BILL NUMBER: AB 383 CHAPTERED
BILL TEXT
CHAPTER 565
FILED WITH SECRETARY OF STATE OCTOBER 6, 2005
APPROVED BY GOVERNOR OCTOBER 6, 2005
PASSED THE ASSEMBLY SEPTEMBER 7, 2005
PASSED THE SENATE SEPTEMBER 6, 2005
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN SENATE AUGUST 16, 2005
AMENDED IN SENATE JUNE 28, 2005
AMENDED IN ASSEMBLY MARCH 17, 2005
INTRODUCED BY Assembly Member Montanez
FEBRUARY 11, 2005
An act to amend Section 44062.1 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 383, Montanez Air pollution: motor vehicle inspection program:
repair assistance.
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 provides for a repair assistance program
available to (1) an individual whose maximum income level is 185% of
the federal poverty level and whose vehicle has failed a smog check
inspection or who was issued a notice to correct for an alleged
violation of unlawful motor vehicle exhaust discharge, if the vehicle
subject to that notice has failed a smog check inspection subsequent
to receiving that notice, or both, and (2) an owner of a motor
vehicle that has failed a smog check inspection and that is directed
to a test-only facility.
This bill would make the repair assistance program available to an
individual who meets the criteria in (1) above whose maximum income
level is 200% of the federal poverty level, and to an individual who
meets the criteria in (2) above. The bill would require the
department to give priority to applications submitted pursuant to the
criteria in (2) above, as specified. The bill would, on January 1,
2009, set the maximum income level relative to the criteria in (1)
above at 185% of the federal poverty level. The bill would authorize
the department to increase the maximum income level of low-income
motor vehicle owners to a maximum of 225% of the federal poverty
level if the department determines that existing budget allocations
would support the increase. This bill would also make a conforming
change in the definition of "low-income motor vehicle owner"
regarding the owner's income level as a percentage of the federal
poverty level.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44062.1 of the Health and Safety Code is
amended to read:
44062.1. (a) The department shall offer a repair assistance
program through entities authorized to perform referee functions.
(b) (1) The repair assistance program shall be available to the
following eligible individuals:
(A) An individual who has a maximum income level of 200 percent of
the federal poverty level, as published quarterly in the Federal
Register by the Department of Health and Human Services, and who is
either or both of the following:
(i) The owner of a motor vehicle that has failed a smog check
inspection.
(ii) The owner of a motor vehicle who was issued a notice to
correct for an alleged violation of Section 27153 or 27153.5 of the
Vehicle Code involving that vehicle, if the vehicle subject to that
notice has failed a smog check inspection subsequent to receiving the
notice.
On and after January 1, 2009, the maximum income level prescribed
for this subparagraph shall be set at 185 percent of the federal
poverty level, as published quarterly in the Federal Register by the
United States Department of Health and Human Services.
(B) An individual who is the owner of a motor vehicle that has
failed a smog check inspection and is directed to a test-only
facility pursuant to Section 44010.5 or 44014.7. If the department
determines that applications for repair assistance exceed the amount
of funds available, to the maximum extent possible, applications from
low-income motor vehicle owners shall be given priority over other
applications.
(2) The department shall offer repair cost assistance, funded by
the High Polluter Repair or Removal Account in the Vehicle Inspection
and Repair Fund created pursuant to subdivision (a) of Section
44091, to individuals based on the cost-effectiveness and air quality
benefit of the needed repair. Repair assistance may include
retesting costs and the costs of repairs to remedy the violation of
Section 27153 or 27153.5 of the Vehicle Code.
(3) An applicant for repair assistance shall file an application
on a form prescribed by the department and shall certify under
penalty of perjury that the applicant meets the applicable
eligibility standards.
(4) Verification of income eligibility shall be based on at least
one form of documentation, as determined by the department,
including, but not limited to, (A) an income tax return, (B) an
employment warrant, or (C) a form of public assistance verification.
(c) The repair assistance program shall be funded by the High
Polluter Repair or Removal Account.
(d) Repairs to motor vehicles that fail smog check inspections and
are subsidized by the state through the program shall be performed
at a repair station licensed and certified pursuant to Sections 44014
and 44014.2. Repair shall be based upon a preapproved list of
repairs for cost-effective emission reductions or repairs to remedy a
violation of Section 27153 or 27153.5 of the Vehicle Code.
(e) The qualified low-income motor vehicle owner receiving repair
assistance pursuant to this section shall contribute a copayment, as
determined by the department as specified in Section 44017.1, either
in cash, or in emissions-related partial repairs as verified by a
test-only station pursuant to paragraph (2) of subdivision (c) of
Section 44015, or a combination thereof. For an owner of a motor
vehicle described in subparagraph (B) of paragraph (1) of subdivision
(b), the department shall impose a copayment at least equivalent to
the amount imposed on a low-income individual receiving assistance
under this section. If the repair cost exceeds the applicable repair
cost limit, the department shall inform a motor vehicle owner of all
options for compliance at the time of testing and repair.
(f) The department may increase its contribution toward the repair
of a motor vehicle under this program in excess of the amount
authorized for the repair of a high-polluter pursuant to paragraph
(1) of subdivision (b) of Section 44094, if the department determines
that the expenditure is cost-effective.
(g) Notwithstanding subparagraph (A) of subdivision (b), the
department may increase the maximum income level of a low-income
motor vehicle owner under this program from the amount specified in
this section, not to exceed 225 percent of the federal poverty level,
if the department determines that the increase is capable of being
supported within existing budget allocations.
(h) The department shall collect data from the program to provide
information on how to improve the program. Data collection shall
include all of the following:
(1) The number of motor vehicle owners that are eligible for
repair assistance.
(2) The number of eligible motor vehicle owners that use repair
assistance funds.
(3) The potential for fraud.
(4) The average repair bills.
(5) The types of repairs being done.
(6) The amount of partial repairs done prior to receipt of repair
assistance.
(7) The emissions benefits of providing repair assistance.
(i) The department shall collect data and develop information and
shall report to the Legislature on or before April 1, 1999, on
eligibility criteria, program participation, the cost of vehicle
repairs, and the funding resources needed to implement the program.
(j) For purposes of this section, "low-income motor vehicle owner"
means a person whose income does not exceed 200 percent of the
federal poverty level.