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AB-2188 Charge Ahead California Initiative: Air Quality Improvement Program: Clean Vehicle Rebate Project.(2019-2020)

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Date Published: 04/30/2020 09:00 PM
AB2188:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2188

Introduced by Assembly Member Calderon

February 11, 2020

An act to amend Section 4000 of 44258.4 of, and to add Section 44274.3 to, the Vehicle Health and Safety Code, relating to vehicles. vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2188, as amended, Calderon. Vehicles: registration. Charge Ahead California Initiative: Air Quality Improvement Program: Clean Vehicle Rebate Project.
Existing law establishes the Charge Ahead California Initiative, administered by the State Air Resources Board. Existing law establishes the Air Quality Improvement Program that is administered by the state 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 use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.
Existing law, as part of the Charge Ahead California Initiative, requires the state board, in the updates to the funding plan for the Air Quality Improvement Program, to forecast the estimated funding needs for various funding programs and projects, including the Clean Vehicle Rebate Project, for the subsequent 2 fiscal years commensurate with meeting the goals of the Charge Ahead California Initiative. Existing law requires the funding plan to be updated at least every 3 years through January 1, 2023.
This bill would require the forecast for the Clean Vehicle Rebate Project to include several items, including, among other things, the total state rebate investment necessary to facilitate reaching the goal of no longer needing the Clean Vehicle Rebate Project to be in effect and recommendations on changes to the project structure and rebate levels. The bill would require the state board to update the forecast at least every 3 years until January 1, 2030.
This bill also would require the state board, for the purposes of the Clean Vehicle Rebate Project, to adopt criteria and other requirements to ensure that rebate levels can be phased down in increments based on cumulative sales levels.

Existing law prohibits a person from driving, moving, or leaving standing upon a highway any motor vehicle, as defined, unless it has been registered, as specified.

This bill would make technical, nonsubstantive changes to those provisions.

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

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


SECTION 1.

 Section 44258.4 of the Health and Safety Code is amended to read:

44258.4.
 (a) Any moneys utilized pursuant to this chapter from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall be consistent with the appropriations processes and criteria established by the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2).
(b) The Charge Ahead California Initiative is hereby established and shall be administered by the state board. The goals of this initiative are to place in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, to establish a self-sustaining California market for zero-emission and near-zero-emission vehicles in which zero-emission and near-zero-emission vehicles are a viable mainstream option for individual vehicle purchasers, businesses, and public fleets, to increase access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles, and to increase the placement of those vehicles in those communities and with those consumers to enhance the air quality, lower greenhouse gases, and promote overall benefits for those communities and consumers.
(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, districts, and the public, shall do all of the following:
(1) (A) Include, commencing with the funding plan for the 2016–17 fiscal year of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9), a funding plan that includes the immediate fiscal year and a forecast of estimated funding needs for the subsequent two fiscal years commensurate with meeting the goals of this chapter. Funding needs may be described as a range that identifies the projected high and low funding levels needed for the two-year forecast period to contribute to technology advancement, market readiness, and consumer acceptance of zero- and near-zero-emission vehicle technologies. The funding plan shall include a market and technology assessment for each funded zero- and near-zero-emission vehicle technology to inform the appropriate funding level, incentive type, and incentive amount. The forecast shall include an assessment of when a self-sustaining market is expected and how existing incentives may be modified to recognize expected changes in future market conditions.
(B) Projects included in the forecast may shall include, but are not limited to, any of the following:
(i) The Clean Vehicle Rebate Project, established pursuant to Section 44274. The forecast for the Clean Vehicle Rebate Project shall include all of the following:
(I) Total state rebate investment necessary to facilitate reaching the goal of no longer needing to be in effect.
(II) Models of the impacts of various rebate scenarios’ ability to maximize the effectiveness of the rebates provided based on relevant data.
(III) Recommendations for changes for the Clean Vehicle Rebate Project’s structure and various rebate levels based on market demand, including the Clean Vehicle Rebate Project’s income eligibility requirements to target moderate- and low-income customers.
(IV) Projected sales figures of electric vehicles.
(V) Impacts of federal policy changes on the adoption of electric vehicles.
(VI) Sales price difference between electric vehicles and nonelectric vehicles.
(VII) Assessment of the marketing efforts for electric vehicles by automobile manufacturers.
(VIII) Survey results of consumer awareness and the acceptance of electric vehicles and awareness of the benefits associated with zero-emission vehicles. The survey questions and methodology shall be substantially similar for each report to allow for a long-term trend analysis.
(C) Projects included in the forecast may include, but are not limited to, any of the following:

(ii)

(i) Light-duty zero-emission and near-zero-emission vehicle deployment projects eligible under the Alternative and Renewable Fuel and Vehicle Technology Program, established pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9.

(iii)

(ii) Programs adopted pursuant to paragraph (4). (3).
(2) Update the plan required pursuant to paragraph (1) at least every three years through January 1, 2023. 2030.

(3)No later than June 30, 2015, adopt revisions to the criteria and other requirements for the Clean Vehicle Rebate Project, established pursuant to Section 44274, to ensure the following:

(A)Rebate levels can be phased down in increments based on cumulative sales levels as determined by the state board.

(B)Eligibility is limited based on income.

(C)Consideration of the conversion to prequalification and point-of-sale rebates or other methods to increase participation rates.

(4)

(3) (A) Establish programs that further increase access to and direct benefits for disadvantaged, low-income, and moderate-income communities and consumers from electric transportation, including, but not limited to, any of the following:
(i) 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.
(ii) Car sharing programs that serve disadvantaged communities and utilize zero-emission and near-zero-emission vehicles.
(iii) Deployment of charging infrastructure in multiunit dwellings in disadvantaged communities to remove barriers to zero-emission and near-zero-emission vehicle adoption by those who do not live in detached homes. This clause does not preclude the Public Utilities Commission from acting within the scope of its jurisdiction.
(iv) Additional incentives for zero-emission, near-zero-emission, or high-efficiency replacement vehicles or a mobility option available to participants in the enhanced fleet modernization program, established pursuant to Article 11 (commencing with Section 44124) of Chapter 5.
(B) Programs implemented pursuant to this paragraph shall provide adequate outreach to disadvantaged, low-income, and moderate-income communities and consumers, including partnering with community-based organizations.

(5)

(4) (A) Require agricultural vanpool programs, including, but not limited to, the agricultural worker vanpools pilot project implemented by the state board pursuant to this chapter, to serve disadvantaged communities, as defined in identified pursuant to Section 39711, and low-income communities, as defined in Section 39713, and allocate a minimum of 25 percent of the moneys appropriated by the Legislature for agricultural vanpool programs to those programs servicing low-income communities.
(B) For the purposes of this paragraph, hybrid vehicle technology shall remain an eligible vehicle technology until the state board determines that a more cost-effective and cleaner alternative becomes commercially available.

SEC. 2.

 Section 44274.3 is added to the Health and Safety Code, to read:

44274.3.
 For the Clean Vehicle Rebate Project, established pursuant to Section 44274, the state board shall adopt criteria and other requirements to ensure that rebate levels can be phased down in increments based on cumulative sales levels, as determined by the state board.

SECTION 1.Section 4000 of the Vehicle Code is amended to read:
4000.

(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, a motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.

(2)For purposes of this subdivision, “offstreet public parking facility” means either of the following:

(A)A publicly owned parking facility.

(B)A privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.

(3)This subdivision does not apply to a motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.

(b)A person shall not drive, move, or leave standing upon a highway a motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.

(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.

(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.

(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.

(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.

(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (o) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to the repossessor’s storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.

(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorney’s fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.

(h)For purposes of this section, possession of a California driver’s license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.