SECTIONS 44282-44282.5 - California Statutes

HEALTH AND SAFETY CODE

SECTION 44282-44282.5

44282. The following criteria apply to all projects to be funded
through the program except for projects funded through the Advanced
Technology Account and the Infrastructure Demonstration Program:
(a) The state board may establish project criteria, including
minimum project life for source categories, in the guidelines
described in Section 44287. For previously unregulated source
categories, project criteria shall consider the timing of newly
established regulatory requirements.
(b) To be eligible, projects shall meet the cost-effectiveness per
ton of covered emissions reduced requirements of Section 44283.
(c) To be eligible, retrofits, repowers, and installation of
add-on equipment for covered vehicles shall be performed, or new
covered vehicles delivered to the end user, or covered vehicles
scrapped on or after the date the program is implemented.
(d) Retrofit technologies, new engines, and new vehicles shall be
certified for sale or under experimental permit for operation in
California.
(e) Repower projects that replace older, uncontrolled engines with
new, emissions-certified engines or that replace emissions-certified
engines with new engines certified to a more stringent NOx emissions
standard are approvable subject to the other applicable selection
criteria. The state board shall determine appropriate baseline
emission levels for the uncontrolled engines being replaced.
(f) For heavy-duty-vehicle projects, retrofit and add-on equipment
projects shall document a NOx or PM emission reduction of at least
25 percent and no increase in other covered emissions compared to the
applicable baseline emissions accepted by the state board for that
engine year and application. The state board shall determine
appropriate baseline emission levels. Acceptable documentation shall
be defined by the state board. After study of available emission
reduction technologies and after public notice and comment, the state
board may revise the minimum percentage emission reduction criterion
for retrofits and add-on equipment provided for in this section to
improve the ability of the program to achieve its goals.
(g) (1) For heavy-duty-vehicle projects involving the purchase of
new very low or zero-emission vehicles, engines shall be certified to
an optional low NOx emissions standard established by the state
board, except as provided for in paragraph (2).
(2) For heavy-duty-vehicle projects involving the purchase of new
very low or zero-emission covered vehicles for which no optional low
NOx emission standards are available, documentation shall be provided
showing that the low or zero-emission engine emits not more than 70
percent of the NOx or NOx plus hydrocarbon emissions of a new engine
certified to the applicable baseline NOx or NOx plus hydrocarbon
emission standard for that engine and meets applicable particulate
standards. The state board shall specify the documentation required.
If no baseline emission standard exists for new vehicles in a
particular category, the state board shall determine an appropriate
baseline emission level for comparison.
(h) For projects other than heavy-duty-vehicle projects, the state
board shall determine appropriate criteria under the provisions of
Section 44287.
(i) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

44282. The following criteria apply to all projects to be funded
through the program except for projects funded through the Advanced
Technology Account and the Infrastructure Demonstration Program:
(a) Except for projects involving marine vessels, 75 percent or
more of vehicle miles traveled or hours of operation shall be
projected to be in California for at least five years following the
grant award. Projects involving marine vessels and engines shall be
limited to those that spend enough time operating in California air
basins over the lifetime of the project to meet the
cost-effectiveness criteria based on NOx reductions in California, as
provided in Section 44283.
(b) To be eligible, projects shall meet cost-effectiveness per ton
of NOx reduced requirements of Section 44283.
(c) To be eligible, retrofits, repowers, and installation of
add-on equipment for covered vehicles shall be performed, or new
covered vehicles delivered to the end user, on or after the date the
program is implemented.
(d) Retrofit technologies, new engines, and new vehicles shall be
certified for sale or under experimental permit for operation in
California.
(e) Repower projects that replace older, uncontrolled engines with
new, emissions-certified engines or that replace emissions-certified
engines with new engines certified to a more stringent NOx emissions
standard are approvable subject to the other applicable selection
criteria. The state board shall determine appropriate baseline
emission levels for the uncontrolled engines being replaced.
(f) Retrofit and add-on equipment projects shall document a NOx
emission reduction of at least 25 percent and no increase in
particulate emissions compared to the applicable baseline emissions
accepted by the state board for that engine year and application. The
state board shall determine appropriate baseline emission levels.
Acceptable documentation shall be defined by the state board. After
study of available emission reduction technologies and after public
notice and comment, the state board may revise the minimum percentage
NOx reduction criterion for retrofits and add-on equipment provided
for in this section to improve the ability of the program to achieve
its goals.
(g) (1) For projects involving the purchase of new very low or
zero-emission vehicles, engines shall be certified to an optional low
NOx emissions standard established by the state board, except as
provided for in paragraph (2).
(2) For projects involving the purchase of new very low or
zero-emission covered vehicles for which no optional low NOx emission
standards are available, documentation shall be provided showing
that the low or zero-emission engine emits not more than 70 percent
of the NOx or NOx plus hydrocarbon emissions of a new engine
certified to the applicable baseline NOx or NOx plus hydrocarbon
emission standard for that engine and meets applicable particulate
standards. The state board shall specify the documentation required.
If no baseline emission standard exists for new vehicles in a
particular category, the state board shall determine an appropriate
baseline emission level for comparison.
(h) This section shall become operative on January 1, 2015.

44282.5. (a) An off-road project that involves farm equipment shall
be deemed to have a minimum project life of at least 10 years.
(b) A grant may be awarded for a project described in subdivision
(a) regardless of the time period between the date the application
for funding was submitted and the compliance date required by any
local, state, or federal statute, regulation, rule, memorandum of
agreement, memorandum of understanding, or other legal restriction or
legally binding document that requires the change in equipment,
vehicle, or operation involved in the project, provided the project
is not funded after the date for compliance.