BILL NUMBER: AB 787	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2010
	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 amend Sections 44062.1 and 44062.3 of the Health and
Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 787, as amended, Hill. Smog check: vehicle repair assistance
and retirement program.
   (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
cost effective.
   This bill would increase this amount from $1,500 to $2,000. 
The bill would require the department to permit vehicle retirement
for any motor vehicle that fails any type of legally required smog
check inspection. 
   (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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 an
individual who is a low-income motor vehicle owner, and who is either
or both of the following:
    (A) The owner of a motor vehicle that has failed a smog check
inspection.
    (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.
   (2) The department shall offer repair cost assistance 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. 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, 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. 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. In determining the
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) The department shall collect data from the program to provide
information 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
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.
    (h) For purposes of this section, "low-income motor vehicle owner"
means a person whose income does not exceed 300 percent of the
federal poverty level, as published quarterly in the Federal Register
by the United States Department of Health and Human Services.
  SEC. 2.  Section 44062.3 of the Health and Safety Code is amended
to read:
   44062.3.   (a)    The owner of a motor vehicle
that has failed 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 two thousand
dollars ($2,000). The department may pay an owner of a motor vehicle
who elects to retire the vehicle more than two thousand dollars
($2,000), if the department determines that this payment is cost
effective. 
   (b) The department shall permit vehicle retirement pursuant to
subdivision (a) for any motor vehicle that fails any type of legally
required smog check inspection. 
  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.