Bill Text: CA AB1418 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1418 (Prior Session Legislation)

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

Bill Title: Transportation electrification: electric school buses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1418 Detail]

Download: California-2019-AB1418-Amended.html

Amended IN Assembly March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1418

Introduced by Assembly Member Chiu

February 22, 2019

~~An act to amend Section 39510 of the Health and Safety Code, relating to the State Air Resources Board.~~ An act to add Section 14634 to the Government Code, and to add Sections 740.18 and 9509 to the Public Utilities Code, relating to transportation electrification.

LEGISLATIVE COUNSEL'S DIGEST

AB 1418, as amended, Chiu. ~~State Air Resources Board: membership.~~ Transportation electrification: electric school buses.

Existing law requires the Public Utilities Commission (PUC), in consultation with the State Air Resources Board and the State Energy Resources and Conservation Development Commission (Energy Commission), to direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification to reduce the dependence on petroleum, meet air quality standards, achieve specified zero-emission and near-zero-emission vehicle-related goals, and reduce emissions of greenhouse gases to 40% below 1990 levels by 2030 and to 80% below 1990 levels by 2050.
This bill would require the PUC to assess if the applications filed by an electrical corporation regarding transportation electrification provide sufficient resources to achieve a 100% shift to zero emissions for school buses in that electrical corporation’s territory. The bill would require the PUC, if the PUC makes a determination that more needs to be done to support the advancement to 100% zero-emission school buses, to direct electrical corporations to file additional applications to provide sufficient electrical charging infrastructure for the transformation of school buses away from diesel, gasoline, propane, and natural gas combustion to zero-emission options.
Existing law requires that the governing board of a local publicly owned electric utility with an annual electrical demand exceeding 700 gigawatthours adopt an integrated resource plan and a process for updating the plan at least once every 5 years that addresses procurement for, among other things, transportation electrification. Existing law requires the governing board to file the integrated resource plan and any plan updates with the Energy Commission, requires the Energy Commission to review the plans and plan updates and, if the Energy Commission determines a plan or plan update is deficient, requires the Energy Commission to provide recommendations to correct the deficiencies.
This bill would require, by March 15, 2020, and every other year thereafter, each local publicly owned electric utility to report specified information to the Energy Commission on the local publicly owned electric utility’s investment in charging infrastructure to achieve a conversion to zero-emission school buses in its service territory, as specified. By adding to the duties of local publicly owned electric utilities, the bill would impose a state-mandated local program.
This bill would require the Department of General Services to develop a clearinghouse for information and resources regarding manufacturers and pricing of zero-emission school buses and regarding incentive programs for zero-emission school buses and infrastructure.
Because certain of the above provisions would be codified in the Public Utilities Act, a violation of which is a crime, this bill would impose a state-mandated local program by expanding the scope of a crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
~~Existing law establishes the State Air Resources Board consisting of 14 members and vests the state board with regulatory jurisdiction over air quality issues.~~
~~This bill would make technical, nonsubstantive changes to that provision.~~

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

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

SECTION 1.

This act shall be known, and may be cited, as the Zero-Emission School Bus Act of 2019.

SEC. 2.

The Legislature finds and declares all of the following:

(a) California has expressed a robust desire to engage in widespread transportation electrification through the enactment of the Clean Energy and Pollution Reduction Act of 2015 (Chapter 547 of the Statutes of 2015), which includes the electrification of school buses. In addition, other efforts to achieve ambient air quality and greenhouse gas emissions reduction standards necessitate a shift in the way California transports people and goods, including advancing and integrating zero-emission technologies into our transportation system.
(b) Technological development in zero-emission school buses makes them an important category to pursue as part of a steady and reasonable shift away from school buses that combust fossil fuels. This shift is necessary for California to meet its air quality and greenhouse gas emission reduction standards, in addition to protecting the health of schoolchildren from toxic diesel exhaust and other air pollution.
(c) Several programs in California are providing funding for the purchase of school buses, including, but not limited to, the Hybrid Voucher Incentive Program, the Rural School Bus Pilot Project, the Carl Moyer Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275) of Part 5 of Division 26 of the Health and Safety Code), the community air protection incentives established pursuant to Chapter 136 of the Statutes of 2017, the Volkswagen settlement funds, and the School Bus Replacement Program in the Clean Energy Job Creation Program established pursuant to Section 26227.2 of the Public Resources Code.
(d) It is necessary to ensure state programs are better coordinated to ensure school districts and their contracted bus transport companies have the resources and programs necessary to shift to zero-emission school buses.

SEC. 3.

Section 14634 is added to the Government Code, to read:

14634.
The department shall develop a centralized clearinghouse for both of the following:
(a) Information and resources regarding manufacturers and pricing of zero-emission school buses.
(b) Information and resources about incentive programs for zero-emission school buses and associated charging or fueling infrastructure to aid schools and other entities providing transportation services to pupils.

SEC. 4.

Section 740.18 is added to the Public Utilities Code, to read:

740.18.
(a) In addition to the requirements of subdivision (b) of Section 740.12, the commission shall assess if the applications filed by an electrical corporation regarding transportation electrification provide sufficient resources to achieve a 100-percent shift to zero-emission school buses in that electrical corporation’s service territory.
(b) If the commission makes a determination that more needs to be done to support the advancement to 100 percent zero-emission school buses, the commission shall direct electrical corporations to file additional applications to provide sufficient electrical charging infrastructure for the total transformation of school buses away from diesel, gasoline, propane, and natural gas combustion to zero-emission options.
(c) (1) The commission shall determine whether electrical corporations shall pursue school buses as an electrical grid resource to aid in addressing peak demand, including providing an incentive structure to ease burdens, if any exist, to schools shifting to zero-emission school buses.
(2) To the extent the commission finds electric school buses are a viable resource for electrical grid stability and reliability or emergency response and resiliency services, the commission shall direct the electrical corporations to submit applications for projects that will aid in achieving the conversion of the state’s school buses to zero emission that can provide these grid services.

SEC. 5.

Section 9509 is added to the Public Utilities Code, to read:

9509.
By March 15, 2020, and by March 15 of every second year thereafter, each local publicly owned electric utility shall report to the Energy Commission both of the following:
(a) The local publicly owned electric utility’s investment in charging infrastructure to achieve a conversion to zero-emission school buses in its service territory.
(b) The use by the local publicly owned electric utility of electric school buses as grid stability and reliability resources or for emergency response and resiliency services.

SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.Section 39510 of the Health and Safety Code is amended to read:
39510.
~~(a)The State Air Resources Board is continued in existence in the California Environmental Protection Agency. The state board shall consist of 14 voting members.~~
(b)Twelve members shall be appointed by the Governor, with the consent of the Senate, on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with air pollution problems.
~~(c)Of the members appointed pursuant to subdivision (b), six members shall have the following qualifications:~~
~~(1)One member shall have training and experience in automotive engineering or closely related fields.~~
~~(2)One member shall have training and experience in chemistry, meteorology, or related scientific fields, including agriculture or law.~~
~~(3)One member shall be a physician and surgeon or an authority on health effects of air pollution.~~
~~(4)Two members shall be public members.~~
~~(5)One member shall have the qualifications specified in paragraph (1), (2), or (3) or shall have experience in the field of air pollution control.~~
(d)Of the members appointed pursuant to subdivision (b), six members shall be board members from districts who shall reflect the qualitative requirements of subdivision (c) to the extent practicable. Of these members:
~~(1)One shall be a board member from the south coast district.~~
~~(2)One shall be a board member from the bay district.~~
~~(3)One shall be a board member from the San Joaquin Valley Unified Air Pollution Control District.~~
~~(4)One shall be a board member from the San Diego County Air Pollution Control District.~~
(5)One shall be a board member from the Sacramento district, the Placer County Air Pollution Control District, the Yolo-Solano Air Quality Management District, the Feather River Air Quality Management District, or the El Dorado County Air Pollution Control District.
~~(6)One shall be a board member of any other district.~~
(e)The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the state board who shall be a person who works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations.
(f)A vacancy shall be filled by the appointing authority within 30 days of the date on which it occurs. If the Governor fails to make an appointment for a vacancy within the 30-day period, the Senate Committee on Rules may make the appointment to fill the vacancy in accordance with this section.
(g)While serving on the state board, all members shall exercise their independent judgment as officers of the state on behalf of the interests of the entire state in furthering the purposes of this division. A member of the state board shall not be precluded from voting or otherwise acting upon any matter solely because that member has voted or acted upon the matter in their capacity as a member of a district board, except that a member of the state board who is also a member of a district board shall not participate in an action regarding their district taken by the state board pursuant to Sections 41503 to 41505, inclusive.
(h)(1)Except for initial staggered terms that shall be established by the state board, the term of office for the voting members shall be six years. Upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to the requirement of subdivision (b) if applicable.
(2)Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if that member ceases to hold the membership that qualifies that person to be appointed as a member of the state board. The membership on the state board held by that person shall terminate immediately upon ceasing to hold that qualifying membership.
(i)In addition to subdivision (a), two Members of the Legislature shall serve as ex officio, nonvoting members of the state board. One member shall be appointed by the Senate Committee on Rules. One member shall be appointed by the Speaker of the Assembly.