Amended in Assembly September 3, 2013

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 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.

Existing 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.

begin delete This bill would require the state board, 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. end delete The bill would require the state board begin insert , in consultation with the bureau and no later than January 1, 2015, end insert to update the guidelines for the enhanced fleet modernization program to include specified elements begin insert and to study and consider specified elements end insert . The bill would make various findings and declarations.

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 Legislature finds and declares that the State
Air Resources Board should take all the steps necessary to improve
the begin delete Enhanced Fleet Modernization Program end delete begin insert enhanced fleet
modernization program end insert (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 begin delete reduce the number of end-of-life vehicles that enter end delete begin insert enhance
emissions reductions gained by end insert the program.

SEC. 2.  

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

begin delete

44127.  

(a) (1) 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.

(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.

(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.

(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:

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

(ii) Number of replacement vehicle vouchers used.

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

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

(b)

end delete

begin insert

begin insert 44127. end insert   

end insert

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

begin delete

(c)

end delete

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

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

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

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

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

begin insert

(5) Specific steps to ensure the vehicle replacement component
of the program established pursuant to Section 44125 is available
in areas designated as federal extreme nonattainment.

end insert begin insert

(6) A requirement that vehicles eligible for retirement are
driveable.

end insert begin insert

(7) Increased partnerships and outreach with local opinion
leaders, community nonprofits, churches, the PTA, automobile
dealerships, auto loan institutions, licensed auto dismantlers, and
employers.

end insert begin insert

(c) When updating the guidelines to supplement Section 44125,
the state board shall study and consider all the following elements:

end insert begin delete

(5)

end delete

begin insert (1) end insert  Methods of financial assistance other than begin delete vouchers are
studied and considered. end delete begin insert vouchers. end insert

begin delete

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

(7) A requirement that vehicles eligible for retirement are
driveable.

(8)

end delete

begin insert (2) end insert  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.

begin delete

(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.

end delete begin delete

(10) Increased consideration of an

end delete

begin insert (3) end insert begin insert   end insert begin insert An end insert incentive structure with varied incentive amounts to
maximize program participation and cost-effective emissions
reductions.