State Codes and Statutes

Statutes > California > Hsc > 44286-44287.2

HEALTH AND SAFETY CODE
SECTION 44286-44287.2



44286.  (a) The responsibilities of the state board include
management of program funds and program oversight. The state board is
responsible for producing guidelines, protocols, and criteria for
covered vehicle projects and developing methodologies for evaluating
project cost-effectiveness in accordance with this chapter. The state
board shall have primary responsibility for the reporting aspects of
the program.
   (b) The responsibilities of a district include local
administration of project funds, monitoring funded projects, and
reporting results to the state board, in accordance with this
chapter. Any project funds awarded to a successful applicant shall be
disbursed by the district.
   (c) Relative to the allocation of funds in the south coast
district, for purposes of this program, Mobile Source Air Pollution
Reduction Review Committee funds shall only be used as matching funds
upon approval, by minute action, of the Mobile Source Air Pollution
Reduction Review Committee.
   (d) The state board may reserve up to 10 percent of the program
funds available each year to directly fund any project that is
multidistrict in nature. A project that is multidistrict in nature
shall be funded by the state board in coordination with the
appropriate districts. The state board shall coordinate outreach
efforts with a participating district to ensure that any parallel
availability of a district grant and a grant from the state board is
clear to an eligible applicant. Reserved funds not committed to a
project funded directly by the state board by the end of the fiscal
year shall be made available to the districts in the following year.
   (e) The commission, in consultation with the state board, shall
manage the Advanced Technology Account and the Infrastructure
Demonstration Program in accordance with this chapter.
   (f) The state board shall work closely with the commission and the
districts for the duration of this program to maximize the ability
of the program to achieve its goals.
   (g) The state board and the districts shall take all appropriate
and necessary actions to ensure that emissions reductions achieved
through the program are credited by the United States Environmental
Protection Agency to the appropriate emission reduction objectives in
the State Implementation Plan.


44287.  (a) The state board shall establish or update grant criteria
and guidelines consistent with this chapter for covered vehicle
projects as soon as practicable, but not later than January 1, 2006.
The adoption of guidelines is exempt from the rulemaking provisions
of the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The state board shall solicit input and comment from the
districts during the development of the criteria and guidelines and
shall make every effort to develop criteria and guidelines that are
compatible with existing district programs that are also consistent
with this chapter. Guidelines shall include protocols to calculate
project cost-effectiveness. The grant criteria and guidelines shall
include safeguards to ensure that the project generates surplus
emissions reductions. Guidelines shall enable and encourage districts
to cofund projects that provide emissions reductions in more than
one district. The state board shall make draft criteria and
guidelines available to the public 45 days before final adoption, and
shall hold at least one public meeting to consider public comments
before final adoption. The state board may develop separate
guidelines and criteria for the different types of eligible projects
described in subdivision (a) of Section 44281.
   (b) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (a) as necessary to improve the
ability of the program to achieve its goals. A proposed revision
shall be made available to the public 45 days before final adoption
of the revision and the state board shall hold at least one public
meeting to consider public comments before final adoption of the
revision.
   (c) The state board shall reserve funds for, and disburse funds
to, districts from the fund for administration pursuant to this
section and Section 44299.1.
   (d) The state board shall develop guidelines for a district to
follow in applying for the reservation of funds, in accordance with
this chapter. It is the intent of the Legislature that district
administration of any reserved funds be in accordance with the
project selection criteria specified in Sections 44281, 44282, and
44283 and all other provisions of this chapter. The guidelines shall
be established and published by the state board as soon as
practicable, but not later than January 1, 2006.
   (e) Funds shall be reserved by the state board for administration
by a district that adopts an eligible program pursuant to this
chapter and offers matching funds at a ratio of one dollar ($1) of
matching funds committed by the district or the Mobile Source Air
Pollution Reduction Review Committee for every two dollars ($2)
committed from the fund. Funds available to the Mobile Source Air
Pollution Reduction Review Committee may be counted as matching funds
for projects in the South Coast Air Basin only if the committee
approves the use of these funds for matching purposes. Matching funds
may be any funds under the district's budget authority that are
committed to be expended in accordance with the program. Funds
committed by a port authority or a local government, in cooperation
with a district, to be expended in accordance with the program may
also be counted as district matching funds. Matching funds provided
by a port authority or a local government may not exceed 30 percent
of the total required matching funds in any district that applies for
more than three hundred thousand dollars ($300,000) of the state
board funds. Only a district, or a port authority or a local
government teamed with a district, may provide matching funds.
   (f) The state board may adjust the ratio of matching funds
described in subdivision (e), if it determines that an adjustment is
necessary in order to maximize the use of, or the air quality
benefits provided by, the program, based on a consideration of the
financial resources of the district.
   (g) Notwithstanding subdivision (e), a district need not provide
matching funds for state board funds allocated to the district for
program outreach activities pursuant to paragraph (4) of subdivision
(a) of Section 44299.1.
   (h) A district may include within its matching funds a reasonable
estimate of direct or in-kind costs for assistance in providing
program outreach and application evaluation. In-kind and direct
matching funds shall not exceed 15 percent of the total matching
funds offered by a district. A district may also include within its
matching funds any money spent on or after February 25, 1999, that
would have qualified as matching funds but were not previously
claimed as matching funds.
   (i) A district desiring a reservation of funds shall apply to the
state board following the application guidelines established pursuant
to this section. The state board shall approve or disapprove a
district application not later than 60 days after receipt. Upon
approval of any district application, the state board shall
simultaneously approve a reservation of funding for that district to
administer. Reserved funds shall be disbursed to the district so that
funding of a district-approved project is not impeded.
   (j) Notwithstanding any other provision of this chapter, districts
and the Mobile Source Air Pollution Reduction Review Committee shall
not use funds collected pursuant to Section 41081 or Chapter 7
(commencing with Section 44220), or pursuant to Section 9250.11 of
the Vehicle Code, as matching funds to fund a project with stationary
or portable engines, locomotives, or marine vessels.
   (k) Any funds reserved for a district pursuant to this section are
available to the district for a period of not more than two years
from the time of reservation. Funds not expended by June 30 of the
second calendar year following the date of the reservation shall
revert back to the state board as of that June 30, and shall be
deposited in the Covered Vehicle Account established pursuant to
Section 44299. The funds may then be redirected based on applications
to the fund. Regardless of any reversion of funds back to the state
board, the district may continue to request other reservations of
funds for local administration. Each reservation of funds shall be
accounted for separately, and unused funds from each application
shall revert back to the state board as specified in this
subdivision.
   (l) The state board shall specify a date each year when district
applications are due. If the eligible applications received in any
year oversubscribe the available funds, the state board shall reserve
funds on an allocation basis, pursuant to Section 44299.2. The state
board may accept a district application after the due date for a
period of months specified by the state board. Funds may be reserved
in response to those applications, in accordance with this chapter,
out of funds remaining after the original reservation of funds for
the year.
   (m) Guidelines for a district application shall require
information from an applicant district to the extent necessary to
meet the requirements of this chapter, but shall otherwise minimize
the information required of a district.
   (n) A district application shall be reviewed by the state board
immediately upon receipt. If the state board determines that an
application is incomplete, the applicant shall be notified within 10
working days with an explanation of what is missing from the
application. A completed application fulfilling the criteria shall be
approved as soon as practicable, but not later than 60 working days
after receipt.
   (o) The commission, in consultation with the districts, shall
establish project approval criteria and guidelines for infrastructure
projects consistent with Section 44284 as soon as practicable, but
not later than February 15, 2000. The commission shall make draft
criteria and guidelines available to the public 45 days before final
adoption, and shall hold at least one public meeting to consider
public comments before final adoption.
   (p) The commission, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (o) as necessary to improve the
ability of the program to achieve its goals. A revision may be
proposed at any time, or may be proposed in response to a finding
made in the annual report on the program published by the state board
pursuant to Section 44295. A proposed revision shall be made
available to the public 45 days before final adoption of the revision
and the commission shall hold at least one public meeting to
consider public comments before final adoption of the revision.
   (q) Unclaimed funds will be allocated by the state board in
accordance with Section 44299.2.
   (r) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.


44287.  (a) The state board shall establish grant criteria and
guidelines consistent with this chapter for covered vehicle projects
as soon as practicable, but not later than January 1, 2000. The
adoption of guidelines is exempt from the rulemaking provisions of
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The state board shall solicit input and comment from the
districts during the development of the criteria and guidelines and
shall make every effort to develop criteria and guidelines that are
compatible with existing district programs that are also consistent
with this chapter. Guidelines shall include protocols to calculate
project cost-effectiveness. The grant criteria and guidelines shall
include safeguards to ensure that the project generates surplus
emissions reductions. Guidelines shall enable and encourage districts
to cofund projects that provide emissions reductions in more than
one district. The state board shall make draft criteria and
guidelines available to the public 45 days before final adoption, and
shall hold at least one public meeting to consider public comments
before final adoption.
   (b) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (a) as necessary to improve the
ability of the program to achieve its goals. A proposed revision
shall be made available to the public 45 days before final adoption
of the revision and the state board shall hold at least one public
meeting to consider public comments before final adoption of the
revision.
   (c) The state board shall reserve funds for, and disburse funds
to, districts from the fund for administration pursuant to this
section and Section 44299.1.
   (d) The state board shall develop guidelines for a district to
follow in applying for the reservation of funds, in accordance with
this chapter. It is the intent of the Legislature that district
administration of any reserved funds be in accordance with the
project selection criteria specified in Sections 44281, 44282, and
44283 and all other provisions of this chapter. The guidelines shall
be established and published by the state board as soon as
practicable, but not later than January 1, 2000.
   (e) Funds shall be reserved by the state board for administration
by a district that adopts an eligible program pursuant to this
chapter and offers matching funds at a ratio of one dollar ($1) of
matching funds committed by the district or the Mobile Source Air
Pollution Reduction Review Committee for every two dollars ($2)
committed from the fund. Funds available to the Mobile Source Air
Pollution Reduction Review Committee may be counted as matching funds
for projects in the South Coast Air Basin only if the committee
approves the use of these funds for matching purposes. Matching funds
may be any funds under the district's budget authority that are
committed to be expended in accordance with the program. Funds
committed by a port authority or a local government, in cooperation
with a district, to be expended in accordance with the program may
also be counted as district matching funds. Matching funds provided
by a port authority or a local government may not exceed 30 percent
of the total required matching funds in any district that applies for
more than three hundred thousand dollars ($300,000) of the state
board funds. Only a district, or a port authority or a local
government teamed with a district, may provide matching funds.
   (f) The state board may adjust the ratio of matching funds
described in subdivision (e), if it determines that an adjustment is
necessary in order to maximize the use of, or the air quality
benefits provided by, the program, based on a consideration of the
financial resources of the district.
   (g) Notwithstanding subdivision (e), a district need not provide
matching funds for state board funds allocated to the district for
program outreach activities pursuant to paragraph (4) of subdivision
(a) of Section 44299.1.
   (h) A district may include within its matching funds a reasonable
estimate of direct or in-kind costs for assistance in providing
program outreach and application evaluation. In-kind and direct
matching funds shall not exceed 15 percent of the total matching
funds offered by a district. A district may also include within its
matching funds any money spent on or after February 25, 1999, that
would have qualified as matching funds but were not previously
claimed as matching funds.
   (i) A district desiring a reservation of funds shall apply to the
state board following the application guidelines established pursuant
to this section. The state board shall approve or disapprove a
district application not later than 60 days after receipt. Upon
approval of any district application, the state board shall
simultaneously approve a reservation of funding for that district to
administer. Reserved funds shall be disbursed to the district so that
funding of a district-approved project is not impeded.
   (j) Notwithstanding any other provision of this chapter, districts
and the Mobile Source Air Pollution Reduction Review Committee shall
not use funds collected pursuant to Section 41081 or Chapter 7
(commencing with Section 44220), or pursuant to Section 9250.11 of
the Vehicle Code, as matching funds to fund a project with stationary
or portable engines, locomotives, or marine vessels.
   (k) Any funds reserved for a district pursuant to this section are
available to the district for a period of not more than two years
from the time of reservation. Funds not expended by June 30 of the
second calendar year following the date of the reservation shall
revert back to the state board as of that June 30, and shall be
deposited in the Covered Vehicle Account established pursuant to
Section 44299. The funds may then be redirected based on applications
to the fund. Regardless of any reversion of funds back to the state
board, the district may continue to request other reservations of
funds for local administration. Each reservation of funds shall be
accounted for separately, and unused funds from each application
shall revert back to the state board as specified in this
subdivision.
   (l) The state board shall specify a date each year when district
applications are due. If the eligible applications received in any
year oversubscribe the available funds, the state board shall reserve
funds on an allocation basis, pursuant to subdivision (b) of Section
44299.1. The state board may accept a district application after the
due date for a period of months specified by the state board. Funds
may be reserved in response to those applications, in accordance with
this chapter, out of funds remaining after the original reservation
of funds for the year.
   (m) Guidelines for a district application shall require
information from an applicant district to the extent necessary to
meet the requirements of this chapter, but shall otherwise minimize
the information required of a district.
   (n) A district application shall be reviewed by the state board
immediately upon receipt. If the state board determines that an
application is incomplete, the applicant shall be notified within 10
working days with an explanation of what is missing from the
application. A completed application fulfilling the criteria shall be
approved as soon as practicable, but not later than 60 working days
after receipt.
   (o) The state board, in consultation with the districts, shall
establish project approval criteria and guidelines for infrastructure
projects consistent with Section 44284 as soon as practicable, but
not later than February 15, 2000. The commission shall make draft
criteria and guidelines available to the public 45 days before final
adoption, and shall hold at least one public meeting to consider
public comments before final adoption.
   (p) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (o) as necessary to improve the
ability of the program to achieve its goals. A revision may be
proposed at any time, or may be proposed in response to a finding
made in the annual report on the program published by the state board
pursuant to Section 44295. A proposed revision shall be made
available to the public 45 days before final adoption of the revision
and the commission shall hold at least one public meeting to
consider public comments before final adoption of the revision.
   (q) This section shall become operative on January 1, 2015.



44287.1.  (a) The state board shall, at its first opportunity,
revise the grant criteria and guidelines adopted pursuant to Section
44287 to incorporate projects in which an applicant turns in nonroad
internal combustion technology and equipment that the applicant owns
and that still has some useful life, coupled with the purchase of new
nonroad zero-emission technology and equipment that is in a similar
category or that can perform the same work.
   (b) When it evaluates the benefits of a project described in
subdivision (a), the state board shall count both of the following
emission reduction streams, provided that they are real, enforceable,
quantifiable, and surplus emission reductions:
   (1) The displacement of the emissions from the older nonroad
internal combustion technology and equipment for its remaining life
with the new nonroad zero-emission technology and equipment.
   (2) After the time period specified in paragraph (1), the
displacement of emissions from new nonroad internal combustion
technology and equipment meeting the emission standards in place at
time of purchase, with the new nonroad zero-emission technology and
equipment over its remaining life.
   (c) A project described in subdivision (a) shall meet the
cost-effectiveness criteria in Section 44283 and all other criteria
of the program, including the requirement that the emission
reductions be real, enforceable, quantifiable, and surplus.
   (d) The incremental cost of a project described in subdivision (a)
may include, at the discretion of the applicant, some or all of the
reasonable salvage value of the nonroad internal combustion
technology and equipment turned in, as determined by the state board,
and some or all of any additional costs incurred for necessary
recharging equipment or infrastructure as determined by the state
board. However, an applicant that elects to include these costs shall
be required to meet the cost-effectiveness criteria in Section
44283.


44287.2.  (a) By July 1, 2011, the state board shall revise project
grant criteria and guidelines pursuant to Section 44287, for a
project that reduces greenhouse gas emissions, to allow funds from
all of the following programs or funding sources to be used for a
project also funded under this chapter without those additional
public funds being factored into the criteria emission reduction
cost-effectiveness calculations:
   (1) Federal funding from programs designed to reduce greenhouse
gas emissions.
   (2) Alternative and Renewable Fuel and Vehicle Technology Program
(Article 2 (commencing with Section 44272) of Chapter 8.9).
   (b) Nothing in this section authorizes the expenditure of funds
for a project that does not meet all of the requirements of this
chapter, including requirements that require cost sharing or matching
of funds. Subdivision (a) does not apply if the additional
expenditure would not provide an incremental greenhouse gas emission
reduction benefit greater than what would otherwise be achieved by
the program. The state board shall not exclude funds from the
cost-effectiveness calculation pursuant to subdivision (a), if
excluding those funds would reduce the emission reduction benefits
expected to be achieved from this chapter, federal greenhouse gas
emission reduction programs, or the Alternative and Renewable Fuel
and Vehicle Technology Program.


State Codes and Statutes

Statutes > California > Hsc > 44286-44287.2

HEALTH AND SAFETY CODE
SECTION 44286-44287.2



44286.  (a) The responsibilities of the state board include
management of program funds and program oversight. The state board is
responsible for producing guidelines, protocols, and criteria for
covered vehicle projects and developing methodologies for evaluating
project cost-effectiveness in accordance with this chapter. The state
board shall have primary responsibility for the reporting aspects of
the program.
   (b) The responsibilities of a district include local
administration of project funds, monitoring funded projects, and
reporting results to the state board, in accordance with this
chapter. Any project funds awarded to a successful applicant shall be
disbursed by the district.
   (c) Relative to the allocation of funds in the south coast
district, for purposes of this program, Mobile Source Air Pollution
Reduction Review Committee funds shall only be used as matching funds
upon approval, by minute action, of the Mobile Source Air Pollution
Reduction Review Committee.
   (d) The state board may reserve up to 10 percent of the program
funds available each year to directly fund any project that is
multidistrict in nature. A project that is multidistrict in nature
shall be funded by the state board in coordination with the
appropriate districts. The state board shall coordinate outreach
efforts with a participating district to ensure that any parallel
availability of a district grant and a grant from the state board is
clear to an eligible applicant. Reserved funds not committed to a
project funded directly by the state board by the end of the fiscal
year shall be made available to the districts in the following year.
   (e) The commission, in consultation with the state board, shall
manage the Advanced Technology Account and the Infrastructure
Demonstration Program in accordance with this chapter.
   (f) The state board shall work closely with the commission and the
districts for the duration of this program to maximize the ability
of the program to achieve its goals.
   (g) The state board and the districts shall take all appropriate
and necessary actions to ensure that emissions reductions achieved
through the program are credited by the United States Environmental
Protection Agency to the appropriate emission reduction objectives in
the State Implementation Plan.


44287.  (a) The state board shall establish or update grant criteria
and guidelines consistent with this chapter for covered vehicle
projects as soon as practicable, but not later than January 1, 2006.
The adoption of guidelines is exempt from the rulemaking provisions
of the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The state board shall solicit input and comment from the
districts during the development of the criteria and guidelines and
shall make every effort to develop criteria and guidelines that are
compatible with existing district programs that are also consistent
with this chapter. Guidelines shall include protocols to calculate
project cost-effectiveness. The grant criteria and guidelines shall
include safeguards to ensure that the project generates surplus
emissions reductions. Guidelines shall enable and encourage districts
to cofund projects that provide emissions reductions in more than
one district. The state board shall make draft criteria and
guidelines available to the public 45 days before final adoption, and
shall hold at least one public meeting to consider public comments
before final adoption. The state board may develop separate
guidelines and criteria for the different types of eligible projects
described in subdivision (a) of Section 44281.
   (b) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (a) as necessary to improve the
ability of the program to achieve its goals. A proposed revision
shall be made available to the public 45 days before final adoption
of the revision and the state board shall hold at least one public
meeting to consider public comments before final adoption of the
revision.
   (c) The state board shall reserve funds for, and disburse funds
to, districts from the fund for administration pursuant to this
section and Section 44299.1.
   (d) The state board shall develop guidelines for a district to
follow in applying for the reservation of funds, in accordance with
this chapter. It is the intent of the Legislature that district
administration of any reserved funds be in accordance with the
project selection criteria specified in Sections 44281, 44282, and
44283 and all other provisions of this chapter. The guidelines shall
be established and published by the state board as soon as
practicable, but not later than January 1, 2006.
   (e) Funds shall be reserved by the state board for administration
by a district that adopts an eligible program pursuant to this
chapter and offers matching funds at a ratio of one dollar ($1) of
matching funds committed by the district or the Mobile Source Air
Pollution Reduction Review Committee for every two dollars ($2)
committed from the fund. Funds available to the Mobile Source Air
Pollution Reduction Review Committee may be counted as matching funds
for projects in the South Coast Air Basin only if the committee
approves the use of these funds for matching purposes. Matching funds
may be any funds under the district's budget authority that are
committed to be expended in accordance with the program. Funds
committed by a port authority or a local government, in cooperation
with a district, to be expended in accordance with the program may
also be counted as district matching funds. Matching funds provided
by a port authority or a local government may not exceed 30 percent
of the total required matching funds in any district that applies for
more than three hundred thousand dollars ($300,000) of the state
board funds. Only a district, or a port authority or a local
government teamed with a district, may provide matching funds.
   (f) The state board may adjust the ratio of matching funds
described in subdivision (e), if it determines that an adjustment is
necessary in order to maximize the use of, or the air quality
benefits provided by, the program, based on a consideration of the
financial resources of the district.
   (g) Notwithstanding subdivision (e), a district need not provide
matching funds for state board funds allocated to the district for
program outreach activities pursuant to paragraph (4) of subdivision
(a) of Section 44299.1.
   (h) A district may include within its matching funds a reasonable
estimate of direct or in-kind costs for assistance in providing
program outreach and application evaluation. In-kind and direct
matching funds shall not exceed 15 percent of the total matching
funds offered by a district. A district may also include within its
matching funds any money spent on or after February 25, 1999, that
would have qualified as matching funds but were not previously
claimed as matching funds.
   (i) A district desiring a reservation of funds shall apply to the
state board following the application guidelines established pursuant
to this section. The state board shall approve or disapprove a
district application not later than 60 days after receipt. Upon
approval of any district application, the state board shall
simultaneously approve a reservation of funding for that district to
administer. Reserved funds shall be disbursed to the district so that
funding of a district-approved project is not impeded.
   (j) Notwithstanding any other provision of this chapter, districts
and the Mobile Source Air Pollution Reduction Review Committee shall
not use funds collected pursuant to Section 41081 or Chapter 7
(commencing with Section 44220), or pursuant to Section 9250.11 of
the Vehicle Code, as matching funds to fund a project with stationary
or portable engines, locomotives, or marine vessels.
   (k) Any funds reserved for a district pursuant to this section are
available to the district for a period of not more than two years
from the time of reservation. Funds not expended by June 30 of the
second calendar year following the date of the reservation shall
revert back to the state board as of that June 30, and shall be
deposited in the Covered Vehicle Account established pursuant to
Section 44299. The funds may then be redirected based on applications
to the fund. Regardless of any reversion of funds back to the state
board, the district may continue to request other reservations of
funds for local administration. Each reservation of funds shall be
accounted for separately, and unused funds from each application
shall revert back to the state board as specified in this
subdivision.
   (l) The state board shall specify a date each year when district
applications are due. If the eligible applications received in any
year oversubscribe the available funds, the state board shall reserve
funds on an allocation basis, pursuant to Section 44299.2. The state
board may accept a district application after the due date for a
period of months specified by the state board. Funds may be reserved
in response to those applications, in accordance with this chapter,
out of funds remaining after the original reservation of funds for
the year.
   (m) Guidelines for a district application shall require
information from an applicant district to the extent necessary to
meet the requirements of this chapter, but shall otherwise minimize
the information required of a district.
   (n) A district application shall be reviewed by the state board
immediately upon receipt. If the state board determines that an
application is incomplete, the applicant shall be notified within 10
working days with an explanation of what is missing from the
application. A completed application fulfilling the criteria shall be
approved as soon as practicable, but not later than 60 working days
after receipt.
   (o) The commission, in consultation with the districts, shall
establish project approval criteria and guidelines for infrastructure
projects consistent with Section 44284 as soon as practicable, but
not later than February 15, 2000. The commission shall make draft
criteria and guidelines available to the public 45 days before final
adoption, and shall hold at least one public meeting to consider
public comments before final adoption.
   (p) The commission, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (o) as necessary to improve the
ability of the program to achieve its goals. A revision may be
proposed at any time, or may be proposed in response to a finding
made in the annual report on the program published by the state board
pursuant to Section 44295. A proposed revision shall be made
available to the public 45 days before final adoption of the revision
and the commission shall hold at least one public meeting to
consider public comments before final adoption of the revision.
   (q) Unclaimed funds will be allocated by the state board in
accordance with Section 44299.2.
   (r) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.


44287.  (a) The state board shall establish grant criteria and
guidelines consistent with this chapter for covered vehicle projects
as soon as practicable, but not later than January 1, 2000. The
adoption of guidelines is exempt from the rulemaking provisions of
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The state board shall solicit input and comment from the
districts during the development of the criteria and guidelines and
shall make every effort to develop criteria and guidelines that are
compatible with existing district programs that are also consistent
with this chapter. Guidelines shall include protocols to calculate
project cost-effectiveness. The grant criteria and guidelines shall
include safeguards to ensure that the project generates surplus
emissions reductions. Guidelines shall enable and encourage districts
to cofund projects that provide emissions reductions in more than
one district. The state board shall make draft criteria and
guidelines available to the public 45 days before final adoption, and
shall hold at least one public meeting to consider public comments
before final adoption.
   (b) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (a) as necessary to improve the
ability of the program to achieve its goals. A proposed revision
shall be made available to the public 45 days before final adoption
of the revision and the state board shall hold at least one public
meeting to consider public comments before final adoption of the
revision.
   (c) The state board shall reserve funds for, and disburse funds
to, districts from the fund for administration pursuant to this
section and Section 44299.1.
   (d) The state board shall develop guidelines for a district to
follow in applying for the reservation of funds, in accordance with
this chapter. It is the intent of the Legislature that district
administration of any reserved funds be in accordance with the
project selection criteria specified in Sections 44281, 44282, and
44283 and all other provisions of this chapter. The guidelines shall
be established and published by the state board as soon as
practicable, but not later than January 1, 2000.
   (e) Funds shall be reserved by the state board for administration
by a district that adopts an eligible program pursuant to this
chapter and offers matching funds at a ratio of one dollar ($1) of
matching funds committed by the district or the Mobile Source Air
Pollution Reduction Review Committee for every two dollars ($2)
committed from the fund. Funds available to the Mobile Source Air
Pollution Reduction Review Committee may be counted as matching funds
for projects in the South Coast Air Basin only if the committee
approves the use of these funds for matching purposes. Matching funds
may be any funds under the district's budget authority that are
committed to be expended in accordance with the program. Funds
committed by a port authority or a local government, in cooperation
with a district, to be expended in accordance with the program may
also be counted as district matching funds. Matching funds provided
by a port authority or a local government may not exceed 30 percent
of the total required matching funds in any district that applies for
more than three hundred thousand dollars ($300,000) of the state
board funds. Only a district, or a port authority or a local
government teamed with a district, may provide matching funds.
   (f) The state board may adjust the ratio of matching funds
described in subdivision (e), if it determines that an adjustment is
necessary in order to maximize the use of, or the air quality
benefits provided by, the program, based on a consideration of the
financial resources of the district.
   (g) Notwithstanding subdivision (e), a district need not provide
matching funds for state board funds allocated to the district for
program outreach activities pursuant to paragraph (4) of subdivision
(a) of Section 44299.1.
   (h) A district may include within its matching funds a reasonable
estimate of direct or in-kind costs for assistance in providing
program outreach and application evaluation. In-kind and direct
matching funds shall not exceed 15 percent of the total matching
funds offered by a district. A district may also include within its
matching funds any money spent on or after February 25, 1999, that
would have qualified as matching funds but were not previously
claimed as matching funds.
   (i) A district desiring a reservation of funds shall apply to the
state board following the application guidelines established pursuant
to this section. The state board shall approve or disapprove a
district application not later than 60 days after receipt. Upon
approval of any district application, the state board shall
simultaneously approve a reservation of funding for that district to
administer. Reserved funds shall be disbursed to the district so that
funding of a district-approved project is not impeded.
   (j) Notwithstanding any other provision of this chapter, districts
and the Mobile Source Air Pollution Reduction Review Committee shall
not use funds collected pursuant to Section 41081 or Chapter 7
(commencing with Section 44220), or pursuant to Section 9250.11 of
the Vehicle Code, as matching funds to fund a project with stationary
or portable engines, locomotives, or marine vessels.
   (k) Any funds reserved for a district pursuant to this section are
available to the district for a period of not more than two years
from the time of reservation. Funds not expended by June 30 of the
second calendar year following the date of the reservation shall
revert back to the state board as of that June 30, and shall be
deposited in the Covered Vehicle Account established pursuant to
Section 44299. The funds may then be redirected based on applications
to the fund. Regardless of any reversion of funds back to the state
board, the district may continue to request other reservations of
funds for local administration. Each reservation of funds shall be
accounted for separately, and unused funds from each application
shall revert back to the state board as specified in this
subdivision.
   (l) The state board shall specify a date each year when district
applications are due. If the eligible applications received in any
year oversubscribe the available funds, the state board shall reserve
funds on an allocation basis, pursuant to subdivision (b) of Section
44299.1. The state board may accept a district application after the
due date for a period of months specified by the state board. Funds
may be reserved in response to those applications, in accordance with
this chapter, out of funds remaining after the original reservation
of funds for the year.
   (m) Guidelines for a district application shall require
information from an applicant district to the extent necessary to
meet the requirements of this chapter, but shall otherwise minimize
the information required of a district.
   (n) A district application shall be reviewed by the state board
immediately upon receipt. If the state board determines that an
application is incomplete, the applicant shall be notified within 10
working days with an explanation of what is missing from the
application. A completed application fulfilling the criteria shall be
approved as soon as practicable, but not later than 60 working days
after receipt.
   (o) The state board, in consultation with the districts, shall
establish project approval criteria and guidelines for infrastructure
projects consistent with Section 44284 as soon as practicable, but
not later than February 15, 2000. The commission shall make draft
criteria and guidelines available to the public 45 days before final
adoption, and shall hold at least one public meeting to consider
public comments before final adoption.
   (p) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (o) as necessary to improve the
ability of the program to achieve its goals. A revision may be
proposed at any time, or may be proposed in response to a finding
made in the annual report on the program published by the state board
pursuant to Section 44295. A proposed revision shall be made
available to the public 45 days before final adoption of the revision
and the commission shall hold at least one public meeting to
consider public comments before final adoption of the revision.
   (q) This section shall become operative on January 1, 2015.



44287.1.  (a) The state board shall, at its first opportunity,
revise the grant criteria and guidelines adopted pursuant to Section
44287 to incorporate projects in which an applicant turns in nonroad
internal combustion technology and equipment that the applicant owns
and that still has some useful life, coupled with the purchase of new
nonroad zero-emission technology and equipment that is in a similar
category or that can perform the same work.
   (b) When it evaluates the benefits of a project described in
subdivision (a), the state board shall count both of the following
emission reduction streams, provided that they are real, enforceable,
quantifiable, and surplus emission reductions:
   (1) The displacement of the emissions from the older nonroad
internal combustion technology and equipment for its remaining life
with the new nonroad zero-emission technology and equipment.
   (2) After the time period specified in paragraph (1), the
displacement of emissions from new nonroad internal combustion
technology and equipment meeting the emission standards in place at
time of purchase, with the new nonroad zero-emission technology and
equipment over its remaining life.
   (c) A project described in subdivision (a) shall meet the
cost-effectiveness criteria in Section 44283 and all other criteria
of the program, including the requirement that the emission
reductions be real, enforceable, quantifiable, and surplus.
   (d) The incremental cost of a project described in subdivision (a)
may include, at the discretion of the applicant, some or all of the
reasonable salvage value of the nonroad internal combustion
technology and equipment turned in, as determined by the state board,
and some or all of any additional costs incurred for necessary
recharging equipment or infrastructure as determined by the state
board. However, an applicant that elects to include these costs shall
be required to meet the cost-effectiveness criteria in Section
44283.


44287.2.  (a) By July 1, 2011, the state board shall revise project
grant criteria and guidelines pursuant to Section 44287, for a
project that reduces greenhouse gas emissions, to allow funds from
all of the following programs or funding sources to be used for a
project also funded under this chapter without those additional
public funds being factored into the criteria emission reduction
cost-effectiveness calculations:
   (1) Federal funding from programs designed to reduce greenhouse
gas emissions.
   (2) Alternative and Renewable Fuel and Vehicle Technology Program
(Article 2 (commencing with Section 44272) of Chapter 8.9).
   (b) Nothing in this section authorizes the expenditure of funds
for a project that does not meet all of the requirements of this
chapter, including requirements that require cost sharing or matching
of funds. Subdivision (a) does not apply if the additional
expenditure would not provide an incremental greenhouse gas emission
reduction benefit greater than what would otherwise be achieved by
the program. The state board shall not exclude funds from the
cost-effectiveness calculation pursuant to subdivision (a), if
excluding those funds would reduce the emission reduction benefits
expected to be achieved from this chapter, federal greenhouse gas
emission reduction programs, or the Alternative and Renewable Fuel
and Vehicle Technology Program.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 44286-44287.2

HEALTH AND SAFETY CODE
SECTION 44286-44287.2



44286.  (a) The responsibilities of the state board include
management of program funds and program oversight. The state board is
responsible for producing guidelines, protocols, and criteria for
covered vehicle projects and developing methodologies for evaluating
project cost-effectiveness in accordance with this chapter. The state
board shall have primary responsibility for the reporting aspects of
the program.
   (b) The responsibilities of a district include local
administration of project funds, monitoring funded projects, and
reporting results to the state board, in accordance with this
chapter. Any project funds awarded to a successful applicant shall be
disbursed by the district.
   (c) Relative to the allocation of funds in the south coast
district, for purposes of this program, Mobile Source Air Pollution
Reduction Review Committee funds shall only be used as matching funds
upon approval, by minute action, of the Mobile Source Air Pollution
Reduction Review Committee.
   (d) The state board may reserve up to 10 percent of the program
funds available each year to directly fund any project that is
multidistrict in nature. A project that is multidistrict in nature
shall be funded by the state board in coordination with the
appropriate districts. The state board shall coordinate outreach
efforts with a participating district to ensure that any parallel
availability of a district grant and a grant from the state board is
clear to an eligible applicant. Reserved funds not committed to a
project funded directly by the state board by the end of the fiscal
year shall be made available to the districts in the following year.
   (e) The commission, in consultation with the state board, shall
manage the Advanced Technology Account and the Infrastructure
Demonstration Program in accordance with this chapter.
   (f) The state board shall work closely with the commission and the
districts for the duration of this program to maximize the ability
of the program to achieve its goals.
   (g) The state board and the districts shall take all appropriate
and necessary actions to ensure that emissions reductions achieved
through the program are credited by the United States Environmental
Protection Agency to the appropriate emission reduction objectives in
the State Implementation Plan.


44287.  (a) The state board shall establish or update grant criteria
and guidelines consistent with this chapter for covered vehicle
projects as soon as practicable, but not later than January 1, 2006.
The adoption of guidelines is exempt from the rulemaking provisions
of the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The state board shall solicit input and comment from the
districts during the development of the criteria and guidelines and
shall make every effort to develop criteria and guidelines that are
compatible with existing district programs that are also consistent
with this chapter. Guidelines shall include protocols to calculate
project cost-effectiveness. The grant criteria and guidelines shall
include safeguards to ensure that the project generates surplus
emissions reductions. Guidelines shall enable and encourage districts
to cofund projects that provide emissions reductions in more than
one district. The state board shall make draft criteria and
guidelines available to the public 45 days before final adoption, and
shall hold at least one public meeting to consider public comments
before final adoption. The state board may develop separate
guidelines and criteria for the different types of eligible projects
described in subdivision (a) of Section 44281.
   (b) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (a) as necessary to improve the
ability of the program to achieve its goals. A proposed revision
shall be made available to the public 45 days before final adoption
of the revision and the state board shall hold at least one public
meeting to consider public comments before final adoption of the
revision.
   (c) The state board shall reserve funds for, and disburse funds
to, districts from the fund for administration pursuant to this
section and Section 44299.1.
   (d) The state board shall develop guidelines for a district to
follow in applying for the reservation of funds, in accordance with
this chapter. It is the intent of the Legislature that district
administration of any reserved funds be in accordance with the
project selection criteria specified in Sections 44281, 44282, and
44283 and all other provisions of this chapter. The guidelines shall
be established and published by the state board as soon as
practicable, but not later than January 1, 2006.
   (e) Funds shall be reserved by the state board for administration
by a district that adopts an eligible program pursuant to this
chapter and offers matching funds at a ratio of one dollar ($1) of
matching funds committed by the district or the Mobile Source Air
Pollution Reduction Review Committee for every two dollars ($2)
committed from the fund. Funds available to the Mobile Source Air
Pollution Reduction Review Committee may be counted as matching funds
for projects in the South Coast Air Basin only if the committee
approves the use of these funds for matching purposes. Matching funds
may be any funds under the district's budget authority that are
committed to be expended in accordance with the program. Funds
committed by a port authority or a local government, in cooperation
with a district, to be expended in accordance with the program may
also be counted as district matching funds. Matching funds provided
by a port authority or a local government may not exceed 30 percent
of the total required matching funds in any district that applies for
more than three hundred thousand dollars ($300,000) of the state
board funds. Only a district, or a port authority or a local
government teamed with a district, may provide matching funds.
   (f) The state board may adjust the ratio of matching funds
described in subdivision (e), if it determines that an adjustment is
necessary in order to maximize the use of, or the air quality
benefits provided by, the program, based on a consideration of the
financial resources of the district.
   (g) Notwithstanding subdivision (e), a district need not provide
matching funds for state board funds allocated to the district for
program outreach activities pursuant to paragraph (4) of subdivision
(a) of Section 44299.1.
   (h) A district may include within its matching funds a reasonable
estimate of direct or in-kind costs for assistance in providing
program outreach and application evaluation. In-kind and direct
matching funds shall not exceed 15 percent of the total matching
funds offered by a district. A district may also include within its
matching funds any money spent on or after February 25, 1999, that
would have qualified as matching funds but were not previously
claimed as matching funds.
   (i) A district desiring a reservation of funds shall apply to the
state board following the application guidelines established pursuant
to this section. The state board shall approve or disapprove a
district application not later than 60 days after receipt. Upon
approval of any district application, the state board shall
simultaneously approve a reservation of funding for that district to
administer. Reserved funds shall be disbursed to the district so that
funding of a district-approved project is not impeded.
   (j) Notwithstanding any other provision of this chapter, districts
and the Mobile Source Air Pollution Reduction Review Committee shall
not use funds collected pursuant to Section 41081 or Chapter 7
(commencing with Section 44220), or pursuant to Section 9250.11 of
the Vehicle Code, as matching funds to fund a project with stationary
or portable engines, locomotives, or marine vessels.
   (k) Any funds reserved for a district pursuant to this section are
available to the district for a period of not more than two years
from the time of reservation. Funds not expended by June 30 of the
second calendar year following the date of the reservation shall
revert back to the state board as of that June 30, and shall be
deposited in the Covered Vehicle Account established pursuant to
Section 44299. The funds may then be redirected based on applications
to the fund. Regardless of any reversion of funds back to the state
board, the district may continue to request other reservations of
funds for local administration. Each reservation of funds shall be
accounted for separately, and unused funds from each application
shall revert back to the state board as specified in this
subdivision.
   (l) The state board shall specify a date each year when district
applications are due. If the eligible applications received in any
year oversubscribe the available funds, the state board shall reserve
funds on an allocation basis, pursuant to Section 44299.2. The state
board may accept a district application after the due date for a
period of months specified by the state board. Funds may be reserved
in response to those applications, in accordance with this chapter,
out of funds remaining after the original reservation of funds for
the year.
   (m) Guidelines for a district application shall require
information from an applicant district to the extent necessary to
meet the requirements of this chapter, but shall otherwise minimize
the information required of a district.
   (n) A district application shall be reviewed by the state board
immediately upon receipt. If the state board determines that an
application is incomplete, the applicant shall be notified within 10
working days with an explanation of what is missing from the
application. A completed application fulfilling the criteria shall be
approved as soon as practicable, but not later than 60 working days
after receipt.
   (o) The commission, in consultation with the districts, shall
establish project approval criteria and guidelines for infrastructure
projects consistent with Section 44284 as soon as practicable, but
not later than February 15, 2000. The commission shall make draft
criteria and guidelines available to the public 45 days before final
adoption, and shall hold at least one public meeting to consider
public comments before final adoption.
   (p) The commission, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (o) as necessary to improve the
ability of the program to achieve its goals. A revision may be
proposed at any time, or may be proposed in response to a finding
made in the annual report on the program published by the state board
pursuant to Section 44295. A proposed revision shall be made
available to the public 45 days before final adoption of the revision
and the commission shall hold at least one public meeting to
consider public comments before final adoption of the revision.
   (q) Unclaimed funds will be allocated by the state board in
accordance with Section 44299.2.
   (r) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.


44287.  (a) The state board shall establish grant criteria and
guidelines consistent with this chapter for covered vehicle projects
as soon as practicable, but not later than January 1, 2000. The
adoption of guidelines is exempt from the rulemaking provisions of
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The state board shall solicit input and comment from the
districts during the development of the criteria and guidelines and
shall make every effort to develop criteria and guidelines that are
compatible with existing district programs that are also consistent
with this chapter. Guidelines shall include protocols to calculate
project cost-effectiveness. The grant criteria and guidelines shall
include safeguards to ensure that the project generates surplus
emissions reductions. Guidelines shall enable and encourage districts
to cofund projects that provide emissions reductions in more than
one district. The state board shall make draft criteria and
guidelines available to the public 45 days before final adoption, and
shall hold at least one public meeting to consider public comments
before final adoption.
   (b) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (a) as necessary to improve the
ability of the program to achieve its goals. A proposed revision
shall be made available to the public 45 days before final adoption
of the revision and the state board shall hold at least one public
meeting to consider public comments before final adoption of the
revision.
   (c) The state board shall reserve funds for, and disburse funds
to, districts from the fund for administration pursuant to this
section and Section 44299.1.
   (d) The state board shall develop guidelines for a district to
follow in applying for the reservation of funds, in accordance with
this chapter. It is the intent of the Legislature that district
administration of any reserved funds be in accordance with the
project selection criteria specified in Sections 44281, 44282, and
44283 and all other provisions of this chapter. The guidelines shall
be established and published by the state board as soon as
practicable, but not later than January 1, 2000.
   (e) Funds shall be reserved by the state board for administration
by a district that adopts an eligible program pursuant to this
chapter and offers matching funds at a ratio of one dollar ($1) of
matching funds committed by the district or the Mobile Source Air
Pollution Reduction Review Committee for every two dollars ($2)
committed from the fund. Funds available to the Mobile Source Air
Pollution Reduction Review Committee may be counted as matching funds
for projects in the South Coast Air Basin only if the committee
approves the use of these funds for matching purposes. Matching funds
may be any funds under the district's budget authority that are
committed to be expended in accordance with the program. Funds
committed by a port authority or a local government, in cooperation
with a district, to be expended in accordance with the program may
also be counted as district matching funds. Matching funds provided
by a port authority or a local government may not exceed 30 percent
of the total required matching funds in any district that applies for
more than three hundred thousand dollars ($300,000) of the state
board funds. Only a district, or a port authority or a local
government teamed with a district, may provide matching funds.
   (f) The state board may adjust the ratio of matching funds
described in subdivision (e), if it determines that an adjustment is
necessary in order to maximize the use of, or the air quality
benefits provided by, the program, based on a consideration of the
financial resources of the district.
   (g) Notwithstanding subdivision (e), a district need not provide
matching funds for state board funds allocated to the district for
program outreach activities pursuant to paragraph (4) of subdivision
(a) of Section 44299.1.
   (h) A district may include within its matching funds a reasonable
estimate of direct or in-kind costs for assistance in providing
program outreach and application evaluation. In-kind and direct
matching funds shall not exceed 15 percent of the total matching
funds offered by a district. A district may also include within its
matching funds any money spent on or after February 25, 1999, that
would have qualified as matching funds but were not previously
claimed as matching funds.
   (i) A district desiring a reservation of funds shall apply to the
state board following the application guidelines established pursuant
to this section. The state board shall approve or disapprove a
district application not later than 60 days after receipt. Upon
approval of any district application, the state board shall
simultaneously approve a reservation of funding for that district to
administer. Reserved funds shall be disbursed to the district so that
funding of a district-approved project is not impeded.
   (j) Notwithstanding any other provision of this chapter, districts
and the Mobile Source Air Pollution Reduction Review Committee shall
not use funds collected pursuant to Section 41081 or Chapter 7
(commencing with Section 44220), or pursuant to Section 9250.11 of
the Vehicle Code, as matching funds to fund a project with stationary
or portable engines, locomotives, or marine vessels.
   (k) Any funds reserved for a district pursuant to this section are
available to the district for a period of not more than two years
from the time of reservation. Funds not expended by June 30 of the
second calendar year following the date of the reservation shall
revert back to the state board as of that June 30, and shall be
deposited in the Covered Vehicle Account established pursuant to
Section 44299. The funds may then be redirected based on applications
to the fund. Regardless of any reversion of funds back to the state
board, the district may continue to request other reservations of
funds for local administration. Each reservation of funds shall be
accounted for separately, and unused funds from each application
shall revert back to the state board as specified in this
subdivision.
   (l) The state board shall specify a date each year when district
applications are due. If the eligible applications received in any
year oversubscribe the available funds, the state board shall reserve
funds on an allocation basis, pursuant to subdivision (b) of Section
44299.1. The state board may accept a district application after the
due date for a period of months specified by the state board. Funds
may be reserved in response to those applications, in accordance with
this chapter, out of funds remaining after the original reservation
of funds for the year.
   (m) Guidelines for a district application shall require
information from an applicant district to the extent necessary to
meet the requirements of this chapter, but shall otherwise minimize
the information required of a district.
   (n) A district application shall be reviewed by the state board
immediately upon receipt. If the state board determines that an
application is incomplete, the applicant shall be notified within 10
working days with an explanation of what is missing from the
application. A completed application fulfilling the criteria shall be
approved as soon as practicable, but not later than 60 working days
after receipt.
   (o) The state board, in consultation with the districts, shall
establish project approval criteria and guidelines for infrastructure
projects consistent with Section 44284 as soon as practicable, but
not later than February 15, 2000. The commission shall make draft
criteria and guidelines available to the public 45 days before final
adoption, and shall hold at least one public meeting to consider
public comments before final adoption.
   (p) The state board, in consultation with the participating
districts, may propose revisions to the criteria and guidelines
established pursuant to subdivision (o) as necessary to improve the
ability of the program to achieve its goals. A revision may be
proposed at any time, or may be proposed in response to a finding
made in the annual report on the program published by the state board
pursuant to Section 44295. A proposed revision shall be made
available to the public 45 days before final adoption of the revision
and the commission shall hold at least one public meeting to
consider public comments before final adoption of the revision.
   (q) This section shall become operative on January 1, 2015.



44287.1.  (a) The state board shall, at its first opportunity,
revise the grant criteria and guidelines adopted pursuant to Section
44287 to incorporate projects in which an applicant turns in nonroad
internal combustion technology and equipment that the applicant owns
and that still has some useful life, coupled with the purchase of new
nonroad zero-emission technology and equipment that is in a similar
category or that can perform the same work.
   (b) When it evaluates the benefits of a project described in
subdivision (a), the state board shall count both of the following
emission reduction streams, provided that they are real, enforceable,
quantifiable, and surplus emission reductions:
   (1) The displacement of the emissions from the older nonroad
internal combustion technology and equipment for its remaining life
with the new nonroad zero-emission technology and equipment.
   (2) After the time period specified in paragraph (1), the
displacement of emissions from new nonroad internal combustion
technology and equipment meeting the emission standards in place at
time of purchase, with the new nonroad zero-emission technology and
equipment over its remaining life.
   (c) A project described in subdivision (a) shall meet the
cost-effectiveness criteria in Section 44283 and all other criteria
of the program, including the requirement that the emission
reductions be real, enforceable, quantifiable, and surplus.
   (d) The incremental cost of a project described in subdivision (a)
may include, at the discretion of the applicant, some or all of the
reasonable salvage value of the nonroad internal combustion
technology and equipment turned in, as determined by the state board,
and some or all of any additional costs incurred for necessary
recharging equipment or infrastructure as determined by the state
board. However, an applicant that elects to include these costs shall
be required to meet the cost-effectiveness criteria in Section
44283.


44287.2.  (a) By July 1, 2011, the state board shall revise project
grant criteria and guidelines pursuant to Section 44287, for a
project that reduces greenhouse gas emissions, to allow funds from
all of the following programs or funding sources to be used for a
project also funded under this chapter without those additional
public funds being factored into the criteria emission reduction
cost-effectiveness calculations:
   (1) Federal funding from programs designed to reduce greenhouse
gas emissions.
   (2) Alternative and Renewable Fuel and Vehicle Technology Program
(Article 2 (commencing with Section 44272) of Chapter 8.9).
   (b) Nothing in this section authorizes the expenditure of funds
for a project that does not meet all of the requirements of this
chapter, including requirements that require cost sharing or matching
of funds. Subdivision (a) does not apply if the additional
expenditure would not provide an incremental greenhouse gas emission
reduction benefit greater than what would otherwise be achieved by
the program. The state board shall not exclude funds from the
cost-effectiveness calculation pursuant to subdivision (a), if
excluding those funds would reduce the emission reduction benefits
expected to be achieved from this chapter, federal greenhouse gas
emission reduction programs, or the Alternative and Renewable Fuel
and Vehicle Technology Program.