BILL NUMBER: AB 1691 AMENDED
BILL TEXT
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
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.
that all motor vehicle owners have the option of
receiving compensation for both retiring and replacing their
vehicles.
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, more fuel
efficient fuel-efficient 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:
SECTION 1. Section 44125.5 is added to the Health and Safety Code,
to read:
44125.5. (a) No later than July 1, 2018, 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
develops 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,
taken to ensure the program operating pursuant
to Section 2627 of Title 13 of the California Code of Regulations is
not being misused. misused, including, but
not limited to, random income eligibility verification and contact
with program participants at least once after their vehicles are
replaced.
(3) For programs operating pursuant to Section 2627 of Title 13 of
the California Code of Regulations, inclusion of
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 lowest-income disadvantaged communities
in the state, with state. A district shall
submit an outreach and partnership report to be
submitted to the state board by the district
every six months after July 1, 2018.
(4) Enhancement of the 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) A plan or report required to be submitted by a district to the
state board pursuant to this section may be combined with another
report that the district is required to submit on a minimum of an
annual basis to the state board pursuant to a different law.
(b)
(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.
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, and that the number of vehicles
replaced is increased annually.
(b) Not No later than July 1, 2018,
the state board shall develop guidelines for the Plus-Up Pilot
Project to ensure 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 develops 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,
taken to ensure that the program is not being
misused. misused, including, but not limited
to, random income eligibility verification and contact with program
participants at least once after their vehicles are replaced.
(3) Mandatory Inclusion of 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
lowest-income disadvantaged communities within the
district, with district. A district shall submit
an outreach and partnership report to be submitted
to the state board by the district every
six months after July 1, 2018.
(4) Enhancement of the 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.
miles.
(c) A plan or report required to be submitted by a district to the
state board pursuant to this section may be combined with another
report that the district is required to submit on a minimum of an
annual basis to the state board pursuant to a different law.
(c)
(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.