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Code Section(s) to be Added/Amended/Repealed: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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