Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1691

Introduced by Assembly Members Gipson and Cristina Garcia

January 21, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1691, as amended, 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 begin delete 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. end delete begin insert board, by June 30, 2017, to update the guidelines, as specified. 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature that the efforts
of the Plus end insert begin insert -Up Pilot Project developed by the State Air Resources
Board are focused on disadvantaged communities, as identified
pursuant to Section 39711 of the Health and Safety Code and that
the program increases the number of vehicles replaced annually. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44125.5 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 44125.5. end insert   

No later than June 30, 2017, the state board shall
update the guidelines adopted pursuant to Section 44125 to ensure
all of the following:

(a) Each district implementing a vehicle retirement program
funded by the state board’s Plus-Up Pilot Project with a backlog
or a waiting list for applicants shall develop a plan with
recommendations to the state board on how to eliminate the
backlog or waiting list.

(b) Specific steps are taken to ensure the program is not being
misused. The steps shall include, but are not limited to, random
income eligibility verification and contact with program
participants at least once after their vehicles are replaced.

(c) Evaluation of whether prescreening of applicants for the
program can be enhanced.

(d) For the portion of the program focused on disadvantaged
communities, as identified pursuant to Section 39711, and for a
district’s program funded by the Plus-Up Pilot Project, priority
is given to the retirement of vehicles that are 15 years or older
and vehicles with more than 75,000 miles.

end insert

begin delete

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.

end delete