Bill Text: CA AB627 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Drayage trucks: voucher incentive project.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB627 Detail]
Download: California-2023-AB627-Amended.html
NOYES
SECTION 1. Section 43011.7 is added to the Health and Safety Code , to read: 43011.7. SEC. 2. Article 7.5 (commencing with Section 44558.50) is added to Chapter 1 of Division 27 of the Health and Safety Code , to read: 7.5. Heavy-Duty Truck Grant Program
For purposes of this article, “qualifying chapter, the following definitions apply:
(a) The authority south coast district shall establish a statewide program to provide grants to operators of diesel-fueled heavy-duty trucks in the state for either or both of the following
purposes:SEC. 3.
Bill Title: Drayage trucks: voucher incentive project.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB627 Detail]
Download: California-2023-AB627-Amended.html
|
Amended
IN
Assembly
April 03, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 627
| Introduced by Assembly Member Jackson |
February 09, 2023 |
An act to add Section 43011.7 to, and to add Article 7.5 (commencing with Section 44558.50) to Chapter 1 Chapter 5.7 (commencing with Section 44170) to Part 5 of Division 27 26 of, the Health and Safety Code, and to add Division 14.2 (commencing with Section 32075) to the Vehicle Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 627, as amended, Jackson.
Heavy-duty trucks: grant program: operating requirements.
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution the state board has found to be necessary, cost effective, and technologically feasible, to carry out specified purposes, unless preempted by federal law. generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.
This bill would prohibit, on and after January 1, 2030, a person from operating a diesel-fueled heavy-duty truck on the city streets or county roads located in the Counties of Riverside or San Bernardino, as specified. bill, commencing on January 1, 2035, and except as specifically exempted, would prohibit the operation of a heavy-duty diesel-fueled vehicle, as defined, within the city limits of any city identified by the state board as containing a disadvantaged community and meeting specified air pollution criteria with respect to diesel particulate matter, as specified. A violation of this prohibition, as a provision within the Vehicle Code, would be punishable as an infraction. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
Existing law, the California Pollution Control Financing Authority Act, establishes the California Pollution Control Financing Authority, with specified powers and duties, and authorizes the
authority to approve financing for projects or pollution control facilities to prevent or reduce environmental pollution. law establishes various incentive programs that are administered or funded by the State Air Resources Board to provide financial assistance for the purchase of vehicles by individuals and fleet purchasers. Existing law establishes the South Coast Air Quality Management District (south coast district) vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin.
This bill would require the authority south coast district to establish a
statewide program to provide grants to operators of diesel-fueled heavy-duty trucks to replace a diesel-fueled truck with a new truck using a specified power source or to retrofit the diesel-fueled truck by replacing the diesel engine with a power source using a qualifying technology. The bill would establish eligibility criteria for the program and would require the board south coast district to prioritize grants for certain purposes. By adding to the duties of the south coast district, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Riverside and San Bernardino.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)On and after January 1, 2030, a person shall not operate a diesel-fueled heavy-duty truck on the city streets or county roads located in the Counties of Riverside or San Bernardino.
(b)For purposes of this section, “diesel-fueled heavy-duty truck” means a diesel-fueled heavy-duty truck that operates exclusively in the state.
SECTION 1.
Section 43011.7 is added to the Health and Safety Code, to read:43011.7.
(a) The state board shall identify each city in the state that meets both of the following requirements:(1) The city contains a disadvantaged community identified pursuant to Section 39711.
(2) Any portion of the city is in the top 10 percentile of worst air quality in the state for diesel particulate matter, as determined by the state board using CalEnviroScreen.
(b) For purposes of Section 32075 of the Vehicle Code, the state board shall establish a list of cities identified pursuant to subdivision (a) on January 1, 2025, and shall update the list every 10 years thereafter.
(c) The state board shall publish the list of cities established pursuant to this section on its internet website.
(d) For purposes of this section, “CalEnviroScreen” means the California Communities Environmental Health Screening Tool created by the California Environmental Protection Agency to identify disadvantaged communities for purposes of Section 39711.
SEC. 2.
Chapter 5.7 (commencing with Section 44170) is added to Part 5 of Division 26 of the Health and Safety Code, to read:CHAPTER 5.7 Heavy-Duty Truck Grant Program
44558.50.44170.
For purposes of this(a) “Heavy-duty truck” means a commercial motor vehicle with a gross vehicle weight rating of 26,001 or more pounds.
(b) “Qualifying technology” means hydrogen fuel cell, compressed natural gas, or battery electric technology.
44558.51.44171.
(a) The(1) The purchase of a new or used heavy-duty truck that is powered by a qualifying technology to replace the diesel-fueled heavy-duty truck.
(2) The retrofit of the diesel-fueled heavy-duty truck by replacing the diesel engine with a power source that uses a qualifying technology.
(b)The authority shall only provide a grant under the program to an operator who meets all of the following eligibility requirements:
(1)The operator owns seven or fewer heavy-duty trucks.
(2)The operator makes less than seven million dollars ($7,000,000) per year from the operation of heavy-duty trucks.
(3)The operator employs fewer than 70 people in the operation of heavy-duty trucks.
(b) An operator shall be eligible to receive a grant in the following amounts:
(1) A grant that covers 100 percent of the cost of the purchase of each heavy-duty truck or the retrofit of each diesel-fueled heavy-duty truck, or both, if the operator owns 30 or fewer heavy-duty trucks.
(2) A grant that covers 80 percent of the cost of the purchase of each heavy-duty truck or the retrofit of each diesel-fueled heavy-duty truck, or both, if the operator owns more than 30 heavy-duty trucks and fewer than 51 heavy-duty trucks.
(3) A grant that covers 50 percent of the cost of the purchase of each heavy-duty truck or the retrofit of each diesel-fueled heavy-duty truck, or both, if the operator owns more than 50 heavy-duty trucks.
(c) An operator may use a grant received pursuant to this chapter in conjunction with a voucher provided pursuant to the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project.
(c)
(d) In administering the grant program, the authority
south coast district shall prioritize making grants for to both of the following:
(1) Operators for the replacement or retrofit of diesel-fueled heavy-duty trucks that transport goods between the Ports of Los Angeles, Long Beach, or Oakland and warehouses located in the state.
(2) Operators who own 30 or fewer heavy-duty trucks.
(d)
(e) The authority
south coast district may only make a grant under the program if the moneys provided by the grant will be used to replace or retrofit a diesel-fueled heavy-duty truck that operates exclusively in California.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique air pollution conditions in the Counties of San Bernardino and Riverside arising from the local topography of those counties and the truck traffic from the Ports of Los Angeles and Long Beach into those counties.
SEC. 3.
Division 14.2 (commencing with Section 32075) is added to the Vehicle Code, to read:DIVISION 14.2. Restricted Air Pollution Zones
32075.
(a) A person shall not operate a heavy-duty diesel-fueled vehicle within the city limits of any city that the State Air Resources Board has included in the list established pursuant to Section 43011.7 of the Health and Safety Code.(b) This section does not apply to any of the following vehicles:
(1) Any emergency vehicle.
(2) Any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately, municipally, or publicly owned, used in the construction, operation, removal, or repair of utility or public utility property or facilities.
(3) Any implement of husbandry as defined in Section 36000.
(4) Any tank vehicle, as defined in Section 34003, engaged in the transportation of fuel to a fueling station.
(5) Any vehicle registered in another state.
(c) As used in subdivision (a), “heavy-duty diesel-fueled vehicle” means a commercial motor vehicle with a gross vehicle weight rating of 26,001 or more pounds that is powered by a combustion engine that uses diesel fuel.
(d) For the purposes of subdivision (a), any vehicle that is being operated on a state highway traversing a designated city is not deemed to be within the city limits of that city.
(e) Notwithstanding Section 12810, a violation of this section shall not result in a violation point count.
(f) This section shall become operative on January 1, 2035.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
