BILL NUMBER: AB 857 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN SENATE JUNE 16, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Perea Cooper
( Principal coauthor: Senator
De León )
( Coauthor:
Assembly Member O'Donnell )
FEBRUARY 26, 2015
An act to amend Section 39719.2 of the Health and Safety
Code, relating to greenhouse gases. An act to amend
Sections 11106, 16520, 23910, and 30105 of, and to add Chapter 3
(commencing with Section 29180) to Division 7 of Title 4 of Part 6
of, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 857, as amended, Perea Cooper .
California Clean Truck, Bus, and Off-Road Vehicle and
Equipment Technology Program. Firearms: identifying
information.
Existing law authorizes the Department of Justice to assign a
distinguishing number or mark of identification to any firearm
whenever the firearm lacks a manufacturer's number or other mark of
identification, or whenever the manufacturer's number or other mark
of identification or distinguishing number or mark assigned by the
department has been destroyed or obliterated.
This bill would, commencing July 1, 2018, require a person who
manufactures or assembles a firearm to first apply to the department
for a unique serial number or other identifying mark, as provided.
The bill would, by January 1, 2019, require any person who, as of
July 1, 2018, owns a firearm that does not bear a serial number to
likewise apply to the department for a unique serial number or other
mark of identification. The bill would, except as provided, prohibit
the sale or transfer of ownership of a firearm manufactured or
assembled pursuant to these provisions. The bill would prohibit a
person from aiding in the manufacture or assembly of a firearm by a
person who is prohibited from possessing a firearm. The bill would
make a violation of these provisions a misdemeanor. By creating a new
crime, this bill would impose a state-mandated local program.
The bill would require the department to issue a serial number or
other identifying mark to an applicant meeting specified criteria and
would allow the department to charge a fee to recover its costs
associated with assigning a distinguishing number or mark pursuant to
the above provisions.
This bill would make a conforming change.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board as part of a
market-based compliance mechanism to be deposited in the Greenhouse
Gas Reduction Fund and to be available upon appropriation by the
Legislature.
The California Clean Truck, Bus, and Off-Road Vehicle and
Equipment Technology Program, upon appropriation from the Greenhouse
Gas Reduction Fund, funds zero- and near-zero-emission truck, bus,
and off-road vehicle and equipment technologies and related projects,
as specified, with priority given to certain projects, including
projects that benefit disadvantaged communities. The program, until
January 1, 2018, requires no less than 20% of the funding made
available for the purposes of technology development, demonstration,
precommercial pilots, and early commercial deployments of zero- and
near-zero-emission medium- and heavy-duty truck technology support
early commercial deployment of existing zero- and near-zero-emission
heavy-duty truck technology.
This bill, between January 2, 2018, and January 1, 2023,
inclusive, annually would require no less than 50% or $100,000,000,
whichever is greater, of the moneys allocated for technology
development, demonstration, precommercial pilots, and early
commercial deployments of zero- and near-zero-emission medium- and
heavy-duty truck technology be allocated and spent to support the
commercial deployment of existing zero- and near-zero-emission
heavy-duty truck technology that meets or exceeds a specified
emission standard.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal
Code is amended to read:
11106. (a) (1) In order to assist in the investigation of crime,
the prosecution of civil actions by city attorneys pursuant to
paragraph (3) of subdivision (b), the arrest and prosecution of
criminals, and the recovery of lost, stolen, or found property, the
Attorney General shall keep and properly file a complete record of
all of the following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to
Section 26225, 27875, 27920, 29180, or 29830.
(D) Dealers' records of sales of firearms.
(E) Reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585.
(F) Forms provided pursuant to Section 12084, as that section read
prior to being repealed on January 1, 2006.
(G) Reports provided pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers'
records of sales of firearms.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in
any city or county of this state.
(2) The Attorney General shall, upon proper application therefor,
furnish the information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Section 28255.
(G) Section 29180.
(G)
(H) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585, Section 28255,
28255 or 29180, or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(c) (1) If the conditions specified in paragraph (2) are met, any
officer referred to in paragraphs (1) to (6), inclusive, of
subdivision (b) of Section 11105 may disseminate the name of the
subject of the record, the number of the firearms listed in the
record, and the description of any firearm, including the make,
model, and caliber, from the record relating to any firearm's sale,
transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to any of the
following:
(A) Section 26225, 27875, or 27920.
(B) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(E) Article 2 (commencing with Section 28150) of Chapter 6 of
Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of
Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only
if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(3) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
SEC. 2. Section 16520 of the Penal Code
is amended to read:
16520. (a) As used in this part, "firearm" means a device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of an explosion or other form of
combustion.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Section 29180.
(13)
(14) Sections 29610 to 29750, inclusive.
(14)
(15) Sections 29800 to 29905, inclusive.
(15)
(16) Sections 30150 to 30165, inclusive.
(16)
(17) Section 31615.
(17)
(18) Sections 31705 to 31830, inclusive.
(18)
(19) Sections 34355 to 34370, inclusive.
(19)
(20) Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.
(c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27585, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(16) Section 29180.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
SEC. 3. Section 23910 of the Penal Code
is amended to read:
23910. The Department of Justice Justice,
upon request request, may assign
a distinguishing number or mark of identification to any firearm
whenever the firearm lacks a manufacturer's number or other mark of
identification, or whenever identification.
Whenever the manufacturer's number or other mark of
identification or a distinguishing number or mark assigned by the
department has been destroyed or obliterated.
obliterated, the Department of Justice, upon request, shall assign a
distinguishing number or mark of identification to any firearm in
accordance with Section 29182.
SEC. 4. Chapter 3 (commencing with Section 29180)
is added to Division 7 of Title 4 of Part 6 of the Penal
Code , to read:
CHAPTER 3. ASSEMBLY OF FIREARMS
29180. (a) For purposes of this chapter, "manufacturing" or
"assembling" a firearm means to fabricate or construct a firearm, or
to fit together the component parts of a firearm to construct a
firearm.
(b) Commencing July 1, 2018, prior to manufacturing or assembling
a firearm, a person manufacturing or assembling the firearm shall do
all of the following:
(1) Apply to the Department of Justice for a unique serial number
or other mark of identification pursuant to Section 29182.
(2) (A) Within 10 days of manufacturing or assembling a firearm in
accordance with paragraph (1), the unique serial number or other
mark of identification provided by the department shall be engraved
or permanently affixed to the firearm in a manner that meets or
exceeds the requirements imposed on licensed importers and licensed
manufacturers of firearms pursuant to subsection (i) of Section 923
of Title 18 of the United States Code and regulations issued pursuant
thereto.
(B) If the firearm is manufactured or assembled from polymer
plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be
embedded within the plastic upon fabrication or construction with
the unique serial number engraved or otherwise permanently affixed in
a manner that meets or exceeds the requirements imposed on licensed
importers and licensed manufacturers of firearms pursuant to
subsection (i) of Section 923 of Title 18 of the United States Code
and regulations issued pursuant thereto.
(3) After the serial number provided by the department is engraved
or otherwise permanently affixed to the firearm, the person shall
notify the department of that fact in a manner and within a time
period specified by the department, and with sufficient information
to identify the owner of the firearm, the unique serial number or
mark of identification provided by the department, and the firearm in
a manner prescribed by the department.
(c) By January 1, 2019, any person who, as of July 1, 2018, owns a
firearm that does not bear a serial number assigned to it pursuant
to either Section 23910 or pursuant to Chapter 44 (commencing with
Section 921) of Part 1 of Title 18 of the United States Code and the
regulations issued pursuant thereto, shall do all of the following:
(1) Apply to the Department of Justice for a unique serial number
or other mark of identification pursuant to Section 29182.
(2) Within 10 days of receiving a unique serial number or other
mark of identification from the department, the unique serial number
or other mark of identification provided by the department shall be
engraved or permanently affixed to the firearm in accordance with
regulations prescribed by the department pursuant to Section 29182
and in a manner that meets or exceeds the requirements imposed on
licensed importers and licensed manufacturers of firearms pursuant to
subsection (i) of Section 923 of Title 18 of the United States Code
and regulations issued pursuant thereto.
(3) After the serial number provided by the department is engraved
or otherwise permanently affixed to the firearm, the person shall
notify the department of that fact in a manner and within a time
period specified by the department, and with sufficient information
to identify the owner of the firearm, the unique serial number or
mark of identification provided by the department, and the firearm in
a manner prescribed by the department.
(d) (1) The sale or transfer of ownership of a firearm
manufactured or assembled pursuant to this section is prohibited.
(2) Paragraph (1) shall not apply to the transfer, surrender, or
sale of a firearm to a law enforcement agency.
(3) Any firearms surrendered, transferred, or sold to a local law
enforcement agency pursuant to paragraph (2) shall be destroyed as
provided in Section 18005.
(4) Sections 26500 and 27545, and subdivision (a) of Section
31615, shall not apply to the transfer, sale, or surrender of
firearms to a law enforcement agency pursuant to paragraph (2).
(e) A person, corporation, or firm shall not knowingly allow,
facilitate, aid, or abet the manufacture or assembling of a firearm
pursuant to this section by a person who is within any of the classes
identified by Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of this code, or
Section 8100 or 8103 of the Welfare and Institutions Code.
(f) If the firearm is a handgun, a violation of this section is
punishable by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment. For all other firearms, a violation of
this section is punishable by imprisonment in a county jail not to
exceed six months, or by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment. Each firearm found
to be in violation of this section constitutes a distinct and
separate offense. This section does not preclude prosecution under
any other law providing for a greater penalty.
29181. Section 29180 does not apply to or affect any of the
following:
(a) A firearm that has a serial number assigned to it pursuant to
either Section 23910 or pursuant to Chapter 44 (commencing with
Section 921) of Part 1 of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(b) A firearm made or assembled prior to December 16, 1968, that
is not a handgun.
(c) A firearm which was entered into the centralized registry set
forth in Section 11106 prior to July 1, 2018, as being owned by a
specific individual or entity if that firearm has assigned to it a
distinguishing number or mark of identification to that firearm by
virtue of the department accepting entry of that firearm into the
centralized registry.
(d) A firearm that has a serial number assigned to it pursuant to
Chapter 53 of Title 26 of the United States Code and the regulations
issued pursuant thereto.
(e) An antique firearm as defined in Section 479.11 of Title 27 of
the Code of Federal Regulations.
29182. (a) (1) The Department of Justice shall accept
applications from, and shall grant applications in the form of serial
numbers pursuant to Section 23910 to, persons who wish to
manufacture or assemble firearms pursuant to subdivision (b) of
Section 29180.
(2) The Department of Justice shall accept applications from, and
shall grant applications in the form of serial numbers pursuant to
Section 23910 to, persons who wish to own a firearm described in
subdivision (c) of Section 29180.
(b) An application made pursuant to subdivision (a) shall only be
granted by the department if the applicant does all of the following:
(1) For each transaction, completes a personal firearms
eligibility check, demonstrating that the applicant is not prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(2) Presents proof of age and identity as specified in Section
16400. The applicant shall be 18 years of age or older to obtain a
unique serial number or mark of identification for a firearm that is
not a handgun, and shall be 21 years of age or older to obtain a
unique serial number or mark of identification for a handgun.
(3) Provides a description of the firearm that he or she owns or
intends to manufacture or assemble, in a manner prescribed by the
department.
(4) Has a valid firearm safety certificate or handgun safety
certificate.
(c) The department shall inform applicants who are denied an
application of the reasons for the denial in writing.
(d) All applications shall be granted or denied within 15 calendar
days of the receipt of the application by the department.
(e) This chapter does not authorize a person to manufacture,
assemble, or possess a weapon prohibited under Section 16590, an
assault weapon as defined in Section 30510 or 30515, a machinegun as
defined in Section 16880, a .50 BMG rifle as defined in Section
30530, or a destructive device as defined in Section 16460.
(f) The department shall adopt regulations to administer this
chapter.
29183. The Department of Justice may charge an applicant a fee
for each distinguishing number or mark it issues in an amount
sufficient to reimburse it for the actual costs associated with
assigning a distinguishing number or mark to a firearm pursuant to
Sections 29180 and 29182 and for conducting a personal firearms
eligibility check pursuant to paragraph (1) of subdivision (b) of
Section 29182. All money received pursuant to this section shall be
deposited in the Dealers' Record of Sale Special Account of the
General Fund, to be available upon appropriation by the Legislature.
29184. The Department of Justice shall maintain and make
available upon request information concerning both of the following:
(a) The number of serial numbers issued pursuant to Section 29182.
(b) The number of arrests for violations of Section 29180.
SEC. 5. Section 30105 of the Penal Code
is amended to read:
30105. (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
personal information required by Section 28160 or 28165, as
applicable, but not any information regarding any firearm, to the
department, in an application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department.
(d) Upon receipt of a notarized application and fee, the
department shall do all of the following:
(1) Examine its records, and the records it is authorized to
request from the State Department of State Hospitals pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
(2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
(e) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
(f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Internet Web site.
(g) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
(h) No Except as provided in Sections
29180 and 29182, a person or agency may
shall not require or request another
person an individual to obtain a firearms
eligibility check or notification of a firearms eligibility check
pursuant to this section. A violation of this subdivision is a
misdemeanor.
(i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:
"No person or agency may require or request another
person an individual to obtain a firearms
eligibility check or notification of firearms eligibility check
pursuant to Section 30105 of the Penal Code. A violation of these
provisions is a misdemeanor."
"If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."
SEC. 6. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 39719.2 of the Health and
Safety Code is amended to read:
39719.2. (a) The California Clean Truck, Bus, and Off-Road
Vehicle and Equipment Technology Program is hereby created, to be
administered by the state board in conjunction with the State Energy
Resources Conservation and Development Commission. The program, from
moneys appropriated from the fund for the purposes of the program,
shall fund development, demonstration, precommercial pilot, and early
commercial deployment of zero- and near-
zero-emission truck, bus, and off-road vehicle and
equipment technologies. Priority shall be given to projects
benefiting disadvantaged communities pursuant to the requirements of
Sections 39711 and 39713.
(b) Projects eligible for funding pursuant to this section
include, but are not limited to, the following:
(1) Technology development, demonstration, precommercial pilots,
and early commercial deployments of zero- and near-zero-emission
medium- and heavy-duty truck technology, including projects that help
to facilitate clean goods-movement corridors.
(A) Until January 1, 2018, no less than 20 percent of funding made
available for the purposes of this paragraph shall support early
commercial deployment of existing zero- and near-zero-emission
heavy-duty truck technology.
(B) (i) Between January 2, 2018, and January 1, 2023, inclusive,
annually no less than 50 percent or one hundred million dollars
($100,000,000), whichever is greater, of the moneys allocated for the
purposes of this paragraph shall be allocated and spent to support
the commercial deployment of existing zero- and near-zero-emission
heavy-duty truck technology that meets or exceeds an emission
standard of 0.02 grams per brake horsepower-hour oxides of nitrogen,
as described in the optional low oxides of nitrogen emission
standards in Section 1956.8 of Title 13 of the California Code of
Regulations.
(ii) (I) Between January 2, 2018, and January 1, 2020, inclusive,
a heavy-duty truck with an internal combustion engine receiving
moneys appropriated pursuant to this subparagraph shall use not less
than 30 percent renewable fuel.
(II) Beginning January 2, 2020, a heavy-duty truck with an
internal combustion engine receiving moneys appropriated pursuant to
this subparagraph shall use not less than 50 percent renewable fuel.
(III) The state board may increase the minimum percentage of
renewable fuel required for the appropriation of moneys pursuant to
this subparagraph in subsequent years if the state board makes a
finding that a higher percentage is commercially feasible and the
State Energy Resources Conservation and Development Commission makes
a finding that there is a sufficient supply of renewable energy fuel
available. An increase adopted pursuant to this subclause shall apply
prospectively to moneys awarded after the increase is adopted by the
state board.
(IV) The percentage in effect at the time the moneys are awarded
to a heavy-duty truck with an internal combustion engine pursuant to
this subparagraph shall not change that award.
(V) This subparagraph does not alter or affect, in any way, the
amount of credit or grants for which a low-carbon fuel provider or
truck operator is eligible pursuant to law.
(2) Zero- and near-zero-emission bus technology development,
demonstration, precommercial pilots, and early commercial
deployments, including pilots of multiple vehicles at one site or
region.
(3) Zero- and near-zero-emission off-road vehicle and equipment
technology development, demonstration, precommercial pilots, and
early commercial deployments, including vehicles and equipment in the
port, agricultural, marine, construction, and rail sectors.
(4) Purchase incentives, which may include point-of-sale, for
commercially available zero- and near-zero-emission truck, bus, and
off-road vehicle and equipment technologies and fueling
infrastructure to support early market deployments of alternative
technologies and to increase manufacturer volumes and accelerate
market acceptance.
(5) Projects that support greater commercial motor vehicle and
equipment freight efficiency and greenhouse gas emissions reductions,
including, but not limited to, advanced intelligent transportation
systems, autonomous vehicles, and other freight information and
operations technologies.
(c) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall develop
guidance through the existing Air Quality Improvement Program funding
plan process for the implementation of this section that is
consistent with the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500)) and this chapter.
(d) The guidance developed pursuant to subdivision (c) shall do
all of the following:
(1) Outline performance criteria and metrics for deployment
incentives. The goal shall be to design a simple and predictable
structure that provides incentives for truck, bus, and off-road
vehicle and equipment technologies that provide significant
greenhouse gas reduction and air quality benefits.
(2) Ensure that program investments are coordinated with funding
programs developed pursuant to the California Alternative and
Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction
Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5).
(3) Promote projects that assist the state in reaching its climate
goals beyond 2020, consistent with Sections 38550 and 38551.
(4) Promote investments in medium- and heavy-duty trucking,
including, but not limited to, vocational trucks, short-haul and
long-haul trucks, buses, and off-road vehicles and equipment,
including, but not limited to, port equipment, agricultural
equipment, marine equipment, and rail equipment.
(5) Implement purchase incentives for eligible technologies to
increase the use of the cleanest vehicles in disadvantaged
communities.
(6) Allow for remanufactured and retrofitted vehicles to qualify
for purchase incentives if those vehicles meet warranty and emissions
requirements, as determined by the state board.
(7) Establish a competitive process for the allocation of moneys
for projects funded pursuant to this section.
(8) Leverage, to the maximum extent feasible, federal or private
funding.
(9) Ensure that the results of emissions reductions or benefits
can be measured or quantified.
(10) Ensure that activities undertaken pursuant to this section
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminants.
(e) In evaluating potential projects to be funded pursuant to this
section, the state board shall give priority to projects that
demonstrate one or more of the following characteristics:
(1) Benefit disadvantaged communities pursuant to Sections 39711
and 39713.
(2) The ability to leverage additional public and private funding.
(3) The potential for cobenefits or multiple-benefit attributes.
(4) The potential for the project to be replicated.
(5) Regional benefit, with focus on collaboration between multiple
entities.
(6) Support for technologies with broad market and emissions
reduction potential.
(7) Support for projects addressing technology and market barriers
not addressed by other programs.
(8) Support for enabling technologies that benefit multiple
technology pathways.
(f) In the implementation of this section, the state board, in
consultation with the State Energy Resources Conservation and
Development Commission, shall create an annual framework and plan.
The framework and plan shall be developed with public input and may
utilize existing investment plan processes and workshops as well as
existing state and third-party research and technology roadmaps. The
framework and plan shall do all of the following:
(1) Articulate an overarching vision for technology development,
demonstration, precommercial pilot, and early commercial deployments,
with a focus on moving technologies through the commercialization
process.
(2) Outline technology categories, performance criteria, and
required mandates for technologies and applications that may be
considered for funding pursuant to this section. This shall include
technologies and low-carbon fuel requirements for medium- and
heavy-duty trucking, including, but not limited to, vocational
trucks, short-haul and long-haul trucks, buses, and off-road vehicles
and equipment, including, but not limited to, port equipment,
agricultural equipment, construction equipment, marine equipment, and
rail equipment.
(3) Describe the roles of the relevant agencies and the process
for coordination among agencies, program participants, and low-carbon
fuel providers.
(g) For purposes of this section, the following terms have the
following meanings:
(1) Effective January 2, 2018, "Heavy-duty truck" means a vehicle
that has a gross vehicle weight rate (GVWR) of 26,001 pounds or more.
(2) "Zero- and near-zero-emission" means vehicles, fuels, and
related technologies that reduce greenhouse gas emissions and improve
air quality when compared with conventional or fully commercialized
alternatives, as defined by the state board in consultation with the
State Energy Resources Conservation and Development Commission.
"Zero- and near-zero-emission" may include, but is not limited to,
zero-emission technology, enabling technologies that provide a
pathway to emissions reductions, advanced or alternative fuel engines
for long-haul trucks, and hybrid or alternative fuel technologies
for trucks and off-road equipment.