Today's Law As Amended

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AB-327 South Coast Air Quality Management District: fleets.(2017-2018)



SECTION 1.

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

40447.5.

Notwithstanding

40447.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Cleanest commercially available vehicle” means a vehicle operated with a fuel or technology that substantially reduces emissions of oxides of nitrogen and is technically feasible, as defined by the south coast district board.
(2) “Commercial fleet vehicle,” is not limited to a vehicle that is operated for hire, compensation, or profit, and is limited to a vehicle that is under contract or exclusive franchise to a state, regional, or local agency that is any of the following:
(A) Light- and medium-duty vehicles.
(B) Vehicles used to provide any of the following:
(i) Passenger bus transportation.
(ii) Solid waste collection.
(iii) Passenger transportation to and from commercial airports.
(iv) Schoolbuses.
(v) Sweeping services.
(C) Vehicles in a fleet that is carrying out functions that were previously provided by fleets that were owned by a state, regional, or local agency on January 1, 2018, and that is subsequently under contract or exclusive franchise after that date.
(3) “Medium-duty vehicle” means a vehicle with a gross vehicle weight rating of more than 6,000 pounds and less than 14,000 pounds.
(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 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  district to purchase the cleanest commercially available vehicles that will meet the operator’s operational needs and require the replacement of no more than 15 percent of existing vehicles per calendar year with due consideration given to a vehicle’s useful life. The south coast district may  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,  agencies or  fire departments, 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  cleanest commercially available 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.