AQMD Fleet Vehicle Rules

To reduce both toxic and smog-forming air pollutants, the South Coast Air Quality Management District is seeking to gradually shift public agencies to low emissions and alternative fuel vehicles. AQMD has proposed that whenever a public fleet operator with 15 or more vehicles replaces or purchases new vehicles they are either low-emission or alternative-fueled. The proposal also would cover vehicles in fleets used to transport passengers to and from the region’s airports.

ADOPTED RULE 1191 -- Clean On-Road Light- and Medium-Duty Public Fleet Vehicles

ADOPTED RULE 1192 -- Clean On-Road Transit Buses

ADOPTED RULE 1193 -- Clean On-Road Residential and Commercial Refuse Collection Vehicles

ADOPTED RULE 1194  -- Commercial Airport Ground Access

ADOPTED RULE 1195  -- Clean On-Road School Buses

ADOPTED RULE 1196 -- Clean On-Road Heavy-Duty Public Fleet Vehicles

ADOPTED RULE 1186.1 -- Alternative-Fuel Sweepers

ADOPTED RULE 431.2 -- Sulfur Content of Liquid Fuels

For more information on the proposed fleet rules e-mail Dave Coel at AQMD or call him at (909) 396-3143

AB 118| Author: Núñez

Increases several vehicle fees July 1, and the legislation is expected to bring in about $100 million annually for the Alternative and Renewable Fuels Vehicle Technology Fund. The CEC is required to develop an investment plan that defines priorities for the program, and then to develop regulations. The investment plan is slated for completion this fall, and regulations will take six to eight months to complete.

That means that by the time the CEC is ready to award funds, there will be only a few months left in the 2008–9 fiscal year. Because of that lag, the Senate Budget Subcommittee on Resources has recommended disapproving the request for $100 million in AB 118 funds for the CEC in the governor’s 2008–9 budget. The CEC is likely to get a limited amount for the last quarter of the fiscal year.

AB 109 | Author: Núñez

Legislature ‘Cleans Up’ 2007’s AB 118

In brief: Amends last year’s AB 118, which created new programs and funding sources to reduce air pollut­ant emissions and promote greater use of alternative fuels and vehicles. This bill expands the definitions of “life-cycle assessment” and “full fuel-cycle assessment” to include additional features of biofuel pro­duction and clarifies restrictions on the use of grant funds.

Status: In Senate Environmental Quality Committee.

The cleanup bill, expands the definitions of “life-cycle assessment” and “full fuel-cycle assessment” to include analysis of feedstock cultivation, fuel manufacturing and marketing, the transportation and use of water, and changes in land use and land cover related to feedstock and fuel production. It also clarifies restrictions on the use of grant funds. Most important, it requires that AB 118 disbursements follow the established state practice of using public funds only for projects that exceed state and local standards or meet those standards earlier than required. It prohibits funding for projects that are necessary for compliance.

One proposed Senate amendment adds, however, that AB 118 funds could be used for projects that are “required by goals, policies, mitigation measures, or permit conditions that establish greenhouse gas reduction targets but do not mandate any specific control strategies.” A second proposed amendment states that emissions reductions attributable to the state’s share of total project funding may not be used as marketable credits or to offset an emis­sions reduction obligation. Emissions reductions attributable to the privately funded portion of a project would be available for those uses.

While these restrictions would rule out incentives to, say, automakers to produce cleaner cars, CARB and CEC representatives believe that consumer incentives would be eligible for AB 118 funding, since consumers are not the targets of fleet regulations.

Withholding AB 118 funds from the CEC would allow the Legislature to loan them to CARB to implement AB 32 greenhouse gas reduction initiatives. AB 32 authorizes CARB to impose fees on greenhouse gas emitters to fund imple­mentation, but the agency has said it will not be ready to do so until 2010.

The governor’s latest budget proposes to use $48 million from the AB 118 Air Quality Improvement Fund to help CARB implement its new rules for heavy-duty port trucks and off-road vehicles and the pending on-road diesel vehicle rule.

SB 974 | Author: Lowenthal

In brief: Imposes a $30 fee on ship­ping containers moving through the ports of Long Beach, Los Angeles, and Oakland, with revenues spent equally on improving infrastructure and reducing air pollution.

Details: Lowenthal held the bill on the Assembly Floor last year at the governor’s request, with the governor’s commitment to work with him to have the bill passed.

Status: On Assembly Floor.

SB 1240 | Author: Kehoe

In brief: Requires CARB to adopt regulations to implement and enforce a low-carbon fuel stan­dard that achieves the maximum technologically feasible and cost-effective reductions in the carbon intensity of transportation fuels, and at least a 10 percent reduc­tion by 2020. The standard would apply to all refiners, blenders, producers, and importers of trans­portation fuel.

Details: The governor vetoed a similar bill last year because it didn’t authorize CARB to use mar­ket mechanisms to achieve the standard; SB 1240 does that.

Status: In Senate Appropriations Committee Suspense File.

SB 1374 | Author: Battin

In brief: Removes the cap on the number of stickers available for single-occupant hybrid access to HOV lanes and requires the DMV to make the stickers available to vehicles that have received an off­set for their CO2 emissions from a CARB–certified offset program.

Details: HOV access stickers for hybrids are limited to 80,000; they are not limited for CNG vehicles.

Status: Held in Senate Transporta­tion and Housing Committee.

SB 1646 | Author: Padilla

In brief: Removes the 2010 sunset on the SCAQMD’s authority to im­pose a $1 fee on vehicle registration renewal, with revenues used to fund the district’s Clean Fuels Program.

Status: In Assembly Transportation Committee.

SB 1737 | Author: Kehoe

In brief: Requires the PUC to evalu­ate and implement policies to promote the development of equip­ment and infrastructure needed to facilitate the use of electric and natural gas low-emission vehicles.

Details: The PUC scaled back utili­ties’ low-emission vehicle programs significantly after concluding that many of the activities did not meet the law’s “public interest” test. The definition of “public interest” has subsequently been amended to include the use of alternative fuels and reduction of greenhouse gas emissions, making a PUC review in order.

Status: In Assembly Utilities and Commerce Committee.

AB 2009 | Author: Hernandez

In brief: Exempts natural gas used for transportation by a local agency or public transit operator from a local utility user tax if the gas is dispensed by a separately metered, dedicated compressor.

Status: On Assembly Floor.

AB 2546 | Author: De La Torre

In brief: Amended bill includes emissions from mobile sources as an “air release” under the Toxic Hot Spots law, if the vehicles are within a stationary source facility.

Details: AB 2546 contends that emissions from vehicles at rail yards should be included under the state’s Toxic Hot Spots law, since they are an integral part of the rail yard, which is a stationary source subject to the law.

Status: In Assembly Appropriations Committee Suspense File.

AB 2560 | Author: Lieu

(Sacramento, CA) – Assemblymember Ted Lieu (D-Torrance) introduced legislation that would target emissions of medium and heavy duty vehicles in the State fleet. AB 2560 builds upon Assemblyman Lieu’s AB 236 (Chapter 593, Statutes of 2007) and would require the state to take steps to further reduce greenhouse gas emissions and promote lower polluting alternative fuels.

This bill requires the Department of General Services (DGS), by
December 31, 2009, and in conjunction with the Air Resources
Board (ARB) and the California Energy Commission (CEC), to
establish criteria to rank the environmental and energy benefits
and costs of medium-duty and heavy-duty motor vehicles for
potential procurement by state and local governments.

( Existing law requires DGS, by December 31, 2008, and in
conjunction with the ARB and CEC, to establish criteria to rank
the same benefits and costs of passenger and light-duty
vehicles.)

AB 2865 | Author: de León

In brief: Increases the portion of Carl Moyer funds available each year to directly fund a multidistrict project from 10 to 20 percent.

Status: Held in Assembly Transpor­tation Committee.

Fleet Rule for Public Agencies and Utilities - Vehicle Retirement

The Fleet Rule for Public Agencies and Utilities (title 13, California Code of Regulations, sections 2022 and 2022.1) allows a municipality or utility to "retire" a vehicle and have the "retired" vehicle count towards the best available control technology (BACT) compliance requirement. This page is intended as guidance for municipalities and utilities to insure the proper "retirement" of a vehicle. This page contains links to documents that will assist agencies in this effort. Municipalities or utilities are responsible for the proper retirement of a vehicle in compliance with title 13, CCR, section 2022.1.

The regulation requires municipalities and utilities that operate on-road diesel fueled vehicles greater than 14,000 pounds gross vehicle weight rating powered by a 1960 through 2006 model year medium heavy-duty or heavy heavy-duty diesel engine to apply BACT according to a specific compliance schedule. However, if a municipality or utility "retires" a vehicle per the definition set in the regulation, the municipality or utility may count the vehicle as compliant toward its BACT commitment. Retirement is defined by title 13, California Code of Regulations (CCR), section 2022 as:
The withdrawal of an engine or vehicle subject to this rule from the municipality or utility fleet in California; the engine may be sold outside of California, scrapped, converted for use in a low-usage vehicle or low-population county low-usage vehicle. Retirement or retire also means the transfer of an engine or vehicle, which is subject to this rule and has been brought into compliance with title 13, CCR, section 2022.1(b), from a municipality or utility fleet in California to another person or entity in California.
Simply stated, if an agency "retires" a vehicle, the vehicle must meet one of the following requirements:
- sold, registered and operated out-of-state,
- scrapped,
- used as a low-usage or low-population county low-usage vehicle, or
- sold in-state WITH BACT installed.

For more information visit: http://www.arb.ca.gov/msprog/publicfleets/retirement.htm

Proposed Revisions to the Fleet Rule for Public Agencies and Utilities - The Air Resources Board (ARB) proposes revisions to the Fleet Rule for Public Agencies and Utilities regulation (Fleet Rule) alongside with the proposed On-Road Heavy-Duty Diesel Vehicle regulation (Statewide Truck and Bus regulation). A summary of the proposed revisions to the Fleet Rule is available.