House of Representatives

SB 1249

diesel vehicles; fuels program continuation

Sponsors: Sen. Guenther; Rep. Allen

 

DPA

Committee on Environment

x

Committee on Appropriations

 

Caucus and COW

 

 

As Passed the House

 

SB 1249 removes Arizona Clean Air Fund (ACAF) funding for a variety of programs and terminates the program 6/30/06; the in lieu also terminates 6/30/06.  The remaining programs in the ACAF are: diesel conversion (with revisions), statewide fueling stations for CNG or LPG and  a $2 million transfer  to reduce the vehicle emissions inspections (VEI) fees in Area A and B.

 

History

The Arizona Clean Air Fund (ACAF) is comprised primarily of monies generated from in lieu emissions testing fees. Currently, owners of vehicles that are 5 years old or newer have the option of either completing the required emissions test or paying an “in-lieu” fee. In FY 2000 the ACAF received $10.6 million of revenue from in-lieu fees. The JLBC Staff estimates that this amount will grow to $11.7 million in FY 2001. This growth is the result of a higher in-lieu fees charged between July and December 2000. During those months, the Maricopa County fee increased from $25 to $31.50. The growth is also a result of an estimated 2% increase in vehicle population. In FY 2002 and FY 2003, the JLBC Staff estimates that revenues will remain at approximately $11.7 million annually.

 

 

Provisions

Arizona Clean Air Fund 

·        The ACAF is repealed from and after June 30, 2006. (session law section 9)  (Changes to the program in the bill are effective 10/1/01.)  (session law section 8)

·        Fifty percent of monies deposited in the ACAF for FY 2000-2001 (current law is through FY 2009-2010) are to be used to provide grants to persons who entered into a contract or signed a purchase order for the purchase, conversion, or retrofit prior to October 20, 2000.  When the grant monies are depleted, affidavits shall be issued for a tax credit.  (ARS 41-1516 C., D. and G.)

 

Diesel Program (ARS 41-1516 H)

Conditions are placed on the receipt of grants:

1.      The vehicle has a declared gross vehicle weight of at least 20,000 pounds.

2.      The vehicle is not a recreational vehicle defined in title 28 (more than 26,000 gross vehicle weight rating and that is designed and exclusively used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers, travel trailers, boat trailers and horse trailers used exclusively to transport personal possessions or persons for noncommercial purposes).

3.      The vehicle is registered in this state.

4.      The grant recipient signs a statement that it is their intent that the vehicle will remain registered in Arizona for at least 3 years from the date the vehicle is registered as an AFV.  Additionally, the person must plan to operate the vehicle more than fifty percent of the time in Area A or B.

5.       No income tax credit can be claimed for the vehicle.

6.      The vehicle is subject to financial responsibility requirements under ARS 28-4032.

·        Any person who violates the requirements of the diesel grant program is subject to a civil penalty that equals the amount of the grant received plus $1,000.

·        The grant amount is changed from the greater of 30% of the original manufacturer's base retail price or $30,000 to the lesser of the cost of conversion or $30,000; the aggregate total of grants shall not exceed $8.5 million (current law is $6.5 million).

·        Grants may be awarded for the conversion of school and municipal buses without meeting the financial responsibility requirements.

·        By September 1 of each year, an expenditure report is to be submitted to the legislature on the status of the ACAF. 

 

Statewide Refueling Stations (41-1516 E)

·        The date for grants is moved back from 1/1/07 to 6/30/06

·        The stations may supply LPG of CNG (currently limited to CNG).

 

Emissions Inspection Cost Reduction (ARS 49-543 and 49-544)

·         The in lieu is terminated effective 7/1/06.  (session law section 8)

·        $2 million is transferred annually from the ACAF to the DEQ emissions inspection fund to reduce the emissions inspection fees.  The transfer has priority over the diesel conversion program.  (ARS 41-1516 B.)  Emission inspection fees are reduced in an equal amount for each of the following:  Area A gasoline, Area B gasoline and diesel.  (session law section 7)

 

 

High Occupancy Vehicle (HOV) Lanes (28-2416)  (effective 10/1/01)

·        Civil penalties collected for HOV lane violations would not be used to provide grants to a regional planning agency in Maricopa county for the conversion of diesel fleets in the county to use alternative fuels or for acquisition of alternative fuel vehicles to replace diesel fleets in the county.  (This program was to start 7/1/02 and is deleted in the bill as the old ARS 41-1516 D.)  Additionally, the collected monies shall not be used for the costs of signs marking the HOV lanes.

Hydrogen Grant Program (ARS 41-1515)  (effective 10/1/01)

·        ACAF money would not be used for the hydrogen grant program.

 

SB 1249 was amended in the Environment Committee as follows:

·        The committee of reference of the House Environment Committee and the Senate Natural Resources, Agriculture and Environment Committee shall review air quality control measure programs and funding sources and  make recommendations to the Governor, the President of the Senate, the Speaker of the House of Representatives by 12/14/01 on the following issues:

·        The ACAF (ARS 41-1516) and the air quality fund  (ARS 49-551).

·        The entity(ies) responsible for the administration of state air quality control measures.

·        The criteria or assessment tools used to determine state air quality control measures to be funded.

·        The use of a performance standard for state air quality control measures.

·        State alternative fuel mandates for government fleets

·        Other related matters to state air quality control measure programs.

·        The transfer of $2 million dollars from the ACAF to reduce vehicle emissions test costs is removed.

·        The funding mechanism under ARS 49-551 that provides $250,000 annually to the ACAF is removed effective 7/1/06.

 

 

 

 

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45th Legislature                                                                                                                                   

Second Regular Session                                   3                                                               April 3, 2001

 

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