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.