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SB-493 Air pollution: alternative vehicles and electric and hydrogen infrastructure. (2023-2024)



Current Version: 09/14/23 - Enrolled

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SB493:v96#DOCUMENT

Enrolled  September 14, 2023
Passed  IN  Senate  September 12, 2023
Passed  IN  Assembly  September 11, 2023
Amended  IN  Assembly  June 19, 2023
Amended  IN  Senate  April 24, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 493

Introduced by Senator Min
(Coauthors: Senators Newman and Rubio)
(Coauthors: Assembly Members Alvarez and Davies)

February 14, 2023

An act to amend Sections 43024.2 and 43871 of the Health and Safety Code, and to amend Section 25229 of the Public Resources Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 493, Min. Air pollution: alternative vehicles and electric and hydrogen infrastructure.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various actions in furtherance of meeting the state’s clean energy and pollution reduction objectives, including actions related to electric vehicles. Existing law requires the Energy Commission, in consultation with the State Air Resources Board (state board) and the Public Utilities Commission (PUC), to prepare a statewide assessment of fuel cell electric vehicle fueling infrastructure and fuel production needed to support the adoption of zero-emission trucks, buses, and off-road vehicles at levels necessary for the state to meet the goals and requirements of Executive Order No. N-79-20 and any state board regulatory action that requires or allows zero-emission vehicles in the heavy-duty vehicle and off-road sectors. Existing law also requires the Energy Commission, working with the state board and the PUC, to prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least 5,000,000 zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40% below 1990 levels by 2030.
This bill would require the assessment of the fuel cell electric vehicle fueling infrastructure and fuel production to additionally include an assessment of storage and transport facilities, and the assessment of the electric vehicle charging infrastructure to additionally include electric system infrastructure and electric generation. The bill would expand the scope of the latter assessment to include the electric vehicle charging infrastructure, electric system infrastructure, and electric generation needed for the state to meet the goals of Executive Order No. N-79-20 and any state board regulatory action that requires or allows zero-emission vehicles in the heavy-duty vehicle and off-road sectors. The bill would require both assessments to identify any barriers to the deployment of hydrogen infrastructure and any barriers to the deployment of electric infrastructure, respectively, for medium- and heavy-duty fleets and recommendations for addressing those barriers. The bill would require the Energy Commission to publish a determination regarding the adequacy of completed or planned charging or fueling sites for the 5 years following the completion of the initial statewide assessment and the findings of the electric vehicle charging infrastructure assessment, as provided. The bill would also require the Energy Commission to identify any charging or fueling site deficiencies and categorize those deficiencies by refueling speed and by type of facility, as either a public facility or a private facility. The bill would require the Energy Commission to update the electric vehicle charging infrastructure assessment and the determination at least once every 2 years.
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. Existing law requires the state board, at least every 5 years, as provided, in consultation with the Department of Transportation, the Energy Commission, and the Governor’s Office of Business and Economic Development and in collaboration with relevant stakeholders, to update the state board’s 2016 mobile source strategy to include a comprehensive strategy for the deployment of medium-duty and heavy-duty vehicles in the state for the purpose of bringing the state into compliance with federal ambient air quality standards and reducing motor vehicle greenhouse gas emissions from the medium-duty and heavy-duty vehicle sector. Existing law requires the state board to recommend reasonable and achievable goals for reducing emissions from medium-duty and heavy-duty vehicles by 2030 and 2050, respectively, as part of the comprehensive strategy based on factors that include specified goals.
This bill would require those goals to include the goals established in Executive Order No. N-79-20 for the transition of medium- and heavy-duty fleets to zero-emission vehicles. The bill would also require the state board’s updates to the mobile source strategy to include a strategic plan to meet the deadlines in Executive Order No. N-79-20 and would also require the state board, in developing the comprehensive strategy, to incorporate the findings of the above-described assessments.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 43024.2 of the Health and Safety Code is amended to read:

43024.2.
 (a) (1) No later than January 1, 2021, and at least every five years thereafter, the state board, in consultation with the Department of Transportation, the State Energy Resources Conservation and Development Commission, and the Governor’s Office of Business and Economic Development and in collaboration with relevant stakeholders, shall update the state board’s 2016 mobile source strategy to include a comprehensive strategy for the deployment of medium-duty and heavy-duty vehicles in the state for the purpose of bringing the state into compliance with federal ambient air quality standards and reducing motor vehicle greenhouse gas emissions from the medium-duty and heavy-duty vehicle sector. The state board shall recommend reasonable and achievable goals for reducing emissions from medium-duty and heavy-duty vehicles by 2030 and 2050, respectively, as part of the comprehensive strategy based on factors that include, but are not limited to, the state’s overarching emissions reduction goal established in Section 38566, the goals established in the California Sustainable Freight Action Plan completed in response to Executive Order No. B-32-15, technological feasibility, the goals established in Executive Order No. N-79-20 for the transition of medium- and heavy-duty fleets to zero-emission vehicles, and cost-effectiveness.
(2) The state board’s updates to the mobile source strategy shall include all of the following:
(A) An identification of policies that provide advantages to fleets that reduce greenhouse gas emissions earlier than required by law.
(B) The coordination of plans for the attainment of federal ambient air quality standards with relevant greenhouse gas emissions reduction goals.
(C) A strategic plan to meet the deadlines in Executive Order No. N-79-20 for the transition of medium- and heavy-duty fleets to zero-emission vehicles.
(b) In developing the comprehensive strategy, the state board shall do all of the following:
(1) Seek to maximize the reduction of criteria air pollutants.
(2) Identify regulation that could improve market acceptance, spur technology advancements, reduce technology costs, and support the commercialization and deployment of medium-duty and heavy-duty vehicles that reduce emissions of greenhouse gases.
(3) Identify research needs to address any data gaps.
(4) Identify areas where the state should coordinate with other state agencies, districts, utilities providers, and technology providers to implement measures identified as part of the comprehensive strategy.
(5) Identify benefits to low-income communities and communities disproportionally impacted by diesel pollution.
(6) Identify policies that provide advantages to fleets that reduce greenhouse gas emissions early.
(7) Incorporate the findings of the assessments prepared pursuant to Section 43871 of this code and Section 25229 of the Public Resources Code.
(c) The state board, through a public process, may establish a process to identify medium-duty and heavy-duty vehicle segments that can more quickly reduce motor vehicle emissions, consistent with the state board’s three-year heavy-duty vehicle investment strategy required pursuant to the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, established pursuant to Section 39719.2, with a beachhead market analysis.
(d) The state board shall submit the updated mobile source strategy to the relevant policy and fiscal committees of the Legislature.

SEC. 2.

 Section 43871 of the Health and Safety Code is amended to read:

43871.
 (a) The State Energy Resources Conservation and Development Commission, in consultation with the state board and the Public Utilities Commission, shall prepare a statewide assessment of the fuel cell electric vehicle fueling infrastructure, fuel production, storage, and transport facilities needed to support the adoption of zero-emission trucks, buses, and off-road vehicles at levels necessary for the state to meet the goals and requirements of Executive Order No. N-79-20 and any state board regulatory action that requires or allows zero-emission vehicles in the heavy-duty vehicle and off-road sectors. The assessment shall complement and not duplicate the Joint Agency Staff Report on Assembly Bill 8:  Annual Assessment of Time and Cost Needed to Attain 100 Hydrogen Refueling Stations in California.
(b) The statewide assessment shall consider all necessary fuel production and distribution infrastructure, including, but not limited to, dispensing equipment, distribution equipment, production equipment, storage equipment, storage and transport facilities, and supporting hardware and software, all heavy-duty and off-road vehicle categories, road, highway, and off-road electrification, port and airport electrification, and other programs to accelerate the adoption of fuel cell electric vehicles to meet the goals and requirements described in subdivision (a). The statewide assessment shall examine existing and future fuel production and distribution infrastructure needs throughout the state, including in low-income communities. The statewide assessment shall also list synergies and estimate the potential for hydrogen to contribute to emissions reductions across sectors, including, but not limited to, the truck, bus, off-road vehicle, locomotive, maritime, and aviation sectors. The statewide assessment shall take into consideration the process for creating hydrogen and include an evaluation of the ability of hydrogen to enable a more renewable grid, provide grid services, decarbonize hard-to-electrify industries and remote locations, contribute to microgrids, and improve energy resilience. The statewide assessment shall also identify any barriers to the deployment of hydrogen infrastructure for medium- and heavy-duty fleets and recommendations for addressing those barriers.
(c) The State Energy Resources Conservation and Development Commission shall regularly seek data and input relating to fuel cell electric vehicle fuel production and fueling infrastructure from the state board, the Public Utilities Commission, the Department of Food and Agriculture, the Governor’s Office of Business and Economic Development, and interested stakeholders, including, but not limited to, electrical corporations, gas corporations, local publicly owned electric utilities, state and local transportation and transit agencies, fueling infrastructure developers, fuel producers, environmental groups, fuel cell manufacturers, and hydrogen fuel cell vehicle manufacturers.
(d) The State Energy Resources Conservation and Development Commission shall complete the statewide assessment by December 31, 2023, and shall post the statewide assessment on its internet website. The commission shall update the statewide assessment at least once every three years and shall post the updated statewide assessment on its internet website.
(e) The statewide assessment prepared pursuant to this section does not constitute a directive instituting a mandate on state funding.
(f) This section does not limit the ability of the State Energy Resources Conservation and Development Commission to award funds related to any of the following on a competitive basis:
(1) Alternative and renewable fuel development, production, demonstration, and deployment projects.
(2) Alternative and renewable fuel infrastructure projects, including, but not limited to, fueling stations and equipment.
(3) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies, including zero-emission and near-zero emission vehicles and vehicle technologies.
(g) The State Energy Resources Conservation and Development Commission shall publish a determination regarding the adequacy of completed or planned charging or fueling sites for the five years following the completion of the initial statewide assessment prepared pursuant to subdivision (a) and the findings of the assessment prepared pursuant to Section 25229 of the Public Resources Code. The commission shall identify any charging or fueling site deficiencies and categorize those deficiencies by refueling speed and by type of facility, as either a public facility or a private facility.
(h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 3.

 Section 25229 of the Public Resources Code is amended to read:

25229.
 (a) The commission, working with the State Air Resources Board and the Public Utilities Commission, shall prepare a statewide assessment of the electric vehicle charging infrastructure, electric system infrastructure, and electric generation needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least five million zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030, and for the state to meet the goals and requirements of Executive Order No. N-79-20 and any state board regulatory action that requires or allows zero-emission vehicles in the heavy-duty vehicle and off-road sectors.
(b) The assessment shall expand on the commission’s electric vehicle infrastructure projections to consider all necessary charging infrastructure, including, but not limited to, the chargers, make-ready electrical equipment, and supporting hardware and software, all vehicle categories, road, highway, and off-road electrification, port and airport electrification, and other programs to accelerate the adoption of electric vehicles to meet the goals described in subdivision (a). The assessment shall examine existing and future infrastructure needs throughout California, including in low-income communities. The statewide assessment shall also identify any barriers to the deployment of electric infrastructure for medium- and heavy-duty fleets and recommendations for addressing those barriers.
(c) As a part of the assessment, the commission, in consultation with stakeholders, shall identify workforce development and training resources needed to meet the goals described in subdivision (a). These resources shall include, but are not limited to, qualified apprenticeships, on-the-job training programs, and other training opportunities that build career pipelines in the zero-emission transportation sector and provide long-term employment in disadvantaged communities.
(d) The commission shall regularly seek data and input relating to electric vehicle charging infrastructure from stakeholders, including, but not limited to, the Public Utilities Commission, the State Air Resources Board, electrical corporations, local publicly owned electric utilities, state and local transportation and transit agencies, charging infrastructure companies, environmental groups, and automobile manufacturers.
(e) The commission shall update the statewide assessment prepared pursuant to subdivision (a) and the determination published pursuant to subdivision (g) of Section 43871 of the Health and Safety Code at least once every two years.