SECTIONS 44299.75-44299.79

44299.75.  As used in this chapter, the following terms have thefollowing meanings: (a) "Advanced introduction costs" means the costs of the project,less a baseline cost that would otherwise be incurred by theapplicant in the normal course of business. "Advanced introductioncosts" may include, but shall not be limited to, incremental costs,additional operational costs, facility modifications, additionalstaff training, fueling infrastructure, and costs associated withoff-cycle vehicle replacement, as determined by the district. (b) "Attainment" means meeting the National Ambient Air QualityStandards (NAAQS) for ozone. (c) "Covered engine" includes any internal combustion engine orelectric motor and drive powering a covered source. (d) "Covered source" includes onroad and off-road heavy-dutydiesel vehicles and other onroad and off-road high-emitting dieselengine categories, as determined by the San Joaquin Valley AirPollution Control District. (e) "Covered vehicle" includes any vehicle or piece of equipmentpowered by a covered engine. (f) "District" means the San Joaquin Valley Air Pollution ControlDistrict. (g) "New very low-emission vehicle" means a vehicle that qualifiesas a very low-emission vehicle when it is a new vehicle, as definedin Section 430 of the Vehicle Code, or that is modified with theapproval and warranty of the original equipment manufacturer toqualify as a very low-emission vehicle within 12 months of deliveryto an owner for private or commercial use. (h) "NO x" means oxides of nitrogen. (i) "Program" means the San Joaquin Valley Emergency Clean AirAttainment Program created by this chapter. (j) "Repower" means replacing an engine with a different engine.The term "repower," as used in this chapter, generally refers toreplacing an older, uncontrolled engine with a new,emissions-certified engine, although replacing an olderemissions-certified engine with a new engine certified to loweremissions standards may be eligible for funding under this program. (k) "Retrofit" means making modifications to the engine and fuelsystem such that the retrofitted engine does not have the samespecifications as the original engine. ( l) "San Joaquin Valley federal ozone nonattainment area" meansthe area defined by the United States Environmental Protection Agencyon page 56699 of Volume 56 of the Federal Register dated November 6,1991. (m) "Very low-emission vehicle" means a vehicle with emissionssignificantly lower than otherwise applicable baseline emissionstandards or uncontrolled emission levels determined pursuant to thecriteria in Section 44282.44299.76.  (a) There is hereby created the San Joaquin ValleyEmergency Clean Air Attainment Program. The program shall beadministered and implemented by the district. (b) The program may provide grants to offset the advancedintroduction costs of eligible projects that the district determinesaid in the reduction of onroad and off-road emissions of NO x withinthe San Joaquin Valley federal ozone nonattainment area. (c) Eligibility of projects for grant awards shall be determinedby the district in accordance with this chapter.44299.77.  (a) Eligible projects may include, but shall not belimited to, any of the following: (1) Purchase of new very low- or zero-emission covered vehicles orcovered engines to replace older heavy-duty diesel vehicles orengines. (2) NO x emission-reducing retrofit of covered engines, orreplacement of old diesel engines and drives powering covered sourceswith newer diesel engines and drives certified to more stringent NOx emissions standards than the engine being replaced. (3) Purchase and use of NO x emission-reducing add-on equipmentfor covered vehicles. (4) Implementation of practical, low-emission retrofittechnologies, repower options, advanced technologies, or low sulfuror alternative fuel mixtures for covered engines and vehicles. (b) In determining eligible projects, the district shall notexclude any technology based on the type of fuel utilized by thattechnology. (c) Eligible applicants may be any person or public agency thatowns one or more covered vehicles that operate primarily within theSan Joaquin Valley federal ozone nonattainment area or otherwisecontribute substantially to the NO x emissions inventory in the SanJoaquin Valley federal ozone nonattainment area, as determined by thedistrict. (d) The program shall provide grants to eligible projects thathelp reduce onroad and off-road NO x emissions on a timely andcost-effective basis within the San Joaquin Valley federal ozonenonattainment area in order to maximize the reduction in NO xemissions from available funds, thereby aiding the area in itsefforts to achieve applicable air quality goals.44299.78.  (a) Funds to implement the program shall be provided fromthe amount allocated from the Traffic Congestion Relief Fund for thepurposes of paragraph (100) of subdivision (a) of Section 14556.40of the Government Code. (b) Funds from the account may be reserved by the district forlocal governments within the San Joaquin Valley federal ozonenonattainment areas that adopt an eligible program pursuant to thischapter. (c) To ensure that emission reductions are obtained as needed frompollution sources, any funds provided as described in subdivision(a) shall be segregated as follows: (1) Not more than 1 percent of the funds shall be allocated toprogram support and outreach costs incurred by the district directlyassociated with implementing the program pursuant to this chapter. (2) Not more than 2 percent of the funds provided as described insubdivision (a) shall be allocated to direct program outreachactivities. (3) The balance shall be used to offset costs of eligibleprojects. (d) Funds provided as described in subdivision (a) shall beallocated to the district upon the approval by the district of anapplication from an eligible applicant regarding an eligible project.The district may determine the maximum amount of annual funding eachapplicant may receive. (e) Funds provided as described in subdivision (a) shall not beexpended on any NO x control retrofit technology unless thetechnology has been determined to be eligible for use in the programpursuant to Section 44299.79.44299.79.  On or before January 10, 2001, the executive officer ofthe state board shall make a determination as to the eligibility ofNO x retrofit technologies for use in the program, and may makeadditional determinations of eligibility of NO x technologies afterJanuary 10, 2001. In order to be determined eligible by the executiveofficer of the state board, each NO x retrofit technology shallhave, at a minimum, the ability to reduce onroad heavy-duty dieselemissions of NO x by 10 percent or more and shall be durable andeffective in reducing emissions, as determined by the executiveofficer of the state board.