Amended in Senate August 2, 2016

Amended in Assembly May 12, 2016

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 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 begin delete June 30, 2017, end delete begin insert July 1, 2018, end insert to update the guidelines, 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 Pilot 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 begin delete June 30, 2017, end delete begin insert July 1, 2018, end insert to develop 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.  

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

44125.5.  

(a) No later than begin delete June 30, 2017, end delete begin insert July 1, 2018, end insert the
state board shall update the guidelines adopted pursuant to Section
44125 to ensure all of the following:

(1) Each district implementing a 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.

(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
the program operating pursuant to Section 2627 of Title 13 of the
California Code of Regulations is not being misused.

(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 begin delete July 1, 2017. end delete begin insert July 1, 2018. end 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.

(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 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 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 begin delete 39711 of the Health and Safety Code, end delete
begin insert 39711, end insert and that the number of vehicles replaced is increased
annually.

(b) Not later than begin delete June 30, 2017, end delete begin insert July 1, 2018, end insert the state board
shall develop guidelines for the Plus-Up Pilot Project begin delete that include end delete
begin insert to ensure end insert all of the following:

(1) Each district implementing a program funded by the begin delete Plus
Up end delete begin insert Plus-Up end insert 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 within the
district, with an outreach and partnership report to be submitted
to the state board by the district every six months after July 1,

begin delete 2017. end delete begin insert 2018. end insert

(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.