Budget Change Proposal - Cover Sheet - CA.gov
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STATE OF CALIFORNIA Budget Change Proposal - Cover Sheet DF-46 (REV 09/19) Budget Change Proposal - Cover Sheet Fiscal Year: 2020-21 Business Unit: 3900 Department: California Air Resources Board Priority Number: Budget Request Name: 3900-026-BCP-2020-GB Program: 3500-MOBILE SOURCE Subprogram: N/A Budget Request Description: Heavy-Duty Vehicle Inspection and Maintenance Program (SB 210) Budget Request Summary: The California Air Resources Board (CARB) requests $1 million Air Pollution Control Fund in fiscal year 2020-21 and 4.0 permanent positions and $729,000 ongoing to begin implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program (Program) pursuant to Chapter 298, Statutes of 2019 (SB 210). With these resources, CARB will complete required pilot program activities, develop rulemaking documents, and coordinate Program development and implementation with partner State agencies and departments. Compliance fees authorized by SB 210 are expected to fully support the 4.0 new positions beginning in fiscal year 2023-24. Requires Legislation: ☐ Yes ☒ No Code Section(s) to be Added/Amended/Repealed: Does this BCP contain information technology (IT) components? ☐ Yes ☒ No If yes, departmental Chief Information Officer must sign. Department CIO Name: Department CIO Signature:
Signed On Date: For IT requests, specify the project number, the most recent project approval document (FSR, SPR, S1BA, S2AA, S3SD, S4PRA), and the approval date. Project Number: Project Approval Document: Approval Date: If proposal affects another department, does other department concur with proposal? ☒ Yes ☐ No Attach comments of affected department, signed and dated by the department director or designee. Prepared By: Jason Hill-Falkenthal Date: Reviewed By: Edna Murphy Date: Department Director: Richard W. Corey Date: Agency Secretary: Jared Blumenfeld Date: Department of Finance Use Only Additional Reviews: Capital Outlay:☐ ITCU:☐ FSCU:☐ OSAE:☐ Department of Technology:☐ APBM: Teresa Calvert Date submitted to the Legislature: January 10, 2020
A. Budget Request Summary The California Air Resources Board (CARB) requests $1 million Air Pollution Control Fund in fiscal year 2020-21 and 4.0 permanent positions and $729,000 ongoing to begin implementation of the Heavy-Duty Vehicle Inspection and Maintenance Program (Program) pursuant to Chapter 298, Statutes of 2019 (SB 210). With these resources, CARB will complete required pilot program activities, develop rulemaking documents, and coordinate Program development and implementation with partner State agencies and departments. SB 210 authorizes CARB to assess fees, which shall be deposited into the new Truck Emission Check (TEC) fund. Compliance fees from the TEC fund are expected to fully support the 4.0 new positions beginning in 2023-24; therefore, support from the Air Pollution Control Fund is requested for three years (fiscal years 2020-21, 2021-22, and 2022-23). SB 210 requires CARB to adopt and implement, in consultation with the Department of Motor Vehicles (DMV), Bureau of Automotive Repair (BAR), California Highway Patrol (CHP), and other state entities, California’s Heavy-Duty Vehicle Inspection and Maintenance Program to verify that emissions control systems on non-gasoline heavy- duty motor vehicles over 14,000 pounds are present and properly functioning. CARB estimates that additional positions and resources will be necessary in future fiscal years to effectively develop and implement the Program. If additional resources are needed, it will be after CARB has: (1) followed the California Department of Technology’s Project Approval Life Cycle (PAL) process for new IT projects; (2) determined the level of additional resources that can be supported by the compliance fee; and (3) had sufficient time to coordinate with the DMV, CHP, Caltrans, BAR, and other entities as required by SB 210 on the development and implementation of the Program. B. Background/History In California, heavy-duty diesel vehicles with a Gross Vehicle Weight Ratio over 14,000 pounds are one of the largest sources of mobile air pollution. Even with CARB’s recent vehicle turnover rules (such as the Truck and Bus regulation), modern emissions controls, and on-board diagnostics (OBD) monitoring systems, heavy-duty diesel vehicles are still responsible for the majority of on-road mobile source emissions due in large part to broken emissions-related components. Estimates for 2019 indicate that these vehicles contribute approximately 58 percent of the statewide on-road mobile source oxides of nitrogen (NOx) emissions and about 82 percent of the statewide on- road mobile source particulate matter (PM) 2.5 emissions. NOx, a harmful criteria pollutant, is one of the chief components in ozone (smog) formation. Exposure to ozone can result in reduced lung function, increased respiratory symptoms, increased airway hyper reactivity, premature death, hospitalization for cardiopulmonary causes, and
emergency room visits for asthma. Diesel PM2.5 is a carcinogenic and toxic air contaminant; CARB estimates about 70 percent of total known cancer risk related to air toxics in the state is attributable to diesel PM2.5. Annual non-cancer health effects associated with diesel PM2.5 exposure include an estimated 1,400 cases of cardiopulmonary death, approximately 220 cases of cardiovascular or respiratory hospitalization, and approximately 600 respiratory emergency room visits, also including for asthma. CARB administers several programs to reduce emissions from heavy-duty vehicles. These programs include the Truck and Bus regulation, which requires older vehicles to be retrofitted with diesel particle filters, and turnover to newer engines equipped with modern after treatment systems such as diesel particulate filters and selective catalyst reduction systems to combat high levels of particulate matter and NOx emissions emitted from these vehicles. Recently, Chapter 5, Statutes of 2017 (SB 1), strengthened the compliance mechanism for the Truck and Bus regulation by requiring compliance with the regulation in order to register a heavy-duty vehicle with the DMV beginning January 1, 2020. This enhanced enforcement of the Truck and Bus regulation will help accelerate the turnover of older vehicles to vehicles with modern diesel particulate filters and selective catalyst reduction after-treatment technologies. Although the Truck and Bus regulation contains provisions to verify that vehicles are equipped with the newest emissions control technologies, it does not require these emissions control systems to be readily maintained and repaired in a timely manner, as needed. Given that excess PM2.5 and NOx emissions from heavy-duty vehicles are largely the result of the operation of vehicles with malfunctioning emissions control systems, it is critical to confirm that these systems are functioning properly. The comprehensive inspection Program established by SB 210 will help the state oversee the approximately one million heavy-duty vehicles traveling in California, including those registered in other states and neighboring countries, and maintain their emissions control systems to remain as low emitting as possible throughout their on- road operating lives. The Program requires vehicles to have properly functioning emissions control systems, to monitor NOx and PM emissions, and to address necessary emissions-related repairs in a timely manner. SB 210 requires CARB to base the Program on the latest advances in emissions control technology and to leverage the expertise and resources of multiple state agencies, including law enforcement, to reduce in-use emissions from heavy-duty vehicles. This effort will require CARB and DMV to work to establish enhanced database communication capabilities to provide accurate communication between CARB and DMV IT systems. CARB must also develop a comprehensive application/database to: (1) collect vehicle testing data on all vehicles subject to the Program to determine vehicle compliance, (2) provide stakeholders a payment portal to pay program fees, (3) and provide stakeholders with a tool to obtain vehicle compliance certificates as required by SB 210. In addition to creating a more level playing field for both in-state and out-of-state heavy-
duty vehicles operating in California, the Program will significantly reduce NOx and diesel PM2.5 emissions from the trucking sector, which will help minimize community exposure and improve public health. These anticipated reductions are a critical component of California’s strategy to attain federally-mandated ozone and PM2.5 standards. As this Program will be an entirely new program, there is no resource or workload history associated with it. C. State Level Considerations The SB 210 Program is a critical measure in multiple air quality and transportation plans to attain healthy air for California residents, meet federally-mandated emissions reduction targets, and achieve sustainable transportation goals. These plans include California’s Mobile Source Strategy, California’s State Implementation Plan (SIP) Strategy - San Joaquin Valley, California Sustainable Freight Action Plan, and the Community Air Protection Program Blueprint. D. Justification This proposal serves to protect California residents by enhancing opportunities to reduce harmful pollution levels from heavy-duty vehicles. With the resources requested in this proposal, CARB will be able to begin implementing the Heavy-Duty Vehicle Inspection and Maintenance Program requiring all heavy-duty vehicle owners to properly maintain their emissions control equipment in order to operate legally in the state. This program will be analogous to BAR’s Smog Check program, which has been in place since the 1980s for passenger vehicles; no such program for heavy-duty vehicles exists. This collaborative, multi-departmental effort will improve enforcement for in-state and out-of-state vehicles by creating an effective, streamlined program that leverages existing infrastructure (e.g., DMV registration for in-state vehicles, CHP weigh stations for in-state and out-of-state vehicles, etc.) to induce widespread compliance. This proposal would provide 4.0 new positions supported by the Air Pollution Control Fund for three years (through 2022-23), with compliance fees fully supporting the program beginning in 2023-24. In addition, this proposal includes $314,000 for one- time equipment; see section Supplemental Information for more detail. The Air Resources Supervisor I will oversee development and finalization of the pilot program activities, including a report depicting the findings for posting on CARB’s website as required by SB 210. This position will also oversee the development of the draft regulatory Program proposal and all associated rulemaking documents (SRIA, Form 399, ISOR, Regulation Order, etc.). The 3.0 requested Air Resources Engineers will work on Program development and implementation tasks including, but not limited to:
1. Coordinating with CHP in developing a Certificate of Compliance; 2. Developing and testing data formats, data schema requirements, data security requirements, data transfer protocols, and technical specifications for vehicle testing devices used to test vehicles for Program compliance; 3. Identifying Program data gaps; 4. Establishing research efforts to remedy these gaps; 5. Coordinating with Caltrans to identify suitable locations for establishing testing equipment infrastructure at locations throughout the State, including potential locations such as weigh stations and agricultural inspection stations; 6. Obtaining the necessary permits to install the equipment, and coordinating with other State agencies on HD I/M program development; 7. Performing Program emissions modeling (e.g., assessing the emissions impact and cost effectiveness of different HD I/M regulatory alternatives); 8. Determining potential program validation methods utilizing advanced data collection techniques that could be used to assess the program success upon implementation; and, 9. Ensuring that emission reductions attributed to this program will be accounted for and credited in planning and technical documents such as the State Implementation Plan, scoping plans, and California’s EMission FACtor (EMFAC) emissions inventory model. E. Outcomes and Accountability The resources requested in this proposal will enable CARB to perform the functions necessary to: (1) complete the pilot program activities required by SB 210; (2) begin development of the rulemaking documents for the Board’s approval of the Program; and (3) coordinate with other state agencies on development and implementation of the Program. All requested positions will work to develop components of the regulation, and, after adoption of the regulation, will work to implement the program to achieve widespread compliance for all vehicles operating in California. SB 210 requires CARB to complete the following pilot program activities: a) Implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into the Program.
b) As part of a public process, consult with BAR, Caltrans, DMV, CHP, other relevant state agencies, and stakeholders to develop and implement the pilot program. c) Report the findings of the pilot program activities on CARB’s website. d) No later than two years following completion of the pilot program activities, report to the transportation and environmental committees of the Legislature on: - All investigated test procedures and hardware and software; - An assessment of the most cost-effective, enforceable, and least burdensome program design for vehicle operators, including the estimated downtime for each investigated test procedure; - A comprehensive enforcement strategy to ensure fair application of the program; - A description of how the agency will harmonize the program with the existing regulations to eliminate duplicative regulatory requirements; and - Steps CARB will take to ensure emissions reductions attributed to the Program will be accounted for and credited in state implementation plans, scoping plans, emissions models, and other applicable technical documents. The rulemaking documents developed by CARB staff will establish the technical basis for the regulatory program, which will be consistent with the following provisions of SB 210: a) Establish test procedures for different heavy-duty vehicle model years and emissions control technologies that may include the use of on-board diagnostic systems (OBD). b) Ensure that at least one test procedure and the compliance fee combined do not exceed $30.00 maximum per vehicle. c) Require heavy-duty vehicles in California to pass the inspection test in order to register or operate in California. d) Establish a data communication process with the DMV to issue annual vehicle registration notices. e) Require heavy-duty vehicles from other states, Canada, or Mexico to pass the inspection test in order to operate in California. f) Develop a Certificate of Compliance for issuance to owners or designees of compliant heavy-duty vehicles. g) Establish program validation methods for evaluating program effectiveness, and aiding fraud investigations and research. h) Establish enforcement methods to prohibit the operation of heavy-duty vehicles with visible smoke, pursuant to the requirements of Vehicle Code section 27153. An IT database to collect and track vehicle testing data to determine compliance for vehicles subject to the Program will be developed after the completion of the PAL process. Any resources requested to develop the IT database would be in a subsequent Budget Change Proposal (BCP). SB 210 also requires CARB to coordinate with BAR, DMV, Caltrans, CHP, and CDFA in various aspects of program development, implementation, and operation. For example,
CARB staff will coordinate with DMV in issuing vehicle registration pursuant to showing compliance with the Program, and will work together in issuing temporary operating permits when deemed necessary. Staff will work directly with Caltrans and CDFA to establish locations for roadside and remote sensing emission monitoring equipment. CARB staff also anticipates that CHP will assist in overseeing compliance with the Program by assisting CARB with vehicle inspections at roadside locations, CHP weigh stations, and private fleet locations. Additional permanent resources to oversee and implement the Program may be requested in subsequent BCPs following close collaboration with other state entities to develop a comprehensive implementation plan. Such requests would follow the development of the Project Approval Lifecycle PAL Analysis. Projected Outcomes CY 2019-20 BY BY+1 BY+2 BY+3 Workload Measure (Tasks) (with existing 2020-21 2021-22 2022-23 2023-24 resources) Contract management tasks for 15 30 Pilot Program Activities: Contract to demo OBD data collection /submission tools; OBD repair and costs data collection (ERG) On-road remote sensing/plume capture contracts (OPUS, HEAT) Automated license plate recognition camera demonstrations; coordination pilots with BAR, DMV, CHP; Demo Revamped Smart Audit enforcement tools Coordinate with partner State N/A 40 30 10 10 agencies on multi-departmental implementation Vehicle monitoring /emissions N/A 35 10 0 0 testing equipment installations (i.e., remote sensing, license plate readers, testing kiosks, etc.) Data submission device N/A 30 45 45 45 certification applications evaluated
F. Analysis of All Feasible Alternatives Alternative 1: Approve proposal as requested. Pro: Provides the necessary resources to: (1) complete SB 210’s pilot program activities; (2) develop Program rulemaking documents for the Board’s approval; and (3) coordinate program development and implementation in consultation with partner state agencies. The requested positions will help lay the groundwork for successful Program implementation in future years. Con: Requires temporary resources from the Air Pollution Control Fund and ongoing resources from the Truck Emission Check Fund, and increases CARB’s overall position authority. Alternative 2: Approve proposal with reduced staffing – 2.0 ARE positions and $352,000 Air Pollution Control Fund for three years and ongoing funding from the Truck Emission Check Fund. Pro: Requires less temporary funding from Air Pollution Control Fund and ongoing funding from the Truck Emission Check Fund, and would add fewer positions to CARB’s total position authority. Con: Could delay completion of pilot program activities and CARB staff’s ability to develop a regulatory proposal for Board consideration in a timely manner. Such a delay could impede CARB’s ability to meet 2024 SIP targets in the San Joaquin Valley region, thus exposing area residents to higher levels of harmful pollutants and jeopardizing federal transportation funding for California. Alternative 3: Deny proposal. Pro: No funding from Air Pollution Control Fund needed. Con: CARB would be unable to meet the statutory requirements of SB 210 and would be less equipped to achieve the NOx and PM2.5 reductions necessary to achieve California’s clean air commitments and federal attainment requirements. G. Implementation Plan Upon approval of the 2020 Budget Act, CARB will fill 4.0 new positions starting in the 2020-21 fiscal year. The table below represents a timeline for tasks and activities that CARB staff will undertake to conduct and finalize the pilot program activities, develop a regulatory proposal and associated rulemaking documents, and coordinate with other state agencies on development and implementation of the Program. Additional
permanent resources to oversee and implement the Program may be requested in subsequent BCPs following these activities. Current Year 2019-20 (Absorbed within Existing Resources) • Conduct Program Workgroup Meetings and Public Workshops • Start conducting Pilot Program Activities (described in Projected Outcomes table above) Budget Year 2020-21 • Coordinate with DMV to establish a mechanism to allow vehicle registration through verification of Program compliance • Coordinate with CHP to develop and finalize a Compliance Certificate and to establish effective field and data-driven enforcement methods to ensure high levels of compliance for both in-state and out-of-state vehicles • Identify data gaps needed to be filled to implement the Program and establish research efforts to remedy these gaps • Work with Caltrans to establish locations for program infrastructure, such as emissions monitoring systems and OBD data submission devices, and obtain necessary permits for installing equipment • Develop vehicle testing data formats, schema requirements, and specifications which vehicle testing devices must meet as part of the Program for fleets to submit OBD data • Finalize pilot program activities and prepare a report for the Legislature and for posting on CARB’s website • Complete the Standardized Regulatory Impact Analysis (SRIA) analyzing the potential costs and benefits for the upcoming Program regulation • Perform Program emissions modeling efforts and determine program validation methods to be used to assess program effectiveness upon implementation and evaluate possible methods for obtaining SIP credit for the program • Coordinate with BAR, DMV, Caltrans, CHP, and CDFA on implementation of the Program to facilitate compliance for in-state and out-of-state vehicles • Finalize rulemaking documents (Form 399, ISOR, Regulation Order) and present the proposed regulation to the Board for approval H. Supplemental Information CARB’s Portable Emission AcQuisition System (PEAQS) is designed to remotely measure fuel-based emission factors from vehicles as they are driven through the system with minimal to zero vehicle traffic flow interference; thus vehicle emissions are measured under real-world conditions and in a short period of time. For the Program, PEAQS could be used as a primary screening tool to identify on-road heavy-duty
vehicles emitting high emissions, otherwise known as high emitters. The identified high emitters could be further followed-up with more emissions testing and repair(s). Hence, PEAQS could help enhance Program enforcement efforts and ensure heavy-duty vehicles with broken emissions control systems get repaired in a timely manner. PEAQS could also be used for Program validation purposes upon implementation of the Program. CARB is requesting a one-time funding of $314,000 to purchase more PEAQS equipment to support the Program’s on-road emissions measurement pilot activities for evaluation of its use in the Program. I. Recommendation CARB recommends approving Alternative 1. This BCP will provide sufficient funding to complete the pilot activities required by SB 210, develop Program rulemaking documents for the Board’s approval, and coordinate program development and implementation in consultation with partner state agencies.
BCP Fiscal Detail Sheet BCP Title: Heavy-Duty Vehicle Inspection and Maintenance Program (SB 210) BR Name: 3900-026-BCP-2020-GB Budget Request Summary Personal Services Personal Services FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year Positions - Permanent 0.0 4.0 4.0 4.0 4.0 4.0 Total Positions 0.0 4.0 4.0 4.0 4.0 4.0 Salaries and Wages 0 416 416 416 416 416 Earnings - Permanent Total Salaries and Wages $0 $416 $416 $416 $416 $416 Total Staff Benefits 0 221 221 221 221 221 Total Personal Services $0 $637 $637 $637 $637 $637 Operating Expenses and Equipment Operating Expenses and Equipment FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year 5301 - General Expense 0 8 8 8 8 8 5302 - Printing 0 4 4 4 4 4 5304 - Communications 0 8 8 8 8 8 5320 - Travel: In-State 0 16 16 16 16 16 5322 - Training 0 4 4 4 4 4 5324 - Facilities Operation 0 40 40 40 40 40 5346 - Information Technology 0 16 12 12 12 12 5368 - Non-Capital Asset Purchases - Equipment 0 314 0 0 0 0 Total Operating Expenses and Equipment $0 $410 $92 $92 $92 $92 Total Budget Request Total Budget Request FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year Total Budget Request $0 $1,047 $729 $729 $729 $729
Fund Summary Fund Source Fund Source FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year State Operations - 0115 - Air Pollution Control Fund 0 1,047 729 729 0 0 State Operations - 3358 - Truck Emission Check Fund 0 0 0 0 729 729 Total State Operations Expenditures $0 $1,047 $729 $729 $729 $729 Total All Funds $0 $1,047 $729 $729 $729 $729 Program Summary Program Funding Program Funding FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year 3500 - Mobile Source 0 1,047 729 729 729 729 Total All Programs $0 $1,047 $729 $729 $729 $729
Personal Services Details Positions Positions FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year 3735 - Air Resources Engr (Eff. 07-01-2020) 0.0 3.0 3.0 3.0 3.0 3.0 3762 - Air Resources Supvr I (Eff. 07-01-2020) 0.0 1.0 1.0 1.0 1.0 1.0 Total Positions 0.0 4.0 4.0 4.0 4.0 4.0 Salaries and Wages Salaries and Wages FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year 3735 - Air Resources Engr (Eff. 07-01-2020) 0 299 299 299 299 299 3762 - Air Resources Supvr I (Eff. 07-01-2020) 0 117 117 117 117 117 Total Salaries and Wages $0 $416 $416 $416 $416 $416 Staff Benefits Staff Benefits FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year 5150350 - Health Insurance 0 67 67 67 67 67 5150500 - OASDI 0 32 32 32 32 32 5150600 - Retirement - General 0 122 122 122 122 122 Total Staff Benefits $0 $221 $221 $221 $221 $221 Total Personal Services Total Personal Services FY20 FY20 FY20 FY20 FY20 FY20 Current Budget BY+1 BY+2 BY+3 BY+4 Year Year Total Personal Services $0 $637 $637 $637 $637 $637
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