global issues




Environmental Legislative/Lobbying Activities








Environmental Legislative/Lobbying Activities

California and U.S. Legislation
ZEV-Related Efforts
Other Lobbying Activities and Positions

California has the worst air pollution in the country. According to the California Air Resources Board (CARB), over 90% of Californians live in areas where the air is unsafe to breathe. These areas violate both state and federal clean air standards. That’s why California is the only state in the union authorized to pass its own environmental laws. And 75% of California’s air pollution comes from motor vehicles. It’s been this way for over 30 years.

Today, one controversy is whether the current federal and state standards are strict enough to really protect public health. There is evidence that the current standards are too lax, particularly in protecting the most sensitive groups, like children, senior citizens, and individuals with respiratory problems.

These facts, and others, are why the Kirsch Foundation has decided to focus our environmental legislative agenda in the area of air quality – specifically, supporting the development of zero-emission vehicle (ZEV) technologies and decreasing mobile source pollution. ZEVs generate less than 1% of the pollution of gas vehicles (even factoring power plant emissions in the equation). If we want to clean up the air in California, we must change the mix of cars to dramatically cleaner vehicles.

The Foundation is trying to do just that by providing reasons for consumers to purchase/lease ZEVs, while reducing, and potentially eliminating, their objections (vehicle range, charge times, and cost). In 2001, we worked to preserve and expand existing ZEV incentive legislation by supporting AB 1390. In 2000, we co-sponsored and lobbied heavily for AB 2061, ZEV incentive legislation signed by California Governor Gray Davis. In 1999, we were instrumental in the passage of AB 71.

Today, from furthering the goals of California's ZEV Program, to supporting various forms of clean vehicle incentives, to engaging in state and federal legislation that improves air quality, the Kirsch Foundation is hard at work on several legislative/regulatory initiatives.

Back to top

California and U.S. Legislation

CA Assembly Bill 1058 (Pavley)
The Kirsch Foundation is actively supporting AB 1058 authored by State Assemblymember Fran Pavley (D-41st District) and sponsored by Bluewater Network. This bill instructs the California Air Resources Board (CARB) to develop and adopt regulations, by January 1, 2005, that achieve the maximum feasible reduction of CO2 (Carbon Dioxide) emitted by passenger vehicles and light-duty trucks in California.

About AB 1058
Currently, regulations to reduce CO2 emissions do not exist at the statewide level. Leveraging its unique status under the federal Clean Air Act, California would be an innovator with the creation of a CO2 reduction plan. California's action could open the door for other states to adopt similar air quality solutions, and thus help spur action to address global warming on the national level.

The scientific community largely accepts that CO2 emissions are associated with increasing temperatures. According to a report from the United Nations Intergovernmental Panel of Climate Change, there is a prediction of a rise of up to 10.4 degrees in the Earth's temperature over the next century. The past decade was the warmest on record in the last 140 years.

The Kirsch Foundation supported AB 1058 for the following reasons:

  • Global warming is the most pressing environmental problem facing humankind today. This bill would put California in the forefront of efforts to address global warming issues.
  • Transportation produces 57% of CO2 emissions from fossil fuel combustion in California, compared to 32% for the nation as a whole. AB 1058 would enable the state to take action to reduce these emissions.
  • The current Presidential Administration is reluctant to initiate a CO2 emissions control program, even though many other nations are undertaking major, voluntary efforts to control greenhouse gases. As the world's seventh largest economy, California should show ecological, social and moral leadership.

More than 120 environmental and public health groups, elected officials, municipalities, business leaders, scientists and entertainers support AB 1058.

A number of major California newspapers have editorialized in support of the bill including the Los Angeles Times, Sacramento Bee, San Jose Mercury News, and San Francisco Chronicle. Steve Kirsch and Susan Frank, the Foundation's Vice President, Public Policy, in conjunction with Environmental Entrepreneurs, have worked to secure additional support from elected officials and business leaders. In addition, Steve Kirsch co-authored an opinion piece supporting AB 1058 in the Silicon Valley/San Jose Business Journal.

Bluewater Network has published a Fact Sheet on AB 1058, along with other information relevant to the bill's passage.

Bill Update: AB 1058 was heard in the Assembly on January 30, 2002, and passed by a 42-24 vote, virtually along party lines. Two Republicans (Tom Harman, R-67th District, and David Kelley, R-80th District) joined most Assembly Democrats in voting for reducing CO2 emissions from passenger vehicles. The bill passed out of the Senate on a 22-13 vote and now returns to the Assembly for a concurrence vote on the Senate amendments.

CA Senate Bill 532

The Kirsch Foundation supports SB 532, authored by State Senator Byron Sher (D-Stanford). SB 532 requires that California move to 20% renewable energy sources by 2010 using a system of tradable credits called a Renewable Portfolio Standard (RPS).

About SB 532
Ensuring a diverse fuel supply for electricity generation is viewed as critical for stabilizing the electricity market. Out of 60,000 megawatts of new generation planned over the next six years throughout the Western United States and Canada, approximately 56,000 megawatts (93%) will run on natural gas. Unless renewables contribute a substantially larger portion of the electricity supply, California will be headed towards a future of nearly complete reliance on natural gas.

By requiring all retail sellers to procure an increasing percentage of renewables over the next decade, SB 532 creates a solid market for renewable energy and spur the development of new renewable facilities. By using a system of tradable credits, an RPS ensures that the most cost-effective new renewables supply California’s power. An RPS program in Texas is already ahead of schedule and has successfully brought new renewables to the Texas market. Hawaii and Nevada have also just adopted RPS programs.

The Kirsch Foundation supports SB 532 for the following reasons:

  • The recent electricity crisis provides an important reminder of the consequences of continued reliance on fossil fuels. California should seize this opportunity to embark upon an aggressive deployment of renewable energy technologies such as solar, wind, biomass, and geothermal that will provide a host of economic, public health and consumer benefits.
  • California currently procures about 10% of its electricity from renewable energy, not including hydropower. Moving to 20% renewables by 2010 would reduce our increasing reliance on natural gas, protecting consumers and our economy from price and supply shocks, and cut the air, water and global warming pollution caused by burning fossil fuels.
  • Renewable energy resources are a critical weapon in the fight against air pollution and climate change. Electricity generation from fossil fuels is second only to motor vehicles for the air pollution and global warming emissions that it produces. By replacing fossil fuels with renewable energy sources, California will significantly reduce air pollution and global warming emissions.

The Kirsch Foundation joins a host of organizations in support of SB 532 including Global Warming Campaign, California League of Conservation Voters, Coalition for Clean Air, Environmental Defense, Global Green USA, Natural Resources Defense Council, Planning and Conservation League, Southern California Ecumenical Council, Union of Concerned Scientists, and Utility Reform Network.

The Los Angeles Times as well as The Mercury News editorialized in support of SB 532 in 2002.

Bill Update: While SB 532 passed through the Assembly Natural Resources Committee in the first part of the 2001-02 California legislative session, it failed passage in the Assembly Utilities and Commerce Committee. The bill must be approved in that committee before moving on for consideration by the entire Assembly.

CA Assembly Bill 2461

The Kirsch Foundation supports AB 2461, authored by Assemblymember Fred Keeley (D-27th District) and sponsored by the California Electric Transportation Coalition. This bill renews an expiring California law to keep vehicle license fees for clean, alternative-fuel vehicles competitive with those of traditional vehicles.

About AB 2461
Pricing clean vehicles comparable to traditional vehicles is critical to their acceptance by the mass market. Currently, alternative-fuel vehicles such as EVs are priced at a premium compared to similar gas powered vehicles. By charging a registration fee based on the price of a comparable gasoline powered vehicle instead of the clean vehicle’s sticker price, the state can eliminate one financial obstacle to alternative-fuel vehicle owners. AB 2461 would continue to reduce financial barriers to clean vehicle use. By removing a barrier for consumers who want to purchase automobiles that do not pollute, California will continue to clean up its air.

Bill Update: The bill passed out of the Assembly on May 29 with a vote of 79-0 and now heads to the Senate.

CA Senate Bill 1994 and CA Assembly Bill 2682

The Kirsch Foundation supports identical billsSB 1994 and AB 2682co-authored by Senator Nell Soto (D-Ontario) and Assemblymember Judy Chu (D-49th District), which create $200 million in state programs fighting petroleum-related pollution of air and water.

About SB 1994 and AB 2682
This legislation adds a $0.30 fee to each barrel of oil refined in California, generating $200 million annually for clean air and water incentive programs. The Carl Moyer Program, which provides incentives to reduce commercial engine emissions, has been subject to funding uncertainty as a result of its dependence on the state budgeting process. SB 1994 and AB 2682 create a permanent funding source for the Moyer program. In addition, previous studies have linked older school buses to high levels of pollution both inside and outside of the vehicle. This legislation would establish the first California program targeted specifically at the pollution created by these dirty diesel buses and its dangers to children.

In addition to the Kirsch Foundation, the American Lung Association, California League of Conservation Voters, California Public Interest Research Group, Clean Power Campaign, League of California Cities, Natural Resources Defense Council, and Planning and Conservation League support these bills.


Bill Update: SB 1994 passed out of the Senate Committee on Environmental Quality on a 4-2 vote and currently resides in the Senate Appropriations Committee. AB 2682 successfully passed the Assembly’s Environmental Safety and Toxic Materials Committee and is now in the Assembly Appropriations Committee.

CA Assembly Bill 2677

The Kirsch Foundation supports AB 2677, authored by Assemblymember Joe Nation (D-6th District), that would direct the California Energy Commission (CEC) to draft model regulations for clean vehicle parking incentive programs. These model ordinances would provide local governments with well-developed clean vehicle incentives that could be readily implemented.

About AB 2677
The incentives created by AB 2677 would encourage the purchase and use of vehicles that substantially reduce emissions of greenhouse gases, criteria pollutants, and toxic air contaminants. These model local ordinances would give more cities the opportunity to promote vehicles with reduced environmental impacts. The addition of several convenient policy options will allow local cities to speedily enact incentives without having to commit scant staff resources to research and drafting of unique local ordinances. Fewer barriers to introducing clean vehicle incentives at the local level will lead to more localities offering them.

Bill Update: On May 13, AB 2677 passed out of the Assembly on a vote of 54-31 and is currently in the Senate.

CA Assembly Bill 2774

The Foundation supports AB 2774, authored by State Assemblymember Fran Pavley (D-41st District), which requires the development of a pubic education campaign encouraging the purchase of advanced technology vehicles. This program would familiarize consumers throughout the state about clean vehicles currently available in the marketplace.

About AB 2774
Recent polls demonstrate that the public remains very unfamiliar with new vehicle technologies such as EVs and hybrids. This lack of knowledge provides a significant barrier to the adoption of these advanced technologies. AB 2774 would create a diverse stakeholder group to provide information that encourages the purchase and use of vehicles that substantially reduce air pollution in California.

Bill Update: On May 23, AB 2774 passed out of the Assembly on a vote of 52-24 and is currently in the Senate.


CA Assembly Bill 1314

The Kirsch Foundation supports AB 1314, authored by Assemblymember Sally Havice (D-56th District), which provides enforcement for parking spaces designated for zero-emission vehicles (ZEVs).

About AB 1314
This bill encourages ZEV use by ensuring that electric vehicles (EV) drivers have access to public charging infrastructure and other specially reserved spaces. EV drivers are sometimes prevented from parking by traditional vehicles improperly occupying charging spaces. Given that chargers are frequently placed at prime parking locations to incentivize EV use, illegally parked vehicles can diminish this incentive.

Currently, parking enforcement at EV charging locations has been inconsistent due to ambiguous enforcement laws and lack of a universal ZEV identifier. AB 1314 eliminates this tenuous situation and creates a clear identification method modeled after the successful disabled parking program.

Bill Update: On May 17, AB 1314 passed out of the Assembly on a vote of 75-0 and is currently in the Senate.


Corporate Average Fuel Economy (CAFE) Legislation
The Foundation supports federal legislation that would
require sport utility vehicles (SUVs) and light-trucks meet the same fuel efficiency standards as cars by 2007.

CAFE standards, set since 1975, are 27.5 miles per gallon for cars, but only 20.7 mpg for light trucks. The light-trucks definition includes a variety of SUVs, minivans, and pickup trucks, and now accounts for 45% of all new vehicles sold in the United States. The result of the dramatic shift toward light-trucks is an increased demand for gas and a decrease in resources.

Legislation currently proposed in the form of an amendment to the Administration's energy package would close up what is known as the "SUV loophole" in the CAFE standards by requiring light-trucks to have the same fuel economy standard as that of automobiles. Polls show strong public support for higher fuel standards.

SUVs, on average, spew out 43 percent more global warming pollution and 47 percent more smog-forming air pollution than an average car. Driving an SUV, versus driving an average car, for one year wastes more energy than leaving a refrigerator door open for six years or leaving a color television turned on for 28 years. (Sources: Sierra Club, Union of Concerned Scientists.)

The Natural Resources Defense Council has issued a report ("Clean Getaway: Toward Safe and Efficient Vehicles") highlighting the benefits of higher CAFE standards, and making the case for a 40 mpg target.

There are a variety of reasons the Foundation supports CAFE legislation:

  • A July 2001 study released by the National Academy of Science suggests automakers could increase the fuel efficiency of cars, pickups, sport utility vehicles and vans by 16 percent to 47 percent over the next 10 to 15 years on average. The Union of Concerned Scientists (UCS) estimates those improvements could save consumers $800-$1600 over the 14-year lifespan of a vehicle. Light-truck fuel economy could increase by as much as 80 percent, according to UCS, with the increased costs of the vehicle technology more than offset by fuel savings over its lifetime.
  • Although today's corporate average fuel economy standards are outdated, existing technologies could bring the typical family car to over 45 mpg, doubling the fuel economy of the average SUV.
  • According to UCS, increasing fuel economy standards for all passenger vehicles to 40 mpg by 2012 maximizes flexibility for automakers while giving consumers greater choice. The 40-mpg standard would eliminate 374 million tons of global warming pollution annually in 2012.
  • While automakers claim that a CAFE increase would be a “business catastrophe,” UCS reported in February 2002 that raising fuel economy standards could create 182,700 jobs in construction, automobile, service, retail and other industries.

Bill Update: On August 1, 2001, the U.S. House of Representatives voted 269-160 against raising fuel mileage standards for SUVs and light-trucks to 27.5 miles per gallon, from the current fleet average of 20.7 mpg. When the bill was passed to the Senate, Senators John Kerry (D-MA) and John McCain (R-AZ) proposed a compromise that would have raised CAFE requirements about 50% to 27.5 miles per gallon for sedans and 20.7 mpg for SUVs, minivans and pickups over the next 15 years. After a visible national debate, the Senate voted 62-38 to reject the Kerry-McCain proposal in favor of allowing the National Highway Traffic Safety Administration to study CAFE for two years before making policy recommendations to Congress. In addition, the Senate added a provision that would permanently exempt light trucks from any future increases in CAFE. On April 25, the Senate passed comprehensive energy legislation without the increased CAFE regulations by a vote of 88-11. The legislation now heads to a joint House-Senate conference committee where the differences between the two bills will be worked out. If the committee reaches a compromise, the bill will go to both houses of Congress for approval once again. It is possible that Congress will ultimately not approve a comprehensive energy bill, in light of the level of disagreement among members on the varied, contentious issues.

Read "A Dangerous Addiction," a report released by the Union of Concerned Scientists and Natural Resources Defense Council in January 2002 that discusses ending America's oil dependence. Step #1 of the Five-Step Oil Security Program to Cut Oil Dependence is "Raise Fuel Economy Standards."

CA Assembly Concurrent Resolution 213

The Kirsch Foundation supports ACR 213, authored by Assemblymember Carole Migden (D-13th District), which would encourage the Golden Gate Bridge to allow toll-free crossing for zero-emission vehicles (ZEVs).

About ACR 213
This bill creates an incentive for ZEV purchases by allowing drivers to cross the Golden Gate Bridge without paying a toll. Due to the Foundation’s previous work on allowing single-occupant ZEVs in the HOV (High Occupancy Vehicle, or carpool) lane, ZEV drivers are able to cross virtually all California bridges without paying a toll. The Golden Gate Bridge does not have an HOV lane but it permits carpools to pass without paying a toll. This legislation would encourage the Golden Gate Bridge Transportation Authority to expand its carpool program to ZEVs as well.

Bill Update: ACR 213 currently resides in the Assembly.

ZEV-Related Efforts

Zero-Emission Vehicle (ZEV) Production Requirements
For information about CARB's final decision on the fate of California's ZEV Program, go to Results/Outcomes.

ZEV Incentive Legislation Signed by Governor Gray Davis
Read about the passage and signing of AB 2061 and other Legislative Successes.

City of San Jose To Allow Free Parking for ZEVs
Review the background on the San Jose City Council's adoption of this ZEV incentive pilot program and other Legislative Successes.

Shopping for an Environmentally-Friendly Vehicle
There are several web sites that can help you determine your current or next car's environmental pedigree:


Other Lobbying Activities and Positions

Learn about the Santa Clara Valley Transportation Authority Board of Directors' vote for more diesel transit buses instead of the preferred alternative fuel path choice, plus other Results/Outcomes.

Back to top



home | who we are | how to apply for grants | what we've done
what we care about | why give