BILL NUMBER: SB 23 CHAPTERED
BILL TEXT
CHAPTER 634
FILED WITH SECRETARY OF STATE OCTOBER 13, 2007
APPROVED BY GOVERNOR OCTOBER 13, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 10, 2007
AMENDED IN ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 22, 2007
AMENDED IN SENATE APRIL 10, 2007
AMENDED IN SENATE MARCH 20, 2007
INTRODUCED BY Senator Cogdill
(Coauthor: Senator Florez)
DECEMBER 4, 2006
An act to add and repeal Section 44099 of the Health and Safety
Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 23, Cogdill. San Joaquin Valley Unified Air Pollution Control
District: high polluter vehicles.
(1) Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility
for the control of vehicular air pollution, and air pollution control
districts and air quality management districts with the primary
responsibility for the control of air pollution from all sources
other than vehicular sources.
Existing law establishes a motor vehicle inspection and
maintenance (smog check) program, developed, implemented, and
administered by the Department of Consumer Affairs. Existing law
vests in the Chief of the Bureau of Automotive Repair within the
department the duty of enforcing and administering the program.
Existing law establishes a voluntary high polluter, as defined,
repair or removal program. Existing law also creates the San Joaquin
Valley Unified Air Pollution Control District (district), formed by
specified counties, and permits the district to adopt specified rules
and regulations relating to air pollution.
Existing law creates the Traffic Congestion Relief Fund in the
State Treasury, and specifies projects that are eligible for grants
from the fund, including $25,000,000 for the San Joaquin Valley
Emergency Clean Air Attainment Program.
This bill would impose a state-mandated local program by requiring
the district to develop and administer, in consultation with the
state board, a voluntary program to remove high polluter vehicles
within the district by exchanging high polluter vehicles in the
district for donated vehicles, as provided. The bill would require
the district to certify that the exchange of any 2 vehicles results
in quantified lower net emissions. The bill would limit the program
to 200 vehicle exchanges annually. The bill would authorize the
district to use any interest generated from the funds allocated to
the district from the Traffic Congestion Relief Fund, upon
appropriation, for the purpose of administering the program. The bill
would require the district to submit a report, on or before January
1, 2012, relating to the implementation and status of the program,
including, but not limited to, the number of vehicles donated. The
bill would repeal these provisions on January 1, 2013.
This bill would make legislative findings and declarations as to
the necessity of a special statute.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would make the operation of its provisions contingent
upon the enactment of SB 719 of the 2007-08 Regular Session.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44099 is added to the Health and Safety Code,
to read:
44099. (a) As used in this section, "district" means the San
Joaquin Valley Unified Air Pollution Control District.
(b) The district shall develop and administer, in consultation
with the state board, a voluntary program to improve air quality by
exchanging high polluter vehicles within the district, for donated
vehicles. The program shall do all of the following:
(1) Permit any person or business entity within the state to
donate to the district any low-emission motor vehicle that has passed
its last required smog test. If the vehicle is registered at a
residence located outside of the district, the donor shall deliver
the vehicle to the district.
(2) Permit the owner of a motor vehicle who lives within the
jurisdiction of the district to apply to the district for a
replacement vehicle if both of the following conditions are met:
(A) The motor vehicle did not pass its most recent smog check
inspection.
(B) The motor vehicle has been registered in any county
encompassed by the San Joaquin district for a period of at least two
years immediately preceding the application.
(c) The district shall give priority for vehicle replacement to
persons whose family income does not exceed 225 percent of the
federal poverty level.
(d) The district may authorize, by contract, any entity to
administer any portion of the program.
(e) The district shall certify that the exchange of any two
vehicles results in quantified lower net emissions.
(f) The vehicle replacement program shall be a supplement to, and
not a replacement for, other high polluter repair or removal
programs, pursuant to this article.
(g) The program shall be limited to 200 vehicle exchanges, as
described in subdivision (a), annually.
(h) The district shall store the replacement vehicles in a central
facility.
(i) The district shall ensure that high polluter vehicles replaced
under this program are removed from operation and scrapped or
crushed by a dismantler participating in the "Partners in the
Solution" program of the State of California Auto Dismantlers
Association (SCADA) and operating under contract with the district.
(j) The district shall include protections in the program against
abuse of the program by recipients of the donated cars.
(k) Any interest generated from the funds allocated to the
district from the Traffic Congestion Relief Fund, established by
Section 14556.5 of the Government Code, for the purposes of paragraph
(100) of subdivision (a) of Section 14556.40 of the Government Code
may be used, upon appropriation by the Legislature, by the district
for the purpose of administering the program established in this
section.
(l) On or before January 1, 2012, the district shall submit a
report to the Legislature on the implementation and status of the
program, including, but not limited to, the number of vehicles
donated, the number of vehicles that participated in the program, the
number of donated vehicles on hand, the costs of operating the
program, the estimated emission reductions achieved through the
program, the cost to achieve a one ton reduction in emissions, the
expected costs of the program if the program were statewide, and the
costs of the program compared to other efforts to reduce vehicular
emissions.
(m) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique difficulties faced by the San Joaquin Valley
Unified Air Pollution Control District in attempting in good faith to
preserve its air quality, and the uniquely severe public
consequences that would be faced by the Counties of Fresno, Kern,
Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare in the
absence of the relief provided by this act.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 4. This act shall become operative only if Senate Bill 719 of
the 2007-08 Regular Session is enacted and becomes effective on or
before January 1, 2008.