Bill Text: CA SB1230 | 2021-2022 | Regular Session | Amended

California Senate Bill 1230 (Prior Session Legislation)

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

Bill Title: Zero-emission and near-zero-emission vehicle incentive programs: requirements.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2022-09-16 - Chaptered by Secretary of State. Chapter 371, Statutes of 2022. [SB1230 Detail]

Download: California-2021-SB1230-Amended.html

Amended IN Assembly June 13, 2022

Amended IN Senate May 19, 2022

Amended IN Senate April 28, 2022

Amended IN Senate March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1230

Introduced by Senator Limón
(Coauthors: Senators Allen, Becker, Hertzberg, Kamlager, Laird, McGuire, Rubio, and Wieckowski)

February 17, 2022

An act to amend Section 44124.5 of, to amend the heading of Chapter 8.5 (commencing with Section 44258) of Part 5 of Division 26 of, and to add ~~Sections~~ Section 44258.7 ~~and 44274.2~~ to, the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 1230, as amended, Limón. Zero-emission and near-zero-emission vehicle incentive programs: requirements.

Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law establishes or authorizes the establishment of various incentive programs that are administered or funded by the State Air Resources Board to provide financial assistance for the purchase of zero-emission or near-zero-emission vehicles by individuals, including, among others, the Clean Cars 4 All Program. Under existing law, the Clean Cars 4 All Program is administered by the state board to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option. The state board, in partnership with the Beneficial State Foundation, also administers the Clean Vehicle Assistance Program, funded by the California Climate Investments cap-and-trade program, to provide grants and affordable financing to help income-qualified state residents purchase or lease a clean vehicle.

This bill would, on or before July 1, ~~2023,~~ 2024, require the state board, with respect to the various zero-emission and near-zero-emission vehicle incentive programs administered or funded by the state board, to adopt certain revisions to those programs if the state board finds those revisions to be feasible. The bill would require the state board, if it finds that the adoption of one or more of the revisions is infeasible, to prepare a report, as specified, describing the rationale for the finding, to post the report on its internet website, and to provide a notice of the report to the relevant policy and fiscal committees of the Legislature. The bill would require the state board, ~~on or before July 1, 2023,~~ contingent upon an appropriation by the Legislature, to create a single unified education and application portal that enables an applicant for any of those programs to access information about the program and to submit one application for all of the programs. ~~The bill would also authorize the state board to limit the combined total amount of incentives provided under these programs, as specified.~~

This bill would require the regulations implementing the Clean Cars 4 All Program to ensure that an eligible state resident may participate in the program regardless of whether the local air district that the person resides in has contracted with the state board to implement the program, and that an incentive that is used to purchase a vehicle is only used for the purchase of a hybrid vehicle or a zero-emission vehicle. by January 1, 2025, all hybrid vehicles purchased using an incentive are capable of plug-in charging.

This bill would require the state board to ensure that an incentive provided under the Clean Vehicle Assistance Program may also be used for public transit, car sharing, bike sharing, or electric bicycles.

This bill would also state the intent of the Legislature to enact subsequent legislation ~~with regard to zero-emission vehicle charging infrastructure.~~ to ensure that public investments in charging and refueling infrastructure and battery projects are accompanied by specified labor requirements.

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

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

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation to ensure ~~all of the following:~~ that public investments in charging and refueling infrastructure and battery storage projects are accompanied by requirements that construction workers for the projects must be paid prevailing wages and that contractors and subcontractors must use a skilled and trained workforce.

(a)Each year, zero-emission charging infrastructure is built at a rate so as to meet the anticipated demand in future years, thus helping to remove one of the biggest barriers to zero-emission vehicle adoption.
~~(b)At least one-half of the charging and refueling infrastructure built each year for light-duty vehicles is located in disadvantaged or low-income communities.~~
~~(c)Clean transportation programs ensure expanded access to charging stations at or near multifamily homes.~~
(d)The state prioritizes new public and commercial zero-emission vehicle charging infrastructure investments in electric chargers that minimize new demand on the state electric system, such as vehicle chargers powered by onsite photovoltaic solar and battery storage.
(e)Public investments in charging and refueling infrastructure and battery storage projects are accompanied by requirements that construction workers for the projects must be paid prevailing wages and that contractors and subcontractors must use a skilled and trained workforce.

SEC. 2.

Section 44124.5 of the Health and Safety Code is amended to read:

44124.5.

(a) The Clean Cars 4 All Program is hereby established and is to be administered by the state board to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option.

(b) Beginning in the 2018–19 fiscal year, and every fiscal year thereafter, the state board shall set specific, measurable goals for the replacement of passenger vehicles and light- and medium-duty trucks that are high polluters.

(c) The state board shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for Clean Cars 4 All no later than January 1, 2019.

(d) The regulation implementing this section shall ensure all of the following:

(1) Where applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.

(2) The replacement or a mobility option is consistent with paragraph (6) of subdivision (d) of Section 44125.

(3) Provisions enhance the prescreening of applicants to Clean Cars 4 All, if determined by the state board to be appropriate.

(4)A resident of the state who is otherwise eligible to participate in the program may participate in the program regardless of whether the district that the person resides in has contracted with the state board to implement the program.
~~(5)An incentive that is used to purchase a vehicle is only used for the purchase of a hybrid vehicle or a zero-emission vehicle.~~
(4) By January 1, 2025, all hybrid vehicles purchased using an incentive are capable of plug-in charging.

(e) The state board shall ensure that incentives awarded under the Clean Cars 4 All Program are awarded in accordance with Section 44258.7.

SEC. 3.

The heading of Chapter 8.5 (commencing with Section 44258) of Part 5 of Division 26 of the Health and Safety Code is amended to read:

CHAPTER 8.5. Clean Car Incentive Program Requirements

SEC. 4.

Section 44258.7 is added to the Health and Safety Code, to read:

44258.7.

(a) For purposes of this section, the following definitions apply:

(1) “Mobility option” has the same meaning as defined in Section 44124.

(2) “Zero-emission or near-zero-emission vehicle incentive program” means a program to provide incentives to an individual for the purchase of a light-duty zero-emission or near-zero-emission vehicle.

(b) This section applies to zero-emission and near-zero-emission vehicle incentive programs that receive funding from, or are administered by, the state board, as applicable, including, but not limited to, all of the following:

(1) The Clean Cars 4 All Program established pursuant to Section 44124.5.

(2) The Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9).

(3) The Clean Vehicle Assistance Program established as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9).

~~(4)The California Clean Fuel Reward program as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9).~~
~~(c)On or before July 1, 2023, the~~

(c) (1) The state board shall create a single unified education and application portal that enables an applicant for any of the programs subject to this section to access information about the program and to submit one application for all of the programs.

(2) The development of the education and application portal described in paragraph (1) is contingent upon an appropriation by the Legislature for that purpose, and shall be completed no more than two years following an appropriation by the Legislature for that purpose.
(3) When the education and application portal informs an applicant about the incentives that the applicant prequalifies for under programs subject to this section, the state board shall ensure that the portal also informs the applicant about other incentives that may be available to them, such as the California Clean Fuel Reward program and relevant local or regional incentives.

(d) (1) On or before July 1, ~~2023,~~ 2024, the state board shall, where the state board finds it feasible, adopt revisions to the requirements of zero-emission and near-zero-emission vehicle incentive programs subject to this section to ensure ~~all~~ both of the following:

(A) An opportunity to become prequalified for an incentive is provided in order to ensure that the incentive ~~provided under any of the programs~~ is guaranteed to the applicant before the applicant purchases a vehicle, mobility option, or other item or service for which the incentive is provided, in line with current best practices that permit applicants to apply incentive moneys toward the purchase at the point of sale.

(B) An application that is submitted through the portal developed pursuant to subdivision (c) is approved or denied within 24 hours of the submission of the application.

~~(C)A person’s participation in one of the programs subject to this section does not affect a person’s eligibility to participate in a different program subject to this section.~~

(2) If the state board finds it infeasible to adopt any of the revisions described in paragraph (1) to the requirements, the state board shall prepare, on or before July 1, ~~2023,~~ 2024, a report describing the rationale for those findings. The state board shall post the report on its internet website and provide notice of the report to the relevant policy and fiscal committees of the Legislature. The report shall include, but is not limited to, all of the following:

(A) A description of why the proposed revision is infeasible.

(B) Any complementary or overlapping efforts to achieve the policy goals that are underway at the state board.

(e)(1)On or before July 1, 2023, the state board may limit the combined total amount of incentives provided under all of the programs subject to this section to any applicant to ensure that the combined amount that may be provided under these programs and the amount that may be provided under federal zero-emission or near-zero-emission vehicle incentive programs to an applicant for an eligible vehicle does not exceed 120 percent of the price difference between the vehicle and the average price of a comparable traditional nonhybrid internal combustion engine vehicle.
~~(2)This subdivision does not apply to low-income applicants and applicants who reside in disadvantaged communities.~~

SEC. 5.Section 44274.2 is added to the Health and Safety Code, to read:
44274.2.
~~(a)For purposes of this section, “mobility option” has the same meaning as defined in Section 44124.~~
(b)The state board shall ensure that an incentive provided under the Clean Vehicle Assistance Program established as a part of the Air Quality Improvement Program may also be used for a mobility option.