BILL NUMBER: AB 2128	CHAPTERED
	BILL TEXT

	CHAPTER  703
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	PASSED THE SENATE  AUGUST 25, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JULY 22, 2004
	AMENDED IN SENATE  JULY 1, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004
	AMENDED IN ASSEMBLY  MAY 6, 2004
	AMENDED IN ASSEMBLY  APRIL 13, 2004
	AMENDED IN ASSEMBLY  MARCH 30, 2004

INTRODUCED BY   Assembly Member Jackson
   (Coauthors:  Assembly Members Bates, Berg, Dymally, Kehoe, Koretz,
Laird, Leno, Liu, Lowenthal, Maldonado, Nation, Oropeza, Parra,
Pavley, and Reyes)

                        FEBRUARY 18, 2004

   An act to amend Section 44091.1 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2128, Jackson.  Air pollution:  smog check:  voluntary vehicle
retirement incentives.
   Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances.  Existing law establishes the High Polluter Repair or
Removal Account in the Vehicle Inspection and Repair Fund for use by
the department and the state board to establish and implement a
program for the repair or replacement of high polluting vehicles.
Existing law designates the state board as the state agency charged
with coordinating efforts to attain and maintain ambient air quality
standards.
   Existing law exempts any motor vehicle 4 or fewer model-years old
from the smog check program, but subjects those motor vehicles to an
annual smog abatement fee of $12.  Existing law allocates the revenue
generated by $6 of that fee to be deposited in the Air Pollution
Control Fund.  Existing law allocates, of the revenue generated by
the remaining $6 of the fee, the revenues generated by $2 of the fee
to the High Polluter Repair or Removal Account in the Vehicle
Inspection and Repair Fund, and the revenues generated by $4 of the
fee to the general Vehicle Inspection and Repair Fund.
   This bill would instead, commencing January 1, 2005, of the
revenues generated by the remaining $6 of the fee, allocate the
revenues generated by $4 of the fee to the High Polluter Repair or
Removal Account in the Vehicle Inspection and Repair Fund, and the
revenues generated by $2 of the fee to the general Vehicle Inspection
and Repair Fund.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44091.1 of the Health and Safety Code is
amended to read:
   44091.1.  Commencing January 1, 2005, the fee specified in
paragraph (1) of subdivision (d) of Section 44060 shall be twelve
dollars ($12).  The revenues from that fee shall be allocated as
follows:
   (a) The revenues generated by six dollars ($6) of the fee shall be
deposited in the Air Pollution Control Fund, and shall be available
for expenditure, upon appropriation by the Legislature, to fund the
Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter
9 (commencing with Section 44275)) to the extent that the state
board or a participating district determines the moneys are expended
to mitigate or remediate the harm caused by the type of motor vehicle
on which the fee is imposed.
   (b) (1) Except as provided for in paragraph (2), of the revenue
generated by the remaining six dollars ($6) of the fee, four dollars
($4) shall be deposited in the account created by Section 44091,
while the revenue generated by the remaining two dollars ($2) shall
be deposited in the Vehicle Inspection and Repair Fund.
   (2) All revenue generated by the remaining six dollars ($6) of the
fee described in this subdivision that is imposed at first
registration of a motor vehicle and that is exempted under paragraph
(4) of subdivision (a) of Section 44011 shall be deposited in the
account created by Section 44091.