Today's Law As Amended


PDF |Add To My Favorites |Track Bill | print page

AB-1218 Motor vehicle greenhouse gas emissions standards: civil penalty: Equitable Access to Zero-Emissions Vehicles Fund.(2021-2022)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) Reducing emissions from vehicles is critical to the state achieving its air quality mandates and goals as well as its climate goals. Mobile sources, inclusive of all light-, medium-, and heavy-duty vehicles along with other nonroad vehicles, are the largest contributors to the formation of ozone, greenhouse gas emissions, fine particulate matter, and toxic diesel particulate matter. In California, they are responsible for approximately 80 percent of smog-forming nitrogen oxide (NOx) emissions.
(2) Reducing emissions from light-duty vehicles has tangible impacts on public health, especially for those communities living near major roadways.
(3) The availability of zero-emission vehicles (ZEV) has dramatically increased in the past several years, and sales of ZEVs in California lead the nation; however, the state still needs a tenfold increase in the number of ZEVs on California’s roads to meet the goal of 5,000,000 ZEVs on the road by 2030 and 100 percent sales of new vehicles by 2035.
(4) Every purchase of a new internal combustion vehicle represents approximately 81 kilograms of future carbon dioxide emissions assuming it is driven 200,000 miles over its lifetime with an average of 404 grams per mile. Therefore, sales of vehicles with relatively high greenhouse gas emissions now will impede the climate and air pollution benefits of buying the alternative with zero tailpipe emissions.
(5) These emissions also have a disproportionate effect on communities of color. African Americans are almost three times more likely to die from asthma compared to the general population. Latinx children in the United States are twice as likely to die from asthma attacks, and research has shown that communities of color in California experience higher cancer risk from toxic air contaminants.
(b) It is the intent of the Legislature that any moneys collected as penalties for violations of this act be appropriated in the annual Budget Act for the purpose of improving access to ZEV purchases for all Californians.

SEC. 2.

 Article 3 (commencing with Section 43300) is added to Chapter 2 of Part 5 of Division 26 of the Health and Safety Code, to read:

Article  3. Greenhouse Gas Emissions Standards
43300.
 It is the goal of the state that 100 percent of new passenger vehicle and light-duty truck sales are zero-emission vehicles by 2035 to help achieve the state’s climate and air quality goals and mandates. To ensure strong interim progress is made toward achieving this goal, it is the intent of the Legislature to require manufacturers of those vehicles to comply with the requirements of this article.
43302.
 (a) No later than July 1, 2022, the state board shall determine what the average greenhouse gas emissions per mile was for all new passenger vehicles sold in the state in the 2020 calendar year and for all new light-duty trucks sold in the state in the 2020 calendar year. The average greenhouse gas emissions per mile determined pursuant to this subdivision for each vehicle class shall serve as the baseline for that vehicle class in subdivision (b).
(b) Total new passenger vehicles sold by a manufacturer of those vehicles in the state in a calendar year and total new light-duty trucks sold by a manufacturer in the state in a calendar year shall, on average, meet the following greenhouse gas emissions per mile standards:
(1) In each of the 2023 to 2025, inclusive, calendar years, 10 percent lower than the applicable baseline established pursuant to subdivision (a).
(2) In each of the 2026 to 2029, inclusive, calendar years, 30 percent lower than the applicable baseline established pursuant to subdivision (a).
(3) In each of the 2030 to 2034, inclusive, calendar years, 60 percent lower than the applicable baseline established pursuant to subdivision (a).
43304.
 (a) A violation of Section 43302 is subject to a civil penalty, which shall be collected administratively by the state board.
(b) The state board shall determine the amount of the administrative civil penalty described in subdivision (a) based on the number of vehicles that the manufacturer sold in the state in the applicable calendar year and on the degree to which the manufacturer exceeded the applicable allowable greenhouse gas emissions standard.
43306.
 The state board shall deposit any revenues collected from the administrative civil penalty assessed pursuant to Section 43304 into the Equitable Access to Zero-Emission Vehicles Fund established pursuant to Section 44257.5.
43308.
 Notwithstanding any other law, a violation of this article is not a crime.

SEC. 3.

 Chapter 8.3 (commencing with Section 44257.5) is added to Part 5 of Division 26 of the Health and Safety Code, to read:

CHAPTER  8.3. Equitable Access to Zero-Emission Vehicles Fund
44257.5.
 (a) The Equitable Access to Zero-Emission Vehicles Fund is hereby established in the State Treasury.
(b) All moneys deposited in the fund shall be available, upon appropriation by the Legislature, to provide funding for any of the following:
(1) The state board’s incentive programs in existence on or before January 1, 2022, aimed at improving access to clean transportation alternatives for low-income and disadvantaged communities, including, but not limited to, the Clean Cars 4 All Program established pursuant Section 44124.5.
(2) The program established pursuant to Section 44257.6.
(3) Financial incentives to the dealership that completes the sale of a zero-emission vehicle under the programs described in paragraph (1) or (2).
(c) For purposes of this chapter, “fund” means the Equitable Access to Zero-Emission Vehicles Fund.
44257.6.
 (a) No later than July 1, 2022, and upon appropriation by the Legislature, the state board shall establish a program to offer rebates for the purchase of zero-emission vehicles and other vehicles, as specified in paragraph (3) of subdivision (b), from moneys made available from the fund.
(b) As part of the program, the state board shall do all of the following:
(1) Allow consumers to receive a rebate for the purchase of qualifying new and used vehicles at the time of sale. No more than 25 percent of total moneys appropriated by the Legislature for the program shall be apportioned to used vehicle rebates.
(2) Restrict the availability of incentives for vehicles based on the manufacturer’s suggested retail price.
(3) Consider offering incentives to vehicles with low greenhouse gas tailpipe emissions and that are of a vehicle type and weight in which there are no zero-emission vehicles available in the current model year. Incentives shall not be offered on any vehicle model pursuant to this paragraph for more than three model years.
44257.7.
 (a) On or before December 31, 2024, and every two years thereafter, the state board shall submit a report to the Legislature describing any rebates or other incentives provided by moneys made available from the fund, recommendations to improve the equitable distribution of the fund, and recommendations to make any changes to this chapter to better complement the Clean Cars 4 All Program. The report shall include information regarding the vehicle classes purchased using a rebate, income brackets of persons receiving a rebate, and the geographical area where rebates were received.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.