Bill Text: CA AB1372 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1372

Introduced

Bill Title: Vehicular air pollution: medium- and heavy-duty vehicles: land ports of entry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1372 Detail]

Download: California-2023-AB1372-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1372

Introduced by Assembly Member Alvarez

February 17, 2023

An act to add Section 43024.3 to the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 1372, as introduced, Alvarez. Vehicular air pollution: medium- and heavy-duty vehicles: land ports of entry.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board, no later than January 1, 2021, and every 5 years thereafter, to update its 2016 mobile source strategy to include a comprehensive strategy for the deployment of medium- and heavy-duty vehicles in the state for purposes of bringing the state into compliance with federal ambient air quality standards and reducing motor vehicle greenhouse gas emissions from the medium- and heavy-duty vehicle sector. Under its existing authority, the state board has adopted the Advanced Clean Truck Regulation, which requires manufacturers who sell medium- and heavy-duty vehicles to sell zero-emission vehicles as an increasing percentage of their annual sales and requires certain fleet operators to report to the state board certain information regarding their vehicular usage.

This bill would, before January 1, 2026, prohibit the state board from enforcing any regulations requiring the purchase and use of zero-emission vehicles with a gross vehicle weight rating of over 8,500 pounds operating in a land port of entry on the California-Mexico border within a commercial zone, as defined. The bill would, on and after January 1, 2026, prohibit the state board from enforcing any regulations requiring the purchase and use of zero-emission vehicles with a gross vehicle weight rating of over 8,500 pounds operating at a land port of entry on the California-Mexico border within a commercial zone under certain conditions. The bill would specify that the state board has the burden of proof in demonstrating the fleet operator has reasonable access to an economically feasible charging or fueling infrastructure in enforcing those regulations for vehicles operating at a land port of entry on the California-Mexico border within a commercial zone.

This bill would require the Legislative Analyst, on or before September 1, 2024, to report to the Legislature on certain information regarding international commerce at the state’s land ports of entry on the California-Mexico border within commercial zones.

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

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

SECTION 1.

Section 43024.3 is added to the Health and Safety Code, to read:

43024.3.

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

(1) “Commercial zone” means a commercial zone as determined pursuant to Section 372.241 of Title 49 of the Code of Federal Regulations.

(2) “Land port of entry” means the land ports of entry on the California-Mexico border.

(b) (1) No later than September 1, 2024, the Legislative Analyst shall report to the Legislature, in accordance with Section 9795 of the Government Code, the following regarding international commerce at the state’s land ports of entry within commercial zones:

(A) An estimated number of medium- and heavy-duty trucks operating in the commercial zones.

(B) An estimate of the number of charging and fueling infrastructure necessary to support the transition of medium- and heavy-duty trucks to zero-emission vehicles in the commercial zones.

(C) The estimated cost to meet the vehicle and infrastructure needs, including the cost-effectiveness of the expenditures expressed in dollars per metric ton of carbon dioxide equivalent reduced.

(D) Identification of grant, incentive, or loan programs offered by the state and their current dollar amount for which motor carrier operators in commercial zones are eligible.

(2) This subdivision shall become inoperative on September 1, 2028.

(c) Before January 1, 2026, the state board shall not enforce any regulation requiring the purchase and use of zero-emission trucks with greater than 8,500 pounds gross vehicle weight rating operating at land ports of entry within a commercial zone.

(d) (1) On and after January 1, 2026, in enforcing regulations requiring the purchase and use of zero-emission trucks with greater than 8,500 pounds gross vehicle weight rating operating at a land port of entry within a commercial zone, the state board shall have the burden of proof that a regulated fleet operator has reasonable access to an economically feasible charging or fueling infrastructure.

(2) On and after January 1, 2026, the state board shall not enforce any regulation requiring the purchase and use of zero-emission trucks with greater than 8,500 pounds gross vehicle weight rating operating at a land port of entry within a commercial zone if any of the following applies:

(A) An electrical corporation or local publicly owned electric utility has determined that a fleet operator’s plan to electrify a site where those trucks are regularly garaged or maintained, or from which they are operated or dispatched, are not suitable.

(B) The fleet operator cannot obtain the necessary easements or permits for the installation and operation of a charging or fueling infrastructure.

(C) The cost effectiveness of costs incurred from the use of zero-emission trucks, inclusive of the fleet and fueling costs, exceeds three hundred dollars ($300) per metric ton of carbon dioxide equivalent reduced.