Bill Text: NJ S2198 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes Clean Car Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-10-04 - Substituted by A3028 (3R) [S2198 Detail]
Download: New_Jersey-2012-S2198-Introduced.html
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes Clean Car Commission.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Clean Car Commission, amending and supplementing P.L.2003, c.266, and repealing sections 5 through 7 of P.L.2003, c.266.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. There is established the Clean Car Commission consisting of 17 members to be selected and qualified as follows:
(1) the Commissioner of Environmental Protection or the commissioner's designee, who shall serve ex officio;
(2) the Commissioner of Transportation or the commissioner's designee, who shall serve ex officio;
(3) the President of the Board of Public Utilities or the president's designee, who shall serve ex officio;
(4) one member of the General Assembly appointed by the Speaker of the General Assembly, who shall serve ex officio;
(5) one member of the Senate appointed by the President of the Senate, who shall serve ex officio;
(6) two members representing manufacturers of automobiles sold within the State, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the General Assembly;
(7) two members representing automotive retailers, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the General Assembly;
(8) two members of recognized Statewide environmental organizations, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the General Assembly;
(9) two members representing public electric or gas utilities, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the General Assembly;
(10) one member representing a zero emission vehicle technology company and appointed by the Governor with the advice and consent of the Senate;
(11) one member knowledgeable about the infrastructure necessary for fueling of zero emission vehicles and partial zero emission vehicles as well as the economics of developing and establishing such an infrastructure in the State and appointed by the Governor with the advice and consent of the Senate;
(12) one member representing the Northeast States for Coordinated Air Use Management and appointed by the Governor with the advice and consent of the Senate; and
(13) one member of the academic community of a New Jersey college or university with expertise in environmental health and energy policy and appointed by the Governor with the advice and consent of the Senate.
b. Any vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made.
c. All appointments to the commission shall be made as expeditiously as possible.
d. The Commissioner of Environmental Protection or the commissioner's designee shall serve as chairperson of the commission, and the Department of Environmental Protection shall staff the commission. The commission shall meet at the call of the chairperson, and the commission shall organize as soon as practicable after appointment of its members.
e. The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.
f. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.
2. (New section) a. (1) The Department of Environmental Protection shall continue to implement the California Low Emission Vehicle program and may make a determination to accept or reject the recommendation of the Clean Car Commission to implement the California Low Emission Vehicle program without the zero emission vehicle requirements, as provided pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) The Clean Car Commission shall evaluate the implementation of the California Low Emission Vehicle program concerning the impact of economic, technological, and other relevant factors since the enactment of P.L.2003, c.266 (C.26:2C-8.15 et al.).
b. The Clean Car Commission shall:
(1) study advances made in low emission vehicles, zero emission vehicles, partial zero emission vehicles, and transitional zero emission vehicle technologies, the infrastructure necessary to support these vehicles, and the development of that infrastructure;
(2) evaluate any proposed or adopted changes made by the California Air Resources Board to the California Low Emission Vehicle program and the potential effects of these changes on the implementation of the program in this State;
(3) evaluate any proposed or adopted changes made by the United States Environmental Protection Agency, the National Highway Traffic Safety Administration, and other federal agencies with respect to air quality and criteria emissions standards, fuel economy, and greenhouse gas emissions standards, and the impact of these changes on the State as well as how they correlate and compare to the current requirements or the California Low Emission Vehicle program and its implementation;
(4) evaluate the feasibility of implementing the zero emission vehicle requirements of the California Low Emission Vehicle program and the State complying with these requirements, in terms of:
(a) availability of zero emission vehicle technology;
(b) cost and retail price of vehicles using such technology;
(c) performance of the technology and these vehicles;
(d) consumer acceptance of the technology, vehicles, and the costs thereof;
(e) development and accessibility of supporting infrastructure; and
(f) practicality of using zero emission vehicles in the State; and
(5) determine the incentives and infrastructure necessary to meet the current zero emissions vehicle requirements set for motor vehicle model year 2018.
c. The Clean Car Commission shall also specifically:
(1) identify and quantify the zero emission vehicle requirement under the California Low Emission Vehicle program and the necessity, feasibility, and methods for the State to meet that requirement;
(2) study the development of electric vehicles, the infrastructure required for expanded use of these vehicles, challenges to the development of that infrastructure, and the availability and attractiveness of electric vehicles as a transportation option to the public;
(3) study the development of hydrogen fuel cell technology, the infrastructure required for its use in motor vehicles, the development of that infrastructure, and the availability of hydrogen fuel cell vehicles to the public;
(4) explore and study other alternatives for zero emission vehicles, infrastructure required for its use, development of that infrastructure, and incentives for developing the infrastructure and use of the vehicles;
(5) determine whether the sales and use tax incentive established pursuant to section 11 of P.L.2003, c.266 (C.54:32B-8.55) is sufficient to encourage the purchase of zero emission vehicles;
(6) study and develop other incentives for the use and purchase of zero emission vehicles, and development of the infrastructure required to support their use;
(7) study and assess the use, availability, and acceptance of low emission vehicles, and options for any incentives for the use of low emission vehicles, including a sales and use tax incentive;
(8) study and develop other incentives for the use and purchase of, and development of the infrastructure to support, or improve the use of, low emissions vehicles, including expansion of alternative fueling options such as E-85 and fuels that further reduce emissions from these vehicles; and
(9) develop recommendations to be submitted to the Governor and the Legislature setting forth any additional incentives determined to be necessary to encourage the purchase of low emission vehicles or zero emission vehicles, development of the necessary or improved infrastructure for the fueling of such vehicles, and other action necessary to ensure correct compliance with the California Low Emission Vehicle program.
d. No later than December 31, 2013, the commission shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature summarizing the activities and findings of the commission to date, and setting forth recommendations for:
(1) additional incentives determined to be necessary to encourage the purchase of low emission vehicles, zero emission vehicles, or partial zero emission vehicles;
(2) additional incentives determined to be necessary to encourage the development of infrastructure necessary for the increased and efficient use of low emission vehicles, zero emission vehicles, or partial zero emission vehicles;
(3) increasing the effectiveness of the implementation of the California Low Emission Vehicle program in the State with regard to low emission vehicles, zero emission vehicles, or partial zero emission vehicles; and
(4) implementing the zero emission vehicle requirements of the California Low Emission Vehicle program, and whether they should be implemented in the State, or if such requirements should not be part of the implemented program.
e. To assist with compliance with the requirements of this section, the New Jersey Motor Vehicle Commission shall share aggregate data with the Clean Car Commission concerning the motor vehicle market in New Jersey. The New Jersey Motor Vehicle Commission shall not be required to share any personal data on any individual motorist in the State, and no personal data shall be provided for the purposes of complying with this subsection.
f. After submission of its report pursuant to subsection d. of this section, the commission shall continue to monitor the progress of the implementation of the California Low Emission Vehicle program in New Jersey and the purchase, use, and infrastructure development and maintenance for low emission vehicles, zero emission vehicles, and partial zero emission vehicles in the State.
3. (New section) The commissioner shall notify, in writing, the Governor and the Legislature if the commissioner finds it necessary to:
a. make a determination to accept or reject the recommendation of the Clean Car Commission to implement the California Low Emission Vehicle program without the zero emission vehicle requirement; and
b. file temporary rules and regulations with the Office of Administrative Law for the implementation of a zero emission vehicle requirement.
4. Section 1 of P.L.2003, c.266 (C.26:2C-8.15) is amended to read as follows:
1. The Legislature finds and declares that the implementation of the National Low Emission Vehicle program is a key component of the State's efforts to achieve on-time emissions reductions and to attain compliance with the national ambient air quality standards, as required pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq.; that the State's attainment of the national ambient air quality standards will require further, more stringent reductions in emissions of pollutants; that the California Low Emission Vehicle program provides for greater reductions in pollutants than the National Low Emission Vehicle program; and that the State has committed to implementing the National Low Emission Vehicle program until 2006 but can implement the California Low Emission Vehicle program after that year.
The Legislature further finds and declares that in the summer of 2002, New Jersey had the highest number of smog violations per monitoring station in the nation; that in December 2003, the United States Environmental Protection Agency announced its intention to designate the entire State as out-of-compliance with the agency's health-based standard for ozone; and that this designation by the United States Environmental Protection Agency would require the State to adopt a stronger, more comprehensive clean air plan for the State.
The Legislature further finds and declares that a significant percentage of particulate emissions, smog-forming emissions, and airborne cancer risk comes from vehicle emissions; that pollution from automobiles is expected to increase with the projected population increase estimate of an additional 1,200,000 people in the State in the next decade; and that mobile sources of emissions have received less regulatory attention than industrial facilities and area sources of pollution.
The Legislature further finds and declares that ground-level ozone, or smog, is formed when automobile, industrial and other pollutants chemically react with bright sunshine and high temperatures; that ground-level ozone irritates the respiratory system and can cause coughing, wheezing, chest pain and headaches; that ozone especially aggravates chronic respiratory diseases such as asthma and bronchitis; that ground-level ozone and other air toxics have a substantial negative impact on the health and quality of life of residents of the State; and that reducing ground-level ozone pollution will help reduce these negative health effects.
The Legislature therefore determines that it is in the public interest to: implement the California Low Emission Vehicle program beginning January 1, 2009; establish a zero emission vehicle credit bank for manufacturers; establish a [Low Emission Vehicle Review] Clean Car Commission charged with reviewing the implementation of the program, the availability and success of [the incentive,] existing incentives and the technology [of] for low emission vehicles, zero emission vehicles , and partial zero emission vehicles; and provide [an incentive] additional incentives for the purchase or lease of low emission vehicles, zero emission vehicles, and partial zero emissions vehicles.
(cf: P.L.2003, c.266, s.1)
5. Section 2 of P.L.2003, c.266 (C.26:2C-8.16) is amended to read as follows:
2. As used in [sections 1 through 7 of] P.L.2003, c.266 [(C.2C:2C-8.15 et seq.)] (C.26:2C-8.15 et al.) :
"Advanced technology partial zero emission vehicle" means a vehicle certified as an advanced technology partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year[;].
"California Low Emission Vehicle program" means the second phase of the low emission vehicle program being implemented in the State of California, pursuant to the provisions of the Federal Clean Air Act and the California Code of Regulations[;].
"Clean Car Commission" means the commission established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Commissioner" means the Commissioner of Environmental Protection[;].
"Department" means the Department of Environmental Protection[;].
"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent amendments or supplements to that act[;
"Low Emission Vehicle Review Commission" means the commission established by subsection a. of section 5 of P.L.2003, c.266 (C.26:2C-8.19);].
"Partial zero emission vehicle" means a vehicle certified as a partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year[;].
"State implementation plan" means the State implementation plan for national ambient air quality standards adopted for New Jersey pursuant to the federal Clean Air Act[;].
"Zero emission vehicle" means a vehicle certified as a zero emission vehicle pursuant to the California Air Resources Board zero emission vehicle standards for the applicable model year, but shall not include an advanced technology partial zero emission vehicle or a partial zero emission vehicle[; and].
"Zero emission vehicle requirement" means the percentage or number of those vehicles certified as zero emission vehicles pursuant to the California Air Resources Board vehicle standards and required to be delivered by a manufacturer for sale or lease for the applicable model year, and any additional percentages or numbers of advanced technology partial zero emission vehicles or partial zero emission vehicles that may be delivered by a manufacturer for sale or lease to satisfy the zero emission vehicle requirement established by the California Air Resources Board in lieu of vehicles that meet the pure zero emission vehicle standard.
(cf: P.L.2003, c.266, s.2)
6. Section 3 of P.L.2003, c.266 (C.26:2C-8.17) is amended to read as follows:
3. a. Notwithstanding any provision of a State implementation plan submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the requirements of the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq., to the contrary, the department shall implement the California Low Emission Vehicle program in the State beginning on January 1, 2009, except as provided pursuant to [sections 6 and 7 of P.L.2003, c.266 (C.26:2C-8.20 and C.26:2C-8.21)] section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) .
b. The Commissioner of Environmental Protection, within 30 days after a proposed major substantive change to the California Low Emission Vehicle program that, if adopted, would necessitate a corresponding substantive change to the program in New Jersey adopted pursuant to subsection a. of this section, shall provide written notice and a summary of the proposed substantive change to the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly.
c. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the California Low Emission Vehicle program in the State beginning on January 1, 2009.
(cf: P.L.2003, c.266, s.3)
7. Section 4 of P.L.2003, c.266 (C.26:2C-8.18) is amended to read as follows:
4. a. The Commissioner of Environmental Protection shall establish a zero emission vehicle credit bank to allow manufacturers to earn and bank vehicle equivalent credits for any advanced technology partial zero emission vehicle or partial zero emission vehicle produced and delivered for sale or lease in the State on or after January 1, 1999 and through December 31, 2008.
(1) In establishing the credit bank required by this section, the commissioner shall use the highest multiplier used by the California Air Resources Board for determining the allowable vehicle equivalent credits for each advanced technology partial zero emission vehicle or partial zero emission vehicle delivered for sale or lease in the State by a manufacturer on or after January 1, 1999 until the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.).
(2) Beginning on the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.), the commissioner shall use the multiplier used by the California Air Resources Board for the applicable model year for each advanced technology partial zero emission vehicle or partial zero emission vehicle delivered for sale or lease in the State by a manufacturer on or after the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.) and through December 31, 2008.
b. (1) Within 180 days after the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.), the commissioner shall publish a list in the New Jersey Register of the make and model of those motor vehicles that qualify as advanced technology partial zero emission vehicles or partial zero emission vehicles for the 1999 through 2003 model years.
(2) Annually thereafter, the commissioner shall publish a list in the New Jersey Register of the make and model of those motor vehicles that qualify as advanced technology partial zero emission vehicles or partial zero emission vehicles for that respective model year.
(3) The commissioner may revise any list published pursuant to this subsection as necessary to comply with the California Air Resources Board vehicle standards for the applicable model year.
c. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner shall, immediately upon filing the proper notice with the Office of Administrative Law, adopt such temporary rules and regulations as necessary to establish a zero emission vehicle credit bank pursuant to subsection a. of this section. These rules and regulations may include, but need not be limited to, the documentation to be submitted by a manufacturer to determine eligibility and participation in the credit bank established pursuant to subsection a. of this section, and fees for administrative services provided to implement the zero emission vehicle credit bank to be assessed to those manufacturers seeking to earn and bank credits. The temporary rules and regulations shall be in effect for a period not to exceed 270 days after the date of the filing, except that in no case shall the temporary rules and regulations be in effect one year after the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.). The temporary rules and regulations shall thereafter be amended, adopted or readopted by the commissioner as the commissioner determines is necessary in accordance with the requirements of the "Administrative Procedure Act."
d. [The provisions of this section shall expire upon the passage of a concurrent resolution by the Legislature directing the department to implement the National Low Emission Vehicle program pursuant to subsection a. of section 6 of P.L.2003, c.266 (C.26:2C-8.20).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2003, c.266, s.4)
8. Sections 5 through 7 of P.L.2003, c.266 (C.26:2C-8.19 through C.26:2C-8.21) are repealed.
9. This act shall take effect immediately.
STATEMENT
This bill would establish the Clean Car Commission (CCC) and abolish the Low Emission Vehicle Review Commission (LEVRC), which was established pursuant to section 5 of P.L.2003, c.266 (C.26:2C-8.19) but never organized. The CCC would take on the responsibilities of the LEVRC and:
1) review the implementation of the California Low Emission Vehicle program, the availability and success of existing incentives and technology for, and the infrastructure needed for support of, zero emission vehicles;
2) regarding the continued implementation of the California Low Emission Vehicle program, make a recommendation to implement the zero emission vehicle requirements or continue without these requirements; and
3) continue to provide an incentive for the purchase or lease of zero emission vehicles.
In addition to those LEVRC responsibilities, the CCC would include the use of low emission vehicles and partial zero emission vehicles in its review and consideration of additional incentives. The CCC would evaluate the implementation of the California Low Emission Vehicle program concerning the impact of economic, technological, and other relevant factors since the enactment of P.L.2003, c.266. The CCC, after study and evaluation of the specific considerations enumerated in the bill, would submit, no later than December 31, 2013, a report to the Governor and the Legislature summarizing the activities and findings of the commission to date. The report would also set forth recommendations for:
1) additional incentives determined to be necessary to encourage the purchase of, and infrastructure needed by, low emission vehicles, zero emission vehicles, and partial zero emission vehicles;
2) increased effectiveness of the implementation of the California Low Emission Vehicle program in the State with regards to low emission vehicles, zero emission vehicles, or partial zero emission vehicles; and
3) whether or not the zero emission vehicle requirements of the California Low Emission Vehicle program should be implemented in the State.
After the report is submitted, the CCC would continue to monitor the implementation of the programs, any incentives created, and the development and implementation of the technology and infrastructure for low emission, zero emission, and partial zero emission vehicles.
The bill provides that the CCC would consist of the following 17 members:
1) the Commissioner of Environmental Protection, the Commissioner of Transportation, the President of the Board of Public Utilities, one member of the General Assembly appointed by the Speaker of the General Assembly, and one member of the Senate appointed by the President of the Senate, each serving ex officio;
2) two representatives of each of manufacturers of automobiles sold within the State, automotive retailers, recognized Statewide environmental organizations, and public electric or gas utilities, with each of the two respective representatives being appointed, one by the President of the Senate and one by the Speaker of the General Assembly; and
3) a representative of a zero emission vehicle technology company, a representative knowledgeable about the infrastructure necessary for fueling of zero emission vehicles and partial zero emission vehicles and the economics of developing and establishing such an infrastructure, a representative of the Northeast States for Coordinated Air Use Management, and a member of the academic community of a New Jersey college or university with expertise in environmental health and energy policy, each of whom are to be appointed by the Governor with the advice and consent of the Senate.
