SB 459, as amended, Pavley. Vehicle retirement: low-income motor vehicle owners.
(1) Existing law establishes a motor vehicle inspection and maintenance program, referred to as a 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.
This bill would require instead a motor vehicle to have been registered without substantial lapse, as determined by the department, in the state for at least 2 years prior to vehicle retirement and to have failed any type of smog check inspection lawfully performed in the state to qualify to receive a specified vehicle retirement payment. The bill would authorize, rather than require, the department to permit vehicle retirement for any motor vehicle that has been registered without substantial lapse in the state for at least 2 years prior to vehicle retirement and that fails any type of smog check inspection lawfully performed in the state.
(2) 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. Existing law requires the department to pay a person who retires his or her vehicle $1,500 for a low-income motor vehicle owner, as defined, and $1,000 for all other motor vehicle owners, and authorizes additional payments above these amounts based on consideration of specified criteria.
This bill would require the state board, in consultation with the bureau and no later than June 30, 2015, to update the guidelines for the enhanced fleet modernization program to include specified elements and to study and consider specified
elements. The bill would make various findings and declarations. The bill, in addition, would establish compensation for replacement vehicles for low-income vehicle owners at not less thanbegin delete $2,500end deletebegin insert $2,500, would make replacement an option for all motor vehicle owners,end insert and would make this compensation available to an owner in addition to the compensation for a retired vehicle.begin insert The bill would prohibit this compensation for all other motor vehicle owners from exceeding the compensation for low-income motor vehicle ownersend insertbegin insert.end insert The bill would authorize instead an increase in the compensation under these programs for
either retired or replacement vehicles for only low-income motor vehicle owners as necessary to balance maximizing air quality benefits of the program while ensuring participation by low-income motor vehicle owners, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that the State
2Air Resources Board should take all the steps necessary to improve
3the enhanced fleet modernization program (Article 11 (commencing
4with Section 44125) of Chapter 5 of Part 5 of Division 26 of the
5Health and Safety Code) to increase the benefits of the program
6for low-income California residents, as defined in Section 44062.1
P3 1of the Health and Safety Code, promote cleaner replacement
2vehicles, and enhance emissions reductions gained by the program.
Section 44062.3 of the Health and Safety Code is
4amended to read:
(a) The owner of a motor vehicle that has been
6registered without substantial lapse, as defined by the department,
7in the state for at least two years prior to vehicle retirement, and
8that has failed the most recent smog check inspection for that
9vehicle, may retire the vehicle from operation at a dismantler under
10contract with the bureau, at any time after learning of the smog
11check failure. The department shall pay a person who retires his
12or her vehicle under this section one thousand five hundred dollars
13($1,500) for a low-income motor vehicle owner, as defined in
14Section 44062.1, and one thousand dollars ($1,000) for all other
15motor vehicle owners. The department may pay a motor vehicle
16owner more than these amounts based on
factors, including, but
17not limited to, the age of the vehicle, the emission benefit of the
18vehicle’s retirement, the emission impact of any replacement
19vehicle, and the location of the vehicle in an area of the state with
20the poorest air quality.
21(b) The department may permit vehicle retirement pursuant to
22subdivision (a) for any motor vehicle that has been
registered
23without substantial lapse, as defined by the department, in the state
24for at least two years prior to vehicle retirement, and that fails any
25type of smog check inspection lawfully performed in the state.
Section 44125 of the Health and Safety Code is
27amended to read:
(a) No later than July 1, 2009, the state board, in
29consultation with the bureau, shall adopt a program to commence
30on January 1, 2010, that allows for the voluntary retirement of
31passenger vehicles and light-duty and medium-duty trucks that are
32high polluters. The program shall be administered by the bureau
33pursuant to guidelines adopted by the state board.
34(b) No later than June 30, 2015, the state board, in consultation
35with the bureau, shall update the program established pursuant to
36subdivision (a). The program shall continue to be administered by
37the bureau pursuant to guidelines updated and adopted by the state
38board.
39(c) The guidelines shall ensure all of the following:
P4 1(1) Vehicles retired pursuant to the program are permanently
2removed from operation and retired at a dismantler under contract
3with the bureau.
4(2) Districts retain their authority to administer vehicle
5retirement programs otherwise authorized under law.
6(3) The program is available for high polluting passenger
7vehicles and light-duty and medium-duty trucks that have been
8continuously registered in California for two years prior to
9acceptance into the program or otherwise proven to have been
10driven primarily in California for the last two years and have not
11been registered in another state or country in the last two years.
12
The guidelines may require a vehicle to take, complete, or pass a
13smog check inspection.
14(4) The program is focused where the greatest air quality impact
15can be identified.
16(5) (A) Compensation for retired vehicles shall be at least one
17thousand five hundred dollars ($1,500) for a low-income motor
18vehicle owner, as defined in Section 44062.1, and no more than
19one thousand dollars ($1,000) for all other motor vehicle owners.
20(B) Compensation for replacement vehicles for low-income
21motor vehicle owners, as defined in Section 44062.1, shall be no
22less than two thousand five hundred dollars ($2,500), and may be
23in addition to compensation for vehicles retired pursuant to
24subparagraph (A).
25(B) Replacement may be an option for all motor vehicle owners
26and may be in addition to compensation for vehicles retired
27pursuant to subparagraph (A). For low-income motor vehicle
28owners, as defined in Section 44062.1, compensation shall be no
29less than two thousand five hundred dollars ($2,500).
30Compensation for all other motor vehicle owners may not exceed
31compensation for low-income motor vehicles owners.
32(C) Compensation for either retired or replacement vehicles for
33low-income motor vehicle owners may be increased as necessary
34to maximize the air quality benefits of the program while also
35ensuring participation by low-income motor vehiclebegin delete ownersend delete
36begin insert
owners, end insert as defined in Section 44062.1. Increases in compensation
37amounts may be based on factors, including, but not limited to,
38the age of the retired or replaced vehicle, the emissions benefits
39of the retired or replaced vehicle, the emissions impact of any
40replacement vehicle, participation by low-income motor vehicle
P5 1owners, as defined in Section 44062.1, and the location of the
2vehicle in an area of the state with the poorest air quality.
3(6) Cost-effectiveness and impacts on disadvantaged and
4low-income populations are considered. Program eligibility may
5be limited on the basis of income to ensure the program adequately
6serves persons of low or moderate income.
7(7) Provisions that coordinate the vehicle retirement and
8replacement
components of the program with the vehicle retirement
9component of the bureau’s Consumer Assistance Program,
10established pursuant to other provisions of this chapter, to ensure
11vehicle owners participate in the appropriate program to maximize
12emissions reductions.
13(8) Streamlined administration to simplify participation while
14protecting the accountability of moneys spent.
15(9) Specific steps to ensure the vehicle replacement component
16of the program is available in areas designated as federal extreme
17nonattainment.
18(10) A requirement that vehicles eligible for retirement have
19sufficient remaining life. Demonstration of sufficient remaining
20life may include proof of current registration, passing a recent
21smog check
inspection, or passing another test similar to a smog
22check inspection.
23(d) When updating the guidelines to the program established
24pursuant to subdivision (a), the state board shall study and consider
25all the following elements:
26(1) Methods of financial assistance other than vouchers.
27(2) An option for automobile dealerships or other used car sellers
28to accept cars for retirement, provided the cars are dismantled
29consistent with the requirements of the program.
30(3) An incentive structure with varied incentive amounts to
31maximize program participation and cost-effective emissions
32reductions.
33(4) Increased emphasis on the replacement of high polluters
34with cleaner vehicles or the increased use of public transit that
35results in the increased utilization of the vehicle replacement
36component of the program.
37(5) Increased emphasis on the reduction of greenhouse gas
38emissions through increased vehicle efficiency or transit use as a
39result of the program.
P6 1(6) Increased partnerships and outreach with community-based
2organizations.
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