged communities, to review and provide advice on programs proposed to achieve clean energy and pollution reduction and determine whether those proposed programs will be effective and useful in disadvantaged communities. (Public Utilities Code (PUC) 400)
- Creates the Clean Truck and Bus Program administered by CARB in conjunction with the CEC and upon appropriation of funding requires the program to develop, demonstrate, pilot, and deploy zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. (HSC 39719.2)
- Requires CARB, no later than January 1, 2028, to approve and begin implementing the comprehensive short-lived climate pollutant strategy to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. (HSC 39730.5)
- Requires CARB, no later than January 1, 2021 and every five years after, in consultation with Caltrans, CEC, and the Governor’s Office of Business and Economic Development (GO-Biz), to update the mobile source strategy to include a comprehensive strategy for the deployment of medium duty and heavy-duty vehicles in the state for the purpose of bringing the state into compliance with federal ambient air quality standards and reducing motor vehicle GHG emissions from medium duty and heavy-duty vehicles by 2030 and 2050, respectively. (HSC 43024.2)
- Establishes the Clean Cars 4 All Program, administered by CARB, to focus on achieving reductions in the emissions of GHGs, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option. (HSC 44124.5)
- Requires CEC, working with CARB and the Public Utilities Commission (CPUC), to prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least five million zero-emission vehicles (ZEVs) on California roads by 2030, and of reducing GHG emissions to 40% below 1990 levels by 2030. (PRC 25229)
- Requires CARB, on or before January 1, 2017, in consultation with the CPUC and with input from relative state agencies and the public, to develop and publish a study on barriers for low-income customers to zero-emission and near-zero-emission transportation options, including those in disadvantaged communities, as well as recommendations on how to increase access to these transportation options to this targeted population. (PRC 25327)
- Requires CARB, on or before October 1, 2018 and every five years after, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the air districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industry, and other interested stakeholders, to prepare a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. (HSC 44391.2)
- Requires the California Transportation Commission (CTC), in coordination with CARB, CPUC, CEC, and GO-Biz, to develop the Clean Freight Corridor Efficiency Assessment. (Government Code (GOV) 14517)
FISCAL EFFECT: Unknown
COMMENTS: Since 2006, California has set several goals to reduce greenhouse gas (GHG) emissions, address climate change, and improve the public health of its residents. These goals require incremental progress that will ultimately lead to larger emission reductions, including:
- Reduce GHG emissions to 40% below 1990 levels by 2030. SB 32 (Pavley) Chapter 488, Statutes of 2016.
- Reduce short-lived climate pollutant emissions, such as methane, to 40 to 50% below 2013 levels by 2030. SB 1383 (Lara) Chapter 395, Statutes of 2016).
- Achieve a carbon-neutral economy by 2045 (AB 1279 (Muratsuchi), Chapter 337, Statutes of 2022).
Additionally, California has led on the transition to ZEVs, setting specific goals to boost the supply of ZEVs as well as charging and fueling stations, including:
- By 2025
- 1.5 million ZEVs on the road. (Executive Order (EO) B-16-12)
- Installation of 200 hydrogen-fueling stations and 250,000 battery-electric vehicle chargers, including 10,000 direct-current fast chargers, by 2025. (EO B-48-18)
- By 2030
- 5 million ZEVs on the road. (EO B-48-18)
- 8 million ZEVs on the road. (California Air Resources Board (CARB) estimate to meet EO N-79-20)
- By 2035
- Transition 100% of new sales of passenger vehicles and trucks to ZEVs. (EO N-79-20)
- Transition 100 percent of drayage trucks to zero emission. (EO N-79-20)
- Transition 100% of operating off-road vehicles and equipment to zero emission everywhere feasible. (EO N-79-20)
- By 2045
- Transition 100% of operating medium- and heavy-duty trucks and buses to zero emission everywhere feasible. (EO N-79-20)
Nearly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, NOx, and sulfur dioxide, affecting local air quality. In the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in number of vehicle miles traveled.
ZEV regulations. CARB finalized the Advanced Clean Truck (ACT) regulation in June 2020. ACT accelerates a large-scale transition of zero-emission medium-and heavy-duty vehicles (Class 2b to Class 8 vehicles). One of component of the regulation is a manufacturer sales requirement. Manufacturers who certify Class 2b-8 chassis or complete vehicles with combustion engines are required to sell zero-emission trucks as an increasing percentage of their annual California sales from 2024 to 2035. By 2035, zero-emission truck/chassis sales would need to be 55% of Class 2b – 3 truck sales, 75% of Class 4 – 8 straight truck sales, and 40% of truck tractor sales.
To further the transition to a zero-emission fleet, at the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20 which requires 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks. EO N-79-20 charges CARB with developing and proposing medium- and heavy-duty vehicle regulations requiring increasing volumes of new zero-emission trucks and buses sold and operated in the state towards that goal. CARB is in the process of finalizing the Advanced Clean Fleet (ACF) regulation, and the Board will be voting on the item in April 2023.
EO N-79-20 also requires 100% of in-state sales of new passenger cars and trucks to be zero-emission by 2035. EO N-79-20 tasks CARB with developing and proposing passenger vehicle and truck regulations requiring increasing volumes of new ZEVs sold in the State towards that goal. EO-N-79-20 also tasked the State Energy Resources Conservation and Development Commission (also known as the Energy Commission or CEC) to update the biennial statewide assessment of ZEV infrastructure required by AB 2127 (Ting), Chapter 365, Statutes of 2018 to support the level of EV adoption required by the EO.
ZEV infrastructure to support ZEV vehicles. In 2021, the state reached a total of one million light-duty ZEVs sold in California. In the first three quarters of 2022, 17.7% of new vehicle sales were ZEVs. Based on the AB 2127 analysis, CEC projects that approximately 700,000 to 1.2 million public and shared-private chargers will be needed by 2030 to support 5 million to 8 million light-duty ZEVs, respectively. According to the CEC’s ZEV Infrastructure Plan, 80,000 light-duty public and shared-private EV chargers currently operate statewide, with another estimated 17,000 on the way. The AB 2127 analysis calculates the state needs an additional 157,000 chargers to support 180,000 medium- and heavy-duty vehicles anticipated for 2030.
In contrast, CEC’s 2022-23 Investment Plan Update for the Clean Transportation Program, anticipates that between public and private investments California will meet the goal of 200 hydrogen refueling stations (called for in EO B-48-18), with sufficient capacity to serve 273,000 fuel cell vehicles. Automakers expect to have 65,000 light-duty fuel cell vehicles on the road in 2028, so station capacity should not be a near-term barrier to light-duty fuel cell vehicle deployment once these stations are operational.
Recent ZEV infrastructure investments focus on the medium- and heavy-duty sector. According to the Alternative Fuels Data Center, “the rollout of heavy-duty hydrogen trucks, such as line-haul trucks, will necessitate very large stations compared to light-duty needs. The increase in production and distribution of hydrogen for these stations could improve efficiency and utilization of expensive capital equipment leading to lower fuel costs per kilogram, benefiting both heavy- and light-duty customers.”
AB 118/AB 8 program descriptions. CTP provides funding to support innovation and accelerate the development and deployment of advanced transportation and fuel technologies. CTP invests in a broad portfolio of transportation and fuel transportation projects throughout the state, and leverages public and private investments to support adoption of cleaner transportation powered by alternative and renewable fuels. An Advisory Committee provides advice and guidance to the CEC and serves as a forum to consult on matters relative to developing the annual CTP Investment Plan.
AQIP funds projects that reduce criteria air pollutants and improve air quality, along with certain related research projects. In developing guidelines for AQIP, CARB holds public hearings and workshops in northern California, southern California, and the Central Valley. CARB provides preference in awarding funding to projects with higher benefit-cost scores that maximize the goals of AQIP, but is limited to those projects explicitly called out in statute. Every year, CARB must submit a proposed Funding Plan to the board for approval. The funding plan serves as the blueprint for expending Low Carbon Transportation (Greenhouse Gas Reduction Fund) and AQIP funds appropriated through the budget process. Examples of projects that have been funded by AQIP include truck loan assistance, CVRP, Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP), Truck Filter Replacements, and others.
EFMP is a voluntary vehicle scrap program that promotes advanced technology for low-income California residents that live in an air district that implements an EFMP. Recipients of these incentive funds must scrap their older, higher polluting vehicle and purchase a cleaner vehicle or they can receive an eligible mobility option, such as transit passes or a bicycle, in lieu of a replacement vehicle.
This bill extends the sunset dates for various motor vehicle and equipment fees currently supporting the CTP, which funds ZEV infrastructure, fuel production, workforce development, and manufacturing; AQIP, which funds cleaner truck technology, truck loans and advanced technology demonstrations; and EFMP, which provides incentives to low-income individuals to scrap high polluting vehicles and replace them with cleaner alternatives.
This bill focuses CTP and AQIP investments on medium- and heavy-duty ZEVs and related infrastructure, reduces the focus on alternative fuels, and supports filling in the gaps in in equitable distribution of light-duty charging infrastructure.
This bill also directs 50% of the annual overall CTP program funds to disadvantaged and low-income communities; a goal committed to previously by CEC, but never officially codified.
This bill makes no changes to EFMP.
The fees this bill reauthorizes provide approximately $173 million annually for incentive programs:
- $110 million for CEC’s CTP, with approximately $100 million available for direct program costs and the remaining being used for program administration.
- $33 million for CARB.
- $30 million for AQIP.
- $2.8 million for CARB’s portion of EFMP.
- $30.6 million for BAR’s portion of EFMP.
The table below summarizes the various fees that sunset on January 1, 2024.
Fees proposed for reauthorization under this bill
AQIP | CTP | EFMP | |
Smog Abatement Fee | $4 | $4 | -- |
Vehicle Registration Fee | -- | $2 | $1 |
Vessel Registration Feea | $10 | $10 | -- |
Vehicle Identification Fee | $2.50 | $2.50 | -- |
aAQIP and CTP receive $10 from vessel registration fees that become due in odd-numbered years and $5 from vessel registration fees that become due in even-numbered years
The Governor’s proposed budget also seeks to reauthorize the fees associated with these programs and make programmatic changes and updates (3360-14-BCP-2023-GB and related proposed trailer bill language).
“CEC and CARB request to: (1) extend until June 30, 2035 the portion of the vehicle registration fee described in Vehicle Code Section 9250.1 to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund (ARFVTF) and Enhanced Fleet Modernization Subaccount accounts, the portion of the smog abatement fee described in Health and Safety Code Section 44060.5 to be deposited in the Air Quality Improvement Fund (AQIF) and the ARFVTF accounts, the portion of the vessel registration fee described in Vehicle Code Section 9853.6 to be deposited in the ARFVTF and AQIF accounts, and the portion of the identification plate fee described in Vehicle Code Section 9261.1 to be deposited in the ARFVTF and AQIF accounts.
Additionally, the CEC proposes the following updates to the CTP: (2) focus the CTP on zero-emission transportation infrastructure, fuels, and technologies where feasible and near zero-emission elsewhere; (3) streamline and enhance the CTP by making the following administrative improvements: (a) expand sole source authority to include U.S. Department of Energy laboratories; and (4) expand definition of tribes beyond federally recognized tribes to include all California Native American tribes to provide greater consistency with other CEC programs and allow non-federally recognized tribes to also benefit from CTP.”
According to the author, “[This bill] would modernize CTP and AQIP at CARB to be zero-emission focused, address the gaps in light-duty ZEV charging infrastructure, support medium- and heavy-duty ZEVs, and create dedicated funding for low-income & disadvantaged communities. The bill would also reauthorize the fees that support these programs until 2035 which aligns with the Governor’s Executive Order on ZEV sales in California. There is a need to focus public investments related to ZEVs in sectors of the market where private industry is unable or unwilling to go-such as ZEV infrastructure for disadvantaged low-income communities and multiunit dwellings. Funding for these important programs will expire at the end of this year and we need to modernize them so they are supporting California’s modern needs.”
In support CALSTART writes, “Not only will extending these landmark programs help the state meet its climate and air quality goals, but will leverage billions in private-sector investment, create good jobs, accelerate the clean fuels industry, and attract substantial federal investment. Since the CTP, AQIP, and EFMP programs were established, California has developed a homegrown ZEV industry, employing nearly 70,000 Californians in vehicle and infrastructure manufacturing and supply-chain jobs. Without reauthorizing the fees established to support these programs, these clean transportation investments will lose approximately $173M in funding per year and will be left without a stable ongoing funding source, which could have unintended consequences on the state’s job market and economy, and its ability to reach its clean air and GHG reduction goals. This fixed source of funding has been made more important by the recent economic downturn affecting the state budget and general fund appropriated ZEV package.”
In addition to ensuring stable funding for these critical programs, [this bill] updates the CTP to prioritize investments in areas of the state where pollution is highest, dedicates 50% of funds for disadvantaged and low-income communities, and requires the CEC to consult with the Disadvantaged Community Advisory Group. This measure recognizes the disproportionate harm greenhouse gas emission poses to our most vulnerable communities and seeks to update our clean transportation and air quality programs to ensure that zero-emission transportation is more accessible and equitable in California.”
In opposition the California Hydrogen Coalition and California Hydrogen Business Council write, “We suggest CTP reauthorization be amended to update and renew California’s commitment to hydrogen. Specifically, we suggest the program allocate 30% of program dollars, not to exceed $30M, for a total of $300M to create a statewide and self-sufficient fueling network of 1,000 fueling stations. This allocation is not arbitrary, it aligns with the 2021 Hydrogen Self-Sufficiency Analysis done by the ARB which states, “self-sufficiency can be achieved in most representative scenarios by 2030 with $300 million or less in State support beyond AB 8 (2014).” It also aligns with the ACCII regulation which indicates a minimum of 17% of the ZEV fleet will be fuel cell by 2035 for a total of 1.7 million fuel cell vehicles - - a figure necessitating well over 1,000 stations.”
Double referral: This bill is double referred to the Assembly Natural Resources Committee and will be heard by that Committee as it relates to issues under its jurisdiction.
Related and previous legislation: SB 84 (Gonzalez) of the current session is the companion bill to this bill. SB 84 passed out of the Senate Transportation Committee with a 10-4 vote and is currently in the Senate Environmental Quality Committee.
AB 2836 (E. Garcia) Chapter 355, Statutes of 2022 reauthorizes fees that fund the Carl Moyer Air Quality Standards Attainment Program until January 1, 2034.
AB 1389 (Reyes), Chapter 339, Statutes of 2022 clarifies criteria preferences of CTP projects.
SB 726 (Gonzalez) of 2021 would have revised the CTP to increase focus on clean air and equity investments. SB 726 was held on the Assembly floor.
AB 2772 (Reyes of 2020) would have revised CTP to no longer require CEC to provide certain project preferences and to additionally require CEC to provide preference to a project that has the ability to support advanced vehicle infrastructure needed to meet specified climate goals. The bill would have revise the list of projects that the commission is required to make eligible for funding to include, among others, medium- and heavy-duty vehicle research, pilot, demonstration, and deployment projects that reduce emissions from fleets in the goods movement and public transit sectors. AB 2772 was held in this committee due to COVID-related bill limitations.
AB 8 (Perea) Chapter 401, Statutes of 2013 extends increased vehicle registration fees, vessel registration fees, service fees for ID plates, and smog abatement fees to be deposited in ARFVT Fund, AQIF, and EFM subaccount until 2024. Requires CEC to allocate $20 million annually from ARFTV fund to fund hydrogen fueling stations until there are at least 100 publicly available in the state.
AB 118 (Nuñez) Chapter 750, Statutes of 2007 creates CTP Program, AQIP, and EFMP. Creates ARFVT fund and allocates $10 million to the fund from Public Interest Research, Development, and Demo Fund. Imposes increases, until January 1, 2016, on vehicle registration fees, vessel registration fees, service fees for ID plates, and smog abatement fees to be distributed to ARFVT fund, AQIF, and EFM subaccount.
REGISTERED SUPPORT / OPPOSITION:
Support
ABB
BYD Motors
California Electric Transportation Coalition
CALSTART
California Catholic Conference
California Environmental Voters
ChargePoint
ChargerHelp!
Chargie
Coalition for Clean Air
Communities for a Better Environment
Electric Vehicle Charging Association
Environment California
EvBox
Evgo Services
FLO
FreeWireTechnologies
Greenlining Institute
Natural Resources Defense Council
Proterra
Qmerit
Union of Concerned Scientists
Valley Clean Air Now
Volvo Group North America
Xeal
Zeem Solutions
Opposition
California Hydrogen Business Council (unless amended)
California Hydrogen Coalition (unless amended)
Howard Jarvis Taxpayers Association
Analysis Prepared by: Christine Casey / TRANS. / (916) 319-2093
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Natural Resources
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):