Bill Text: CA AB414 | 2009-2010 | Regular Session | Introduced


Bill Title: Carl Moyer Memorial Air Quality Standards Attainment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB414 Detail]

Download: California-2009-AB414-Introduced.html
BILL NUMBER: AB 414	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 23, 2009

   An act to amend Section 44297 of, and to add Section 44297.5 to,
the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 414, as introduced, Galgiani. Carl Moyer Memorial Air Quality
Standards Attainment Program: heavy-duty fleet modernization
projects.
   Existing law establishes the Carl Moyer Memorial Air Quality
Standards Attainment Program (Carl Moyer program), which is
administered by the State Air Resources Board, to provide grants to
offset the incremental cost of eligible projects that reduce
emissions of air pollutants from sources in the state. Under the Carl
Moyer program, the state board is authorized to provide funding for,
among other things, eligible heavy-duty fleet modernization
projects, including a project that replaces an old engine or vehicle
with a newer engine or vehicle certified to more stringent emissions
standards than the engine or vehicle being replaced.
   The bill would require the state board to develop and implement a
trade-down program that provides assistance to owners of high-use,
newer model, heavy-duty fleet vehicles to convert those vehicles for
lower use, commercial operations in a manner that reduces emissions
of oxides of nitrogen and particulate matter. The bill would provide
that the trade-down program would be eligible for funding under the
Carl Moyer program as an eligible heavy-duty fleet modernization
project if it meets a specified criterion.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006, approved by the voters as Proposition 1B
at the November 7, 2006, general election, authorizes the issuance of
general obligation bonds for various purposes, including one billion
dollars ($1,000,000,000) for projects that improve air quality,
which are presently designated for truck retrofits.
   (b) It is in the public interest to pursue all cost-effective
efforts, consistent with the Carl Moyer Memorial Air Quality
Standards Attainment Program (Chapter 9 (commencing with Section
44275) of Part 5 of Division 2 of the Health and Safety Code), to
retire from service the oldest, most heavily polluting, heavy-duty
diesel vehicles, and, through a trade-down program, replace those
vehicles with newer, lower emission vehicles.
  SEC. 2.  Section 44297 of the Health and Safety Code is amended to
read:
   44297.  (a) The state board, acting within its existing authority,
shall, at its first opportunity following January 1, 2005, revise
the grant criteria and guidelines adopted pursuant to Section 44287
to incorporate projects described in subdivision (c).
   (b) The guidelines may define eligible costs to include monitoring
and verifying compliance with this article.
   (c) Notwithstanding any other provision of this chapter, a project
that meets  either   one  of the following
criteria constitutes a heavy-duty fleet modernization project and
thus is eligible for funding under the program, if it complies with
the guidelines established by the state board pursuant to subdivision
(a):
   (1) Replaces an old engine or vehicle with a newer engine or
vehicle certified to more stringent emissions standards than the
engine or vehicle being replaced, pursuant to paragraph (2) of
subdivision (a) of Section 44281.
   (2) Provides the equivalent emission reductions as would be gained
by a project that combines both of the following:
   (A) The purchase of a new very low or zero-emission covered
vehicle pursuant to paragraph (1) of subdivision (a) of Section
44281.
   (B) The replacement of an old engine or vehicle with a newer
engine or vehicle certified to more stringent standards than the
engine or vehicle being replaced, pursuant to paragraph (2) of
subdivision (a) of Section 44281. 
   (3) The replacement of older model vehicles used in commercial
operations with newer model vehicles in accordance with Section
44297.5. 
   (d) In establishing guidelines pursuant to subdivision (a), the
state board shall consider any existing heavy-duty fleet
modernization program carried out by a district. The state board
shall design a program that, to the extent feasible, includes fleet
owners, independent truck owners, heavy-duty vehicle dealers,
districts, and other participants it determines appropriate from
existing local programs.
   (e) The grants provided pursuant to this article shall provide
moneys to offset the incremental cost of projects that reduce
emissions of oxides of nitrogen (NOx) and particulate matter (PM).
   (f) The state board shall determine an appropriate weighted
cost-effectiveness standard for projects intended to reduce
particulate matter.
  SEC. 3.  Section 44297.5 is added to the Health and Safety Code, to
read:
   44297.5.  (a) The state board, in consultation with the Business,
Transportation and Housing Agency and the California Transportation
Commission, shall develop and implement a trade-down program that
provides assistance to owners of high-use, newer model, heavy-duty
fleet vehicles to convert those vehicles for lower use, commercial
operations in a manner that reduces emissions of oxides of nitrogen
and particulate matter.
   (b) The program developed pursuant to subdivision (a) shall be
eligible for funding under the program if it meets the criterion set
forth in paragraph (3) of subdivision (c) of Section 44297, and under
any other program if it meets the criteria set in those programs.

     
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