For Californians. The legislation overview and who is promoting this law, I've already sent a letter to Newsom in protest specifying the harm of including Electrical gensets.
AB 1346
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CONCURRENCE IN SENATE AMENDMENTS
AB 1346 (Berman and Lorena Gonzalez)
As Amended August 26, 2021
Majority vote
SUMMARY
Requires the Air Resources Board (ARB) to adopt cost-effective and technologically feasible
regulations to prohibit engine exhaust and evaporative emissions from new "small off-road
engines" (SORE), to apply to engines produced on or after January 1, 2024, or as soon as ARB
determines is feasible, whichever is later.
Requires ARB to identify, and, to the extent feasible, make available, funding for commercial
rebates or similar incentive funding as part of any updates to existing, applicable funding
program guidelines for air districts to implement to support the transition to zero-emission SORE
operation.
Senate Amendments
Require ARB, in determining technological feasibility, to consider all of the following:
1) Emissions from SORE in the state.
2) Expected timelines for zero-emission SORE development.
3) Increased demand for electricity from added charging requirements for more zero-emission
SORE.
4) Use cases of both commercial and residential lawn and garden users.
5) Expected availability of zero-emission generators and emergency response equipment.
COMMENTS
While the author's intent seems focused on lawn and garden equipment, ARB's existing SORE
definition is based on engine size and includes a much broader range of equipment types than
lawn and garden equipment. According to ARB, the largest SORE contributors to smog-forming
emissions in its jurisdiction are generators, followed by leaf blowers, lawn mowers, riding
mowers, trimmers, chainsaws, and pressure washers. There are several more equipment types
using ARB-regulated SORE with less significant total emissions.
ARB sets emissions standards for new SORE, it does not regulate the use of SORE equipment,
and this bill does not give ARB that authority. Some cities have adopted restrictions on SORE
equipment use, primarily on leaf blowers in urban and suburban communities. These restrictions
are typically focused on noise and/or dust impacts, rather than exhaust or evaporative emissions.
Without a definition of SORE and a hard deadline, it's not clear how and when this bill will be
implemented. The bill does require ARB to "prohibit" (as opposed to "control") emissions from
SORE as soon as ARB determines feasible but the bill gives ARB broad discretion to determine
the feasible dates for prohibiting emissions from engine and equipment types. As noted above,
ARB staff currently proposes a longer lead time to get to a zero-emission standard for generators.
AB 1346
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Within lawn and garden equipment, there is wide variation in the availability and utility of zero-
emission equipment depending on the use. For residential uses, rechargeable electric
lawnmowers, leaf blowers, and string trimmers have been available for years and have
significant market share. For commercial uses, there is very little market for zero-emission
equipment as today's technology is relatively expensive and requires multiple batteries and/or
frequent recharging and replacement.
In other applications, such as pumps, generators, and chainsaws, current zero-emission SORE
technology may be inadequate even if money is no object, particularly when used in rural areas
without convenient access to recharging.
Banning sales of new combustion engines under 25 horsepower could have a few unintended
consequences. As long as there is no statewide registration requirements or use restrictions for
SORE equipment, banning new engines may lead to prolonged use of older, dirtier engines,
increased manufacture and sale of engines over 25 horsepower, and purchase of non-compliant
engines out of state for use in California.
According to the Author
Today, operating the best-selling gas-powered commercial leaf blower for one hour emits air
pollutants comparable to driving a 2017 Toyota Camry from Los Angeles to Denver. Smog-
forming emissions from small engines will surpass those from passenger vehicles this year. We
must look beyond transportation if we are to achieve the emissions reductions needed to fight
climate change and improve air quality and health in our communities.
AB 1346 will require sales of new small off-road engines in California to be zero-emission by
2024 or when ARB determines is feasible, whichever is later. This bill also requires ARB to
make funding available to help landscaping businesses transition to zero-emission equipment.
Transitioning to zero-emission equipment will reduce the occurrence of asthma, cardiovascular
disease, and premature death caused by pollution, and help California meet our air quality goals.
Arguments in Support
Supporters state: There are zero-emission equivalents to all SORE that are regulated by ARB,
generally electric alternatives that run on batteries or plug into an outlet. Many users, including
over half of household users, have already begun the transition to zero-emission equipment...AB
1346 recognizes that California must look beyond gas powered vehicles to achieve the emissions
reductions needed to meet our state's environmental goals, fight climate change, and improve
health in our communities by reducing air pollution.
Arguments in Opposition
Opponents state: AB 1346 and ARB's potential rule pose numerous technology feasibility,
economic, and implementation challenges for industry stakeholders. Collectively these
challenges are insurmountable and will result in significant hardships for manufacturers, retailers
and end-users, culminating in an early market shortfall of products with high consumer need and
demand.
FISCAL COMMENTS
According to the Senate Appropriations Committee, cost pressure of an unknown, but likely
significant amount (General Fund or special funds), to provide commercial rebates or incentive
AB 1346
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funding to support the transition to zero-emission SORE. Unknown one-time costs for ARB to
implement the provisions of this bill.
VOTES:
ASM NATURAL RESOURCES: 7-3-1
YES: Luz Rivas, Chau, Friedman, Cristina Garcia, McCarty, Muratsuchi, Stone
NO: Flora, Mathis, Seyarto
ABS, ABST OR NV: Wood
ASM APPROPRIATIONS: 12-4-0
YES: Lorena Gonzalez, Calderon, Carrillo, Chau, Gabriel, Eduardo Garcia, Levine, Quirk,
Robert Rivas, Akilah Weber, Holden, Luz Rivas
NO: Bigelow, Megan Dahle, Davies, Fong
ASSEMBLY FLOOR: 49-20-10
YES: Aguiar-Curry, Bauer-Kahan, Bennett, Berman, Bloom, Boerner Horvath, Bryan, Burke,
Calderon, Carrillo, Cervantes, Chau, Chiu, Cooley, Frazier, Friedman, Gabriel, Cristina Garcia,
Eduardo Garcia, Gipson, Lorena Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lee,
Levine, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Petrie-Norris,
Quirk, Ramos, Reyes, Robert Rivas, Blanca Rubio, Santiago, Stone, Ting, Villapudua, Ward,
Akilah Weber, Wicks, Rendon
NO: Chen, Cunningham, Megan Dahle, Davies, Flora, Fong, Gallagher, Gray, Kiley, Lackey,
Mathis, Nguyen, Patterson, Quirk-Silva, Salas, Seyarto, Smith, Valladares, Voepel, Waldron
ABS, ABST OR NV: Arambula, Bigelow, Choi, Cooper, Daly, Mayes, O'Donnell, Luz Rivas,
Rodriguez, Wood
SENATE FLOOR: 21-9-10
YES: Allen, Archuleta, Atkins, Becker, Bradford, Cortese, Durazo, Glazer, Gonzalez,
Hertzberg, Kamlager, Laird, Leyva, Limón, McGuire, Min, Pan, Portantino, Skinner,
Wieckowski, Wiener
NO: Bates, Dahle, Grove, Hurtado, Jones, Melendez, Nielsen, Ochoa Bogh, Wilk
ABS, ABST OR NV: Borgeas, Caballero, Dodd, Eggman, Hueso, Newman, Roth, Rubio, Stern,
Umberg
ASM APPROPRIATIONS: 16-0-0
YES: Lorena Gonzalez, Bigelow, Calderon, Carrillo, Chau, Megan Dahle, Davies, Fong,
Gabriel, Eduardo Garcia, Levine, Quirk, Robert Rivas, Akilah Weber, Friedman, Stone
UPDATED
VERSION: August 26, 2021
CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0001949