Amended in Assembly April 20, 2016

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 Section 44125.5 to end delete begin insert and repeal Sections 44125.5 and 44274.1 of 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 board, by June 30, 2017, to update the guidelines, begin delete as specified. end delete begin insert as specified, that would be operative until July 1, 2022. end insert

begin insert

Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Plus Up Project, as a part of the Air Quality Improvement Program, to provide financial assistance to low-income individuals to replace older polluting vehicles with cleaner more fuel efficient vehicles.

end insert begin insert

This bill would require the state board, by June 30, 2017, to adopt guidelines that would be operative until July 1, 2022, for the purposes of the pilot project.

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 delete

SECTION 1.  

It is the intent of the Legislature that the efforts
of the Plus-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 delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

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

44125.5.  

begin insert (a) end insert begin insert   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:

begin delete

(a)

end delete

begin insert (1) end insert  Each district implementing a begin delete vehicle retirement program
funded by the state board’s Plus-Up Pilot Project end delete begin insert program pursuant
to Section 2627 of Title 13 of the California Code of Regulations end insert
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.

begin delete

(b)

end delete

begin insert (2) end insert  Specific steps are begin delete taken end delete begin insert taken, including, but not limited to,
random income eligibility verification and contact with program
participants at least once after their vehicles are replaced, end insert to
ensure the program begin insert operating pursuant to Section 2627 of Title 13
of the California Code of Regulations end insert is not being misused. begin delete 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. end delete

begin delete

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

end delete begin insert

(3) For programs operating pursuant to Section 2627 of Title
13 of the California Code of Regulations, mandatory partnerships
with, and a mandatory minimum amount of overall funding
allocated to outreach for, 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 by the district every six months
after July 1, 2017.

end insert begin insert

(4) Enhancement of prescreening of applicants to the programs
operating pursuant to Section 2627 of Title 13 of the California
Code of Regulations, if determined by the state board to be
appropriate.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert 5) end insert  For the portion of the program begin insert operating pursuant to Section
2622 of Title 13 of the California Code of Regulations end insert focused on
disadvantaged communities, as identified pursuant to Section
39711, and for begin delete a district’s program funded by the Plus-Up Pilot
Project, end delete begin insert programs operating pursuant to Section 2627 of Title 13
of the California Code of Regulations, end insert priority is given to the
retirement of vehicles that are 15 years or older and begin delete vehicles end delete with
more than 75,000 miles.

begin insert

(b) 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 insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44274.1 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 44274.1. end insert   

(a) It is the intent of the Legislature that the efforts
of the Plus-Up Pilot Project developed by the state board pursuant
to Section 44274 are focused on disadvantaged communities, as
identified pursuant to Section 39711 of the Health and Safety Code,
and that the number of vehicles replaced is increased annually.

(b) Not later than June 30, 2017, the state board shall develop
guidelines for the Plus Up Pilot Project that include all of the
following:

(1) Each district implementing a program funded by the 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.

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

(3) Mandatory partnerships with, and a mandatory minimum
amount of overall funding allocated to outreach for,
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 by the district every six months after July 1, 2017.

(4) Enhancement of prescreening of applicants to the program,
if determined by the state board to be appropriate.

(5) Priority is given to the replacement of vehicles that are 15
years or older and with more than 75,000 miles usage.

(c) 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 insert