SB 496

Introduced by Senator Hurtado
(Coauthors: Senators Archuleta and Niello)
(Coauthor: Assembly Member Alanis)
 An act to add Article 6 (commencing with Section 43850) and Article 6.2 (commencing with Section 43860) to Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, relating to air resources.
air resources
Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.
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 that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources.
Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and
			 federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances.
This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified governmental and nongovernmental entities. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an
			 exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made.
This bill would exempt from the Advanced Clean Fleets Regulation or any similar
			 regulation vehicles reasonably anticipated to respond to emergency situations, or that support those efforts. The bill would prohibit the state board from requiring a state or local government fleet owner to provide documentation showing an executed zero-emissions vehicle purchase agreement in order to count an internal combustion
			 engine vehicle as a zero-emissions vehicle purchase for purposes of postponing a zero-emissions vehicle transition mandate in the Advanced Clean Fleets Regulation.
The people of the State of California do enact as follows:
SECTION 1.
Article 6 (commencing with Section 43850) is added to Chapter 4 of Part 5 of Division 26 of the
Health and Safety Code
, to read:
6.
Advanced Clean Fleets Regulation Appeals Advisory Committee
43850.
For purposes of this article, the following definitions apply:
(a) “Advanced Clean Fleets Regulation” means Article 3.2 (commencing with Section 2013) of, Article 3.3 (commencing with Section 2014) of, Article 3.4 (commencing with Section 2015) of, and Article 3.5 (commencing with Section 2016) of, Chapter 1 of Division 3 of Title 13 of the California Code of Regulations.
(b) “Committee” means the Advanced Clean Fleets Regulation Appeals Advisory Committee established pursuant to Section 43851.
(c) “Electrical corporation” has the same meaning as defined in
						  Section 218 of the Public Utilities Code.
43851.
(a) (1) On or before ____, the state board shall establish the Advanced Clean Fleets Regulation Appeals Advisory Committee.
(2) The committee shall review appeals of denied requests for exemptions or time extensions from the requirements of the Advanced Clean Fleets Regulation and make recommendations to the state board with respect to the denial of the exemption or time extension request.
(b) The committee shall be composed of all of the following:
(1) One representative of the state board who is appointed by the state
						  board.
(2) One representative of the Public Utilities Commission who is appointed by the Public Utilities Commission.
(3) One representative of the State Energy Resources Conservation and Development Commission who is appointed by the State Energy Resources Conservation and Development Commission.
(4) One representative of the Department of General Services who is appointed by the Director of General Services.
(5) One representative of the Department of Transportation who is appointed by the Director of Transportation.
(6) One representative of a transit agency who is appointed by the state
						  board.
(7) One representative of a regional transportation agency who is appointed by the state board.
(8) (A) No fewer than 13 and no more than 21 members selected by the state board from any of the following categories:
(i) (I) Private fleet owners.
(II) No less than 25 percent of the members appointed pursuant to this paragraph shall be private fleet owners.
(ii) (I) State and local government representatives with expertise relating to government fleets.
(II) No less than 25
						  percent of the members appointed pursuant to this paragraph shall be public fleet managers.
(iii) Representatives of electrical corporations.
(iv) Electric vehicle manufacturing industry experts.
(v) Representatives of environmental and environmental justice groups.
(vi) Representatives of labor groups.
(B) Members appointed pursuant to this paragraph shall serve on the committee for a minimum of one year and a maximum of three years.
43852.
(a) The committee shall meet monthly on an evenly spaced schedule.
(b) (1) Meetings of the committee shall be open to the public in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(2) Meetings of the committee shall be recorded and the recording of each meeting shall be made publicly available on the state board’s internet website.
(3) It is the intent of the Legislature that members
						  of the committee review materials relating to committee meetings and engage in constructive dialogue in all meetings.
(c) The representative of the state board shall be the nonvoting chair of the committee.
(d) A quorum shall consist of a majority of the voting members appointed to the committee at the time of a meeting. Any action requires a majority vote of the members present at a meeting at which there is a quorum.
43853.
(a) If the state board denies an application for an exemption or time extension from any requirement of the Advanced Clean Fleets Regulation, the applicant may appeal the denial to the committee.
(b) No later than 60 days after the applicant appeals the denial of the exemption or time extension request to the committee, the committee shall consider the appeal at a meeting and make a recommendation to the state board regarding whether the exemption or time extension request should have been denied.
(c) The chair of the committee shall serve as the liaison between the committee and the state board, and
						  shall report the actions and recommendations of the committee to the state board.
(d) For each appeal to the committee, all of the following information shall be made publicly available on the state board’s internet website:
(1) The applicant’s original request for an exemption or time extension from any requirement of the Advanced Clean Fleets Regulation and any accompanying information submitted by the applicant.
(2) All materials of the state board relating to the denial of the exemption or time extension request.
(3) The appeal and any accompanying information submitted by the applicant.
(4) The minutes of the meeting during which the appeal was considered.
(e) No later than 60 days after the committee makes a recommendation pursuant to subdivision (b), the state board shall consider the recommendation at a public meeting of the state board.
SEC. 2.
Article 6.2 (commencing with Section 43860) is added to Chapter 4 of Part 5 of Division 26 of the
Health and Safety Code
, to read:
6.2.
Advanced Clean Fleets Regulation
43860.
For purposes of this article, “Advanced Clean Fleets Regulation” means Article 3.2 (commencing with Section 2013) of, Article 3.3 (commencing with Section 2014) of, Article 3.4 (commencing with Section 2015) of, and Article 3.5 (commencing with Section 2016) of, Chapter 1 of Division 3 of Title 13 of the California Code of Regulations.
43861.
For purposes of the Advanced Clean Fleets Regulation, or a similar regulation adopted by the state board, vehicles reasonably anticipated to respond to emergency situations, or that support those efforts, are exempt to the same extent as authorized emergency vehicles as defined in Section 165 of the Vehicle Code.
43862.
For purposes of the extension authorized in paragraph (3) of subdivision (n) of Section 2013, and subdivision (c) of Section 2013.1, of Title 13 of the California Code of Regulations, the state board shall not require a fleet owner to submit documentation showing the executed zero-emissions vehicle purchase agreement in order to qualify for that extension.