Bill Text: CA AB2737 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2737 (Prior Session Legislation)

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

Bill Title: Air pollution: purchase of new drayage and short-haul trucks: incentive programs: lessees: labor standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-08-29 - Chaptered by Secretary of State - Chapter 213, Statutes of 2022. [AB2737 Detail]

Download: California-2021-AB2737-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2737

Introduced by Assembly Member Carrillo

February 18, 2022

An act to amend Section ~~39685 of~~ 39682 of, and to add Section 39693 to, the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 2737, as amended, Carrillo. Air pollution: purchase of new drayage and short-haul trucks: incentive programs: eligibility: labor standards.

Existing law establishes baseline standards, job quality standards, and a structure for eligibility to participate in incentive programs for the purchase of new drayage or short-haul trucks and applies these standards to fleet purchasers of new vehicles for drayage and short-haul trucking services within the state.

~~This bill would make a nonsubstantive change to those provisions.~~
This bill would exclude a rental or leasing entity, as defined, from the definition of a fleet purchaser.

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

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

SECTION 1.

Section 39682 of the Health and Safety Code is amended to read:

39682.

For purposes of this chapter, the following definitions apply:

(a) “Administering agency” means an agency administering an incentive program subject to this chapter.

(b) “Applicable law” means California laws within the Labor and Workforce Development Agency’s jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers’ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code.

(c) “Applicable law violation” means a violation that has a final determination, order, judgment, or award issued against a fleet purchaser of vehicles for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made.

(d) “Clean air standards” include the standards that the state board sets to reduce air pollution or reduce emissions of greenhouse gases pursuant to this division or Division 25.5 (commencing with Section 38500).

(e) “Fleet operations” include, but are not limited to, port drayage service and short-haul transport of goods. The state board may adopt guidance to interpret the scope of these operations to conform with law.

(f) “Incentive” includes a grant, loan, voucher, or other incentive, regardless of the source of revenue that funds the incentive, for the purchase of new drayage and short-haul trucks, except for revenue subject to provisions that supersede this chapter, including, but not limited to, revenues from settlement agreements, court orders, and consent decrees.

(g) “Short-haul trucking service” means movement of goods by truck within a 150-air-mile radius of the normal working reporting location while in service within the state.

(h) “Rental or leasing entity” means an entity in the trade or business of renting or leasing, as described in subdivision (a) of Section 10103 of the Commercial Code, vehicles to other persons who are renters or lessees for use or operation by renters or lessees. “Rental or leasing entity” does not include an entity whose primary purpose is to rent or lease vehicles to an affiliated motor carrier, including a parent company or subsidiary.

SEC. 2.

Section 39693 is added to the Health and Safety Code, to read:

39693.
For purposes of this chapter, a fleet purchaser excludes a rental or leasing entity.

SECTION 1.Section 39685 of the Health and Safety Code is amended to read:
39685.
This chapter establishes baseline standards, job quality standards, and a structure for eligibility to participate in incentive programs for the purchase of new drayage or short-haul trucks. This chapter applies the standards to fleet purchasers of new vehicles for drayage and short-haul trucking services within this state. The standards do not apply to other fleet purchases for operations outside of this scope.