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AB-302 South Coast Air Quality Management District: fleets.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB302:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 302


Introduced by Assembly Member Gipson

February 06, 2017


An act to add Section 40006 to amend Section 40447.5 of the Health and Safety Code, and to add and repeal Section 9108 of the Vehicle Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 302, as amended, Gipson. Vehicular air pollution: incentives. South Coast Air Quality Management District: fleets.
Existing law authorizes the governing board of the South Coast Air Quality Management District to adopt rules and regulations that require specified operators of public and commercial fleet vehicles consisting of 15 or more vehicles, when adding vehicles or replacing vehicles in an existing fleet or forming a new fleet, to purchase vehicles that are capable of operating on methanol or other equivalently clean-burning alternative fuel and that require these vehicles to be operated, to the maximum extent feasible, on the alternative fuel when operating in the south coast district.
This bill instead would authorize the governing board of the south coast district to adopt rules and regulations that require specified operators of public and commercial fleet vehicles consisting of 1 or more vehicles to purchase zero-emission and near-zero-emission vehicles, as defined, and that require those zero-emission and near-zero-emission vehicles to be operated, to the maximum extent feasible, in the south coast district.
This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district.

(1)Existing law establishes the Carl Moyer Memorial Air Quality Standards Attainment Program, which is administered by the State Air Resources Board. The program authorizes the state board to provide grants to offset the incremental cost of eligible projects that reduce emissions from covered vehicular sources. The program requires the state board and participating air pollution control and air quality management districts to institute an outreach program to inform fleet owners, among others, of the availability of grants under the program and of the requirements and objectives of the grant program.

This bill would require air districts to notify in writing the operators of public and commercial motor vehicle fleets of incentive programs available for motor vehicle fleets and to post on the districts’ Internet Web sites information on incentive programs available for motor vehicle fleets. By adding to the duties of air districts, this bill would impose a state-mandated local program.

(2)Existing law exempts certain vehicles owned by the United States, any state or its political subdivision, or any municipality in this state from fees specified in the Vehicle Code, except for fees for duplicate plates, certificates, or cards.

This bill, until January 1, 2031, would additionally exempt from those specified fees a medium-duty or heavy-duty vehicle that the state board has certified as meeting or exceeding a specified emission standard.

(3)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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 40447.5 of the Health and Safety Code is amended to read:

40447.5.
 Notwithstanding (a) For purposes of this section, “zero-emission and near-zero-emission” means a vehicle, fuel, and related technology that substantially reduces emissions of oxides of nitrogen by 90 percent or greater when compared with engines certified at the 2010 model year baseline emission standard for oxides of nitrogen, as established by the state board. “Zero-emission and near-zero-emission” may include, but need not be limited to, zero-emission technology, enabling technologies that provide a pathway to emissions reductions, advanced or alternative fuel engines for long-haul trucks, and hybrid or alternative fuel technologies for trucks and offroad equipment.
(b) Notwithstanding any other provision of law, the south coast district board may adopt rules or regulations that do all of the following:

(a)

(1) Require operators of public and commercial fleet vehicles, consisting of 15 one or more vehicles under a single owner or lessee and operating substantially in the south coast district, when adding vehicles to or replacing vehicles in an existing fleet or purchasing vehicles to form a new fleet, to purchase vehicles which are capable of operating on methanol or other equivalently clean burning alternative fuel and to require district to purchase zero-emission or near-zero-emission vehicles and
require that these vehicles be operated, to the maximum extent feasible, on the alternative fuel when operating in the south coast district. Notwithstanding Section 39021, as used in this subdivision, the term “commercial fleet vehicles” is not limited to vehicles that are operated for hire, compensation, or profit. No A rule or regulation adopted pursuant to this paragraph shall not apply to emergency vehicles operated by local law enforcement agencies, fire departments, agencies or fire departments or to paramedic and rescue vehicles until the south coast district board finds and determines that the alternative fuel is available at sufficient locations so that zero-emission or near-zero-emission vehicles will not impair the emergency response capabilities of those vehicles is not impaired. vehicles.

(b)

(2) Encourage and facilitate ridesharing for commuter trips into, out of, and within the south coast district.

(c)

(3) Prohibit or restrict the operation of heavy-duty trucks during the hours of the heaviest commuter traffic on freeways and other high traffic volume high-traffic-volume highways. In adopting rules and regulations pursuant to this paragraph, the south coast district shall consult with the Department of Transportation and Transportation, the Department of the California Highway Patrol Patrol, and the transportation commission of each county in the south coast district. No A rule or regulation adopted pursuant to this paragraph shall, however, paragraph, however, shall not prohibit or restrict the operation of any heavy-duty truck engaged in the hauling of solid or hazardous waste or a toxic substance if that truck is required to be operated at certain times of the day pursuant to an ordinance adopted for the protection of public health or safety by a city or county or any heavy-duty truck required to be operated at certain times of the day pursuant Section 25633 of the Business and Professions Code.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the South Coast Air Basin, which is designated as federal extreme nonattainment for ozone.
SECTION 1.Section 40006 is added to the Health and Safety Code, to read:
40006.

Districts shall do both of the following:

(a)Notify in writing the operators of public and commercial motor vehicle fleets of incentive programs available for motor vehicle fleets.

(b)Post in a clear and concise manner on their Internet Web sites information on incentive programs available for motor vehicle fleets.

SEC. 2.Section 9108 is added to the Vehicle Code, to read:
9108.

(a)Fees specified in this code, except fees for duplicate plates, certificates, or cards, are not required to be paid for a medium-duty or heavy-duty vehicle that the State Air Resources Board has certified as meeting or exceeding the optional 0.02 grams per brake horsepower hour emission standard.

(b)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.