Amended  IN  Senate  June 21, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 18, 2018
Amended  IN  Assembly  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2006

Introduced by Assembly Member Eggman
(Principal coauthor: Assembly Member Caballero)
(Coauthors: Assembly Members Aguiar-Curry, Eduardo Garcia, and Limón)

February 01, 2018

An act to add Chapter 8.8 (commencing with Section 44269) to Part 5 of Division 26 amend Section 44258.4 of the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2006, as amended, Eggman. Agricultural Worker Clean Transportation Investment Program. Charge Ahead California Initiative: agricultural worker vanpool programs.
The Charge Ahead California Initiative, administered by the state board, State Air Resources Board, includes goals of, among other things, placing in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, and increasing access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles.

This bill would establish the Agricultural Worker Clean Transportation Investment Program, which would be administered by the state board to fund the deployment of near-zero-emission and zero-emission vehicles, as defined, used for agricultural vanpools, as defined, serving disadvantaged or low-income communities, as defined, to reduce greenhouse gas emissions.

This bill would require the state board, in consultation with the State Energy Resources Conservation and Development Commission, air pollution control and air quality management districts, and the public, to require existing agricultural vanpool programs to serve disadvantaged communities and low-income communities, as defined, and to allocate a minimum of 25% of the moneys appropriated for agricultural vanpool programs to those programs servicing low-income communities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44258.4 of the Health and Safety Code is amended to read:

44258.4.
 (a) Any moneys utilized pursuant to this chapter from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall be consistent with the appropriations processes and criteria established by the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2).
(b) The Charge Ahead California Initiative is hereby established and shall be administered by the state board. The goals of this initiative are to place in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, to establish a self-sustaining California market for zero-emission and near-zero-emission vehicles in which zero-emission and near-zero-emission vehicles are a viable mainstream option for individual vehicle purchasers, businesses, and public fleets, to increase access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles, and to increase the placement of those vehicles in those communities and with those consumers to enhance the air quality, lower greenhouse gases, and promote overall benefits for those communities and consumers.
(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, districts, and the public, shall do all of the following:
(1) (A) Include, commencing with the funding plan for the 2016–17 fiscal year of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9), a funding plan that includes the immediate fiscal year and a forecast of estimated funding needs for the subsequent two fiscal years commensurate with meeting the goals of this chapter. Funding needs may be described as a range that identifies the projected high and low funding levels needed for the two-year forecast period to contribute to technology advancement, market readiness, and consumer acceptance of zero- and near-zero-emission vehicle technologies. The funding plan shall include a market and technology assessment for each funded zero- and near-zero-emission vehicle technology to inform the appropriate funding level, incentive type, and incentive amount. The forecast shall include an assessment of when a self-sustaining market is expected and how existing incentives may be modified to recognize expected changes in future market conditions.
(B) Projects included in the forecast may include, but are not limited to, any of the following:
(i) The Clean Vehicle Rebate Project, established pursuant to Section 44274.
(ii) Light-duty zero-emission and near-zero-emission vehicle deployment projects eligible under the Alternative and Renewable Fuel and Vehicle Technology Program, established pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9.
(iii) Programs adopted pursuant to paragraph (4).
(2) Update the plan required pursuant to paragraph (1) at least every three years through January 1, 2023.
(3) No later than June 30, 2015, adopt revisions to the criteria and other requirements for the Clean Vehicle Rebate Project, established pursuant to Section 44274, to ensure the following:
(A) Rebate levels can be phased down in increments based on cumulative sales levels as determined by the state board.
(B) Eligibility is limited based on income.
(C) Consideration of the conversion to prequalification and point-of-sale rebates or other methods to increase participation rates.
(4) (A) Establish programs that further increase access to and direct benefits for disadvantaged, low-income, and moderate-income communities and consumers from electric transportation, including, but not limited to, any of the following:
(i) Financing mechanisms, including, but not limited to, a loan or loan-loss reserve credit enhancement program to increase consumer access to zero-emission and near-zero-emission vehicle financing and leasing options that can help lower expenditures on transportation and prequalification or point-of-sale rebates or other methods to increase participation rates among low- and moderate-income consumers.
(ii) Car sharing programs that serve disadvantaged communities and utilize zero-emission and near-zero-emission vehicles.
(iii) Deployment of charging infrastructure in multiunit dwellings in disadvantaged communities to remove barriers to zero-emission and near-zero-emission vehicle adoption by those who do not live in detached homes. This clause does not preclude the Public Utilities Commission from acting within the scope of its jurisdiction.
(iv) Additional incentives for zero-emission, near-zero-emission, or high-efficiency replacement vehicles or a mobility option available to participants in the enhanced fleet modernization program, established pursuant to Article 11 (commencing with Section 44124) of Chapter 5.
(B) Programs implemented pursuant to this paragraph shall provide adequate outreach to disadvantaged, low-income, and moderate-income communities and consumers, including partnering with community-based organizations.
(5) (A) Require agricultural vanpool programs, including, but not limited to, the agricultural worker vanpools pilot project implemented by the state board pursuant to this chapter, to serve disadvantaged communities and low-income communities, as defined in Section 39719, and allocate a minimum of 25 percent of the moneys appropriated by the Legislature for agricultural vanpool programs to those programs servicing low-income communities.
(B) For the purposes of this paragraph, hybrid vehicle technology shall remain an eligible vehicle technology until the state board determines that a more cost-effective and cleaner alternative becomes commercially available.

SECTION 1.Chapter 8.8 (commencing with Section 44269) is added to Part 5 of Division 26 of the Health and Safety Code, to read:
8.8.Agricultural Worker Clean Transportation Investment Program
44269.

For purposes of this chapter, the following terms have the following meanings:

(a)“Agricultural vanpool” means a vehicle with a seating capacity of 10 to 15 riders that is used for the transportation of agricultural workers to and from agricultural sites and operations.

(b)“Agricultural workers” means people employed to plant, cultivate, or harvest crops in one of the state’s agricultural regions.

(c)“Disadvantaged community” means a community identified pursuant to Section 39711.

(d)“Low-income community” means a community as defined in Section 39713.

(e)“Near-zero-emission vehicle” means a vehicle that utilizes hybrid or zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria air pollutants, toxic air contaminants, and the emissions of greenhouse gases, as determined by the state board in consultation with the State Energy Resources Conservation and Development Commission, consistent with meeting the state’s mid- and long-term air quality standards and climate goals.

(f)“Program” means the Agricultural Worker Clean Transportation Investment Program established pursuant to this chapter.

(g)“Zero-emission vehicle” means a vehicle that produces no emissions of criteria air pollutants, toxic air contaminants, and greenhouse gases when idling or operating, as determined by the state board.

44269.2.

(a)The Agricultural Worker Clean Transportation Investment Program is hereby established and shall be administered by the state board. The program shall fund the deployment of near-zero-emission and zero-emission vehicles used for agricultural vanpools serving disadvantaged or low-income communities to reduce greenhouse gas emissions.

(b)Projects eligible to receive funding as part of the program may include any of the following:

(1)The purchase, lease-purchase, or replacement of near-zero-emission or zero-emission vehicles used for agricultural vanpools.

(2)The maintenance or modification of near-zero-emission or zero-emission vehicles used as agricultural vanpools.

(3)The purchase and installation of electric vehicle charging stations and infrastructure associated with the use of near-zero-emission or zero-emission vehicles used as agricultural vanpools.

(c)The state board shall allocate a minimum of 50 percent of the moneys appropriated by the Legislature to the program for projects servicing low-income communities.

(d)The state board shall determine the appropriate amount of matching funds required from a program applicant based on the applicant’s ability to provide the matching funds. The state board may waive this requirement if the state board makes a finding that the applicant has demonstrated this requirement would cause excessive hardship to the applicant.

(e)Eligible applicants may include public or private entities operating agricultural vanpools.