BILL NUMBER: SB 901	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Steinberg

                        FEBRUARY 18, 2011

   An act to amend Section 44125 of, and to amend the heading of
Article 11 (commencing with Section 44125) of Chapter 5 of Part 5 of
Division 26 of, the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 901, as introduced, Steinberg. Air pollution: vehicle
retirement program.
   Existing law creates the High Polluter Repair or Removal Account
in the Vehicle Inspection and Repair Fund, and makes moneys deposited
in the account available, upon appropriation by the Legislature, to
the Department of Consumer Affairs and the State Air Resources Board
to establish and implement a program for the repair or replacement of
high polluters. Existing law also creates a program for the
voluntary retirement of motor vehicles that are high polluting
vehicles, administered by the Bureau of Automotive Repair pursuant to
guidelines adopted by the state board, to be funded from the
Enhanced Fleet Modernization Subaccount in the High Polluter Removal
and Repair Account.
   This bill would make this program available only to the highest
polluting vehicles, with priority given to those highest polluting
vehicles registered in air basins that are out of attainment with
federal air quality standards. The bill would make other technical
changes.
   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.  The heading of Article 11 (commencing with Section
44125) of Chapter 5 of Part 5 of Division 26 of the Health and Safety
Code is amended to read:

      Article 11.   Enhanced Fleet Modernization 
 Vehicle Retirement Program


  SEC. 2.  Section 44125 of the Health and Safety Code is amended to
read:
   44125.  (a) No later than July 1, 2009, the state board, in
consultation with the Bureau of Automotive Repair (BAR), shall adopt
a program to commence on January 1, 2010, that  allows
  provides  for the voluntary retirement of
passenger vehicles and light-duty and medium-duty trucks that are
 high   the highest  polluters. The program
shall be administered by the BAR pursuant to guidelines adopted by
the state board.
   (b) The guidelines shall ensure all of the following:
   (1) Vehicles retired pursuant to the program are permanently
removed from operation and retired at a dismantler under contract
with the BAR.
   (2) Districts retain their authority to administer vehicle
retirement programs otherwise authorized under law.
   (3) The program is available for  high   the
highest  polluting passenger vehicles and light-duty and
medium-duty trucks that have been continuously registered in
California for  at least  two years prior to acceptance into
the program or otherwise proven to have been driven primarily in
California for  at least  the last two years and have not
been registered in another state or country in  at least 
the last two years. 
   (4) The program is focused where the greatest air quality impact
can be identified.  
   (4) Moneys appropriated for the purposes of the program are
expended to retire the highest polluting vehicles in the state, with
priority given to those highest polluting vehicles registered in air
basins that are out of attainment with federal air quality standards.

   (5) Compensation for retired vehicles shall be one thousand five
hundred dollars ($1,500) for a low-income motor vehicle owner, as
defined in Section 44062.1, and one thousand dollars ($1,000) for all
other motor vehicle owners. The department may pay a motor vehicle
owner more than these amounts based on factors including, but not
limited to, the age of the vehicle, the emission benefits of the
vehicle's retirement, the emission impact of any replacement vehicle,
and the location of the vehicle in an area of the state with the
poorest air quality.
   (6) Cost-effectiveness  and   . 
    (7)     Consideration of impacts on
disadvantaged and low-income populations  are considered
 .