Amended in Assembly August 5, 2013

Amended in Assembly June 24, 2013

Amended in Senate April 25, 2013

Amended in Senate April 8, 2013

Senate Bill No. 459

Introduced by Senator Pavley

February 21, 2013

An act to add Section 44127 to begin delete , and to add and repeal Section 44062.5 of, end delete the Health and Safety Code, relating to vehicular air pollution.

LEGISLATIVE COUNSEL’S DIGEST

SB 459, as amended, Pavley. Vehicle retirement: low-income motor vehicle owners.

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(1) Existing law provides for a repair assistance program available to an individual whose maximum income level does not exceed 225% of the federal poverty level and who is the owner of a motor vehicle that has failed a smog check inspection or who has received a notice to correct. Existing law requires the bureau to permit vehicle retirement of a motor vehicle that is a high polluter and that has been continuously registered in the state for at least 2 years or otherwise proven to have been driven in the state for the last 2 years, as specified, prior to vehicle retirement. Existing law requires the bureau to pay a person for the voluntary retirement of a high-polluting motor vehicle $1,500 for a low-income motor vehicle and $1,000 for all other motor vehicle owners, and authorizes additional payments above these amounts based on consideration of specified criteria.

end delete begin delete

This bill would require the department, on or before October 1, 2014, to establish a one-year pilot program to provide financial assistance to low-income motor vehicle owners, as defined, for the voluntary retirement of a gross-polluting vehicle, as specified. The bill would require a reasonable demonstration, as specified, that a vehicle retired under the program was operated primarily in the state for the last 2 years prior to acceptance in the program and would prohibit the department from requiring proof of registration for that time period. The bill would require the department to engage in multilingual outreach to underserved communities about the benefits of the pilot program, as specified. The bill would require the department, before January 1, 2016, to submit a specified report to the Legislature and the Governor. The bill would require the moneys necessary to implement the pilot program to be transferred, upon appropriation by the Legislature, from the Vehicle Inspection and Repair Fund to the High Polluter Repair or Removal Account.

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(2) Existing

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begin insert Existing end insert law creates an enhanced fleet modernization program for the retirement of high polluting vehicles to be administered by the Bureau of Automotive Repair pursuant to guidelines adopted by the State Air Resources Board.

This bill would require the state board begin insert , in collaboration with the bureau and air pollution control and air quality management districts, to engage in a one-year multilingual outreach campaign in areas designated as federal nonattainment focusing on low-income vehicle owners to increase the utilization of the vehicle replacement component of the enhanced fleet modernization program and to understand the barriers to participation in the enhanced fleet modernization program, as specified. The bill would require the moneys necessary to implement the one-year multilingual outreach campaign to be transferred, upon appropriation by the Legislature, from the Vehicle Inspection and Repair Fund to the High Polluter Repair or Removal Account. The bill would require the state board, within 2 years of a specified appropriation, to provide a specified assessment to the Legislature of both the one-year multilingual outreach campaign and the enhanced fleet modernization program. The bill would require the state board end insert to update the guidelines for begin delete that end delete begin insert the end insert enhanced fleet modernization program to include specified elements. begin insert The bill would make various findings and declarations. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 44062.5 is added to the Health and Safety
Code, to read:

44062.5.  

(a) On or before October 1, 2014, the department
shall establish a one-year pilot program to provide financial
assistance to low-income motor vehicle owners, as defined in
Section 44062.1, for the voluntary retirement of a gross-polluting
vehicle. A vehicle retired pursuant to this section shall have been
reasonably demonstrated to the department to have been operated
primarily in the state for the last two years prior to acceptance into
the pilot program. The department shall not require proof of
registration for the last two years prior to acceptance into the
program.

(b) (1) The department shall engage in multilingual outreach
in underserved communities about the benefits of the pilot program
established pursuant to subdivision (a).

(2) The department shall primarily focus efforts in the South
Coast Air Basin and the San Joaquin Valley Air Basin.

(3) The department shall include funding for a community-based
outreach effort. The department also may utilize grass roots
community networks, including local opinion leaders, community
nonprofits, churches, the PTA, automobile dealerships, and the
workplace.

(c) Reasonable demonstration that the vehicle has been operated
primarily in the state for the last two years shall be shown by either
of the following:

(1) Proof of car insurance in the state for the last two years.

(2) An invoice showing the vehicle identification number for
vehicle repairs or maintenance during the last two years and proof
of the vehicle owner’s residence in the state during the last two
years.

(d) (1) Before January 1, 2016, the department shall report to
the appropriate committees of the Legislature and the Governor
the number of vehicles retired pursuant to subdivision (a) and the
model year, odometer reading, and vehicle identification number
of each vehicle retired pursuant to subdivision (a).

(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

(3) Notwithstanding subdivision (f), this subdivision shall remain
operative on and after July 1, 2015.

(e) Moneys necessary to implement this section shall be
transferred, upon appropriation by the Legislature, from the Vehicle
Inspection and Repair Fund, established pursuant to Section 9886
of the Business and Professions Code, to the High Polluter Repair
or Removal Account, established pursuant to subdivision (a) of
Section 44091.

(f) Except as provided in paragraph (3) of subdivision (d), this
section shall become inoperative on July 1, 2015, and, as of January
1, 2016, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares that the State
Air Resources Board should take all the steps necessary to improve
the Enhanced Fleet Modernization Program (Article 11
(commencing with Section 44125) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code) to increase the benefits
of the program for low-income California residents, as defined in
Section 44062.1 of the Health and Safety Code, promote cleaner
replacement vehicles, and reduce the number of end-of-life vehicles
that enter the program. end insert

SEC. 2.  

Section 44127 is added to the Health and Safety Code,
to read:

44127.  

(a)  begin delete No end delete begin insert (1) end insert begin insert   end insert begin insert The state board, in collaboration with the
Bureau of Automotive Repair and districts, shall engage in a
one-year multilingual outreach campaign in areas designated as
federal nonattainment focusing on low-income vehicle owners to
increase the utilization of the vehicle replacement component of
the program established pursuant to Section 44125 and to
understand the barriers to participation in the program established
pursuant to Section 44125. end insert

begin insert

(2) The state board shall include in the one-year multilingual
outreach campaign established pursuant to this subdivision a
community-based outreach effort. The state board shall contract
with a district or grass roots community network to implement the
community-based outreach effort. For purposes of this section, a
grass roots community network means local opinion leaders,
community nonprofits, churches, the PTA, automobile dealerships,
and the workplace.

end insert begin insert

(3) Moneys necessary to implement this subdivision shall be
transferred, upon appropriation by the Legislature, from the
Vehicle Inspection and Repair Fund, established pursuant to
Section 9886 of the Business and Professions Code, to the High
Polluter Repair or Removal Account, established pursuant to
subdivision (a) of Section 44091.

end insert begin insert

(4) (A) Notwithstanding Section 10231.5 of the Government
Code, no later than two years after an appropriation by the
Legislature pursuant to paragraph (3), the state board shall
provide an assessment to the Legislature of the costs and short-term
emissions-reduction benefits of the one-year multilingual outreach
campaign and the program established pursuant to Section 44125,
including all of the following:

end insert begin insert

(i) Measurement of the emissions reductions gained by the
vehicle replacement incentives.

end insert begin insert

(ii) Number of replacement vehicle vouchers used.

end insert begin insert

(iii) Year, make, model, and cost of the replacement vehicles.

end insert begin insert

(B) A report submitted pursuant to this paragraph shall be
submitted in compliance with Section 9795 of the Government
Code.

end insert

begin insert (b) end insert begin insert   end insert begin insert No end insert later than January 1, begin delete 2016, end delete begin insert 2015, end insert the state board, in
consultation with the Bureau of Automotive Repair, shall update
the program established pursuant to Section 44125. The program
shall continue to be administered by the Bureau of Automotive
Repair pursuant to guidelines updated and adopted by the state
board.

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(b)

end delete

begin insert (c) end insert  The updated guidelines shall begin insert supplement Section 44125 to end insert
include all of the following elements:

(1) Provisions that coordinate the implementation of the vehicle
retirement and replacement components of the program established
pursuant to Section 44125 with the vehicle retirement component
of the Bureau of Automotive Repair Consumer Assistance Program
established pursuant to other provisions of this begin delete chapter, end delete begin insert chapter end insert
to maximize participation by persons eligible under components
of both programs.

begin delete

(2) Information learned from the pilot program established
pursuant to Section 44062.5 is considered.

end delete begin insert

(2) Streamlined administration to simplify participation while
protecting the accountability of moneys spent.

end insert

(3) Increased emphasis on the replacement of high polluters
with cleaner vehicles or the increased use of public transit begin insert that
results in increased utilization of the vehicle replacement
component of the program established pursuant to Section 44125 end insert .

(4) Increased emphasis on the reduction of greenhouse gas
emissions through increased vehicle or transit efficiency as a result
of the program established pursuant to Section 44125.

(5) Methods of financial assistance other than vouchers are
studied and considered.

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(6) Increased utilization of the replacement component of the
program established pursuant to Section 44125.

end delete begin insert

(6) Specific steps to ensure the vehicle replacement component
of the program is available in areas designated as federal extreme
nonattainment.

end insert

(7) A requirement that vehicles eligible for retirement begin delete have been
operated on the road recently end delete begin insert are driveable end insert .

(8) An option for automobile dealerships or other used car sellers
to accept cars for retirement provided the cars are dismantled
consistent with the requirements of the program established
pursuant to Section 44125.

(9) Increased partnerships and outreach with grass roots
community networks, including local opinion leaders, community
nonprofits, churches, the PTA, automobile dealerships, auto loan
institutions, and employers.

begin insert

(10) Increased consideration of an incentive structure with
varied incentive amounts to maximize program participation and
cost-effective emissions reductions.

end insert