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AB-1267 Zero-emission vehicle incentive programs: gasoline superusers.(2023-2024)

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Date Published: 03/16/2023 09:00 PM
AB1267:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1267

Introduced by Assembly Member Ting

February 16, 2023

An act to add Chapter 4.5 (commencing with Section 43880) to Part 5 of Division 26 of the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1267, as amended, Ting. Zero-emission vehicle incentive programs: diesel and gasoline superusers.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law establishes various incentive programs that are administered or funded by the state board to provide financial assistance for the purchase of zero-emission vehicles by individuals, including, among others, the Clean Cars 4 All Program.
This bill would require the state board, upon appropriation by the Legislature, to ensure that beginning January 1, 2025, an additional incentive incentive, to be known as a “superuser incentive,” is awarded under a zero-emission vehicle incentive program that is administered or funded by the state board to a recipient of an incentive under one of those programs who is a gasoline or diesel superuser, as defined. gasoline superuser, as defined, who otherwise qualifies for an incentive under the zero-emission vehicle incentive program. The bill would require the state board to set the amount of the superuser incentive at a level that maximizes the displacement of gasoline or diesel and the reduction of emissions of criteria pollutants and greenhouse gases per dollar spent. The bill would require specified information to be provided by an applicant for the additional incentive under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would require the state board, on or before January 1, 2025, to develop and implement a strategy to, among other things, identify the drivers who use the most gasoline or diesel are gasoline superusers and are low or moderate income and expedite the replacement of the vehicles of those drivers, as specified. The bill would require the state board to submit a report to the Legislature on or before January 1, 2025, and every 2 years thereafter, regarding the zero-emission vehicle incentive programs administered or funded by the state board.
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: YES   Local Program: YES  

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


SECTION 1.

 Chapter 4.5 (commencing with Section 43880) is added to Part 5 of Division 26 of the Health and Safety Code, to read:
CHAPTER  4.5. ZEV Incentives For Diesel and Gasoline Superusers

43880.
 For purposes of this chapter, the following definitions apply:

(a)“Diesel superuser” means a person who consumes an amount of diesel in excess of a threshold established by the state board in the operation of an internal combustion engine vehicle registered to that person. The state board shall establish the threshold in a manner that maximizes the displacement of diesel and the reduction of emissions criteria pollutants per dollar spent for an incentive awarded pursuant to Section 43882.

(b)

(a) “Gasoline superuser” means a person who consumes an amount of gasoline in excess of a threshold established by the state board in the operation of an internal combustion engine vehicle registered to that person. The state board shall establish the threshold in a manner that maximizes the displacement of gasoline and gasoline, the reduction of emissions of criteria pollutants and greenhouse gases per dollar spent for an incentive spent, and the turnover of older vehicles, resulting from incentives awarded pursuant to Section 43882. The state board shall consider establishing that threshold at an average annual amount of 700 gallons in a calendar year.

(c)

(b) “Zero-emission vehicle incentive program” or “ZEV incentive program” means a program that provides incentives to an individual for the purchase of a light-duty zero-emission vehicle and that receives funding from, or is administered by, the state board. A ZEV incentive program includes, but is not limited to, all of the following programs:
(1) The Clean Cars 4 All Program established pursuant Section 44124.5.
(2) The Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9).
(3) The Clean Vehicle Assistance Program established as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9).

43881.
 (a) On or before January 1, 2025, the state board shall develop and implement a strategy for doing all of the following:
(1) Identifying the drivers who use the most gasoline or diesel are gasoline superusers and are low income or moderate income.
(2) Expediting the replacement of gasoline- or diesel-powered gasoline-powered vehicles of drivers identified pursuant to paragraph (1) with zero-emission vehicles.
(3) Identifying barriers that prevent gasoline or diesel superusers from accessing ZEV incentive programs and adopting zero-emission vehicles.
(4)  Developing ZEV outreach protocols and metrics to assess to target gasoline superusers and prioritize those superusers who are low income or moderate income and measure the success of outreach to gasoline and diesel superusers across in each district in the state.
(b) In advertising the availability of ZEV incentive programs to gasoline and diesel superusers, the state board shall consider coordinating with districts and local nonprofit and community organizations, prioritizing those organizations that have a strong and ongoing local presence in areas within the applicable district.

43882.
 (a) The state board shall, upon appropriation by the Legislature, ensure that beginning January 1, 2025, an additional incentive incentive, to be known as the “superuser incentive,” is awarded under a ZEV incentive program to a recipient of an incentive of one of those programs who is a gasoline or diesel superuser. gasoline superuser who otherwise qualifies for an incentive under the ZEV incentive program.
(b) The state board shall set the amount of the superuser incentive at a level that maximizes the displacement of gasoline or diesel and the reduction of emissions of criteria pollutants and greenhouse gases per dollar spent.
(c) The state board shall require an applicant to provide the vehicle identification number and an number, the odometer reading from the applicant’s vehicle registration, and the current odometer reading from the applicant’s vehicle under penalty of perjury to verify whether the applicant qualifies as a diesel or gasoline superuser.

43883.
 (a) Notwithstanding Section 10231.5 of the Government Code, the state board shall report to the Legislature no later than January 1, 2025, and biennially thereafter, all of the following information:
(1) The actual gasoline or diesel emissions reduced per dollar spent on ZEV incentive programs.
(2) The impacts of ZEV incentive program spending in terms of quantifiable carbon emissions reductions and transportation savings among low- to moderate-income individuals.
(3) The changes in annual gasoline and diesel use at local levels by census tract or ZIP Code.
(b) A report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.