BILL NUMBER: AB 1691	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Gipson and Cristina Garcia

                        JANUARY 21, 2016

   An act to add and repeal Section 44125.5 of the Health and Safety
Code, relating to vehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1691, as introduced, Gipson. Vehicular air pollution: vehicle
retirement.
   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 program's
guidelines to be updated no later than June 30, 2015. Existing law
requires the updated guidelines to ensure vehicle replacement be an
option for all motor vehicle owners and may be in addition to
compensation for vehicles retired, as specified.
   This bill would require the state board, in consultation with the
bureau, to adopt, as a part of the program, an element of the program
to commence on July 1, 2017, subject to appropriation by the
Legislature, with a goal of annually replacing 10,000 vehicles from
disadvantaged communities over a 5-year period.
   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 44125.5 is added to the Health and Safety Code,
to read:
   44125.5.  (a) As a part of the program adopted pursuant to Section
44125, the state board, in consultation with the bureau, shall adopt
an element of the program to commence on July 1, 2017, subject to
appropriation by the Legislature, that allows for the voluntary
retirement of passenger vehicles and light-duty and medium-duty
trucks that are high polluters, focusing the program's efforts in
disadvantaged communities identified pursuant to Section 39711.
   (b) The goal of the element adopted pursuant to subdivision (a) is
to annually replace 10,000 vehicles from those disadvantaged
communities with the lowest income levels.
   (c) No later than June 30, 2017, the state board shall update the
guidelines adopted pursuant to Section 44125 to implement this
section. In updating the guidelines for the purposes of this section,
the state board shall study and consider all of the following:
   (1) Mandatory partnerships and a mandated minimum amount of
overall funding allocated to outreach with community-based
organizations to ensure program accessibility for the lowest income
disadvantaged communities in the state, with an outreach and
partnership report to be submitted to the state board every six
months after July 1, 2017.
   (2) A "Primary Usage and Dependency" document attesting to all of
the following:
   (A) The person receiving financial assistance from the program is
dependent on the vehicle being retired.
   (B) The person cannot replace the vehicle without financial
assistance from the program.
   (C) The loss of the vehicle would cause irreparable economic harm
to the person.
   (d) This section shall become inoperative on July 1, 2022, and, as
of January 1, 2023, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2023, deletes or
extends the dates on which it becomes inoperative and is repealed.