House of Representatives

HB 2560

air quality fund; control measures

Sponsors: Representatives Gullett, Huffman, Loredo,

O'Halleran, et al.

 

DPA

Committee on Environment
DP

Committee on  Appropriations

DPA

Caucus and COW

DPA

Third Read

 

X

As Passed the House

 

HB 2560 continues the in lieu fee (that was scheduled to repeal pursuant to Laws 2001, chapter 371, effective 6/30/03), places the money in the air quality fund in DEQ and authorizes the money to be spent on a variety of air quality related measures, including voluntary vehicle repair, voluntary lawn equipment reduction, diesel vehicle low emissions grants and county programs.  This change would be effective 7/1/03.

 

History

Current ARS section 49-543 as amended by Laws 2001, chapter 324, requires owners of vehicles that are five years old or less to either have their vehicle emission tested or pay an in lieu fee.  The in lieu fee is $25 in area A (biennial) or $9 in area B.  The cost of emission testing in area A ranges from $18.50 annually to $27.50 biennially (all 1981 and newer under 8501 pounds GVW are $27).  The cost of testing in area B is $11.75 annually for all vehicles.  The in lieu fee in the Department of Commerce Energy Office currently covers two programs:  conversion of diesel vehicles grants and delivery system grants.  HB 2014 in the December 2001 special session modified the funding for those programs as follows:

Diesel vehicles:  removed $6.5 million in FY 03 (left $5.5 million in FY 02)

Delivery systems:  removed $1.125 million in FY 02 and $1.8 million in FY 03

 

Provisions

Existing monies in the air quality fund

·           The uses are modified:

-         Air quality research, experiments, and programs to improve air quality, maintain or achieve attainment status, and reduce emissions of particulate matter, carbon monoxide, oxides of nitrogen, volatile organic compounds and hazardous air pollutants (HAPS) throughout the state.

-         Monitoring visible air pollution and developing and implementing programs to reduce emissions of pollutants that contribute to visible air pollution in Pima and Maricopa counties.

-         Developing and adopting rules in compliance with the HAPS program.

·          Monies in the fund are exempt from the provision relating to the lapsing of appropriations, and interest earned on the monies are credited towards the fund.

 

Use of in lieu monies

·           The in-lieu fee distribution is, after 3%  to DEQ for costs of administration and evaluating measures:

-         5%  to the Voluntary lawn and garden equipment emission reduction program.

-         15% to the V2R2 program.

-         30%  to the diesel vehicle low emissions incentive grant program

-         25%  for the voluntary accelerated purchase of Tier 2 and Tier 3 equipment.

-         25%   for grants to counties for air pollution control as follows:

-         45%  to Maricopa.

-         36%  to Pima.

-         9%  to Pinal.

-         10%  disbursed by DEQ to any of the three counties.

-         If monies allocated to the voluntary lawn and garden equipment, V2R2, diesel vehicle low emissions, and voluntary accelerated purchase programs have not been used in any year:

-         75% can be used for any of the programs.

-         25% is applied to county activities.

 

Diesel vehicle low emissions incentive grants

·          Establishes a new program for incentive grants for diesel vehicles at least 19,500 GVWR:

-         To operate on alternative fuel (LPG, CNG, LNG, electricity, etc.) or clean burning fuel (A-55 or biodiesel).

-         Ultra low sulfur diesel (maximum 15 parts per million sulfur) that is used in an engine with oxidation catalysts and particulate filters.

-         Powered by an engine that meets or exceeds an emissions standard for diesel particulate matter of 0.05 grams per brake horsepower hour.

·          Criteria for a vehicle to be awarded an incentive grant includes financial responsibility requirements and a requirement that the vehicle be registered in the state for at least three years and will be operated more than 50% of the time in Area A or Area B.

·          The program shall provide for real and quantifiable emissions reductions.

·          Vehicles receiving diesel vehicle low emissions incentive grants may meet one of the following:

-         EPA voluntary diesel retrofit program.

-         EPA verification protocol for retrofit catalyst particulate filter and engine modification control technologies for highway and nonroad use diesel engines.

-         California Air Resources Board diesel emission control strategy verification procedure.

-         Sections 43100 and 43102 of the Health and Safety code of the state of California (alternative fuel conversions).

-         Actual emissions testing performed on the vehicle.

·           The diesel program is repealed the later of June 30, 2005 or one year before the beginning production date for the standard for diesel fuel with a maximum sulfur limit of 15 parts per million (currently June 1, 2006).

 

 

Other provisions

·          Clarifies that violations relating to engine idling restrictions are violations of the county ordinances.  (ARS section 11-876)

 

 

 

---------- DOCUMENT FOOTER ---------

45th Legislature                       

Second Regular Session            3          April 12, 2002

 

---------- DOCUMENT FOOTER ---------