Transportation network companies: California Clean Miles Standard and Incentive Program.
What changed between versions
The creation of the Transportation Network Company Zero-Emission Fund in the State Treasury is eliminated. Previously, penalty moneys collected from TNCs would be deposited into this new fund and made available to the commission upon legislative appropriation to support electrification programs.
A new requirement mandates that by January 1, 2027, the commission must commence issuing grant payments and incentives to drivers from the existing Drivers Assistance Fund under the Drivers Assistance Program. This replaces the new fund mechanism with a directive to activate the already-existing driver assistance program.
The requirement that updated targets and goals (beginning in 2029) 'shall not be on a trajectory to significantly exceed the current rate of adoption of zero-emission vehicles by the general public' is removed, giving the board more flexibility in setting future targets.
One of the five triggers for adjusting or delaying targets is removed: the trigger that applied when 'a target or goal significantly exceeds the rate of adoption of zero-emission vehicles by the general public.' The remaining four triggers (barriers to ZEV usage, technical/economic infeasibility, state goal modifications, and inconsistency with criteria) are retained.
The explicit statutory provision prohibiting the commission from adopting or enforcing penalties against TNCs for failure to meet post-2028 targets until January 1, 2035 is removed from the bill text. The digest still references a penalty prohibition for pre-2029 targets, but the 2035 date no longer appears in the operative statutory language.
The safe harbor provision (b)(6)(A) is narrowed: it now applies only beginning January 1, 2029, and only references the updated targets under subparagraph (B) of paragraph (2), rather than any targets adopted under the entire subdivision. This means TNCs cannot use compliance with earlier targets as a defense against violation findings.
The legislative findings section is substantially shortened from 8 subsections to 4. Removed findings include: the dual-target framework's compliance flexibility problems, the EPA revocation of California's ACC II waiver, specific EV sales percentage data showing a drop from 25.3% to 22.9%, language about target assumptions that 'have not materialized as projected,' and the finding about disproportionate burden on TNCs and low- and moderate-income drivers.