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AB-193 Zero-Emission Assurance Project.(2017-2018)

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Date Published: 08/08/2018 09:00 PM
AB193:v93#DOCUMENT

Amended  IN  Senate  August 08, 2018
Amended  IN  Senate  July 05, 2018
Amended  IN  Senate  September 08, 2017
Amended  IN  Senate  June 29, 2017
Amended  IN  Senate  June 19, 2017
Amended  IN  Assembly  May 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 193


Introduced by Assembly Members Cervantes and Calderon
(Coauthor: Assembly Member Ting)

January 19, 2017


An act to add and repeal Section 44274.9 to of the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 193, as amended, Cervantes. Electric Vehicle Consumer Battery and Fuel Cell Zero-Emission Assurance Project.
Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.

The California Global Warming Solutions Act of 2006 designates the state board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.

This bill would require the state board board, until July 31, 2025, to establish the Electric Vehicle Consumer Battery and Fuel Cell Zero-Emission Assurance Project to provide rebates either for the replacement of or a vehicle service contract, as defined, for a battery, fuel cell, or related components for an eligible used vehicle or for a vehicle service contract to cover unexpected vehicle repairs not covered by the manufacturer’s warranty related to unique problems in eligible used vehicles, as specified. The bill would authorize moneys, upon appropriation, from the Greenhouse Gas Reduction Fund to be allocated by the state board for the Electric Vehicle Consumer Battery and Fuel Cell Assurance Project. vehicle. The bill would require the state board to submit a specified report on the Zero-Emission Assurance Project to the Legislature no later than January 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44274.9 is added to the Health and Safety Code, to read:

44274.9.
 (a) For purposes of this section, the following terms mean the following:
(1) “Eligible used vehicle” means a plug-in hybrid or zero-emission vehicle, including, but not limited to, a battery electric vehicle and a fuel-cell electric vehicle. zero- or near-zero emission vehicle, as those terms are defined in Section 44258, and may include, but need not be limited to, any of the following:
(A) A battery electric vehicle.
(B) A fuel cell vehicle.
(C) A plug-in hybrid vehicle.

(2)“Low income” means a household with a household income at or below 80 percent of the statewide median income or with a household income at or below the threshold designated as low income by the Department of Housing and Community Development on its list of state income limits adopted pursuant to Section 50093.

(3)

(2) “Used vehicle” has the same meaning as set forth in Section 665 of the Vehicle Code.

(4)

(3) “Vehicle service contract” has the same meaning as set forth in Section 12800 of the Insurance Code.
(b) No later than July 1, 2019, the The state board shall establish the Electric Vehicle Consumer Battery and Fuel Cell Zero-Emission Assurance Project, Project (ZAP) by allocating moneys, available upon appropriation from the Legislature, from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, Legislature in the annual Budget Act or other statute, to provide an applicant with either of the following: a rebate for the replacement of a battery, fuel cell, or related components for an eligible used vehicle; for a vehicle service contract for the battery, fuel cell, or related components; or for all of these.

(1)A rebate for the replacement of a battery, fuel cell, or related components for an eligible used vehicle, for a vehicle service contract for the battery, fuel cell, or related components, or for all of these.

(2)A rebate for a vehicle service contract to cover unexpected vehicle repairs not covered by the manufacturer’s warranty related to unique problems in eligible used vehicles.

(c) A rebate issued pursuant to this section the Zero-Emission Assurance Project shall be limited to one per vehicle.

(d)An applicant who applies for a rebate available pursuant to subdivision (b) shall be low income.

(d) The state board shall establish minimum eligibility criteria for an applicant to be eligible for a rebate pursuant to the Zero-Emission Assurance Project based on the both of the following:
(1) The relevant vehicle performance criteria, including, but not limited to, all of the following:
(A) Decreased battery storage capacity.
(B) Decreased vehicle range.
(C) Decreased fuel cell power output.
(2) An eligible applicant has an annual household income that is at or below 80 percent of the statewide median income or has a median household income at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.
(e) The state board shall coordinate the Electric Vehicle Consumer Battery and Fuel Cell Zero-Emission Assurance Project with the Clean Vehicle Rebate Project, established as part of the Air Quality Improvement Program established pursuant to this article, the enhanced fleet modernization program, established pursuant to Article 11 (commencing with Section 44125) of Chapter 5, and the Charge Ahead California Initiative, established pursuant to Chapter 8.5 (commencing with Section 44258), including, but not limited to, all of the following:

(1)Coordinating eligibility pursuant to this section with eligibility for the enhanced fleet modernization program.

(2)

(1) Ensuring appropriate outreach and targeting to low- and moderate-income households in an effort to encourage participation.

(3)

(2) Expanding financing mechanisms, including, but not limited to, a loan or loan-loss reserve credit enhancement program to increase consumer access to zero-emission and near-zero-emission vehicle financing and leasing options that can help lower expenditures on transportation and prequalification or point-of-sale rebates or other methods to increase participation rates among low- and moderate-income consumers.
(f) In implementing this section, the state board shall collaborate with other state departments and agencies to enforce safeguards against fraudulent activity by sellers and acquirers of eligible used vehicles that are in accordance with other state laws.
(g) (1) No later than January 1, 2024, the state board shall submit a report to the Legislature that includes, but is not limited to, all of the following:
(A) The number of rebates issued pursuant to the Zero-Emission Assurance Project.
(B) The total cost to administer the Zero-Emission Assurance Project.
(C) A quantitative analysis of the Zero-Emission Assurance Project’s emissions benefits.
(D) A quantitative analysis of the impacts of the Zero-Emission Assurance Project on low-income consumer buyer decisions in the zero- and near-zero emission vehicle markets.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(h) The implementation of this section is contingent on an appropriation of moneys for those purposes in the annual Budget Act or other statute.
(i) This section shall become inoperative on July 31, 2025, and, as of January 1, 2026, is repealed.