BILL NUMBER: AB 2061 CHAPTERED
BILL TEXT

CHAPTER 1072
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
APPROVED BY GOVERNOR SEPTEMBER 30, 2000
PASSED THE ASSEMBLY SEPTEMBER 1, 2000
PASSED THE SENATE AUGUST 31, 2000
AMENDED IN SENATE AUGUST 31, 2000
AMENDED IN SENATE AUGUST 30, 2000
AMENDED IN SENATE JUNE 26, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY MAY 1, 2000

INTRODUCED BY Assembly Member Lowenthal
(Coauthor: Assembly Member Scott)

FEBRUARY 22, 2000

An act to add Chapter 8.6 (commencing with Section 44260) to Part
5 of Division 26 of the Health and Safety Code, relating to air
pollution, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2061, Lowenthal. Zero-emission vehicles: alternative diesel
fuel.
(1) Existing law contains various provisions relative to air
pollution control.

This bill would create a grant program for the purchase and lease of zero-emission vehicles, as defined, in the state, to be developed
and administered by the State Air Resources Board, in conjunction
with the State Energy Resources Conservation and Development
Commission. The program would provide grants to specified recipients
in an amount equal to 90% of the incremental cost above $1,000 of an
eligible new zero-emission light-duty car or truck, as defined.
This bill would appropriate $18,000,000 from the General Fund to
the State Air Resources Board for allocation for the purposes of the
bill.
(2) Existing law authorizes the State Air Resources Board, among
other things, to adopt and implement motor vehicle fuel
specifications for the control of air contaminants and the sources of
air pollution.

This bill would appropriate $500,000 from the General Fund to the
State Air Resources Board for allocation for grants to air pollution
control districts and air quality management districts for fiscal
years 2000-01, 2001-02, and 2002-03. The bill would require
districts receiving grants to use these funds to offset the
incremental operating costs of alternative diesel fuel, as defined,
and as used in heavy-duty vehicles and equipment, as specified.


(3) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. Chapter 8.6 (commencing with Section 44260) is added to
Part 5 of Division 26 of the Health and Safety Code, to read:

CHAPTER 8.6. ZERO-EMISSION VEHICLE GRANTS

44260. The state board, in conjunction with the State Energy
Resources Conservation and Development Commission, shall develop and
administer a program to provide grants to individuals, local
governments, state agencies, nonprofit organizations, and private
businesses, to encourage the purchase or lease of a new zero-emission
vehicle.
44261. (a) The maximum available grant for any qualified
recipient, as determined by the state board, shall be an amount equal
to 90 percent of the incremental cost above one thousand dollars
($1,000) of a new zero-emission light-duty car or truck eligible for
the program.
(b) For the purposes of this chapter:
(1) "Incremental cost" means the amount determined by the State
Energy Resources Conservation and Development Commission as the
reasonable difference between the cost of the zero-emission vehicle
and the cost of a comparable gasoline or diesel fueled vehicle.
(2) "New zero-emission vehicle" shall include previously leased
vehicles that have been substantially upgraded, as determined by the
state board, with new technologies, including, but not necessarily
limited to, advanced batteries or power electronics.
44262. Grants made pursuant to this chapter shall be distributed
in the following manner, in amounts as determined by the state board:

(a) Up to three thousand dollars ($3,000) of the available grant
funds may be provided for the first 12-month period of the lease or
purchase of the vehicle.
(b) Up to three thousand dollars ($3,000) of the remaining
available grant funds may be provided for the second 12-month period
of the lease or purchase of the vehicle.
(c) Up to three thousand dollars ($3,000) of the remaining
available grant funds may be provided for the third 12-month period
of the lease or purchase of the vehicle.
(d) No grant funds shall be provided following the third 12-month
period of the lease or purchase of the vehicle.
44263. In order to be eligible to receive a grant under this
chapter, a zero-emission vehicle shall meet all of the following
criteria:
(a) Be purchased on or leased on or after October 1, 2000, and on
or before December 31, 2002. For purposes of this subdivision, a
vehicle shall be deemed to be leased on the date upon which the lease
of the vehicle commences.
(b) Be registered with the Department of Motor Vehicles for use in
this state.
(c) Meet all applicable federal and state safety standards, or, if
the vehicle is to be utilized solely for a demonstration program,
have received the applicable waivers from the National Highway
Traffic Safety Administration.
(d) Be capable of operation on a freeway, as determined by the
state board in conjunction with the State Energy Resources
Conservation and Development Commission.
(e) Any other criteria established by the state board.
44265. (a) The grant program described in this chapter may be
administered by a local air management district or air pollution
control district on a voluntary basis, provided that the district
administers the program based upon the guidelines developed by the
state board in conjunction with the State Energy Resources
Conservation and Development Commission pursuant to subdivision (b)
of Section 44264.
(b) Any district that voluntarily administers this grant program
is authorized to provide grants from its own funding sources in an
amount of five hundred dollars ($500) to one thousand dollars
($1,000) or more per year for each qualified zero-emission vehicle
registered within the boundaries of its territorial jurisdiction.
SEC. 2. The sum of eighteen million dollars five hundred thousand
dollars ($18,500,000) is hereby appropriated from the General Fund to
the State Air Resources Board for expenditure as follows:
(a) Eighteen million dollars ($18,000,000), without regard to
fiscal year, to implement Chapter 8.6 (commencing with Section 44260)
of Part 5 of Division 26 of the Health and Safety Code.
(b) Five hundred thousand dollars ($500,000) for grants for fiscal
years 2000-01, 2001-02, and 2002-03 to air pollution control
districts and air quality management districts.
(b) An air pollution control district or air quality management
district that receives a grant under this section shall use these
funds to offset the incremental operating costs of alternative diesel
fuel, as defined in subdivision (d), and as used in heavy-duty
vehicles and equipment. For the purposes of this section, heavy-duty
vehicles and equipment include, all of the following:
(1) On-road motor vehicles with a gross vehicle weight rating
exceeding 14,000 pounds.
(2) Off-road equipment with engines that exceed 50 horsepower.
(3) Marine vessels.
(4) Locomotives.
(5) Stationary agricultural pump engines.
(6) Forklifts.
(7) Airport ground support equipment.
(c) Grants under this section shall be awarded only to air
pollution control districts and air quality management districts that
apply for funds under this section. These grants shall not be used
to fund engine research and development, certification testing,
training, or operational controls.
(d) As used in this section, "alternative diesel fuel" means a
fuel emulsion that, when used in a conventional diesel engine,
reduces oxides of nitrogen emissions by at least 10 percent and
particulate matter emissions by at least 15 percent as compared to
the 10-percent aromatic reference fuel as defined in subdivision (g)
of Section 2282 of Title 13 of the California Code of Regulations.
The emissions characteristics of any alternative diesel fuel shall be
determined by the State Air Resources Board based on data submitted
by the producer of the fuel in accordance with data and testing
protocols specified by the State Air Resources Board. Alternative
diesel fuel shall not increase toxic emissions and shall have
hydrocarbon emissions that are at least 25 percent lower than the
engine exhaust emissions standard.
SEC. 4. 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 Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to achieve early introduction of zero-emission vehicle
technologies for the purposes of meeting federal and state air
quality standards as soon as possible and providing grants for
alternative diesel fuel, it is necessary that this act take effect
immediately.