CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1744

Introduced by Assembly Member Salas

February 22, 2019

An act to amend Section 44299.91 of the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1744, as introduced, Salas. Schoolbuses: retrofit and replacement.
Existing law establishes various programs for the reduction of vehicular air pollution, including the Lower-Emission School Bus Program adopted by the State Air Resources Board. 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 $19.925 billion of general obligation bonds for specified purposes, including $200 million for schoolbus retrofit and replacement purposes. Existing law requires the state board to allocate those bond moneys for the schoolbus retrofit and replacement program to air pollution control and air quality management districts by prioritizing the retrofit or replacement of the most polluting schoolbuses in small air districts first and then medium air districts, as specified. Existing law requires each allocation to provide sufficient funding for at least one project to be implemented as part of the Lower-Emission School Bus Program.
This bill instead would require the state board to prioritize the retrofit or replacement of the most polluting and oldest schoolbuses that operate in air districts that are designated federal extreme nonattainment, followed by small air districts, and then medium air districts, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44299.91 of the Health and Safety Code is amended to read:

44299.91.
 Of the funds appropriated pursuant to Item 3900-001-6053 of Section 2.00 of the Budget Act of 2007, the State Air Resources Board 2007 and for the purposes of this chapter, the state board shall allocate the funds in accordance with all of the following:
(a) All schoolbuses in operation in the state of model year 1976 or earlier shall be replaced.
(b) (1) The funds remaining after the allocation made pursuant to subdivision (a) shall be apportioned to local air quality management districts and air pollution control districts based on the number of schoolbuses of model years 1977 to 1986, inclusive, that are in operation within each district. district consistent with subdivision (i).
(2) Each district shall determine the percentage of its allocation to spend between replacement of schoolbuses of model years 1977 to 1986, inclusive, and retrofit of schoolbuses of any model year. Of the funds spent by a district for replacement of schoolbuses pursuant to this paragraph, a district shall replace the oldest schoolbuses of model years 1977 to 1986, inclusive, within the district. Of the funds spent by a district for retrofit of schoolbuses pursuant to this paragraph, a district shall retrofit the most polluting schoolbuses within the district.
(c) All schoolbuses replaced pursuant to this section shall be scrapped.
(d) These funds shall be administered by either the California Energy State Energy Resources Conservation and Development Commission or the local air district.
(e) If a local air district’s funds, including accrued interest, are not committed by an executed contract as reported to the State Air Resources Board state board on or before June 30, 2012, then those funds shall be transferred, on or before January 1, 2013, to another local air district that demonstrates an ability to expend the funds by January 1, 2014. In implementing this section, the State Air Resources Board state board, in consultation with the local air districts districts, shall, by September 30, 2012, establish a list of potential recipient local air districts, prioritizing local air districts with the most polluting schoolbuses and the greatest need for schoolbus funding. consistent with subdivision (i).
(f) Each allocation made pursuant to this section to a local air district shall provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program adopted by the State Air Resources Board. state board. In the event a local air district has unspent funds as of January 1, 2014, the local air district shall work with the State Air Resources Board state board to transfer the unspent funds to an alternative local air district with existing demand. demand consistent with subdivision (i).
(g) Funds made available pursuant to this chapter to a local air district shall be expended by June 30, 2014.
(h) All funds not expended by a local air district by June 30, 2014, shall be returned to the State Air Resources Board. state board.
(i) Funds Beginning January 1, 2020, funds authorized by the State Air Resources Board during or subsequent to the 2013–14 fiscal year state board shall be allocated to local air districts by prioritizing to retrofit or replace the most polluting schoolbuses in small local air districts first and oldest schoolbuses that operate in districts that are designated as federal extreme nonattainment, followed by small districts first, and then medium local air districts districts, as defined by the State Air Resources Board. state board. Each allocation shall provide sufficient funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program adopted by the State Air Resources Board. state board. If a local air district has unspent funds within six months of the expenditure deadline, the local air district shall work with the State Air Resources Board state board to transfer those funds to an alternative local air qualifying district with existing demand.