BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 118
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          ASSEMBLY THIRD READING
          AB 118 (Nunez)
          As Amended June 1, 2007
          Majority vote 

           TRANSPORTATION      9-4         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Nava, Carter, DeSaulnier, |Ayes:|Leno, Caballero, Davis,   |
          |     |Galgiani, Karnette,       |     |DeSaulnier, Huffman,      |
          |     |Portantino, Ruskin,       |     |Karnette, Krekorian,      |
          |     |Solorio, De Leon          |     |Lieu, Ma, Nava, Solorio,  |
          |     |                          |     |Feuer                     |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Duvall, Garrick, Houston, |Nays:|Walters, Emmerson, La     |
          |     |Huff                      |     |Malfa, Nakanishi, Sharon  |
          |     |                          |     |Runner                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Enacts the California Alternative and Renewable Fuel,  
          Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007.  
           Specifically,  this bill  :  

          1)Makes numerous findings and declarations relative to  
            greenhouse gas emissions as well as the need to develop  
            alternative fuels and vehicle technology.  

          2)Establishes definitions for alternative fuel, commission, and  
            full fuel-cycle or life-cycle assessment.  

          3)Creates the Air Quality Improvement Program to fund air  
            quality improvement projects, upon appropriation, relating to  
            fuel and vehicle technologies.  Requires the California Air  
            Resources Board (ARB) to administer the programs in  
            coordination with the Energy Resources Conservation and  
            Development Commission (CEC) and other state agencies it deems  
            appropriate.  Eligible projects for funding include, but are  
            not limited to, the following:  

             a)   Off-road equipment projects to mitigate for criteria air  
               pollutant and toxic air contaminant emissions not required  
               by control measures;  

             b)   Projects that provide mitigation for air pollution  








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               resulting from on-road emissions prior to 2012 that were  
               associated with gas formulations resulting from the phase  
               out of methyl tertiary-butyl ether and its replacement,  
               ethanol;  

             c)   Projects that provide mitigation for off-road gasoline  
               exhaust and evaporative emissions not currently regulated  
               by ARB;  

             d)   Projects that provide research to determine the air  
               quality impacts of alternative fuels and projects that  
               study the life-cycle.  Impacts of alternative fuels and  
               conventional fuels, the emissions of biofuel and advanced  
               reformulated gasoline mixes, and air pollution improvement  
               and control technologies for use with alternative fuels and  
               vehicles;  

             e)   Projects that augment the University of California's  
               Agriculture Extension Program as specified;  

             f)   Incentives for small off-road equipment replacement to  
               encourage consumers to replace internal combustion engine  
               lawn and garden equipment; and,  

             g)   Incentives for heavy-duty vehicles and equipment  
               mitigation, as specified.  

          4)Creates the Air Quality Improvement Fund to be administered by  
            ARB.  Increases the annual smog abatement fee imposed upon  
            vehicles exempted from smog check from $12 to $20.  Requires  
            that $4 of the increase be deposited into the Air Quality  
            Improvement Fund until January 1, 2016.  

          5)Creates the Alternative and Renewable Fuel, Vehicle  
            Technology, Carbon Reduction, and Clean Air Program as  
            follows:  

             a)   Requires the CEC, in partnership with ARB and other  
               state agencies it deems appropriate, to administer the  
               program;  

             b)   Requires ARB to adopt and submit to CEC criteria to  
               ensure that the activities are complementary and not  
               interfere with efforts to achieve and maintain federal and  








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               state air quality standards and reduce toxic air  
               contaminants;

             c)   Provides grants and revolving loans to public agencies,  
               California-based businesses, public-private partnerships,  
               vehicle technology and consortia for attainment of climate  
               change policies;  

             d)   Establishes complementary funding to existing public and  
               private investments;  

             e)   Requires CEC to establish an advisory body to implement  
               program strategies.  The advisory body is to include  
               representatives from the State Resources Agency, the  
               Business, Transportation and Housing Agency, Cal EPA, and  
               other representatives as specified;  

             f)   Requires CEC, in coordination with ARB and the advisory  
               body, to establish criteria and priorities for the awarding  
               of the grant funds in accordance with specified criteria;  
               and,  

             g)   Establish a listing of projects eligible for funding  
               from the program.  

          6)Creates the Alternative and Renewable Fuel, Vehicle  
            Technology, Carbon Reduction, and Clean Air Fund (Alternative  
            and Renewable Fuel Fund) to be administered by the Energy  
            Commission.  Provides revenue sources to the Alternative and  
            Renewable Fuel Fund as follows:

             a)   Requires $5 million to be transferred annually from the  
               Public Interest Research, Development, and Demonstration  
               Fund;  

             b)   Transfers $30 million from the Williams settlement  
               funds;  

             c)   Transfers $6.5 million from the Motor Vehicle Account;  

             d)   Requires that $4 of the $8 increase in the smog  
               abatement fee (as proposed by the bill), be deposited until  
               January 1, 2016;  









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             e)   Requires $2 from the proposed increase of the vehicle or  
               trailer coach registration fee from $31 to $33 be deposited  
               until January 1, 2016; 

             f)   Require s$5 from the proposed service fee increase for  
               special identification plates from $15 to $20 be deposited  
               until January 1, 2016;  

             g)   Requires$10-$20 from the proposed vessel registration  
               fee increase be deposited until January 1, 2016; and, 

             (Note:  Of the $20 increase, the bill directs the deposit of  
               $10, but not the additional $10.)

             h)   Require $1 from the proposed increase in driver's  
               license fees be deposited until January 1, 2016.  

           EXISTING LAW  :  

          1)Imposes various limitations on emissions of air contaminants  
            for the control of air pollution from vehicular and  
            nonvehicular sources.  
           
          2)Designates ARB as the state agency with the primary  
            responsibility for the control of vehicular air pollution.  

          3)Requires ARB and Energy Commission, in conjunction with other  
            state agencies, to develop and adopt a state plan to increase  
            the use of alternative fuels, as defined.  

          4)Requires, on or before January 1, 2008, ARB to adopt  
            regulations requiring greenhouse gas emission sources to  
            monitor and report their emissions to ARB, and specifies  
            detailed criteria for the adoption and compliance with those  
            regulations.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee: 

          1)Costs, in the tens of millions of dollars annually starting in  
            2009-10, to ARB to administer the Air Quality Improvement  
            Program.  Funding for this program could come from the Motor  
            Vehicle Account, eligible Proposition 1B bond proceeds,  
            increases in or reallocations from current special excise  








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            fees, new fees or the General Fund.

          2)     Costs, in the tens of millions of dollars annually  
            starting in 2009-10, to Energy Commission to administer and  
            award grants under the Alternative and Renewable Fuel, Vehicle  
            Technology, Carbon Reduction, and Clean Air Program.  (Same  
            funding sources)

           COMMENTS  :  

          1)It is the author's contention that "in order to achieve the  
            low-carbon fuel standard currently being developed by ARB, it  
            will be necessary to replace 20% of gasoline consumption with  
            lower carbon fuels and increase the number of alternative fuel  
            or hybrid vehicles to more than seven million.  These  
            estimates represent a tripling of the state's renewable fuels  
            market and a 20 fold increase in alternative or hybrid  
            vehicles over what are on the road today.  

            "California currently lacks the alternative fueling  
            infrastructure and fueling and vehicle options necessary to  
            meet this requirement.  By providing incentives and funding  
            for the necessary research, development, and deployment,  
            California can enjoy the economic benefits of developing  
            in-state technologies and clean alternative fuels while  
            protecting and promoting our superior environmental  
            standards."  

          2)Support:  Proponents of this bill contend that the state  
            currently lacks an ongoing funding source for research,  
            development, and deployment of clean fuels and advanced  
            vehicle technologies.  They further believe that the bill can  
            be an important vehicle to help assist in the diversification  
            and transition of California's transportation fuels market to  
            cleaner, less carbon intensive alternative fuels.  


           Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093 


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