BILL NUMBER: AB 1691 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Members Gipson and Cristina Garcia
JANUARY 21, 2016
An act to add Section 44125.5 to and
repeal Sections 44125.5 and 44274.1 of 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, as specified. as
specified, that would be operative until July 1, 2022.
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.
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.
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. 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.
SEC. 2. SECTION 1. Section 44125.5
is added to the Health and Safety Code, to read:
44125.5. (a) 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)
(1) Each district implementing a vehicle
retirement program funded by the state board's Plus-Up Pilot Project
program pursuant to Section 2627 of Title 13 of the
California Code of Regulations 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)
(2) Specific steps are taken
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 the
program operating pursuant to Section 2627 of Title 13 of the
California Code of Regulations 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.
(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.
(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.
(d)
( 5) For the portion of the program
operating pursuant to Section 2622 of Title 13 of the California Code
of Regulations focused on disadvantaged communities, as
identified pursuant to Section 39711, and for a district's
program funded by the Plus-Up Pilot Project, programs
operating pursuant to Section 2627 of Title 13 of the California Code
of Regulations, priority is given to the retirement of
vehicles that are 15 years or older and vehicles
with more than 75,000 miles.
(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.
SEC. 2. Section 44274.1 is added to the
Health and Safety Code , to read:
44274.1. (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.