AB 2635: Air pollution: small off-road engines: voucher programs: local regulation.

Existing law requires the State Air Resources Board, by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Existing law requires those regulations to apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible, whichever is later, and requires the state board to identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding, as specified.

This bill would require each large and medium air pollution control and air quality management district, no later than January 1, 2028, to implement and maintain a commercial rebate voucher program to support the transition to zero-emission small off-road equipment consistent with specified requirements. By requiring districts to establish a new program, the bill would impose a state-mandated local program. The bill would also require a small rural district or local government that chooses to adopt such a program to comply with specified requirements in administering the program.

This bill would prohibit, until January 1, 2032, prohibit a local government from adopting or enforcing an ordinance that prohibits the use of small off-road engine landscaping equipment, except as specified, and equipment unless the local government implements an incentive voucher program that complies with specified requirements. The bill would prohibit the punishment of a violation of an ordinance adopted by a local government governing the use of any small off-road engine landscaping equipment as an infraction or misdemeanor, as specified. and would provide that the ordinance is only punishable by an administrative fine imposed in accordance with specified requirements.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.