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AB-1524 State Air Resources Board: zero-emission drayage trucks: Project 800 Initiative.(2021-2022)



Current Version: 04/19/21 - Amended Assembly         Compare Versions information image


AB1524:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1524


Introduced by Assembly Member O’Donnell

February 19, 2021


An act to add Section 87106 to the Government Code, relating to the Political Reform Act of 1974. 44274.3 to the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1524, as amended, O’Donnell. Political Reform Act of 1974: conflicts of interest. State Air Resources Board: zero-emission drayage trucks: Project 800 Initiative.
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, reduction of criteria air pollutants and improvement of air quality. Pursuant to the Air Quality Improvement Program, the state board has established the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to provide vouchers to help California fleets purchase hybrid and zero-emission trucks and buses.
This bill would require the state board to create the Project 800 Initiative to provide financial incentives to support the deployment of 800 zero-emission drayage trucks serving California ports. The bill would state the intent of the Legislature that funding for the initiative come from the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project. The bill would require that funds available pursuant to the initiative only be provided if the purchaser or entity operating a drayage truck is in compliance with all applicable labor, employment, tax, and health and safety laws at the time of the purchase of that drayage truck, and maintains compliance thereafter.

The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interest of public officials.

This bill would prohibit an elected official from taking employment with or otherwise receiving compensation from any entity for the purpose of influencing the outcome of an election of a member of the elected body of which that elected official is a member. The bill would exempt the use of an elected official’s campaign funds authorized under specified provisions of the act.

The act makes a knowing or willful violation of its provisions a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) In 2020, the State Air Resources Board adopted regulations to reduce greenhouse gas emissions from heavy-duty trucks and drayage trucks. These regulations include a first-in-the-world rule requiring truck manufacturers to transition from diesel trucks and vans to electric zero-emission trucks beginning in 2024 and requiring every new truck sold in California to be zero-emission by 2045. The State Air Resources Board approved the “Heavy-Duty Low NOx Omnibus Regulation,” which requires manufacturers of heavy-duty diesel trucks to comply with tougher emission standards, overhaul engine testing procedures, and further extend engine warranties to ensure that emissions of oxides of nitrogen are reduced to help California meet federal air quality standards and critical public health goals.
(b) Also in 2020, Governor Gavin Newsom issued Executive Order No. N–79–20, which, among other things, requires all drayage trucks in the state to be zero-emission by 2035 and sets a number of vehicle emissions goals for the state, including having 100 percent of heavy-duty vehicles in the state be zero-emission by 2045.
(c) There are an estimated 30,000 drayage trucks that service California’s ports each year. Most of these are used trucks. Used drayage trucks cost around $50,000. New zero-emission trucks cost over $350,000. Unless funding is provided to offset the cost of new zero-emission trucks, it will be nearly impossible for individuals and small businesses to comply with the new requirement.

SEC. 2.

 Section 44274.3 is added to the Health and Safety Code, to read:

44274.3.
 (a) To meet the state’s 2035 zero-emission drayage truck goal set forth in Executive Order No. N–79–20, the state board shall create the Project 800 Initiative to provide financial incentives to support the deployment of 800 zero-emission drayage trucks serving California ports.
(b) With regard to the Project 800 Initiative, it is the intent of the Legislature that:
(1) Funding for the initiative come from, but is not limited to coming from, the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project.
(2) At least 800 zero-emission trucks will be ordered by June 30, 2022, by individuals and companies operating drayage trucks that serve California ports and by June 30, 2024, those trucks will begin operating at California’s ports.
(c) Funds available pursuant to the Project 800 Initiative shall only be provided if the purchaser or entity operating a drayage truck is in compliance with all applicable labor, employment, tax, and health and safety laws at the time of the purchase of that drayage truck, and maintains compliance thereafter.

SECTION 1.Section 87106 is added to the Government Code, to read:
87106.

(a)An elected official shall not take employment with or otherwise receive compensation from any entity for the purposes of influencing the outcome of an election of a member of the elected body of which that elected official is a member.

(b)This section does not apply to an elected official’s authorized use of campaign funds under Article 4 (commencing with Section 89510) of Chapter 9.5 of this title.

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.

SEC. 3.

The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.