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AB-193 Electric Vehicle Consumer Battery and Fuel Cell Assurance Project.(2017-2018)

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Date Published: 07/05/2018 09:00 PM
AB193:v94#DOCUMENT

Amended  IN  Senate  July 05, 2018
Amended  IN  Senate  September 08, 2017
Amended  IN  Senate  June 29, 2017
Amended  IN  Senate  June 19, 2017
Amended  IN  Assembly  May 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 193


Introduced by Assembly Members Cervantes and Calderon
(Coauthor: Assembly Member Ting)

January 19, 2017


An act to add Section 44274.9 to the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 193, as amended, Cervantes. Air Quality Improvement Program: Clean Reused Vehicle Rebate Project. Electric Vehicle Consumer Battery and Fuel Cell Assurance Project.
Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources 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 production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.
The California Global Warming Solutions Act of 2006 designates the state board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.
This bill would require the state board to establish the Clean Reused Vehicle Rebate Project, as a part of the Air Quality Improvement Program, Electric Vehicle Consumer Battery and Fuel Cell Assurance Project to provide rebates either for the acquisition of an eligible used vehicle, as defined; the replacement or refurbishment of an electric vehicle battery and or a vehicle service contract, as defined, for a battery, fuel cell, or related components for an eligible used vehicle or a vehicle service contract, as defined, for the battery or related components; or a or for a vehicle service contract to cover unexpected vehicle repairs not covered by the manufacturer’s warranty related to unique problems in eligible used vehicles, as specified. The bill would make the implementation of the Clean Reused Vehicle Rebate Project contingent upon an appropriation of moneys for those purposes in the annual Budget Act or another statute. authorize moneys, upon appropriation, from the Greenhouse Gas Reduction Fund to be allocated by the state board for the Electric Vehicle Consumer Battery and Fuel Cell Assurance Project.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44274.9 is added to the Health and Safety Code, to read:

44274.9.
 (a) For purposes of this section, the following terms mean the following:

(1)“Eligible used vehicle” only includes the same categories of vehicles that are eligible for a rebate under the Clean Vehicle Rebate Project.

(1) “Eligible used vehicle” means a plug-in hybrid or zero-emission vehicle, including, but not limited to, a battery electric vehicle and a fuel-cell electric vehicle.
(2) “Low income” means a household with a household income at or below 80 percent of the statewide median income or with a household income at or below the threshold designated as low income by the Department of Housing and Community Development on its list of state income limits adopted pursuant to Section 50093.

(2)

(3) “Used vehicle” has the same meaning as set forth in Section 665 of the Vehicle Code.

(3)

(4) “Vehicle service contract” has the same meaning as set forth in Section 12800 of the Insurance Code.

(b)No later than July 1, 2019, the state board shall establish, as a part of the Air Quality Improvement Program, the Clean Reused Vehicle Rebate Project to provide an applicant with any of the following:

(b) No later than July 1, 2019, the state board shall establish the Electric Vehicle Consumer Battery and Fuel Cell Assurance Project, by allocating moneys, available upon appropriation from the Legislature, from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to provide an applicant with either of the following:

(1)A rebate with a value of up to one thousand eight hundred dollars ($1,800) for the acquisition of an eligible used vehicle from a licensed dealer.

(2)

(1) A rebate for the replacement or refurbishment of an electric vehicle battery and a battery, fuel cell, or related components for an eligible used vehicle, for a vehicle service contract for the battery and battery, fuel cell, or related components, or for both. all of these.

(3)

(2) A rebate for a vehicle service contract to cover unexpected vehicle repairs not covered by the manufacturer’s warranty related to unique problems in eligible used vehicles.
(c) (1)A rebate issued pursuant to this section shall be limited to one per vehicle.

(2)A rebate issued pursuant to this section shall be limited to a vehicle whose previous owners have not received a rebate for that vehicle pursuant to the Clean Vehicle Rebate Project, established as part of the Air Quality Improvement Program established pursuant to this article.

(d)An applicant who applies for a rebate available pursuant to subdivision (b) shall be given priority if he or she meets either of the following criteria:

(1)Has an annual household income that is less than 60 percent of either the relevant countywide or citywide annual median household income.

(2)Resides in a district that has been designated by the state board as not meeting any one state ambient air quality standard.

(d) An applicant who applies for a rebate available pursuant to subdivision (b) shall be low income.
(e) The state board shall coordinate the Clean Reused Vehicle Rebate Electric Vehicle Consumer Battery and Fuel Cell Assurance Project with the Clean Vehicle Rebate Project, established as part of the Air Quality Improvement Program established pursuant to this article, the enhanced fleet modernization program, established pursuant to Article 11 (commencing with Section 44125) of Chapter 5, and the Charge Ahead California Initiative, established pursuant to Chapter 8.5 (commencing with Section 44258), including, but not limited to, all of the following:
(1) Coordinating eligibility pursuant to this section with eligibility for the enhanced fleet modernization program.
(2) Ensuring appropriate outreach and targeting to low- and moderate-income households in an effort to encourage participation.
(3) Expanding 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.
(f) In implementing this section, the state board shall collaborate with other state departments and agencies to enforce safeguards against fraudulent activity by sellers and acquirers of eligible used vehicles that are in accordance with other state laws.

(g)The implementation of this section is contingent upon the appropriation of moneys for those purposes in the annual Budget Act or another statute.