INTRODUCED BY Senator Lewis

FEBRUARY 18, 1997

An act to amend Section 40458 of the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 432, as amended, Lewis. Air quality: rideshare programs.

Existing law contains provisions pertaining to encouraging or establishing rideshare programs by governmental agencies, including the allocation of prescribed revenues to specified agencies. Existing law requires that Rule 2202 adopted by the South Coast Air Quality Management District be amended to raise the worksite employee threshold to 250, and requires the threshold to be reduced or raised, as specified, pursuant to a determination to be made by the State Air Resources Board on or before June 1, 1998, relative to the effectiveness of voluntary rideshare and other emission reduction replacement measures.

This bill would delete those provisions requiring the reduction or raising of the worksite employee threshold on or before June 1, 1998, as specified, pursuant to a specified determination to be made by the State Air Resources Board, relative to the effectiveness of voluntary rideshare and other emission reduction replacement measures. , if that threshold remains at 250 or is increased above 250, require the Department of Transportation to allocate $3,500,000 from funds appropriated in the annual Budget Act for the Traffic Systems Management Program to regional rideshare agencies and transportation commissions in the South Coast Air Basin, for the 1998-99 fiscal year, in amounts determined by the department, for capital outlay expenditures for rideshare programs to improve air quality that meet certain requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

SECTION 1. When the report required by paragraph

SECTION 1. Section 40458 of the Health and Safety Code is amended to read:

40458. (a) Rules 1501 and 1501.1 adopted by the south coast district are void.

(b) Rule 2202 adopted by the south coast district shall be amended in the following manner:

(1) The worksite employee threshold shall be raised to 250. On January 1, 1998, the south coast district and the Southern California Association of Governments shall report to the state board on the effectiveness of voluntary rideshare and any other replacement measures instituted in achieving the same level of emissions as the exempted employers in the original rule. If there is a disagreement between the district and the Southern California Association of Governments regarding the emissions reduced by the replacement measures, then, on or before June 1, 1998, the state board shall determine if the replacement measures have fully achieved the emission reductions that would have been achieved by the exempted employers under the original rule. If the emission levels are not met, the south coast district shall restore the 100 employee threshold not later than June 1, 1998. If the emission reductions have been met, the worksite employee threshold shall be raised to 500 on or before June 1, 1998. Prior to raising the threshold, the state board, after a public hearing, shall determine that sufficient funds are available to achieve a reasonable likelihood of success in accomplishing equivalent emission reductions for employers from 250 to 500.

(2) If the worksite threshold is increased to 500 pursuant to paragraph (1), then on June 1, 1999, the south coast district and the Southern California Association of Governments shall report to the state board on the effectiveness of voluntary rideshare and any other replacement measures instituted in achieving the same level of emissions as the exempted employers in the original rule. If there is a disagreement between the district and the Southern California Association of Governments regarding the emissions reduced by the replacement measures, then, on or before January 1, 2000, the state board shall determine if the replacement measures have fully achieved the emission reductions that would have been achieved by the exempted employers under the original rule. If the emission levels are not met, the south coast district shall restore the 250 employee threshold not later than January 1, 2000. If the emission reductions are not sufficient to replace the emission reductions that would have been achieved by employers exempted pursuant to paragraph (1), the district may restore the 100 employee threshold. If the emission reductions have been met, Rule 2202 shall be suspended.

(3) If Rule 2202 is suspended pursuant to paragraph (2), on January 1, 2001, the south coast district and the Southern California Association of Governments shall report to the state board on the effectiveness of voluntary rideshare and any other replacement measures instituted in achieving the same level of emissions as the exempted employers in the original rule. If there is a disagreement between the district and the Southern California Association of Governments regarding the emissions reduced by the replacement measures, then, on or before June 1, 2001, the state board shall determine if the replacement measures have fully achieved the emission reductions that would have been achieved by the exempted employers under the original rule. If the emission levels are not met, the south coast district shall restore the 500 employee threshold not later than June 1, 2001. If the emission reductions are not sufficient to replace the emission reductions that would have been achieved by employers exempted pursuant to paragraph (2), the district may restore the 250 employee threshold. If the emission reductions are not sufficient to replace the emission reductions that would have been achieved by employers exempted pursuant to paragraph (1), the district may restore the 100 employee threshold. If the emission reductions have been met, Rule 2202 shall be repealed and adopted as a backup measure to the alternative measures not later than June 1, 2001.

(4) If Rule 2202 is repealed pursuant to paragraph (3), the Southern California Association of Governments shall annually report to the south coast district on the effectiveness of voluntary rideshare efforts. The south coast district shall, using the data provided by the Southern California Association of Governments, and other sources, determine if the alternative measures are achieving equivalent emission reductions. If there is a shortfall in emission reductions, the south coast district may implement, only to the extent needed to make up the shortfall, the backup Rule 2202.

(5)

(2) Nothing in this section is intended to prevent an early replacement and repeal of Rule 2202. The south coast district shall replace Rule 2202 as soon as possible with alternative direct light-duty mobile source emission reduction measures, other than new vehicle emission standards or reformulated fuel standards. (1) of subdivision (b) of Section 40458 of the Health and Safety Code is completed, if the worksite employee threshold remains at 250 or is increased above 250, the Department of Transportation shall allocate three million five hundred thousand dollars ($3,500,000) from funds appropriated in the annual Budget Act for the Traffic Systems Management Program to regional rideshare agencies and transportation commissions in the South Coast Air Basin, for the 1998-99 fiscal year, in amounts determined by the department, for capital outlay expenditures for rideshare programs to improve air quality that meet the requirements of Section 164.1 of the Streets and Highways Code.