Bill Text: CA SB1329 | 2021-2022 | Regular Session | Amended

California Senate Bill 1329 (Prior Session Legislation)

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

Bill Title: Publicly available hydrogen-fueling stations: electric vehicle charging stations.

Spectrum: Slight Partisan Bill (Democrat 13-5-1)

Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1329 Detail]

Download: California-2021-SB1329-Amended.html

Amended IN Senate May 04, 2022

Amended IN Senate March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1329

Introduced by Senator Newman
(Coauthors: Senators Archuleta, Dodd, Hertzberg, Hurtado, and Min)
(Coauthors: Assembly Members Cunningham, Flora, Gray, Grayson, Lackey, Mayes, Petrie-Norris, Quirk, Quirk-Silva, Rodriguez, Valladares, Villapudua, and Waldron)

February 18, 2022

An act to amend Section 43018.9 of the Health and Safety Code, relating to ~~vehicular~~ air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 1329, as amended, Newman. Publicly available hydrogen-fueling stations: electric vehicle charging stations.

Existing ~~law, until January 1, 2024,~~ law requires the State Air Resources ~~Board~~ Board, on or before June 30, 2014, and until January 1, 2024, to annually aggregate and make available specified information regarding hydrogen-fueled vehicles and, based on that information, evaluate the need for additional publicly available hydrogen-fueling stations, as specified, and report those findings to the State Energy Resources Conservation and Development Commission. Existing law requires the commission to allocate $20,000,000 annually to fund the number of publicly available hydrogen-fueling stations identified by the state board, not to exceed 20% of the moneys appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology ~~Fund (fund),~~ Fund, until there are at least 100 publicly available hydrogen-fueling stations in operation in the state. Existing law requires the commission and the state board, on an annual basis, to jointly review and report progress toward establishing a hydrogen-fueling network that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed into operation in the state. Existing law requires the commission and the state board to consider certain information while conducting this review and determine the remaining cost and timing to establish a network of 100 publicly available hydrogen-fueling stations in operation in the state and whether funding from the Clean Transportation Program remains necessary to achieve this goal.

This bill would delete the requirement that the state board aggregate and make available specified information and report to the commission on or before June 30, ~~2014, and instead~~ 2014. The bill would instead require the state board, on or before June 30, 2023, and annually thereafter, to determine the number of publicly available hydrogen-fueling stations that are necessary to provide ~~hydrogen fueling~~ hydrogen-fueling access statewide, taking into consideration the state board’s 2020 Mobile Source Strategy and specified goals, recommendations, and data. The bill would delete the requirement that the commission allocate $20,000,000 annually to fund the number of publicly available hydrogen fueling stations identified by the state board. The bill would instead require the commission to ~~instead~~ annually allocate ~~the greater of $30,000,000 annually or 30% of~~ from the moneys annually appropriated by the Legislature from the fund ~~to build a~~ an amount determined appropriate by the commission to achieve the goal established by the state board of providing hydrogen-fueling access statewide ~~publicly available hydrogen-fueling station network.~~ and to build the number of electric vehicle or “EV” charging stations estimated by the commission its biennial statewide assessment of electric vehicle charging infrastructure, as provided. The bill would require the commission to ensure that certain requirements are met regarding expenditures of the moneys allocated by the commission. The bill would require the commission and the state board, as part of their annual joint review and report, to determine the remaining cost and timing to establish a network of 200 statewide publicly available hydrogen-fueling stations, instead of 100 stations.

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

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

SECTION 1.

Section 43018.9 of the Health and Safety Code is amended to read:

43018.9.

(a) For purposes of this section, the following terms have the following meanings:

(1) “Commission” means the State Energy Resources Conservation and Development Commission.

(2) “Publicly available hydrogen-fueling station” means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards and that is open to the public.

(b) Notwithstanding any other law, the state board does not have the authority to enforce any element of its existing clean fuels outlet regulation or of any other regulation that requires or has the effect of requiring that any supplier, as defined in Section 7338 of the Revenue and Taxation Code as in effect on May 22, 2013, construct, operate, or provide funding for the construction or operation of any publicly available hydrogen-fueling station.

(c) On or before June 30, 2023, and annually thereafter, the state board shall determine the number of publicly available hydrogen-fueling stations necessary to provide ~~hydrogen fueling~~ hydrogen-fueling access statewide, taking into consideration the state board’s 2020 Mobile Source Strategy, the goals and recommendations of Executive Order No. ~~N-79-20,~~ N–79–20 issued by Governor Gavin Newsom on September 23, 2020, and the data collected by the commission pursuant to Section 77 of Chapter 69 of the Statutes of 2021.

(d) (1) The commission shall annually allocate ~~the greater of thirty million dollars ($30,000,000) annually or 30 percent of~~ from the moneys annually appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology ~~Fund,~~ Fund established pursuant to Section 44273, ~~to build a statewide publicly available hydrogen-fueling station network.~~ an amount determined appropriate by the commission for both of the following:

(A) To achieve the goal established by the state board pursuant to subdivision (c) of providing hydrogen-fueling access statewide.
(B) To build the number of electric vehicle or “EV” charging stations estimated by the commission in its biennial statewide assessment of electric vehicle charging infrastructure required pursuant to Assembly Bill 2127 (Chapter 365 of the Statutes of 2018), consistent with the electric vehicle goals outlined in Executive Order No. N–79–20 issued by Governor Gavin Newsom on September 23, 2020.

(2) The commission shall allocate one hundred fifty thousand dollars ($150,000) of the moneys allocated pursuant to paragraph (1) to improve driver communications regarding publicly available hydrogen-fueling stations.

(3) The commission shall allocate no less than 60 percent of the moneys allocated pursuant to paragraph (1) toward publicly available hydrogen-fueling station projects that completely or partially benefit disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711.

(4) A recipient of moneys allocated pursuant to paragraph (1) shall use a skilled and trained workforce for all construction and maintenance work related to a publicly available hydrogen-fueling station for which the moneys were received.

(5) If the commission, in consultation with the state board, determines that the full amount identified in paragraph (1) is not needed to fund the number of stations identified by the state board pursuant to subdivision (c), the commission may allocate any remaining moneys to other projects, subject to the requirements of the Clean Transportation Program (Article 2 (commencing with Section 44272) of Chapter 8.9).

(6) Allocations by the commission pursuant to this subdivision shall be subject to all of the requirements applicable to allocations from the Clean Transportation Program (Article 2 (commencing with Section 44272) of Chapter 8.9).

(7) The commission, in consultation with the state board, shall award moneys allocated in paragraph (1) based on best available data and input from relevant stakeholders, including motor vehicle manufacturers that have planned deployments of hydrogen-fueled vehicles, according to a strategy that supports the deployment of an effective and efficient statewide publicly available hydrogen-fueling station network in a way that maximizes benefits to the public while minimizing costs to the state.

(8) Notwithstanding paragraph (1), once the commission determines, in consultation with the state board, that the private sector is establishing publicly available hydrogen-fueling stations without the need for government support, the commission may cease providing funding for those stations.

(e) On or before December 31, 2015, and annually thereafter, the commission and the state board shall jointly review and report on progress toward establishing a statewide publicly available hydrogen-fueling network that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed into operation in the state. The commission and the state board shall consider, at a minimum, the available plans of automobile manufacturers to deploy hydrogen-fueled vehicles in the state and their progress toward achieving those plans, the rate of deployment of hydrogen-fueled vehicles, the length of time required to permit and construct hydrogen-fueling stations, the coverage and capacity of the existing publicly available hydrogen-fueling station network, and the amount and timing of growth in the fueling network to ensure fuel is available to these vehicles. The review shall also determine the remaining cost and timing to establish a network of 200 statewide publicly available hydrogen-fueling stations and whether funding from the Clean Transportation Program (Article 2 (commencing with Section 44272) of Chapter 8.9) remains necessary to achieve this goal.

(f) To assist in the implementation of this section and maximize the ability to deploy fueling infrastructure as rapidly as possible with the assistance of private capital, the commission may design grants, loan incentive programs, revolving loan programs, and other forms of financial assistance. The commission also may enter into an agreement with the Treasurer to provide financial assistance to further the purposes of this section.

(g) Notwithstanding any other law, funds appropriated to the commission for the purposes of this section shall be available for encumbrance by the commission for up to four years from the date of the appropriation and for liquidation up to four years after expiration of the deadline to encumber.

(h) Notwithstanding any other law, the state board, in consultation with districts, no later than July 1, 2014, shall convene working groups to evaluate the policies and goals contained within the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section ~~44275),~~ 44275)), and Assembly Bill 923 (Chapter 707 of the Statutes of 2004).

(i) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.