Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

SB-1387 California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project: vehicle eligibility: schoolbus grant requirements.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 06/10/2024 09:00 PM
SB1387:v96#DOCUMENT

Amended  IN  Assembly  June 10, 2024
Amended  IN  Senate  April 25, 2024
Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1387

Introduced by Senator Newman

February 16, 2024

An act to add Chapter 5.8 (commencing with Section 44180) to Part 5 of Division 26 of the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 1387, as amended, Newman. California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project: vehicle eligibility. eligibility: schoolbus grant requirements.
Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The state board, in this capacity, administers the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project under which the agency issues a limited number of vouchers to incentivize the purchase and use of zero-emission commercial vehicles.
This bill would require the state board to authorize a voucher issued under the program to be used for the acquisition of any zero-emission vehicle that meets specified requirements, including that the vehicle has a gross vehicle weight rating that exceeds 8,500 pounds and the vehicle is purchased for fleet operations by a public or private fleet or for personal and commercial use by an individual. If the voucher is provided to an individual to acquire a vehicle for personal and commercial use, the bill would require that individual to attest under penalty of perjury that the vehicle will primarily be used in furtherance of a valid commercial or business purpose, including, but not limited to, hauling or towing. The bill would authorize the state board to adopt regulations to implement these requirements.
By requiring this attestation under the penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.
This bill would require the state board to administer any funds made available to the project specifically for the procurement of zero-emission schoolbuses in accordance with specified requirements. Among other requirements, the bill would require the state board to make this funding available to local educational agencies in the form of grants and would require the state board to authorize local educational agencies to apply to the state board for capital grants to support the purchase of zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses or operations grants to support the incremental cost of zero-emission schoolbus service provided to a local educational agency by a private contractor, as specified. The bill would require grantees to submit certain information and documentation resulting from the grant to the state board and would require the state board to track the success of grants awarded for these purposes by taking specified actions.
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 5.8 (commencing with Section 44180) is added to Part 5 of Division 26 of the Health and Safety Code, to read:
CHAPTER  5.8. California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project

44180.
 (a) Under the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, the state board shall authorize a voucher issued under the program to be used for the acquisition of any zero-emission vehicle that meets all of the following requirements:
(1) The vehicle has a gross vehicle weight rating that exceeds 8,500 pounds.
(2) The vehicle is not a house car, as defined in Section 362 of the Vehicle Code.
(3) The vehicle meets either of the following requirements:
(A) The vehicle is purchased for fleet operations by a public or private fleet owning one or more medium- and heavy-duty vehicles.
(B) The vehicle is purchased by an individual for both personal and commercial use.
(b) A voucher shall only be available for the purpose set forth in subparagraph (B) of paragraph (3) of subdivision (a) if the individual receiving the voucher attests to the state board under the penalty of perjury that the vehicle will primarily be used in furtherance of a valid commercial or business purpose, including, but not limited to, hauling or towing.

(c)The state board may adopt regulations to implement this chapter.

44181.
 (a) Under the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, the state board shall administer any funds made available to the project specifically for the procurement of zero-emission schoolbuses in accordance with the requirements of this section.
(b) (1) Of the funds awarded in each year for purposes described in subdivision (a), the state board shall award 50 percent of the funds to local educational agencies described in subparagraph (A) of paragraph (1) of subdivision (h) and the other 50 percent of the funds to local educational agencies described in subparagraphs (B) to (D), inclusive, of paragraph (1) of subdivision (h).
(2) If any funds have not been awarded in either of the categories described in paragraph (1) after the end of the fiscal year, the state board shall allow the funds remaining for that fiscal year to be awarded to any type of local educational agency.
(c) The state board shall make the funding described in subdivision (a) available to local educational agencies in the form of grants and shall authorize local educational agencies to apply to the state board for either of the following types of grants:
(1) Capital grants to support up to the full purchase cost of zero-emission schoolbuses used by a local educational agency to replace heavy-duty internal combustion schoolbuses used by the local educational agency.
(2) Operations grants to support the incremental cost of zero-emission schoolbus service provided to a local educational agency by a private contractor when compared to schoolbus service provided to a local educational agency by a private contractor using an internal combustion schoolbus powered by nonrenewable fuel.
(d) (1) The state board shall require that no less than 90 percent of a capital grant award to be expended for the purchase of zero-emission schoolbuses, as well as the supporting charging infrastructure needed to operate the zero-emission schoolbuses and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades.
(2) The state board shall authorize up to 10 percent of a capital grant or operations grant award to be expended to incorporate or supplement funding for the grantee’s school transportation program.
(3) The state board may only award a capital grant pursuant to paragraph (1) if the heavy-duty internal combustion schoolbus to be replaced meets all of the following criteria:
(A) The schoolbus is powered by nonrenewable fuel and is of a model year that is seven years or older on the date that the application is submitted.
(B) The schoolbus is fully operational on the date that the application is submitted.
(C) The schoolbus was used to provide bus service to a local educational agency within the state for at least three days per week on average during the 2022–23 school year, excluding any COVID-19-related or disaster-related school closures.
(e) Any schoolbuses that are replaced in connection with a grant awarded pursuant to this section shall be scrapped no later than 24 months from date of delivery of the replacement vehicles. Grantees shall provide to the state board proof of scrap of the retired internal combustion schoolbus or schoolbuses.
(f) The grant agreement related to the grant award shall require grantees to submit schoolbus and infrastructure information and documentation, as applicable, resulting from the grants provided in this section to the state board.
(g) The state board shall track the success of the grants awarded pursuant to this section, including, but not limited to, by doing both of the following:
(1) Documenting increases in zero-emission schoolbuses deployed per incentive dollars spent.
(2) Documenting the number of local educational agencies that receive a grant pursuant to this section that have electrification deployments planned for 25 percent of their fleet or greater.
(h) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means any of the following:
(A) A school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code, with ownership of title for a schoolbus or schoolbuses.
(B) A school district or charter school, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code, that contracts with a county office of education or private contractor for the maintenance and operation of its schoolbuses.
(C) A county office of education that contracts with a private contractor for maintenance and operation of its schoolbuses.
(D) A joint powers authority currently operating home-to-school transportation programs on behalf of school districts, county offices of education, or charter schools, excluding charter schools classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code.
(2) “Private contractor” means an entity that sells, leases, finances, or otherwise provides zero-emission schoolbuses, charging or fueling equipment for zero-emission schoolbuses, or related services to a local educational agency.

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.