2009 California Health and Safety Code - Section 44299.80-44299.85 :: Chapter 9.8. The California Port Community Air Quality Program

HEALTH AND SAFETY CODE
SECTION 44299.80-44299.85

44299.80.  As used in this chapter, the following terms have the
following meanings:
   (a) "Advanced introduction cost" means the cost of a project less
a baseline cost that would otherwise be incurred by the applicant in
the normal course of business based on the actual age and turnover
rates of trucks used at ports, and may include, but is not limited
to, any of the following: incremental engine costs, re-engine or
retrofit costs, additional operational costs, incremental fuel costs,
facility modifications, and scrappage costs to eliminate operation
on highways in the state.
   (b) "Cost-effectiveness" means the funds provided to a project for
each ton of particulate matter reduction attributed to a project or
to the program as a whole. In calculating cost-effectiveness, a
one-time grant of funds made at the beginning of a project shall be
annualized using a time value of public funds or discount rate
determined for each project. Cost-effectiveness shall be calculated
by dividing annualized costs by local emissions reductions of PM.
   (c) "Covered engine" includes an engine from any onroad heavy-duty
diesel truck or bus weighing over 33,000 pounds and used in for-hire
or proprietary trucking operated by a trucking company that services
a port in the state.
   (d) "Covered source" includes onroad heavy-duty diesel vehicles
and other onroad high-emitting diesel engine categories.
   (e) "Covered vehicle" includes any vehicle or piece of equipment
powered by a covered engine.
   (f) "District" means the Bay Area Air Quality Management District
as described in Chapter 4 (commencing with Section 40200) of Part 3
and the South Coast Air Quality Management District as described in
Chapter 5.5 (commencing with Section 40400) of Part 3.
   (g) "Gr-bhph" means grams-per brake horsepower hour.
   (h) "Marine terminal" has the same meaning as in Section 40720.
   (i) "New very low-emission vehicle" means a vehicle that qualifies
as a very low-emission vehicle when it is a new vehicle, as defined
in Section 430 of the Vehicle Code, with regard to particulate matter
emissions standards or that is modified with the approval and
warranty of the original equipment manufacturer to qualify as a very
low-emission vehicle with regard to particulate matter emissions
standards within 12 months of delivery to an owner for private or
commercial use.
   (j) "Port" means any sea or river port in the state.
   (k) "PM" means particulate matter.
   ( l) "Program" means the California Port Community Air Quality
Program created by this chapter.
   (m) "Project" means the replacement, repowering, scrapping, or
retrofitting of a covered vehicle or covered engine that receives a
grant pursuant to this chapter.
   (n) "Repower" means replacing an engine with a different engine.
The term "repower," as used in this chapter, refers to replacing an
older, uncontrolled engine with a newer model engine that meets the
latest emissions standards.
   (o) "Retrofit" means making modifications to the engine and fuel
system so that the retrofitted engine does not have the same
emissions of particulate matter as the original engine.
   (p) "Very low-emission vehicle" means a vehicle with emissions
significantly lower than otherwise applicable baseline emission
standards or uncontrolled emission levels.

44299.81.  (a) The California Port Community Air Quality Program is
hereby established in the Bay Area Air Quality Management District
and the South Coast Air Quality Management District.
   (b) The program shall be implemented and administered by a
district within its jurisdiction. The district shall provide grants
to offset the advanced introduction costs of eligible projects that
reduce onroad emissions of particulate matter within communities
adjacent to marine terminals.
   (c) A district may use moneys derived from fines imposed within
its jurisdiction pursuant to paragraphs (1) and (5) of subdivision
(a) of Section 40720 to offset costs incurred performing the
administration, enforcement, and monitoring activities as required
pursuant to that section.
   (d) A district shall use any moneys derived from fines imposed
within its jurisdiction pursuant to paragraphs (1) and (5) of
subdivision (a) of Section 40720 that are not expended to offset
costs pursuant to paragraph (c) to fund the grant program.

44299.82.  (a) A district shall determine the projects eligible for
grants within that district. Those projects may include, but are not
limited to, any of the following:
   (1) Purchase of a new very-low-emission covered vehicle or covered
engine to replace an older heavy-duty diesel vehicle or engine.
   (2) Purchase and use of PM emission-reducing add-on equipment for
a covered vehicle.
   (3) Implementation of a practical, low-emission retrofit
technology, repower option, advanced technology, or low sulfur diesel
or alternative fuel mixture for a covered engine.
   (b) In determining eligible projects, the district shall consider
whether the project will have the following effects:
   (1) Reduce onroad PM emissions to the maximum extent feasible on a
timely and cost-effective basis at the marine terminal or port and
within the surrounding communities.
   (2) Meet environmental justice goals and objectives set by the
state and local air pollution control agencies, including, but not
limited to, districts.
   (3) Benefit small businesses, giving particular emphasis to
independent minority owners and operators.
   (4) Assist in meeting the 0.01 gr-bhph emission standards adopted
by the federal Environmental Protection Agency for 2007 and later
model year diesel heavy-duty engines and vehicles (40 C.F.R. Sec.
86.007-11).
   (c) A person that owns a covered vehicle that operates near or in
a marine terminal or port is eligible to apply for a project grant if
the district with jurisdiction over that marine terminal or port
determines that the covered vehicle contributes significantly to the
PM emissions inventory in the communities adjacent to that marine
terminal or port.
   (d) Each district shall allocate grant funds in the following
manner:
   (1) Covered engines and covered vehicles that are manufactured
prior to 1994 shall receive 50 percent of the funds to purchase
pre-existing engines or vehicles that are certified by the state
board to have been manufactured after 1993. If the replacement engine
or vehicle is not equipped with a PM retrofit device verified by the
state board, those funds shall be utilized to purchase a PM retrofit
device that is verified by the state board and to offset incremental
costs incurred during the first year of utilizing low-sulfur diesel
fuel with not more than 15 parts per million sulfur. The total cost
to offset the incremental costs may not exceed 10 percent of the cost
of the retrofit control device.
   (2) The remaining 50 percent of the funds shall be used to fund
the purchase of engines or vehicles, including, but not limited to,
engines that are certified to be cleaner than existing exhaust
emission standards, and the repower or retrofit of existing engines
to meet the 0.01 gr-bhph PM emission standard. A new engine purchased
pursuant to this section may operate on any fuel source if that fuel
source is certified by the state board. If a new engine does not
meet the 0.01 gr-bhph PM emission standards, a portion of these funds
shall be utilized to purchase a PM retrofit device that is verified
by the state board and to offset the incremental costs incurred
during the first year of utilizing low-sulfur diesel fuel with not
more than 15 parts per million sulfur to achieve the 0.01 gr-bhph PM
emission standard. The total cost to offset the incremental costs
shall not exceed 10 percent of the cost of the retrofit control
device.
   (e) A district shall give priority to those grant applicants that
provide the greatest reduction in PM emissions.
   (f) A district may give priority to any grant applicant who
provides matching funds for the grant.
   (g) A district may provide a grant to a project that involves
replacing an engine that was manufactured before 1988, only if the
applicant delivers that engine to the district or its agent for
scrappage. The grant award amount shall include the costs the
district will incur in scrapping that engine.
   (h) A district may provide a grant for a project involving PM
control retrofit technology only if that technology has been
determined to be eligible for use by the state board.
   (i) In determining eligible projects, a district may not exclude
any technology based on the type of fuel utilized by that technology.

44299.85.  (a) A district may include any reduction in PM emissions
that result from the implementation of the program in any state
implementation plan, or revision of that plan, that is submitted to
the state board pursuant to Chapter 10 (commencing with Section
40910) of Part 3 for a particulate matter nonattainment area.
   (b) All emission reductions or reduction credits resulting from a
project funded by a district pursuant to this chapter are the
property of the district that approved the grant. The district may
utilize those emission reductions or reduction credits first to
fulfill local and regional commitments to air quality standards. Any
additional reductions or credits that exist after the local or
regional commitment to air quality is fulfilled may be used by the
state board to fulfill the state's commitment to air quality
standards and attainment.

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