Bill Text: CA AB558 | 2017-2018 | Regular Session | Amended

California Assembly Bill 558 (Prior Session Legislation)

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

Bill Title: Alternative fuel vehicles: flexible fuel vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-09-21 - Vetoed by Governor. [AB558 Detail]

Download: California-2017-AB558-Amended.html

Amended IN Senate June 28, 2017

Amended IN Assembly April 26, 2017

Amended IN Assembly March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 558

Introduced by Assembly Member Quirk-Silva

February 14, 2017

~~An act to amend Section 290.46 of the Penal Code, relating to sex offenders.~~ An act to amend Section 9147.10 of the Government Code, to amend Section 43102 of the Health and Safety Code, and to amend Section 25722.5 of the Public Resources Code, relating to air resources.

LEGISLATIVE COUNSEL'S DIGEST

AB 558, as amended, Quirk-Silva. ~~Sex offenders: Internet Web site.~~ Alternative fuel vehicles: flexible fuel vehicles.

(1) Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the state’s programs, policies, and investments related to climate change, as specified.
This bill would provide that the joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as the benefits of procuring flexible fuel vehicles and E85 fuel for those vehicles.
(2) Existing law requires the State Air Resources Board to adopt and implement emission standards for new motor vehicles or new motor vehicle engines for emissions of air contaminants from those vehicles or engines, and authorizes the state board to certify those vehicles or engines as meeting those emissions standards. Existing law prohibits a new motor vehicle or new motor vehicle engine from being certified by the state board unless the vehicle or engine meets the applicable emissions standard adopted by the state board.
This bill would require the state board to certify, as specified, new motor vehicles that are flexible fuel vehicles capable of utilizing E85 fuel as well as gasoline; to certify, as specified, flexible fuel vehicle models that are certified to federal standards; and to maximize the use of E85 in flexible fuel vehicles that operate in the state. The bill also would require the state board to include in a specified report reductions of actual emissions of greenhouse gases resulting from these actions.
(3) Existing law requires the Director of General Services to compile and maintain prescribed information on the nature of vehicles owned or leased by the state, including the number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year. Existing law requires the department to develop and adopt various specifications and standards including utilization of procurement policies that achieve various policy objectives relative to fuel economy and emissions, including the maximization of the purchase or lease of alternative fuel vehicles.
This bill would include flexible fuel vehicles within the description of alternative fuel vehicles for these purposes.
Existing law requires the Department of Justice to make available specified information about registered sex offenders via an Internet Web site. Existing law authorizes an offender who has been convicted of specified offenses, including misdemeanor child molestation, to apply to the department for exclusion of his or her information from the Internet Web site.
~~This bill would prohibit offenders who were convicted of misdemeanor child molestation from applying to the department for exclusion of their information from the Internet Web site.~~

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) Low-carbon transportation fuels are an important element of the state’s greenhouse gas emissions reduction policy.
(b) E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.
(c) The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.
(d) E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.
(e) California has supported the use of flexible-fuel vehicles as a measure to reduce greenhouse gas emissions and the dependence on petroleum.
(f) Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has invested $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.
(g) This network of E85 fueling stations has proven economically sustainable and is delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.
(h) This network of E85 fueling stations tripled sales of E85 in only four years, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.
(i) This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is locally providing greenhouse gas emissions reductions at no cost.
(j) Due to the lack of a consistent state flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.
(k) To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.

SEC. 2.

Section 9147.10 of the Government Code is amended to read:

9147.10.

(a) The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the state’s programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.

(b) The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.

(c) The chair of the State Air Resources Board shall annually appear before the joint committee to present the state board’s annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.

(d) In recognition of the technical complexity involved in reviewing the state’s climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the state’s policies to better inform the joint committee’s recommendations.

(e) The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as the benefits of procuring flexible fuel vehicles and E85 fuel for those vehicles.

SEC. 3.

Section 43102 of the Health and Safety Code is amended to read:

43102.

(a) No A new motor vehicle or new motor vehicle engine shall not be certified by the state board, unless the vehicle or engine, as the case may be, meets the emission standards adopted by the state board pursuant to Section 43101 under test procedures adopted by the state board pursuant to Section 43104.

(b) Notwithstanding subdivision (a), to ~~assure~~ ensure that California consumers have an adequate selection of light-duty motor vehicle models, the state board shall adopt certification and enforcement regulations for future model years as soon as practicable, but not later than for the 1983 and subsequent model years, which will allow a manufacturer to certify in California federally certified light-duty motor vehicles with any engine family or families when their emissions are offset by the manufacturer’s California certified motor vehicles whose emissions are below the applicable California standards. This exemption shall not apply to emergency vehicles, as defined in the former Section 2002 of Title 15 of the United States Code.

(c) Subdivision (b) shall not ~~be applicable~~ apply to ~~any~~ a vehicle or engine model ~~which~~ that is certified to meet the emission standards established pursuant to Section 43101 or 43101.5.

(d) (1) Notwithstanding subdivision (a), the state board shall certify, through a streamlined certification process that provides motor vehicle manufacturers with an optional expedited certification process, new motor vehicles that are flexible fuel vehicles capable of utilizing E85 fuel as well as gasoline.
(2) Notwithstanding subdivision (a), the state board shall certify, to the maximum extent possible consistent with certification and enforcement regulations, flexible fuel vehicle models that are certified to federal standards.
(3) The state board shall maximize the use of E85 in flexible fuel vehicles that operate in the state.
(4) On or before October 1, 2018, the state board shall begin including the measures resulting from this subdivision in the annual status report required by Section 12892 of the Government Code on the reduction of actual emissions of greenhouse gases.

SEC. 4.

Section 25722.5 of the Public Resources Code is amended to read:

25722.5.

(a) In order to achieve the policy objectives set forth in Sections 25000.5 and 25722, the Department of General Services, in consultation with the commission and the State Air Resources Board, shall develop and adopt specifications and standards for all passenger cars and light-duty trucks that are purchased or leased on behalf of, or by, state offices, agencies, and departments. An authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, that is equipped with emergency lamps or lights described in Section 25252 of the Vehicle Code is exempt from the requirements of this section. The specifications and standards shall include the following:

(1) Minimum air pollution emission specifications that meet or exceed California’s Ultra-Low Emission Vehicle II (ULEV II) standards for exhaust emissions (13 Cal. Code Regs. 1961). These specifications shall apply on January 1, 2006, for passenger cars and on January 1, 2010, for light-duty trucks.

(2) Notwithstanding any other provision of law, the utilization of procurement policies that enable the Department of General Services to do all of the following:

(A) Evaluate and score emissions, fuel costs, and fuel economy in addition to capital cost to enable the Department of General Services to choose the vehicle with the lowest life-cycle cost when awarding a state vehicle procurement contract.

(B) Maximize the purchase or lease of hybrid or “Best in Class” vehicles that are substantially more fuel efficient than the class average.

(C) Maximize the purchase or lease of available vehicles that meet or exceed California’s Super Ultra-Low Emission Vehicle (SULEV) passenger car standards for exhaust emissions.

(D) Maximize the purchase or lease of alternative fuel vehicles, including flexible fuel vehicles.

(3) In order to discourage the unnecessary purchase or leasing of a sport utility vehicle and a four-wheel drive truck, a requirement that each state office, agency, or department seeking to purchase or lease that vehicle, demonstrate to the satisfaction of the Director of General Services or to the entity that purchases or leases vehicles for that office, agency, or department, that the vehicle is required to perform an essential function of the office, agency, or department. If it is so demonstrated, priority consideration shall be given to the purchase or lease of an alternative fuel or hybrid sports utility vehicle or four-wheel drive vehicle.

(b) The specifications and standards developed and adopted pursuant to subdivision (a) do not apply upon the development and implementation of the method, criteria, and procedure described in Section 25722.6.

(c) Each state office, agency, and department shall review its vehicle fleet and, upon finding that it is fiscally prudent, cost effective, or otherwise in the public interest to do so, shall dispose of nonessential sport utility vehicles and four-wheel drive trucks in its fleet and replace these vehicles with more fuel-efficient passenger cars and trucks.

(d) To the maximum extent practicable, each state office, agency, and department that has bifuel natural gas, bifuel propane, and flex fuel vehicles in its vehicle fleet shall use the respective alternative fuel in those vehicles.

(e) The Director of General Services shall compile annually and maintain information on the nature of vehicles that are owned or leased by the state, including, but not limited to, all of the following:

(1) The number of passenger-type motor vehicles purchased or leased during the year, and the number owned or leased as of December 31 of each year.

(2) The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year.

(3) The number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year and their location.

(4) The locations of the alternative fuel pumps available for those vehicles.

(5) The justification provided for all sport utility vehicles and four-wheel drive trucks purchased or leased by the state and the specific office, department, or agency responsible for the purchase or lease.

(6) The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year that are alternative fuel or hybrid vehicles.

(7) The number of light-duty trucks disposed of under subdivision (c).

(8) The total dollars spent by the state on passenger-type vehicle purchases and leases, categorized by sport utility vehicle and nonsport utility vehicle, and within each of those categories, by alternative fuel, hybrid and other.

(9) The total annual consumption of gasoline and diesel fuel used by the state fleet.

(10) The total annual consumption of alternative fuels.

(11) On December 31, 2009, and annually thereafter, the Director of General Services shall also compile the total annual vehicle miles traveled by vehicles in the state fleet.

(f) Each state office, agency, and department shall cooperate with the Department of General Services’ data requests in order that the department may compile and maintain the information required in subdivision (e).

(g) As soon as practicable, but no later than 12 months after receiving the data, the information compiled and maintained under subdivision (e) and a list of those state offices, agencies, and departments that are not in compliance with subdivision (f) shall be made available to the public on the Department of General Services’ Internet Web site.

(h) Beginning July 1, 2009, and every three years thereafter, the Director of General Services shall prepare a report on the information compiled and maintained pursuant to subdivision (e). The Director of General Services shall post that report on its Internet Web site.

(i) Pursuant to Article IX of the California Constitution, this section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.