Bill Text: CA AB2480 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2480

Bill Title: Zero-emission schoolbus replacement grants: private contractors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2480 Detail]

Download: California-2023-AB2480-Amended.html

Amended IN Assembly April 16, 2024

Amended IN Assembly March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2480

Introduced by Assembly Member Garcia

February 13, 2024

An act to amend Section 121 of Chapter 52 of the Statutes of 2022, relating to air pollution, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 2480, as amended, Garcia. Zero-emission schoolbus replacement grants: private contractors.

Existing law appropriates, for the 2023–24 fiscal year, $375,000,000 from the General Fund to the State Air Resources Board for the Hybrid and Zero-Emission Truck and Voucher Incentive Project to fund grants to local educational agencies, as defined, for zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses owned by local educational agencies, as specified, and $125,000,000 from the General Fund to the State Energy Resources Conservation and Development Commission to fund grants to local educational agencies for zero-emission schoolbus charging or fueling infrastructure and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades, in order to complement those vehicle investments, as specified.

This bill would ~~include, for the definition of a local educational agency for purposes of these provisions,~~ also make the above-described grants available to a private ~~contractor~~ contractor, defined as an entity under contract with a school district, county office of education, or charter school with ownership of title for a schoolbus that is used to provide transportation services for a the school district, county office of education, or charter school, as provided. The bill would require, if a private contractor acquires a schoolbus pursuant to these provisions and subsequently ceases to contract with any school district, county office of education, or charter school to provide transportation services using the schoolbus, ownership of title for the schoolbus to be transferred to the school district, county office of education, or charter school that it last contracted with. By expanding the scope of eligibility for purposes of an appropriation, the bill would make an appropriation. The bill would require the State Air Resources Board to establish the minimum time period for which a private contractor would be required to contract to provide transportation services to a school district, county office of education, or charter school using a schoolbus acquired pursuant to these provisions and to develop a depreciation schedule for the schoolbus that determines the amount of grant moneys that the private contractor would be required to repay to the State Air Resources Board if the private contractor does not provide transportation services using the schoolbus for the minimum time period.

Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 121 of Chapter 52 of the Statutes of 2022, as amended by Section 96 of Chapter 48 of the Statutes of 2023, is amended to read:

Sec. 121.

(a) (1) For the 2023–24 fiscal year, the sum of three hundred seventy-five million dollars ($375,000,000) is hereby appropriated from the General Fund to the State Air Resources Board for the Hybrid and Zero-Emission Truck and Voucher Incentive Project to fund zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses owned by local educational agencies and private contractors over five years beginning in the 2023–24 fiscal year, consistent with this section. This funding shall be available as grants to local educational agencies and private contractors for encumbrance until June 30, 2029. Local educational agencies and private contractors shall have three fiscal years after the fiscal year in which the funds are received to expend the funds. Any funds that are not expended by a local educational agency or private contractor by the end of that period shall be returned to the state.

(2) For the 2023–24 fiscal year, the sum of one hundred twenty-five million dollars ($125,000,000) is hereby appropriated from the General Fund to the Energy Commission to fund zero-emission schoolbus charging or fueling infrastructure and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades, in order to complement the vehicle investments described in paragraph (1). This funding shall be available as grants to local educational agencies and private contractors for encumbrance until June 30, 2029. Local educational agencies and private contractors shall have three fiscal years after the fiscal year in which the funds are received to expend the funds. Any funds that are not expended by a local educational agency or private contractor by the end of that period shall be returned to the state.

(b) It is the intent of the Legislature to appropriate three hundred and seventy-five million dollars ($375,000,000) in the 2024–25 and 2025–26 fiscal years to the State Air Resources Board, and one hundred twenty-five million dollars ($125,000,000) in the 2024–25 and 2025–26 fiscal years to the Energy Commission, for purposes of subdivision (a).

(c) The State Air Resources Board and the Energy Commission shall coordinate to offer a single application to cover vehicle purchases, infrastructure investments, and other associated funding requests.

(d) The State Air Resources Board and the Energy Commission shall ensure that the funding provided in this section supports the transition to zero-emission schoolbus fleets by supporting up to the full purchase cost of zero-emission schoolbuses and related schoolbus charging or fueling infrastructure, as well as provide funding support for other associated costs, including workforce development and training.

(e) (1) The State Air Resources Board, in consultation with the Energy Commission, shall prioritize funding zero-emission schoolbuses under this section.

(2) If a local educational agency is able to provide sufficient information to the State Air Resources Board and the Energy Commission to demonstrate significant barriers to the adoption of zero-emission technology at the time of application, and that alternate approaches to decrease internal combustion vehicle use are not appropriate, the State Air Resources Board and the Energy Commission may fund schoolbuses powered by renewable fuel under this section, to the extent and in the time period that these barriers apply to the local educational agency.

(f) Priority shall be given to grantees serving a high percentage of unduplicated pupils, as defined in Section 42238.02 of the Education Code, grantees operating the oldest internal combustion buses, grantees that are small and rural school districts, and grantees purchasing zero-emission buses with bidirectional charging where available.

(g) The State Air Resources Board and the Energy Commission shall create program guidelines relative to their respective activities. Notwithstanding any other law, the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the development and approval of the guidelines or other standards or requirements adopted or used by the State Air Resources Board or the Energy Commission in administering these funds.

(h) No less than 90 percent of a grantee’s grant award shall 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.

(i) Up to 10 percent of a grantee’s grant award may be expended to incorporate or supplement funding for the grantee’s school transportation program.

(j) (1) Any schoolbuses that are replaced 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 Air Resources Board proof of scrap of the retired internal combustion schoolbus or schoolbuses.

(2) The grant agreement related to the grant award shall require grantees to submit schoolbus and infrastructure information and documentation resulting from the grants provided in this section to the State Air Resources Board and the Energy Commission.

(k) The Department of General Services, in consultation with the Energy Commission and the California Workforce Development Board, shall establish statewide contracts with manufacturers of zero- or low-emission schoolbuses. These contracts shall satisfy the high road standards pursuant to subdivision (r) of Section 14005 of the Unemployment Insurance Code.

(l) As a condition of entering into a statewide contract with the state, a bidder shall incorporate high road job standards designed to achieve all of the following goals:

(1) Support the creation and retention of quality, nontemporary, and full-time jobs that provide high wages, including benefits and access to training.

(2) Support the hiring of displaced workers and individuals facing barriers to employment.

(3) Encourage the development of the state’s long-term, climate-sustainable transportation and related infrastructure and manufacturing sectors.

(4) Protect public health by supporting the adoption of specific protections for worker health and safety.

(m) At a minimum, the contract shall include all of the following terms:

(1) All of the bidder’s employees performing work to fulfill the contract shall be paid no less than the minimum trainee wage set by the Employment Training Panel for the county in which the work is performed, or the applicable federal, state, or local minimum wage, whichever is greater. To the extent permissible, health care benefits valued at up to two dollars and fifty cents ($2.50) per hour may be used to meet this wage requirement.

(2) Any person performing work to fulfill the contract shall be placed in the proper employment classification. This requirement includes, but is not limited to, prohibitions on misclassifying a person performing work to fulfill the contract as an independent contractor.

(3) The bidder and any contractors and subcontractors performing work to fulfill the contract shall comply with all applicable federal, state, and local laws pertaining to paid sick leave, including any antiretaliation provisions contained in such laws.

(4) The bidder and any contractors and subcontractors performing work to fulfill the contract shall comply with all applicable safety and health requirements, and shall comply with Sections 6310 and 6311 of the Labor Code, pertaining to protection of employees who file complaints or refuse to work in the face of hazardous conditions.

(5) The bidder and any contractors and subcontractors comply and shall comply with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and all regulations thereunder.

(n) Grants received pursuant to this section shall supplement, not supplant, existing services and funds provided by grantees in support of transportation programs.

(o) For purposes of this section, the following definitions apply:

(1) “Bidder” means a manufacturer of zero-emission schoolbuses that seeks to enter into a statewide contract with the Department of General Services pursuant to this section.

(2) “Energy Commission” means the State Energy Resources Conservation and Development Commission.

(3) “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~~ entity 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.

~~(E)A private contractor~~

(4) “Private contractor” means an entity under contract with 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 that is used to provide transportation services for a the 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. school.

~~(4)~~

(5) “Rural school district” means a school district with a school with a locale code of 31, 32, 33, 41, 42, or 43, as classified by the National Center for Education Statistics.

~~(5)~~

(6) “Small school district” means a school district with fewer than 2,501 units of average daily attendance using the most recently reported annual data in the California Longitudinal Pupil Attendance Data System.

(p) (1) If a participating charter school acquires a schoolbus pursuant to this section and the charter school subsequently ceases operation, the schoolbus shall be made available to the State Air Resources Board for reallocation to other eligible local educational agencies.

(2)If a private contractor acquires a schoolbus pursuant to this section and the private contractor subsequently ceases to contract with any school district, county office of education, or charter school to provide transportation services using the schoolbus, ownership of title for the schoolbus shall be transferred to the school district, county office of education, or charter school that it last contracted with.
(2) The State Air Resources Board shall establish the minimum time period for which a private contractor shall contract to provide transportation services to a school district, county office of education, or charter school using a schoolbus acquired pursuant to this section. The State Air Resources Board shall develop a depreciation schedule for the schoolbus that determines the amount of grant moneys that the private contractor shall repay to the State Air Resources Board if the private contractor does not provide transportation services using the schoolbus for the minimum time period.

(q) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by paragraphs (1) and (2) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2021–22 fiscal year.

(r) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.