BILL NUMBER: AB 787 AMENDED
AMENDED IN SENATE FEBRUARY 9, 2010
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Hill
FEBRUARY 26, 2009
An act to add Section 3011.5 to the Elections Code,
relating to elections. An act to amend Sections
44062.1 and 44062.3 of the Health and Safety Code, relating to air
LEGISLATIVE COUNSEL'S DIGEST
AB 787, as amended, Hill. Elections: vote by mail
ballots. Smog check: vehicle repair assistance and
(1) Existing law establishes a motor vehicle inspection and
maintenance (smog check) program, developed, implemented, and
administered by the Department of Consumer Affairs. The duty of
enforcing and administering the program is vested in the Chief of the
Bureau of Automotive Repair within the department. The owner of a
motor vehicle that has failed its most recent smog check inspection
has the right to retire the vehicle from operation at a dismantler
under contract with the Bureau of Automotive Repair, and the
department is required to pay this person up to $1,500, or more if
This bill would increase this amount from $1,500 to $2,000.
(2) Existing law provides for a repair assistance program
available to an individual whose maximum income level is 185% of the
federal poverty level, or 225% of the federal poverty level if a
certain determination is made, and who is the owner of a motor
vehicle that has failed a smog check inspection or received a notice
to correct, or an individual who has failed a smog check inspection
and is directed to a test-only facility.
This bill would make the repair assistance program available only
to low-income individuals whose income does not exceed 300% of the
federal poverty level, as specified. The bill would make other
conforming changes, and delete obsolete provisions of law.
(1) Existing law authorizes an eligible voter to vote by a vote by
mail ballot and to become a permanent vote by mail voter upon
satisfying specified application requirements.
The bill would require, if the elections official determines that
more than one first-class stamp or the equivalent postage is required
to return a vote by mail ballot, that the elections official provide
a notification to the voter of how many first-class stamps or the
equivalent postage is required.
By increasing the duties of local elections officials, the bill
would impose a state-mandated local program.
(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
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
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:
(b) (1) The
repair assistance program shall be available to an individual
who has is a maximum income
level of 200 percent of the federal poverty level, as published
quarterly in the Federal Register by the Department of Health
low-income motor vehicle owner, and
Human Services, and who is either or both of the following:
(A) The owner of a motor vehicle that has failed a smog
(B) 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
(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
(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
(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 Repairs 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
high polluter pursuant to paragraph (1) of subdivision (b) of
Section 44094, if the department determines that the expenditure is
cost-effective. cost effective. In
determining the cost effectiveness
cost-effectiveness of the expenditure, the department shall
consider a failure of the visible smoke test, pursuant to Section
44012.1, and the costs associated with repairing a smoking vehicle.
(g) Notwithstanding subparagraph (A) of paragraph (1) 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.
(g) The department shall collect data from the program
to provide information on how to to develop
recommendations to improve the program. Data collection shall
include all of the following:
(1) The number of motor vehicle owners that are eligible for
(2) The number of eligible motor vehicle owners that use repair
(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
(7) The emissions benefits of providing repair assistance.
(h) For purposes of this section, "low-income motor
vehicle owner" means a person whose income does not exceed
200 300 percent of the federal poverty
level. level, as published quarterly in the Federal
Register by the United States Department of Health and Human
SEC. 2. Section 44062.3 of the Health
and Safety Code is amended to read:
44062.3. The owner of a motor vehicle that has failed
its the most recent smog check inspection
for that vehicle may retire the vehicle from operation at a
dismantler under contract with the Bureau of Automotive Repair ,
at any time after learning of the smog check failure . The
department shall pay a person who retires his or her vehicle under
this section up to one two thousand
five hundred dollars ($1,500)
($2,000) . The department may pay an owner of a motor
vehicle who elects to retire the vehicle more than one
two thousand five hundred
dollars ($1,500) ($2,000) , if the
department determines that this payment is cost effective.
SEC. 3. The savings created by the amendments made
to Section 44062.1 of the Health and Safety Code by Section 1 of
this act shall be used exclusively to fund retirement payments
pursuant to Section 44062.3 of the Health and Safety Code.
SECTION 1. Section 3011.5 is added to the
Elections Code, to read:
3011.5. (a) If the elections official determines that more than
one first-class stamp or the equivalent postage is required to return
a vote by mail ballot, the elections official shall provide a
notification to the voter of how many first-class stamps or the
equivalent postage is required.
(b) The elections official shall use the most cost-effective means
available to notify the voter pursuant to subdivision (a) of the
need for additional postage.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.