Amended in Senate August 3, 2016

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 BillNo. 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 ensurebegin delete vehicle replacement be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired, as specified.end deletebegin insert that all motor vehicle owners have the option of receiving compensation for both retiring and replacing their vehicles.end insert

This bill would require the state board, by July 1, 2018, 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, morebegin delete fuel efficientend deletebegin insert fuel-efficientend insert vehicles.

This bill would require the state board, by July 1, 2018, 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:

P2    1

SECTION 1.  

Section 44125.5 is added to the Health and Safety
2Code
, to read:

3

44125.5.  

(a) No later than July 1, 2018, the state board shall
4update the guidelines adopted pursuant to Section 44125 to ensure
5all of the following:

6(1) Each district implementing a program pursuant to Section
72627 of Title 13 of the California Code of Regulations with a
8backlog or a waiting list for applicantsbegin delete shall developend deletebegin insert developsend insert a
9plan with recommendations to the state board on how to eliminate
10the backlog or waiting list.

11(2) Specific steps arebegin delete taken, including, but not limited to, random
12income eligibility verification and contact with program
13participants at least once after their vehicles are replaced,end delete
begin insert takenend insert to
14ensure the program operating pursuant to Section 2627 of Title 13
15of the California Code of Regulations is not beingbegin delete misused.end delete
16
begin insert misused, including, but not limited to, random income eligibility
17verification and contact with program participants at least once
18after their vehicles are replaced.end insert

19(3) For programs operating pursuant to Section 2627 of Title
2013 of the California Code of Regulations,begin insert end insertbegin insertinclusion ofend insert mandatory
21partnerships with, and a mandatory minimum amount of overall
22funding allocated to outreach for, community-based organizations
P3    1to ensure program accessibility for thebegin delete lowest incomeend delete
2begin insert lowest-incomeend insert disadvantaged communities in thebegin delete state, withend deletebegin insert state.
3A district shall submitend insert
an outreach and partnership reportbegin delete to be
4submittedend delete
to the state boardbegin delete by the districtend delete every six months after
5July 1, 2018.

6(4) Enhancement ofbegin insert theend insert prescreening of applicants to the
7programs operating pursuant to Section 2627 of Title 13 of the
8California Code of Regulations, if determined by the state board
9to be appropriate.

10(5) For the portion of the program operating pursuant to Section
112622 of Title 13 of the California Code of Regulations focused on
12disadvantaged communities, as identified pursuant to Section
1339711, and for programs operating pursuant to Section 2627 of
14Title 13 of the California Code of Regulations, priority is given to
15the retirement of vehicles that are 15 years or older and with more
16than 75,000 miles.

begin insert

17
(b) A plan or report required to be submitted by a district to the
18state board pursuant to this section may be combined with another
19report that the district is required to submit on a minimum of an
20annual basis to the state board pursuant to a different law.

end insert
begin delete

21(b)

end delete

22begin insert(c)end insert This section shall become inoperative on July 1, 2022, and,
23as of January 1, 2023, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2023, deletes or
25extends the dates on which it becomes inoperative and is repealed.

26

SEC. 2.  

Section 44274.1 is added to the Health and Safety
27Code
, to read:

28

44274.1.  

(a) It is the intent of the Legislature that the efforts
29of the Plus-Up Pilot Project developed by the state board pursuant
30to Section 44274 are focused on disadvantaged communities, as
31identified pursuant to Section 39711, and that the number of
32vehicles replaced is increased annually.

33(b) begin deleteNot end deletebegin insertNo end insertlater than July 1, 2018, the state board shall develop
34guidelines for the Plus-Up Pilot Project to ensure all of the
35following:

36(1) Each district implementing a program funded by the Plus-Up
37Pilot Project with a backlog or a waiting list for applicantsbegin delete shall
38developend delete
begin insert developsend insert a plan with recommendations to the state board
39on how to eliminate the backlog or waiting list.

P4    1(2) Specific steps are begin delete taken, including, but not limited to, random
2income eligibility verification and contact with program
3participants at least once after their vehicles are replaced,end delete
begin insert takenend insert to
4ensure that the program is not beingbegin delete misused.end deletebegin insert misused, including,
5but not limited to, random income eligibility verification and
6contact with program participants at least once after their vehicles
7are replaced.end insert

8(3) begin deleteMandatory end deletebegin insertInclusion of mandatory end insertpartnerships with, and
9a mandatory minimum amount of overall funding allocated to
10outreach for, community-based organizations to ensure program
11accessibility for thebegin delete lowest incomeend deletebegin insert lowest-incomeend insert disadvantaged
12communities within thebegin delete district, withend deletebegin insert district. A district shall submitend insert
13 an outreach and partnership reportbegin delete to be submittedend delete to the state
14boardbegin delete by the districtend delete every six months after July 1, 2018.

15(4) Enhancement ofbegin insert theend insert prescreening of applicants to the
16program, if determined by the state board to be appropriate.

17(5) Priority is given to the replacement of vehicles that are 15
18years or older and with more than 75,000begin delete miles usage.end deletebegin insert miles.end insert

begin insert

19
(c) A plan or report required to be submitted by a district to the
20state board pursuant to this section may be combined with another
21report that the district is required to submit on a minimum of an
22annual basis to the state board pursuant to a different law.

end insert
begin delete

23(c)

end delete

24begin insert(d)end insert This section shall become inoperative on July 1, 2022, and,
25as of January 1, 2023, is repealed, unless a later enacted statute,
26that becomes operative on or before January 1, 2023, deletes or
27extends the dates on which it becomes inoperative and is repealed.



O

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