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AB-637 Zero-emission vehicles: fleet owners: rental vehicles.(2023-2024)

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Date Published: 09/03/2024 02:00 PM
AB637:v93#DOCUMENT

Enrolled  September 03, 2024
Passed  IN  Senate  August 28, 2024
Passed  IN  Assembly  August 29, 2024
Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  August 15, 2024
Amended  IN  Senate  June 12, 2024
Amended  IN  Assembly  September 06, 2023
Amended  IN  Assembly  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 637

Introduced by Assembly Member Jackson

February 09, 2023

An act to add Section 43013.6 to the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 637, Jackson. Zero-emission vehicles: fleet owners: rental vehicles.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. Existing law also generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution the state board has found to be necessary, cost effective, and technologically feasible, to carry out specified purposes, unless preempted by federal law.
This bill would, if the state board adopts a regulation on or after April 28, 2023, requiring a fleet owner to acquire zero-emission vehicles as part of its fleet, require the state board to authorize the rental of a zero-emission vehicle or vehicles for a cumulative total of 260 days in a calendar year to be deemed ownership of one zero-emission vehicle for purposes of meeting that obligation. The bill would provide that a fleet owner that rents a zero-emission vehicle pursuant to this authority is not precluded from including that vehicle in their fleet for purposes of calculating any zero-emission vehicle acquisition requirement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that encouraging the rental of zero-emission medium- and heavy-duty trucks is essential to ensure use of those vehicles by customers and will further the state’s goals with regard to the reduction of greenhouse gas emissions.

SEC. 2.

 Section 43013.6 is added to the Health and Safety Code, to read:

43013.6.
 (a) Notwithstanding any other law, if the state board adopts a regulation on or after April 28, 2023, requiring a fleet owner to acquire zero-emission vehicles as part of its fleet, the state board shall authorize the rental of a zero-emission vehicle or vehicles for a cumulative total of 260 days in a calendar year to be deemed ownership of one zero-emission vehicle for purposes of meeting that obligation.
(b) Rental of a zero-emission vehicle pursuant to subdivision (a) shall not preclude a fleet owner from including that vehicle in their fleet for purposes of calculating any zero-emission vehicle acquisition requirement.
(c) For purposes of this section, the following definitions apply:
(1) “Fleet” means one or more vehicles owned by a fleet owner or that are operated under the common ownership or control of a controlling party.
(2) “Fleet owner” means the person or entity that owns the vehicles comprising the fleet.
(3) “Light-duty package delivery vehicle” means a motor vehicle with a gross vehicle weight rating equal to or less than 8,500 pounds, with equal to or greater than 100 cubic feet of cargo-carrying volume, as defined in Section 523.2 of Title 49 of the Code of Federal Regulations, as it read on January 1, 2023, that is regularly used to deliver packages, parcels, or mail.
(4) “Vehicle” means a vehicle operated in California that meets any of the following criteria:
(A) It has a gross vehicle weight rating greater than 8,500 pounds.
(B) It is a light-duty package delivery vehicle.
(C) It is a yard tractor.
(5) “Yard tractor” means a vehicle that has a movable fifth wheel that can be elevated and is used in moving and spotting trailers and containers at a location or facility. Yard tractors are also commonly known as yard goats, hostlers, yard dogs, trailer spotters, or jockeys.
(6) “Zero-emission vehicle” means a vehicle with a zero-emissions powertrain that produces zero exhaust emission of any criteria pollutant or precursor pollutant or greenhouse gas under any possible operational modes or conditions. Zero-emission vehicle shall also include “near-zero-emissions vehicle” to the extent permitted by the applicable requirement adopted by the state board.