Bill Text: CA AB1389 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1389 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Clean Transportation Program: project funding preferences.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 339, Statutes of 2022. [AB1389 Detail]

Download: California-2021-AB1389-Amended.html

Amended IN Senate June 24, 2021

Amended IN Assembly April 12, 2021

Amended IN Assembly March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1389

Introduced by Assembly Members Reyes, Friedman, and Luz Rivas
(Principal coauthor: Senator Gonzalez)

February 19, 2021

An act to amend Sections 44272 and 44272.4 of of, and to add Section 44272.1 to, the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 1389, as amended, Reyes. Alternative and Renewable Fuel and Vehicle Technology Program.

Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law requires the commission to give preference to those projects that maximize the goals of the program based on specified criteria and to fund specified eligible projects, including, among others, alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels. Existing law creates the Alternative and Renewable Fuel and Vehicle Technology Fund, to be administered by the commission, and requires the moneys in the fund, upon appropriation by the Legislature, to be expended by the commission to implement the program.

This bill would revise and recast the program to expand the purpose of the program to include developing and deploying innovative technologies that transform California’s fuel and vehicle types to help reduce criteria air pollutants and air toxics. The bill would no longer require the commission to provide certain project preferences and to would additionally require the commission to provide preference to projects that ~~meet certain other criteria, including to a project that has the ability to support vehicle deployment and advanced vehicle infrastructure needed to meet specified climate goals.~~ provide greenhouse gas and criteria air pollutant reductions in areas classified as nonattainment areas. The bill would ~~revise~~ delete the list of projects that the commission is required to make eligible for funding to include, among others, medium- and heavy-duty vehicle research, pilot, demonstration, and deployment projects that reduce emissions and particulate matter from fleets in the goods movement and public transit sectors. The bill would change the list of projects required for funding into a list of projects that the commission would be authorized to make eligible for funding, as specified. funding. The bill would, beginning with the 2022–2025 investment cycle, require the commission to ensure the program supports the state’s clean transportation, equity, air quality, and climate emission goals and to ensure program investments support specified requirements. The bill ~~would~~ would, beginning with the 2022–2025 investment cycle, require the commission to expend at least 50% of the moneys appropriated to the program for projects ~~located in, and benefiting, disadvantaged communities.~~ that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and would require at least 50% of funding for tangible location-based investments to be expended in disadvantaged and low-income communities. The bill would delete various other requirements relating to the administration of the program.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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 transportation sector is a major emitter of criteria air pollutants and greenhouse gases that drive climate change.

(b) Air pollutants that result from transportation emissions are harmful to human health. Moreover, the impact of this pollution falls disproportionately on communities of color. In that regard, a study from the Union of Concerned Scientists has found that, on average, African American, Latino, and Asian Californians are exposed to dangerous particulate matter exhaust from cars and trucks at levels of 43, 39, and 21 percent higher than ~~white~~ White Californians, respectively.

(c) The transportation sector is the biggest contributor to greenhouse gas emissions. Tailpipe emissions from the transportation sector account for over 40 percent of all greenhouse gas emissions statewide.

(d) Californians are experiencing the impacts of climate change. These impacts include wildfires, intense storms, flooding, heat waves, hazardous air quality, and drought, and will worsen. Urgent action is necessary to limit the disruption and cost to Californians and the California economy.

(e) Governor Jerry Brown and Governor Gavin Newsom have issued executive orders establishing ambitious goals for zero-emission vehicle deployment, including having 5,000,000 zero-emission vehicles (ZEVs) on the road by 2030 and, most recently, a goal that 100 percent of in-state sales of new passenger cars and trucks will be zero-emission by 2035, and that 100 percent of medium- and heavy-duty vehicles in California be zero emission by 2045 for all operations where feasible and by 2035 for drayage trucks.

(f) California has created numerous programs to reduce the greenhouse gas and criteria pollutant emissions of the transportation sector that are administered by many different agencies, including, but not limited to, the State Air Resources Board, the Public Utilities Commission, the State Energy Resources Conservation and Development Commission, the Governor’s Office of Business and Economic Development, the Department of Transportation, and the Department of General Services.

(g) Funding for these programs comes from many sources, including revenues from the California Greenhouse Gas Cap-and-Trade Program (Article 5 (commencing with Section 95801) of Title 17 of the California Code of Regulations), funding from the Low Carbon Fuel Standard program (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations), and various other taxes and fees established in Assembly Bill 118 (Chapter 750 of the Statutes of 2007) and reestablished in Assembly Bill 8 (Chapter 401 of the Statutes of 2013).

(h) Meeting the state’s ZEV goals will require innovation and effort from companies in California, the United States, and around the world. Many global automakers have been developing, and are accelerating the development of, ZEV vehicles. Public subsidies will be necessary for some period of time, especially as the state ensures that its transportation sustainability efforts reach all ethnic, geographic, and demographic groups.

(i) Some studies suggest that light-duty passenger electric vehicles will be cost comparable to traditional passenger vehicles in just a few years. Cost comparability for medium- and heavy-duty vehicles will take significantly longer.

(j) According to the State Air Resources Board’s Draft 2020 Mobile Source Strategy, medium- and heavy-duty and off-road mobile sources are responsible for 13 percent of greenhouse gas emissions in the state and 67 percent of NOx emissions. Light-duty sources emit 28 percent of greenhouse gas emissions in the state and 13 percent of NOx emissions.

(k) Current funding levels for the state’s transportation sustainability programs were not set to meet its current ZEV deployment goals. As an example, the funding levels for the Alternative and Renewable Fuel and Vehicle Technology Program were established in 2007, well before the current ZEV goals were established.

(l) The amount of public subsidy needed to meet the current ZEV goals is unknown. The state’s clean transportation programs should raise sufficient funding so that, in conjunction with federal subsidy programs, private sector investment, and other state and federal regulatory actions, the state will achieve its goals.

SEC. 2.

Section 44272 of the Health and Safety Code is amended to read:

44272.

(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby established. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help reduce criteria air pollutants and air toxics and attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.

(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or the executive director’s designee, the authority to approve either of the following:

(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.

(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.

(c)The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable:
(1)The project’s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts, with prioritization for projects that reduce these emissions in disadvantaged communities identified pursuant to Section 39711 and low-income communities, as defined in Section 39713.
(2)The project’s ability to support vehicle deployment and advanced vehicle infrastructure needed to meet the state’s climate goals, including, but not limited to, those goals stated in Sections 38566, 39730.5, 43024.2, 44258.4, and 44391.2 of this code and Section 399.11 of the Public Utilities Code.
~~(3)The project’s consistency with existing and future state climate change policy and low-carbon fuel standards.~~
(c) The commission shall ensure the program supports the state’s clean transportation, equity, air quality, and climate emission goals, including, but not limited to, any of the following:
(1) Section 38566.
(2) Section 39719.2.
(3) Section 39730.5.
(4) Section 43024.2.
(5) Section 44124.5.
(6) Section 44258.4.
(7) Section 44391.2.
(8) Section 399.11 of the Public Utilities Code.
(9) Section 740.12 of the Public Utilities Code.
(10) Section 5450 of the Public Utilities Code.
(11) Section 25229 of the Public Resources Code.
(d) Beginning with the 2022–2025 investment cycle, and for each investment cycle thereafter, the commission shall ensure program investments support all of the following:
(1) Annually increasing deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet the clean transportation, equity, air quality, and climate emission goals described in subdivision (c).
(2) Annually increasing deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified pursuant to Sections 25229 and 25231 of the Public Resources Code and advance the goals identified in Executive Order No. N-79-20.
(3) Multiyear market development strategies.
(e) Beginning with the 2022–2025 investment cycle, and for each investment cycle thereafter, no less than 50 percent of investments expended pursuant to subdivision (a) shall be expended in accordance with Section 44272.1.
(f) Beginning with the 2022–2025 investment cycle, and for each investment cycle thereafter, in awarding grants, the commission shall prioritize projects that do all of the following:
~~(4)~~

(1) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.

~~(5)~~

(2) The project provides economic benefits for California by promoting California-based technology firms, jobs, and ~~businesses.~~ businesses, especially in disadvantaged communities.

~~(6)The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.~~
~~(7)The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.~~
~~(8)~~

(3) The ~~project’s ability to transition~~ project transitions workers to, or ~~promote~~ promotes employment in, the alternative and renewable fuel and vehicle technology sector.

~~(9)The project serves and is located in disadvantaged communities, as identified pursuant to Section 39711, and in low-income communities, as defined in Section 39713.~~
~~(10)~~

(4) The project provides greenhouse gas and ~~particulate matter~~ criteria air pollutant reductions in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et ~~seq.).~~ seq.), with priority given to the highest designation of nonattainment in descending order.

(d)The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores, with a certain percentage of funding allocated for incentives for medium- and heavy-duty vehicles used by owner operators and small fleet owners in the goods movement industry.
(e)The commission shall expend at least 50 percent of the moneys appropriated to the Alternative and Renewable Fuel and Vehicle Technology Program for projects located in, and benefiting, disadvantaged communities identified pursuant to Section 39711.
~~(f)The following shall be eligible for funding:~~
(1)Medium- and heavy-duty vehicle, including on-road and off-road vehicles, research, pilot, demonstration, and deployment projects that reduce emissions and particulate matter from fleets in the goods movement and public transit sectors.
(2)Infrastructure deployment, and related workforce training programs, for medium- and heavy-duty vehicles, utility distribution system upgrades, and grid integration technologies to support those vehicle technologies.
(3)Programs and projects that support fleet conversion in the goods movement and public transit sector, including projects that support fleets with charging and refueling infrastructure, grid integration, warehouse and supply logistics, maintenance yard and utility upgrades, and technical and analytical support.
~~(4)Vehicle fueling infrastructure deployment for multidwellings units, utility distribution system upgrades, and grid integration technologies.~~
~~(g)The following may be eligible for funding:~~
(1)Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.
~~(2)Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.~~
~~(3)Projects to produce alternative and renewable low-carbon fuels in California.~~
~~(4)Projects to decrease the overall impact of an alternative and renewable fuel’s life-cycle carbon footprint and increase sustainability.~~
~~(5)Alternative and renewable fuel infrastructure, fueling stations, and equipment.~~
(6)Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.
(7)Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.
(8)Programs and projects to retrofit medium- and heavy-duty on-road and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.
(9)Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.
(10)Workforce training programs related to the development and deployment of technologies that transform California’s fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the state’s greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.
(11)Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.
(12)A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.
(13)Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.
~~(h)~~

(g) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.

~~(i)~~

(h) The commission may do all of the following:

(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).

(2) Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).

(3) Advance funds, pursuant to an agreement with the commission, to any of the following:

(A) A public entity.

(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.

~~(j)~~

(i) The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.

SEC. 3.

Section 44272.1 is added to the Health and Safety Code, to read:

44272.1.
(a) Beginning with the 2022–2025 investment cycle, and for each investment cycle thereafter, the commission shall expend at least 50 percent of the moneys appropriated to the Alternative and Renewable Fuel and Vehicle Technology Program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians, and at least 50 percent of the funds for tangible location-based investments shall be expended in disadvantaged and low-income communities. Any of the moneys used for investments that fulfill both criteria shall count toward both requirements.
(b) Eligible programs and projects that meet the equity criteria described in subdivision (a) may include, but are not limited to, any of the following:
(1) Programs that fill gaps in the equitable distribution of light-duty charging infrastructure identified pursuant to Section 25231 of the Public Resources Code, including programs deploying charging or refueling stations at low-income residential and multiunit dwelling locations.
(2) Programs deploying publicly accessible charging or refueling stations serving low-income customers who reside in areas of high air pollution.
(3) Infrastructure for public transportation and schoolbus electrification programs.
(4) Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment.
(5) Financing assistance and vehicle purchase incentives for underserved customers.
(6) Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options.
(7) Vehicle and equipment programs that displace local air pollution that disproportionately burdens underserved communities.
(8) Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging.
(c) The commission shall consult with the disadvantaged community advisory group established pursuant to Section 400 of the Public Utilities Code and the advisory body created pursuant to Section 44272.5 to ensure that this section is effectively implemented.

SEC. 3.SEC. 4.

Section 44272.4 of the Health and Safety Code is amended to read:

44272.4.

(a) Notwithstanding subdivision (d) of Section 44272.3, on and after June 30, 2013, a biorefiner receiving loan moneys from the state pursuant to an appropriation made in the 2010–11 or 2011–12 fiscal year shall comply with all conditions established pursuant to Section 44272.3 and shall demonstrate that compliance to the commission.

(b) On and after July 1, 2013, the eligibility for funding, pursuant to ~~paragraph (1) of subdivision (g) of~~ Section 44272, of projects for the production of ethanol is limited to ethanol that is not derived from corn. This limitation does not apply to ethanol derived from corn stover, leaves, cobs, or other nonedible plant portions of the corn.