BILL NUMBER: SB 23 CHAPTERED 10/13/07 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.