text:
(a) No later than two years after the completion of the pilot program required by Section 44156 and to the extent authorized by federal law, the state board, in consultation with the bureau and the Department of Motor Vehicles, shall adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as defined by the state board, including, but not limited to, single-vehicle fleets and other vehicles that are registered in another state but operate on California roads. In adopting a regulation implementing the program, the state board shall do all of the following:

(1) (A) Establish test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen and particulate matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics system data and test procedures that measure the effectiveness of the control of emissions of greenhouse gases.

(B) In establishing the test procedures pursuant to this paragraph, the state board shall ensure that at least one test procedure does not result in charges, in aggregate, including the compliance fee required pursuant to Section 44154, imposed on owners of vehicles subject to the program that exceed the maximum allowable amount of the compliance fee specified in Section 44154, except for the necessary repair costs to bring a vehicle into compliance with the program. The state board shall ensure that this testing procedure is reasonably accessible to those owners.

(2) Require a motor vehicle to pass the test procedures in order to register or operate in the state. The state board may establish in the regulation full or partial exemptions from the requirements of this section for categories of vehicles it determines on the basis of substantial evidence that the economic costs of compliance substantially outweigh the benefits of compliance, including public health benefits.

(3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history with the program, including, but not limited to, the use of the electronic transmission of emissions data in lieu of the annual physical testing of the vehicles as determined by the state board. The streamlined process shall not include an exemption from the requirements of paragraph (2).

(4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes.

(5) Develop and implement enforcement methods to ensure continuing compliance with this section and Section 27153 of the Vehicle Code. The enforcement methods may include, but are not limited to, all of the following:

(A) Visual inspections.

(B) Functional inspections.

(C) Requiring emissions testing of vehicles.

(6) Develop, in coordination with the Department of Motor Vehicles, an information technology database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicle identification numbers and transmit them to the Department of Motor Vehicles in order for annual vehicle registration notices to be issued.

(7) Exempt all of the following:

(A) Zero-emission motor vehicles.

(B) A publicly owned authorized emergency vehicle operated by a peace officer, as defined in Section 830 of the Penal Code, only as necessary to ensure the ability to respond to emergencies.

(C) An authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, and used for fighting fires or responding to emergency fire calls by entities described in paragraph (2) of subdivision (b) of, or subdivision (c) or (d) of, Section 165 of the Vehicle Code, only as necessary to ensure the ability to respond to emergencies.

(D) A publicly owned authorized emergency vehicle used by an emergency medical technician-paramedic, as defined in Section 1797.84, only as necessary to ensure the ability to respond to emergencies.

(E) A tactical vehicle operated by the military as necessary for testing or training purposes.

(F) New vehicles certified to meet the most stringent optional reduced emissions of oxides of nitrogen emission standard for four years from the time inspections begin under the program.

(b) The state board may establish licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles. The board also may establish qualification standards or approval, operational, or licensure standards for testing equipment, including protocols, hardware, and software used for the submission of vehicle test data to the state board or its contractors.

(c) (1) As part of the program, the state board shall develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate. The state board shall issue the certificate to the legal owner, registered owner, or designee of a vehicle that, at the discretion of the state board, meets the requirements of the program so that vehicle owners and operators may easily demonstrate proof of compliance, as required pursuant to Sections 27158.1 and 27158.2 of the Vehicle Code.

(2) The Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate shall contain information determined to be necessary by the state board that includes, but need not be limited to, all of the following:

(A) Date issued.

(B) Date of expiration.

(C) Name and residence or business address or mailing address of the legal owner or registered owner.

(D) Vehicle identification number assigned to the vehicle.

(E) Description of the vehicle that includes the year, make, and model of the vehicle.

(d) The Department of Transportation, the Department of Food and Agriculture, and the Department of the California Highway Patrol may provide any necessary information to help facilitate the installation of equipment necessary to implement the program.

(e) The state board, the Department of Motor Vehicles, and the Department of Food and Agriculture may develop initiatives for outreach and education to help ensure compliance with the program.

(f) (1) The state board shall request a permit to deploy equipment on the state highway system, as defined in Article 3 (commencing with Section 300) of Chapter 2 of Division 1 of the Streets and Highways Code, in accordance with Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code and in cooperation with the Department of the California Highway Patrol.

(2) If the Department of Transportation denies a permit requested by the state board pursuant to paragraph (1), the Department of Transportation shall provide the state board the necessary information regarding how equipment can be deployed in a manner consistent with both the requirements of the program and other laws.

(g) The state board may inspect vehicles subject to this section in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol or at other locations selected by the state board in consultation with the Department of the California Highway Patrol. Inspection locations may include instate private facilities where fleet vehicles are serviced or maintained. The state board and the Department of the California Highway Patrol may conduct these inspections cooperatively or independently, and the state board may contract for assistance in the conduct of these inspections.

(h) (1) (A) The state board may issue a citation to the owner of a vehicle in violation of this section or a regulation promulgated pursuant to this section. The state board may require the operator of a vehicle to submit to a test procedure and may specify that refusal to submit is an admission constituting proof of a violation. The state board may require that, when a citation has been issued pursuant to this section, the owner of a vehicle in violation of the regulation shall be required to correct every deficiency specified in the citation within a timeframe determined by the state board, but that is not less than 45 days.

(B) A vehicle used exclusively in the conduct of agricultural operations shall be required to correct deficiencies specified in the citation within a timeframe determined by the state board that is not less than 75 days from the date of the citation.

(2) When deciding whether to issue a citation, the state board may take into account whether the owner of the vehicle has obtained a temporary permit to operate the vehicle pursuant to Section 4156.5 of the Vehicle Code.

(3) Except as provided in paragraph (4), a vehicle found in violation of this section or a regulation promulgated pursuant to this section shall not be prohibited from being used during this time.

(4) Notwithstanding paragraph (3), a vehicle found to have willfully tampered emission controls, including the vehicle’s onboard diagnostics system, shall not be operated.

(i) The state board shall provide an owner cited as violating this section an opportunity for an administrative hearing consistent with the process established pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. Following notice and an opportunity for an administrative hearing, the state board, at its discretion, may use the procedure set forth in subdivision (j) of Section 44011.6 for a vehicle owner cited pursuant to this section.

(j) After an order imposing an administrative penalty becomes final pursuant to the hearing procedures identified in subdivision (i) and no petition for a writ of mandate has been filed within the time allotted for seeking judicial review of the order, the state board may apply to the Superior Court for the County of Sacramento for a judgment in the amount of the administrative penalty. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment.

(k) Upon the implementation of the program, the state board shall provide mechanisms for out-of-state owners of heavy-duty vehicles to establish and verify compliance prior to entering the state, including attainment of a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate.

(l) Upon the full implementation of the program, the state board shall sunset the requirements of the Periodic Smoke Inspection Program in Chapter 3.6 (commencing with Section 2190) of Division 3 of Title 13 of the California Code of Regulations.

(m) Within four years following the full implementation of the program, the state board shall provide two biennial reports on its internet website. This report shall include, but is not limited to, enforcement, operational downtime, and an estimate of emissions reduced and cost-effectiveness.

chapter: 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program


kind: section

code: HSC

text:
(a) (1) The state board shall assess a compliance fee, not to exceed thirty dollars ($30), to fund the reasonable costs of implementing the program. A fee assessed pursuant to this section shall be limited exclusively to covering the costs of the program and shall be structured to ensure the equitable distribution of any costs among feepayers.

(2) The compliance fee and the maximum amount allowable shall be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Labor Relations.

(b) All fees collected by the state board pursuant to this chapter shall be deposited in the Truck Emission Check (TEC) Fund, which is hereby created in the State Treasury. All moneys in the fund shall be available upon appropriation by the Legislature to the state board for the regulatory purposes of the program.

(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Air Pollution Control Fund.

history: (History: Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)

division: 26. AIR RESOURCES

part: 5. VEHICULAR AIR POLLUTION CONTROL

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program


text:
(a) In order to implement the program, the state board, in consultation with the bureau, the Department of Transportation, the Department of Motor Vehicles, the Department of the California Highway Patrol, other interested state agencies, and stakeholders as part of a public process, shall implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into the program. The state board shall report the findings of the pilot program on its internet website.

(b) No later than two years following the completion of the pilot program required pursuant to this section, and before adopting and implementing the program, the state board shall report to the transportation and environmental committees of the Legislature on the following:

(1) A review of all investigated test procedures, hardware and software, and an assessment of which pathway was found to be the most cost effective, enforceable, and least burdensome for compliant truck operators, including, but not limited to, the estimated operational downtime associated with each test method.

(2) A comprehensive enforcement strategy to ensure the fair application of the program.

(3) A description of how the agency will harmonize the program with existing regulations to ensure stakeholders do not face duplicative requirements.

(4) Steps the state board will take to ensure emission reductions attributed to this program will be accounted for and credited in planning and technical documents including, but not limited to, the state implementation plan, scoping plans, and emissions models.


text: At least 60 days prior to the first hearing of the state board considering the adoption of any rules or regulations first implementing the program, the state board shall submit the then-current draft of those proposed rules and regulations to the Joint Legislative Budget Committee, the Senate Committee on Environmental Quality, the Senate Committee on Transportation, the Assembly Committee on Natural Resources, and the Assembly Committee on Transportation.


text:
For purposes of this chapter, “used direct import vehicle” means any 1975 or later model-year direct import vehicle not required to be certified as a new direct import vehicle pursuant to this part.

For purposes of this section, the age of a motor vehicle shall be determined by the following, in descending order of preference:

(a) From the first calendar day of the model year as indicated in the vehicle identification number.

(b) From the last calendar day of the month the vehicle was delivered by the manufacturer as shown on the foreign title document.

(c) From January 1 of the same calendar year as the model year shown on the foreign title document.

(d) From the last calendar day of the month the foreign title document was issued.

history: (History: Amended by Stats. 1989, Ch. 859, Sec. 6.)

chapter: 6. Used Direct Import Vehicles

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 6. Used Direct Import Vehicles


text: The state board shall adopt, by regulation, a certification program for used direct import vehicles. The state board shall issue a certificate of conformance to each used direct import vehicle which meets the requirements of this program.

history: (History: Amended by Stats. 1989, Ch. 859, Sec. 7.)


text: A used direct import vehicle which was not registered in this state prior to the adoption of regulations adopted pursuant to Section 44201, may not be registered in this state unless it has received a certificate of conformance from the state board, except as provided in Section 44210.

history: (History: Amended by Stats. 1989, Ch. 859, Sec. 8.)


text:
The certification program established pursuant to Section 44201 shall require all of the following components:

(a) A test of the vehicle’s emissions performed at a laboratory licensed by the state board.

(b) A determination that the emissions of the vehicle meet applicable emission standards adopted by the state board.

(c) Any vehicle labelling and description of any emissions-related modifications to the vehicle that the state board finds appropriate to assure that the emission-related system of the vehicle can be inspected, serviced, and repaired successfully throughout the state.

(d) Any other requirements the board may determine appropriate to assure the used direct import vehicle will continue to comply with emission standards in use, except that no requirement may be established to warrant the emissions control system or to recall vehicles which exhibit a defective emission control system subsequent to receiving a valid certificate of conformance.

history: (History: Amended by Stats. 1989, Ch. 859, Sec. 9.)


text: The state board may perform a confirmatory test of the vehicle’s emissions prior to issuance of a certificate of conformity.

history: (History: Added by Stats. 1985, Ch. 1138, Sec. 2.)


text:
The state board shall adopt regulations prescribing the requirements for any laboratory seeking approval as a state-licensed laboratory for purposes of this chapter. The requirements shall include, but not be limited to, all of the following:

(a) An agreement to random inspections of the facility and any vehicles on the premises by the state board or its designee.

(b) Recordkeeping for testing and quality control.

(c) An agreement to perform correlation testing at the request of the state board.

(d) An agreement to hold vehicles at the laboratory for up to 10 calendar days for the purpose of inspection and confirmatory testing upon request of the state board.


text: A laboratory’s license may be suspended or revoked by the state board, after a hearing, for failure to meet the requirements of licensing established in Section 44205 or for other cause specified by the state board in regulation. The state board shall adopt regulations governing the suspension, revocation, and reinstatement of the licenses.


text: The state board may, by regulation, impose fees for the licensing of laboratories and for the issuance of certificates of conformity to recover the state board’s costs, including enforcement costs, of administration of any program the state board may establish pursuant to this chapter.


text: Any person who falsifies any test record or report which has been submitted to any other person, the department, or the state board pursuant to this chapter is subject to punishment by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), imprisonment in a county jail for not more than one year, imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 197. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


text: The requirements of Section 44202 do not apply to any motor vehicle having a certificate of conformity issued by the federal Environmental Protection Agency pursuant to the federal Clean Air Act (42 U.S.C. Section 7401, et seq. ) and originally registered in another state by a person who was a resident of that state for at least one year prior to the original registration, who subsequently establishes residence in this state and who, upon registration of the vehicle in California, provides evidence satisfactory to the Department of Motor Vehicles of that previous residence and registration.


text:
The Legislature hereby finds and declares as follows:

(a) This chapter is intended to ensure that any county air pollution control district, or unified or regional air pollution control district, may, upon adoption of a resolution by the district governing board, exercise fee authority similar to that provided the south coast district pursuant to Section 9250.11 of the Vehicle Code and the Sacramento district pursuant to Section 41081, in order to ensure that districts, and, in the south coast district, other implementing agencies, have the necessary funds to carry out their responsibilities for implementing the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988).

(b) The revenues from the fees collected pursuant to this chapter shall be used solely to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988.

history: (History: Amended by Stats. 1996, Ch. 124, Sec. 76. Effective January 1, 1997.)

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 7. District Fees to Implement the California Clean Air Act


text:
(a) In addition to any other fees specified in this code, the Vehicle Code, and the Revenue and Taxation Code, a district, except the Sacramento district, may levy a fee of up to two dollars ($2) on motor vehicles registered within the district. A district may impose the fee only if the district board adopts a resolution providing for both the fee and a corresponding program for the reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of, the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles.

(b) In districts with nonelected officials on their boards, a resolution adopted pursuant to subdivision (a) shall be approved by both a majority of the board and a majority of the board members who are elected officials.

(c) A fee imposed pursuant to this section shall become effective on either April 1 or October 1, as provided in the resolution adopted by the board pursuant to subdivision (a).

history: (History: Amended by Stats. 2015, Ch. 610, Sec. 2. (SB 513) Effective January 1, 2016.)

chapter: 7. District Fees to Implement the California Clean Air Act


text:
(a) A district may increase the fee established under Section 44223 to up to six dollars ($6). A district may increase the fee only if both of the following conditions are met:

(1) A resolution providing for both the fee increase and a corresponding program for expenditure of the increased fees for the reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of, the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles, is adopted and approved by the governing board of the district.

(2) In districts with nonelected officials on their governing boards, the resolution shall be adopted and approved by both a majority of the governing board and a majority of the board members who are elected officials.

(b) An increase in fees established pursuant to this section shall become effective on either April 1 or October 1, as provided in the resolution adopted by the board pursuant to subdivision (a).

(c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2034, deletes or extends that date.

history: (History: Amended (as amended by Stats. 2022, Ch. 355, Sec. 5) by Stats. 2023, Ch. 131, Sec. 120. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2034, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2022, Ch. 355.)


text:
(a) A district may increase the fee established under Section 44223 to up to four dollars ($4). A district may increase the fee only if both of the following conditions are met:

(1) A resolution providing for both the fee increase and a corresponding program for expenditure of the increased fees for the reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of, the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988) is adopted and approved by the governing board of the district.

(2) In districts with nonelected officials on their governing boards, the resolution shall be adopted and approved by both a majority of the governing board and a majority of the board members who are elected officials.

(b) An increase in fees established pursuant to this section shall become effective on either April 1 or October 1, as provided in the resolution adopted by the board pursuant to subdivision (a).

(c) This section shall become operative on January 1, 2034.

history: (History: Amended (as amended by Stats. 2013, Ch. 401, Sec. 7) by Stats. 2022, Ch. 355, Sec. 4. (AB 2836) Effective January 1, 2023. Operative January 1, 2034, by its own provisions.)


text: Upon request of a district, the Department of Motor Vehicles shall collect the fees established pursuant to Sections 44223 and 44225 upon renewal of the registration of any motor vehicle subject to this part and registered in the district, except those vehicles which are expressly exempted under the Vehicle Code from the payment of registration fees.

history: (History: Added by Stats. 1990, Ch. 1705, Sec. 1.)


text:
(a) After deducting all administrative costs it incurs through collection of fees pursuant to Section 44227, the Department of Motor Vehicles shall distribute the revenues to districts, which shall use the revenues resulting from the first four dollars ($4) of each fee imposed to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies necessary for implementation of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988). Fees collected by the Department of Motor Vehicles pursuant to this chapter shall be distributed to districts based upon the amount of fees collected from motor vehicles registered within each district.

(b) Notwithstanding Sections 44241 and 44243, a district shall use the revenues resulting from the next two dollars ($2) of each fee imposed pursuant to Section 44227 to implement the following programs that the district determines remediate air pollution harms created by motor vehicles on which the surcharge is imposed:

(1) Projects eligible for grants under the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275) of Part 5).

(2) The new purchase, retrofit, repower, or add-on equipment for previously unregulated agricultural sources of air pollution, as defined in Section 39011.5, for a minimum of three years from the date of adoption of an applicable rule or standard, or until the compliance date of that rule or standard, whichever is later, if the state board has determined that the rule or standard complies with Sections 40913, 40914, and 41503.1, after which period of time, a new purchase, retrofit, repower, or add-on of equipment shall not be funded pursuant to this chapter. The districts shall follow any guidelines developed under subdivision (a) of Section 44287 for awarding grants under this program.

(3) The purchase of new schoolbuses or the repower or retrofit of emissions control equipment for existing schoolbuses pursuant to the Lower-Emission School Bus Program adopted by the state board.

(4) An accelerated vehicle retirement or repair program that is adopted by the state board pursuant to authority granted hereafter by the Legislature by statute.

(5) The replacement of onboard natural gas fuel tanks on schoolbuses that are 14 years or older or the enhancement of deteriorating natural gas fueling dispensers of fueling infrastructure, pursuant to the Lower-Emission School Bus Program adopted by the state board.

(6) The funding of alternative fuel and electric infrastructure projects solicited and selected through a competitive bid process.

(c) The Department of Motor Vehicles may annually expend not more than 1 percent of the fees collected pursuant to Section 44227 on administrative costs.

(d) A project funded by the program shall not be used for credit under any state or federal emissions averaging, banking, or trading program. An emission reduction generated by the program shall not be used as marketable emission reduction credits or to offset any emission reduction obligation of any person or entity. Projects involving new engines that would otherwise generate marketable credits under state or federal averaging, banking, and trading programs shall include transfer of credits to the engine end user and retirement of those credits toward reducing air emissions in order to qualify for funding under the program. A purchase of a low-emission vehicle or of equipment pursuant to a corporate or a controlling board’s policy, but not otherwise required by law, shall generate surplus emissions reductions and may be funded by the program.

(e) This section shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2034, deletes or extends that date.

history: (History: Amended (as amended by Stats. 2015, Ch. 610, Sec. 4) by Stats. 2022, Ch. 355, Sec. 7. (AB 2836) Effective January 1, 2023. Repealed as of January 1, 2034, by its own provisions. See later operative version, as amended by Sec. 6 of Stats. 2022, Ch. 355.)


text:
(a) After deducting all administrative costs it incurs through collection of fees pursuant to Section 44227, the Department of Motor Vehicles shall distribute the revenues to districts, which shall use the fees to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies necessary for implementation of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988). Fees collected by the Department of Motor Vehicles pursuant to this chapter shall be distributed to districts based upon the amount of fees collected from motor vehicles registered within each district.

(b) The Department of Motor Vehicles may annually expend not more than the following percentages of the fees collected pursuant to Section 44227 on administrative costs:

(1) During the first year after the operative date of this chapter, not more than 5 percent of the fees collected may be used for administrative costs.

(2) During the second year after the operative date of this chapter, not more than 3 percent of the fees collected may be used for administrative costs.

(3) During any year subsequent to the second year after the operative date of this chapter, not more than 1 percent of the fees collected may be used for administrative costs.

(c) This section shall become operative on January 1, 2034.

history: (History: Amended (as amended by Stats. 2013, Ch. 401, Sec. 9) by Stats. 2022, Ch. 355, Sec. 6. (AB 2836) Effective January 1, 2023. Operative January 1, 2034, by its own provisions.)


text: After consulting with the Department of Motor Vehicles on the feasibility thereof, a district board may exempt from all or part of the fee any category of low-emission motor vehicle.


text: Not more than 6.25 percent of the fees distributed to any district pursuant to Section 44229, or distributed by a district to any other public agency pursuant to this chapter, shall be used by the district or other public agency for administrative costs.

history: (History: Amended by Stats. 2015, Ch. 610, Sec. 5. (SB 513) Effective January 1, 2016.)


text: A district shall not use fees established under Sections 44223 and 44225 for the purpose of establishing or maintaining the district as a direct provider of carpool, vanpool, or other ridesharing or transit services. However, a district may use these funds to enter into, and implement, agreements with agencies which directly provide carpool, vanpool, or other ridesharing or transit services to provide these services.


text: A district may allocate funds raised by fees established under Sections 44223 and 44225 to meet the requirements of Section 65089 of the Government Code, if those requirements are in compliance with, and necessary for the implementation of, the California Clean Air Act of 1988.


text: A district may use fees established under Sections 44223 and 44225 to enter into an agreement with a council of governments, regional agency, or local agency to carry out Section 40717.


text:
(a) Fee revenues generated under this chapter in the bay district shall be subvened to the bay district by the Department of Motor Vehicles after deducting its administrative costs pursuant to Section 44229.

(b) Fee revenues generated under this chapter shall be allocated by the bay district to implement the following mobile source and transportation control projects and programs that are included in the plan adopted pursuant to Sections 40233, 40717, and 40919:

(1) The implementation of ridesharing programs.

(2) The purchase or lease of clean fuel buses for school districts and transit operators.

(3) The provision of local feeder bus or shuttle service to rail and ferry stations and to airports.

(4) Implementation and maintenance of local arterial traffic management, including, but not limited to, signal timing, transit signal preemption, bus stop relocation and “smart streets.”

(5) Implementation of rail-bus integration and regional transit information systems.

(6) Implementation of demonstration projects in telecommuting and in congestion pricing of highways, bridges, and public transit. No funds expended pursuant to this paragraph for telecommuting projects shall be used for the purchase of personal computing equipment for an individual’s home use.

(7) Implementation of vehicle-based projects to reduce mobile source emissions, including, but not limited to, engine repowers, engine retrofits, fleet modernization, alternative fuels, and advanced technology demonstrations.

(8) Implementation of a smoking vehicles program.

(9) Implementation of an automobile buy-back scrappage program operated by a governmental agency.

(10) Implementation of bicycle facility improvement projects that are included in an adopted countywide bicycle plan or congestion management program.

(11) The design and construction by local public agencies of physical improvements that support development projects that achieve motor vehicle emission reductions. The projects and the physical improvements shall be identified in an approved area-specific plan, redevelopment plan, general plan, or other similar plan.

(c) (1) Fee revenue generated under this chapter shall be allocated by the bay district for projects and programs specified in subdivision (b) to cities, counties, the Metropolitan Transportation Commission, transit districts, or any other public agency responsible for implementing one or more of the specified projects or programs. Fee revenue generated under this chapter may also be allocated by the bay district for projects and programs specified in paragraph (7) of subdivision (b) to entities that include, but are not limited to, public agencies, consistent with applicable policies adopted by the governing board of the bay district. Those policies shall include, but are not limited to, requirements for cost-sharing for projects subject to the policies. Fee revenues shall not be used for any planning activities that are not directly related to the implementation of a specific project or program.

(2) The bay district shall adopt cost-effectiveness criteria for fee revenue generated under this chapter that projects and programs are required to meet. The cost-effectiveness criteria shall maximize emissions reductions and public health benefits.

(d) Not less than 40 percent of fee revenues shall be allocated to the entity or entities designated pursuant to subdivision (e) for projects and programs in each county within the bay district based upon the county’s proportionate share of fee-paid vehicle registration.

(e) In each county, one or more entities may be designated as the overall program manager for the county by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The resolution shall specify the terms and conditions for the expenditure of funds. The entities so designated shall be allocated the funds pursuant to subdivision (d) in accordance with the terms and conditions of the resolution.

(f) Any county, or entity designated pursuant to subdivision (e), that receives funds pursuant to this section, at least once a year, shall hold one or more public meetings for the purpose of adopting criteria for expenditure of the funds, if those criteria have been modified in any way from the previous year. Any county, or entity designated pursuant to subdivision (e), that receives funds pursuant to this section, at least once a year, shall also hold one or more public meetings to review the expenditure of revenues received pursuant to this section by any designated entity. If any county or entity designated pursuant to subdivision (e) that receives funds pursuant to this section has not allocated all of those funds within six months of the date of the formal approval of its expenditure plan by the bay district, the bay district shall allocate the unallocated funds in accordance with subdivision (c).

history: (History: Amended by Stats. 2015, Ch. 451, Sec. 7. (SB 491) Effective January 1, 2016.)


text: The bay district board shall hold an annual public hearing to review the expenditure of revenues received by the bay district pursuant to Section 44241 to determine their effectiveness in improving air quality.

history: (History: Added by Stats. 1995, Ch. 950, Sec. 3. Effective January 1, 1996.)


text:
(a) Any agency which receives funds pursuant to Section 44241 shall, at least once every two years, undertake an audit of each program or project funded. The audit shall be conducted by an independent auditor selected by the bay district in accordance with Division 2 (commencing with Section 1100) of the Public Contract Code. The district shall deduct any audit costs which will be incurred pursuant to this section prior to distributing fee revenues to cities, counties, or other agencies pursuant to Section 44241.

(b) Upon completion of an audit conducted pursuant to subdivision (a), the bay district shall do both of the following:

(1) Make the audit available to the public and to the affected agency upon request.

(2) Review the audit to determine if the fee revenues received by the agency were spent for the reduction of air pollution from motor vehicles pursuant to the plan prepared pursuant to Sections 40233 and 40717.

(c) If, after reviewing the audit, the bay district determines that the revenues from the fees may have been expended in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to that plan, the district shall do all of the following:

(1) Notify the agency of its determination.

(2) Within 45 days of the notification pursuant to paragraph (1), hold a public hearing at which the agency may present information relating to expenditure of the revenues from the fees.

(3) After the public hearing, if the district determines that the agency has expended the revenues from the fees in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to the plan prepared pursuant to Sections 40233 and 40717, the district shall withhold these revenues from the agency in an amount equal to the amount which was inappropriately expended. Any revenues withheld pursuant to this paragraph shall be redistributed to the other cities within the county, or to the county, to the extent the district determines that they have complied with the requirements of this chapter.

(d) Any agency which receives funds pursuant to Section 44241 shall encumber and expend the funds within two years of receiving the funds, unless an application for funds pursuant to this chapter states that the project will take a longer period of time to implement and is approved by the district or the agency designated pursuant to subdivision (e) of Section 44241. In any other case, the district or agency may extend the time beyond two years, if the recipient of the funds applies for that extension and the district or agency, as the case may be, finds that significant progress has been made on the project for which the funds were granted.

history: (History: Amended by Stats. 1995, Ch. 950, Sec. 4. Effective January 1, 1996.)


text:
Fee revenues generated under this chapter in the south coast district shall be subvened to the south coast district by the Department of Motor Vehicles, after deducting its administrative costs pursuant to Section 44229, for expenditure in the following manner:

(a) (1) Thirty cents ($0.30) of every dollar subvened shall be used by the south coast district for programs to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies which are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990 (P.L. 101-549), the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3.

(2) Funds allocated pursuant to paragraph (1) shall also be used to provide technical assistance to cities receiving funds pursuant to subdivision (b). That technical assistance shall include, but not be limited to, workshops and direct assistance to individual cities on how to develop and implement programs to reduce air pollution from motor vehicles.

(b) (1) Forty cents ($0.40) of every dollar subvened shall be distributed by the district to cities and counties located in the south coast district, based upon their prorated share of population, to be used to implement programs to reduce air pollution from motor vehicles which are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. No city or county may receive funds pursuant to this subdivision unless, on or before April 1, 1992, or, for a newly incorporated city, within 90 days of the date of incorporation, the city or county has adopted and transmitted to the south coast district an ordinance which does all of the following:

(A) Expresses support for the adoption of motor vehicle registration fees to be used to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3.

(B) Expressly requires all fee revenues distributed to the city or county pursuant to this subdivision or subdivision (c) to be spent to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3.

(C) Establishes an air quality improvement trust fund into which all fee revenues distributed to the city or county shall be deposited, and out of which expenditures shall be made to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3.

(2) If a city or county fails to adopt an ordinance pursuant to this subdivision, the fee revenues which would be distributed to that city or county shall instead be distributed to the other cities and counties within the south coast district which have adopted an ordinance pursuant to this subdivision, based upon their prorated share of registered motor vehicles.

(c) Thirty cents ($0.30) of every dollar subvened shall be deposited by the district in an account to be used, pursuant to Section 44244, to provide grants to fund projects for the exclusive purpose of reducing air pollution from motor vehicles that are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3.

history: (History: Amended by Stats. 1995, Ch. 812, Sec. 1. Effective January 1, 1996.)


text:
(a) There is hereby created a regional Mobile Source Air Pollution Reduction Review Committee. The committee shall be comprised of one representative from each of the following agencies:

(1) The south coast district.

(2) The Southern California Association of Governments.

(3) The San Bernardino Associated Governments.

(4) The Los Angeles County Transportation Commission.

(5) The Orange County Transportation Commission.

(6) The Riverside County Transportation Commission.

(7) The state board.

(8) A regional ridesharing agency selected by the other members of the committee.

(b) Fees allocated pursuant to subdivision (c) of Section 44243 shall be used to provide grants for projects to be funded pursuant to a work program developed and adopted by the committee and approved by the south coast district board in the following manner:

(1) The work program shall be adopted by an affirmative vote of a majority of the committee members.

(2) Upon adoption of the work program, the work program shall be submitted to the south coast district board which, within 60 days, may approve the work program by majority vote of the full south coast district board. If the south coast district board fails to approve the work program within 60 days of receiving it, the work program shall be deemed disapproved. If the south coast district board disapproves the work program, it shall be returned to the committee which shall amend, readopt, and resubmit the work program to the south coast district board for approval or disapproval.

(c) The committee shall establish a technical advisory committee to assist in the development of the work program. The technical advisory committee shall include, but not be limited to, representatives of agencies which make up the committee, a representative of the cities from each county within the south coast district, and a representative of the boards of supervisors of each county within the south coast district. The technical advisory committee shall also include one or more persons who have academic training and professional expertise in air pollution control, and one person who is a mechanical engineer specializing in vehicle engines. The technical advisory committee may also include representatives of other public agencies and other interested parties that the committee may determine to be appropriate.

(d) On or before July 1, 1993, the committee shall prepare, adopt, and make available to the public clear and concise written guidelines and procedures under which projects proposed for funding under the work program will be reviewed and recommended for funding. The guidelines shall specify that only those projects that include, but are not limited to, the adoption and implementation of transportation control measures, transportation demand management programs, clean fuel and clean vehicle programs, and research and monitoring programs, in compliance with the Clean Air Act Amendments of 1990 (P.L. 101-549), the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3, and that result in direct and tangible reductions in vehicular air pollution, shall be funded pursuant to the work program.

(e) The south coast district shall not be eligible for funds allocated pursuant to this section.

history: (History: Amended by Stats. 1994, Ch. 721, Sec. 1. Effective September 22, 1994.)


text:
(a) Any agency which receives fee revenues pursuant to Section 44243 or 44244 shall, at least once every two years, be subject to an audit of each program or project funded. The audit shall be conducted by an independent auditor selected by the south coast district in accordance with Division 2 (commencing with Section 1100) of the Public Contract Code. The district shall deduct any audit costs which will be incurred pursuant to this section prior to distributing fee revenues to cities, counties, or other agencies pursuant to Sections 44243 and 44244.

(b) Upon completion of an audit conducted pursuant to subdivision (a), the south coast district shall do both of the following:

(1) Make the audit available to the public and to the affected agency upon request.

(2) Review the audit to determine if the revenues from the fees received by the agency were spent for the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988) or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3.

(c) If, after reviewing the audit, the south coast district determines that the revenues from the fees may have been expended in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3, the district shall do all of the following:

(1) Notify the agency of its determination.

(2) Within 45 days of the notification pursuant to paragraph (1), hold a public hearing at which the agency may present information related to expenditure of the revenues from the fees.

(3) After the public hearing, if the district determines that the agency has expended the revenues from the fees in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3, the district shall withhold these revenues from the agency in an amount equal to the amount which was inappropriately expended. Any revenues withheld pursuant to this paragraph shall be redistributed to the other agencies or, upon approval of the district board, to entities specified in the work programs developed by the mobile source advisory committee, to the extent the district determines that they have complied with this chapter.

(d) Any agency which receives fee revenues pursuant to Section 44243 or 44244 shall expend the funds within one year of the program or project completion date.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 108. Effective January 1, 1993.)


text:
The Legislature hereby finds and declares as follows:

(a) Existing programs to ensure that new motor vehicles sold in California emit less pollution may not be adequate to allow attainment of ambient air quality standards. Continued use of older high-emission motor vehicles, inadequate vehicle maintenance practices, and increases in vehicle miles traveled may overwhelm the gains from more stringent standards for new motor vehicles, and defeat state and local efforts to improve air quality.

(b) Substantial additional reductions in vehicle emissions can be achieved by retrofitting existing motor vehicles, enhancing vehicle maintenance practices, and installing additional pollution control equipment on new motor vehicles operated in nonattainment areas. Existing state programs are an impediment to the use of retrofits and additional equipment to reduce vehicle emissions and should be streamlined.

(c) Information on vehicle emissions should be provided to the driving public to encourage the manufacture and purchase of clean burning vehicles, to encourage retrofits of motor vehicles to reduce emissions, to encourage the application of enhanced motor vehicle maintenance practices on a routine basis, and to encourage reductions in vehicle miles traveled.

history: (History: Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)

chapter: 8. Smog Index Numbers

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 8. Smog Index Numbers


text:
(a) The state board shall specify smog index numbers for new light-duty passenger vehicles and light-duty trucks with a gross vehicle weight up to 6,000 pounds to be sold in California. That smog index shall be based on certification data quantifying tailpipe and evaporative emissions of ozone precursor chemicals for classes of vehicles.

(b) For diesel fuel vehicles, the smog index shall be based on certification data quantifying tailpipe emissions of ozone precursor chemicals and particulate matter. Particulate emissions from diesel fuel vehicles certified to model year standards that did not include a particulate limit may be assumed to be equal to particulate emissions for model year 1985 diesel fuel vehicles.

(c) The state board shall specify the relative weight of emissions of ozone precursor chemicals and particulates in the smog index values for diesel vehicles. This weighting shall be based on the relative importance of each category of emissions to air quality problems in California.

(d) Smog index number 1.0 shall be assigned to a hypothetical light-duty passenger vehicle, a hypothetical light-duty truck with a gross vehicle weight of 3,750 pounds or less, and a hypothetical light-duty truck with a gross vehicle weight of greater than 3,750 pounds up to 6,000 pounds, emitting the maximum amount of pollution allowed for that class of vehicle certified for sale in this state as of the January 1 immediately preceding the operative date of this section. The state board shall determine the existing class or classes of vehicles to which the smog index shall be applied.

history: (History: Amended (as added by Stats. 1994, Ch. 1192) by Stats. 1996, Ch. 1154, Sec. 28. Effective September 30, 1996. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)


text: The state board, in consultation with the bureau, shall establish smog index numbers for classes or categories of vehicles that may be modified by the use of an emissions retrofit device.


text: If the Environmental Protection Agency adopts a system that provides for the assignment of one or more index numbers to vehicles in a manner, and for purposes, similar to the smog index provided for in this chapter, the state board shall adopt the index numbers assigned to vehicles by the Environmental Protection Agency as the smog index, but shall also specify a smog index consistent with the federal index system for any vehicle subject to this chapter for which the Environmental Protection Agency has not specified an index number.


text:
(a) The state board shall publish the smog index numbers in a form that is convenient for use by the Department of Motor Vehicles, the bureau, vehicle owners, manufacturers, dealers, and consumers shopping for a new or used motor vehicle of a particular type.

(b) The state board, in consultation with the Environmental Protection Agency, shall adopt regulations specifying a form of decal to be affixed by manufacturers to new motor vehicles pursuant to Section 43200.5 to inform purchasers of the smog index for the vehicle, a smog index chart listing vehicle model years and the corresponding smog index for that model year to be affixed by motor vehicles dealers to used motor vehicles pursuant to subdivision (c) of Section 43705, and information to inform purchasers of the significance of the smog index and smog index chart.

(c) The state board, in consultation with the Department of Motor Vehicles, shall specify a form of notice to be provided by the Department of Motor Vehicles to each owner of a motor vehicle registered in this state, informing the owner of the smog index for the vehicle and the significance of the smog index.


text: This chapter shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this chapter, and on the January 1 following that date is repealed.

history: (History: Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Repealed on date prescribed by its own provisions. Note: Termination clause affects Chapter 8, commencing with Section 44250.)


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Car sharing” means a model of vehicle rental where users can rent vehicles for short periods of time and users are members that have been preapproved to drive.

(b) “Disadvantaged community” means a community identified by the California Environmental Protection Agency pursuant to Section 39711.

(c) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals.

(d) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the state board.

history: (History: Added by Stats. 2014, Ch. 530, Sec. 3. (SB 1275) Effective January 1, 2015.)

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 8.5. Clean Car Incentive Program Requirements


text:
(a) Any moneys utilized pursuant to this chapter from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall be consistent with the appropriations processes and criteria established by the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2).

(b) The Charge Ahead California Initiative is hereby established and shall be administered by the state board. The goals of this initiative are to place in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, to establish a self-sustaining California market for zero-emission and near-zero-emission vehicles in which zero-emission and near-zero-emission vehicles are a viable mainstream option for individual vehicle purchasers, businesses, and public fleets, to increase access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles, and to increase the placement of those vehicles in those communities and with those consumers to enhance the air quality, lower greenhouse gases, and promote overall benefits for those communities and consumers.

(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, districts, and the public, shall do all of the following:

(1) (A) Include, commencing with the funding plan for the 2016–17 fiscal year of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9), a funding plan that includes the immediate fiscal year and a forecast of estimated funding needs for the subsequent two fiscal years commensurate with meeting the goals of this chapter. Funding needs may be described as a range that identifies the projected high and low funding levels needed for the two-year forecast period to contribute to technology advancement, market readiness, and consumer acceptance of zero- and near-zero-emission vehicle technologies. The funding plan shall include a market and technology assessment for each funded zero- and near-zero-emission vehicle technology to inform the appropriate funding level, incentive type, and incentive amount. The forecast shall include an assessment of when a self-sustaining market is expected and how existing incentives may be modified to recognize expected changes in future market conditions.

(B) Projects included in the forecast may include, but are not limited to, any of the following:

(i) The Clean Vehicle Rebate Project, established pursuant to Section 44274.

(ii) Light-duty zero-emission and near-zero-emission vehicle deployment projects eligible under the Alternative and Renewable Fuel and Vehicle Technology Program, established pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9.

(iii) Programs adopted pursuant to paragraph (4).

(2) Update the plan required pursuant to paragraph (1) at least every three years through January 1, 2023.

(3) No later than June 30, 2015, adopt revisions to the criteria and other requirements for the Clean Vehicle Rebate Project, established pursuant to Section 44274, to ensure the following:

(A) Rebate levels can be phased down in increments based on cumulative sales levels as determined by the state board.

(B) Eligibility is limited based on income.

(C) Consideration of the conversion to prequalification and point-of-sale rebates or other methods to increase participation rates.

(4) (A) Establish programs that further increase access to and direct benefits for disadvantaged, low-income, and moderate-income communities and consumers from electric transportation, including, but not limited to, any of the following:

(i) Financing mechanisms, including, but not limited to, a loan or loan-loss reserve credit enhancement program to increase consumer access to zero-emission and near-zero-emission vehicle financing and leasing options that can help lower expenditures on transportation and prequalification or point-of-sale rebates or other methods to increase participation rates among low- and moderate-income consumers.

(ii) Car sharing programs that serve disadvantaged communities and utilize zero-emission and near-zero-emission vehicles.

(iii) Deployment of charging infrastructure in multiunit dwellings in disadvantaged communities to remove barriers to zero-emission and near-zero-emission vehicle adoption by those who do not live in detached homes. This clause does not preclude the Public Utilities Commission from acting within the scope of its jurisdiction.

(iv) Additional incentives for zero-emission, near-zero-emission, or high-efficiency replacement vehicles or a mobility option available to participants in the enhanced fleet modernization program, established pursuant to Article 11 (commencing with Section 44124) of Chapter 5.

(B) Programs implemented pursuant to this paragraph shall provide adequate outreach to disadvantaged, low-income, and moderate-income communities and consumers, including partnering with community-based organizations.

(5) (A) Require agricultural vanpool programs, including, but not limited to, the agricultural worker vanpools pilot project implemented by the state board pursuant to this chapter, to serve disadvantaged communities, as defined in Section 39711, and low-income communities, as defined in Section 39713, and allocate a minimum of 25 percent of the moneys appropriated by the Legislature for agricultural vanpool programs to those programs servicing low-income communities.

(B) For the purposes of this paragraph, hybrid vehicle technology shall remain an eligible vehicle technology until the state board determines that a more cost-effective and cleaner alternative becomes commercially available.

history: (History: Amended by Stats. 2018, Ch. 364, Sec. 1. (AB 2006) Effective January 1, 2019.)

chapter: 8.5. Clean Car Incentive Program Requirements


text:
(a) For the purposes of this section, the following terms mean the following:

(1) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code.

(2) “Retail seller” has the same meaning as set forth in subdivision (j) of Section 399.12 of the Public Utilities Code.

(3) “Transportation electrification” has the same meaning as set forth in Section 237.5 of the Public Utilities Code.

(b) The state board shall identify and adopt appropriate policies, rules, or regulations to remove regulatory disincentives preventing retail sellers and local publicly owned electric utilities from facilitating the achievement of greenhouse gas emission reductions in other sectors through increased investments in transportation electrification. Policies to be considered shall include, but are not limited to, an allocation of greenhouse gas emissions allowances to retail sellers and local publicly owned electric utilities, or other regulatory mechanisms, to account for increased greenhouse gas emissions in the electric sector from transportation electrification.

history: (History: Amended by Stats. 2016, Ch. 677, Sec. 1. (SB 1393) Effective January 1, 2017.)


text:
(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).

(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, 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 an opportunity to become prequalified for an incentive is provided in order to ensure that the incentive 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.

(2) If the state board finds it infeasible to adopt the revisions described in paragraph (1) to the requirements, the state board shall prepare, on or before July 1, 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.

(C) Where appropriate, an identification of any necessary statutory changes that would enable the proposed revisions.

history: (History: Added by Stats. 2022, Ch. 371, Sec. 3. (SB 1230) Effective January 1, 2023.)


text: The state board, in conjunction with the State Energy Resources Conservation and Development Commission, shall develop and administer a program to provide grants to individuals, local governments, public agencies, nonprofit organizations, and private businesses, to encourage the purchase or lease of a new zero-emission vehicle. The state board may reserve, allocate, and reallocate funds to any of those potential grant recipients. The state board shall periodically review grant applications and the award of grants to ensure, to the greatest extent possible, that all grant funds are used. The state board may reduce or eliminate grants awarded pursuant to this chapter if the state board determines that the recipient received a grant for the purchase or lease of a zero-emission vehicle in the Budget Act of 2001.

history: (History: Amended by Stats. 2001, Ch. 763, Sec. 3. Effective January 1, 2002.)

chapter: 8.6. Zero-Emission Vehicle Grants

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 8.6. Zero-Emission Vehicle Grants


text:
(a) The maximum available grant for any qualified recipient, as determined by the state board, shall be an amount equal to 90 percent of the incremental cost above one thousand dollars ($1,000) of a new zero-emission light-duty car or truck eligible for the program.

(b) For the purposes of this chapter:

(1) “Incremental cost” means the amount determined by the State Energy Resources Conservation and Development Commission as the reasonable difference between the cost of the zero-emission vehicle and the cost of a comparable gasoline or diesel fueled vehicle.

(2) “New zero-emission vehicle” shall include previously leased vehicles that have been substantially upgraded, as determined by the state board, with new technologies, including, but not necessarily limited to, advanced batteries or power electronics.

history: (History: Added by Stats. 2000, Ch. 1072, Sec. 1. Effective September 30, 2000.)


text:
Grants made pursuant to this chapter shall be distributed in the following manner, in amounts as determined by the state board:

(a) Up to three thousand dollars ($3,000) of the available grant funds may be provided for the first 12-month period of the lease or purchase of the vehicle.

(b) Up to three thousand dollars ($3,000) of the remaining available grant funds may be provided for the second 12-month period of the lease or purchase of the vehicle.

(c) Up to three thousand dollars ($3,000) of the remaining available grant funds may be provided for the third 12-month period of the lease or purchase of the vehicle.

(d) No grant funds shall be provided following the third 12-month period of the lease or purchase of the vehicle.


text:
In order to be eligible to receive a grant under this chapter, a zero-emission vehicle shall meet all of the following criteria:

(a) Be purchased on or leased on or after October 1, 2000, and on or before December 31, 2002. For purposes of this subdivision, a vehicle shall be deemed to be leased on the date upon which the lease of the vehicle commences.

(b) Be registered with the Department of Motor Vehicles for use in this state.

(c) Meet all applicable federal and state safety standards, or, if the vehicle is to be utilized solely for a demonstration program, have received the applicable waivers from the National Highway Traffic Safety Administration.

(d) Be capable of operation on a freeway, as determined by the state board in conjunction with the State Energy Resources Conservation and Development Commission.

(e) Any other criteria established by the state board.


text:
(a) The grant program described in this chapter may be administered by a local air management district or air pollution control district on a voluntary basis.

(b) Any district that voluntarily administers this grant program is authorized to provide grants from its own funding sources in an amount of five hundred dollars ($500) to one thousand dollars ($1,000) or more per year for each qualified zero-emission vehicle registered within the boundaries of its territorial jurisdiction.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 148. Effective January 1, 2003.)


text:
As used in this chapter, the following terms have the following meanings:

(a) “Battery” means an electrochemical energy storage system powered directly by electrical current.

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

(c) “Electric vehicle” means a vehicle that uses a plug-in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle.

(d) “Electric vehicle charging station” means one or more publicly available parking spaces served by electric vehicle service equipment.

(e) “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle.

(f) “Interoperability billing standards” means the ability for a member of one electric charging station billing network to use another billing network.

(g) “Network roaming” means the act of a member of one electric vehicle charging station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account information.

(h) “Publicly available parking space” means a parking space that has been designated by a property owner or lessee to be available to, and accessible by, the public and may include on-street parking spaces and parking spaces in surface lots or parking garages. “Publicly available parking space” shall not include a parking space that is part of, or associated with, a private residence, a parking space that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, such as employees, tenants, visitors, residents of a common interest development, or residents of an adjacent building, or a parking space provided by a producer of electric vehicles as a service. Nothing in this article limits the ability of an owner or lessee of a publicly available parking space whose primary business is other than electric vehicle charging from restricting use of the parking space, such as limiting use to customers and visitors of the business.

history: (History: Amended by Stats. 2023, Ch. 52, Sec. 3. (SB 123) Effective July 10, 2023.)

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 8.7. Electric Vehicle Charging Stations Open Access Act


text:
(a) (1) Persons desiring to use an electric vehicle charging station that requires payment of a fee shall not be required to pay a subscription fee in order to use the station, and shall not be required to obtain membership in any club, association, or organization as a condition of using the station. The total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, shall be disclosed to the public at the point of sale.

(2) Notwithstanding paragraph (1), an electric vehicle charging station may offer services on a subscription- or membership-only basis provided those electric vehicle charging stations allow nonsubscribers or nonmembers the ability to use the electric vehicle charging station through the payment options detailed in paragraph (3).

(3) (A) An electric vehicle charging station that requires payment of a fee and that is first installed or first made publicly available on or after July 10, 2023, at a minimum, shall provide both of the following:

(i) A contactless payment method that accepts major credit and debit cards. For purposes of this clause, “contactless payment method” means a secure method for consumers to purchase services using a debit card, credit card, smartcard, or another payment device, by using radio frequency identification (RFID) technology and near-field communication (NFC).

(ii) Either an automated toll-free telephone number or a short message system (SMS) that provides the electric vehicle charging customer with the option to initiate a charging session and submit payment.

(B) A direct current fast charging station that is first installed or first made publicly available on or after July 10, 2023, shall also include Plug and Charge payment capabilities meeting the International Organization for Standardization (ISO) 15118 standard no later than July 10, 2024.

(C) The commission may modify, add to, or subtract from the payment methods required by this paragraph, as appropriate in light of changing technologies or cost impacts.

(b) Notwithstanding subdivision (a), an electric vehicle charging station may require payment for charging services to be made through the use of an internet-based application if the electric vehicle charging station is on the premises of an arena that has a seating capacity of at least 15,000 seats and can only be accessed through the use of that internet-based application.

(c) The service provider of electric vehicle service equipment at an electric vehicle charging station or its designee shall disclose to the National Renewable Energy Laboratory the electric vehicle charging station’s geographic location, a schedule of fees, accepted methods of payment, and the amount of network roaming charges for nonmembers, if any.

(d) Electric vehicle charging stations shall be labeled in accordance with Part 309 of Title 16 of the Code of Federal Regulations, and, where commercially reasonable and feasible, may be clearly marked with appropriate directional signage in the parking area or facility where they are located.

(e) (1) If no interoperability billing standards have been adopted by a national standards organization by January 1, 2015, the commission may adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations. If the commission adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within one year. Any standards adopted by the commission shall consider other governmental or industry-developed interoperability billing standards and may adopt interoperability billing standards promulgated by an outside authoritative body.

(2) (A) The commission shall apply any network roaming standards adopted pursuant to this section only to major electric vehicle charging network providers.

(B) (i) For purposes of this section, “major electric vehicle charging network provider” means an electric vehicle charging network provider that manages at least 100 publicly available electric vehicle charging stations in the state.

(ii) Notwithstanding clause (i), the commission may increase the number of publicly available electric vehicle charging stations a major electric vehicle charging network provider must manage in its network before triggering network roaming standards as part of any standards adopted pursuant to this section.

(C) Network roaming standards adopted pursuant to this section shall require major electric vehicle charging network providers to accept payment for charging made by users from multiple other major electric vehicle charging network providers and automakers to simplify drivers’ ability to find an electric vehicle charging station and pay for charging.

(D) Network roaming standards adopted pursuant to this section shall ensure major electric vehicle charging network providers maintain the ability to choose bilateral or hub-based agreements for roaming agreements.

history: (History: Amended by Stats. 2025, Ch. 770, Sec. 1.5. (SB 533) Effective January 1, 2026.)

chapter: 8.7. Electric Vehicle Charging Stations Open Access Act


text:
(a) Except as provided in subdivision (b), this chapter shall be implemented and enforced by the commission.

(b) Until the commission adopts regulations implementing this chapter, the state board has the authority to enforce this chapter. Regulations adopted by the commission to implement this chapter shall supersede any regulations adopted by the state board implementing this chapter.

history: (History: Added by Stats. 2023, Ch. 52, Sec. 5. (SB 123) Effective July 10, 2023.)


text:
For purposes of this chapter, the following definitions apply, unless updated pursuant to Section 44269.1:

(a) “Battery electric vehicle” means a vehicle that operates solely by use of an electric battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation.

(b) “Beneficial bidirectional-capable use case” means the usage of bidirectional-capable battery electric vehicles and bidirectional electric vehicle service equipment in a manner that results in electrical reliability and resiliency benefits and cost savings to the battery electric vehicle operator and is compatible with battery electric vehicle operator needs.

(c) “Bidirectional-capable vehicle” means a battery electric vehicle capable of both charging and discharging electricity.

(d) “Bidirectional charging” means a charging capability that enables a battery electric vehicle to be charged by either the electrical grid or an onsite clean energy resource, and to discharge stored energy capacity through electric vehicle service equipment to either serve load or export it to the electrical grid.

(e) “Bidirectional electric vehicle service equipment” means electric vehicle service equipment capable of both charging and discharging electricity from a battery electric vehicle.

(f) “Board” means the State Air Resources Board.

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

(h) “Electric vehicle service equipment” has the same meaning as defined in Section 44268.

history: (History: Added by Stats. 2024, Ch. 765, Sec. 2. (SB 59) Effective January 1, 2025.)

chapter: 8.8. Electric Vehicles

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 8.8. Electric Vehicles


text:
(a) The board may periodically update the definitions for both of the following terms provided in Section 44269 to ensure that the definitions align with current technologies in bidirectional charging and account for ongoing innovation:

(1) Battery electric vehicle.

(2) Bidirectional-capable vehicle.

(b) The commission may periodically update the definitions for the following terms provided in Section 44269 to ensure that the definitions align with current technologies in bidirectional charging and account for ongoing innovation:

(1) Beneficial bidirectional-capable use case.

(2) Bidirectional charging.

(3) Bidirectional electric vehicle service equipment.

(4) Electric vehicle service equipment.


text:
(a) (1) The commission, in consultation with the board and the Public Utilities Commission, may require any weight class of battery electric vehicle to be bidirectional-capable if it determines there is a sufficiently compelling beneficial bidirectional-capable use case to the battery electric vehicle operator and electrical grid.

(2) In its analysis, the commission shall consider vehicle readiness and duty cycles required of vehicles operated by essential service providers.

(b) This section does not prohibit the board from crediting a manufacturer of a battery electric vehicle that voluntarily includes bidirectional capability for that battery electric vehicle weight class.


text: This chapter shall be known, and may be cited, as the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007.

history: (History: Added by Stats. 2007, Ch. 750, Sec. 5. Effective January 1, 2008.)

article: 1. General Provisions

path: 26. AIR RESOURCES > 5. VEHICULAR AIR POLLUTION CONTROL > 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 > 1. General Provisions


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

(1) “Benefit-cost score,” for the Clean Transportation Program created pursuant to Section 44272, means a project’s expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund.

(2) “California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.

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

(4) “Full fuel-cycle assessment” or “life-cycle assessment” means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following:

(A) Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein.

(B) Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein.

(C) Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation.

(5) “Tribal organization” means a corporation, association, or group controlled, sanctioned, or chartered by a California Native American tribe that is subject to its laws, the laws of the State of California, or the laws of the United States.

(6) “Vehicle technology” means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials.

(b) For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following terms have the following meanings:

(1) “Benefit-cost score” means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project.

(2) “Project” means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274.

history: (History: Amended by Stats. 2023, Ch. 319, Sec. 4. (AB 126) Effective October 7, 2023.)

chapter: 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007

article: 1. General Provisions


text:
(a) This chapter creates the Clean Transportation Program, pursuant to Section 44272, to be administered by the commission, and the Air Quality Improvement Program, pursuant to Section 44274, to be administered by the state board. The commission and the state board shall do all of the following in fulfilling their responsibilities pursuant to their respective programs:

(1) Establish sustainability goals to ensure that alternative and renewable fuel and vehicle deployment projects, on a full fuel-cycle assessment basis, will not adversely impact natural resources, especially state and federal lands.

(2) Establish a competitive process for the allocation of funds for projects funded pursuant to this chapter, which considers, among other factors, the benefit-cost score, as defined in subdivision (a) of Section 44270.3, associated with a project for the Clean Transportation Program or, as defined in paragraph (1) of subdivision (b) of Section 44270.3, associated with a project, as defined in paragraph (2) of subdivision (b) of Section 44270.3, for the Air Quality Improvement Program.

(3) Identify additional federal and private funding opportunities to augment or complement the programs created pursuant to this chapter.

(4) Ensure that the results of the reductions in emissions or benefits can be measured and quantified.

(5) Ensure that those revenues derived from fees imposed on motor vehicles that are expended pursuant to this chapter are expended in compliance with Section 3 of Article XIX of the California Constitution, as were the revenues derived from fees imposed on motor vehicles pursuant to Assembly Bill 118 (Chapter 750 of the Statutes of 2007).

(b) The state board, in consultation with the commission, shall develop and adopt guidelines for both the Clean Transportation Program and the Air Quality Improvement Program to ensure that programs meet both of the following requirements:

(1) Activities undertaken pursuant to the programs complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant and greenhouse gas emissions.

(2) Activities undertaken pursuant to the programs maintain or improve upon emission reductions and air quality benefits in the State Implementation Plan for Ozone, California Phase 2 Reformulated Gasoline standards, and diesel fuel regulations.

(c) For the purposes of both of the programs created by this chapter, eligible projects do not include those required to be undertaken pursuant to state or federal law, district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. For the purposes of the Clean Transportation Program, the state board shall advise the commission to ensure the requirements of this subdivision are met.

history: (History: Amended by Stats. 2023, Ch. 319, Sec. 5. (AB 126) Effective October 7, 2023.)

article: 1. General Provisions


text: The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

history: (History: Added by Stats. 2021, Ch. 258, Sec. 12. (SB 155) Effective September 23, 2021.)

article: 1. General Provisions