California Legislature—2015–16 Regular Session

Assembly BillNo. 1965


Introduced by Assembly Member Cooper

(Coauthors: Assembly Members Alejo, Cooley, Dodd, and McCarty)

February 12, 2016


An act to add Section 44127 to the Health and Safety Code, relating to vehicular air pollution.

LEGISLATIVE COUNSEL’S DIGEST

AB 1965, as introduced, Cooper. Vehicle retirement and replacement.

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.

This bill, beginning in the 2016-17 fiscal year, and every year thereafter, would require the state board, in consultation with the bureau, to set specific goals for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters and to ensure those goals are met by updating the program’s guidelines no later than July 1, 2017, as specified. The bill would authorize the state board to allocate moneys, upon appropriation, from specified funds to expand the vehicle replacement component of the program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

P2    1(a) The State Air Resources Board estimates that the state is
2home to five times more cars over 20 years old than the national
3average.

4(b) At present, at least 2,000,000 cars in the state, about nine
5percent of the state’s 23,000,000 light- and medium-duty vehicles,
6are over 20 years old.

7(c) In 2011, the nine percent of the fleet that was model year
81992 or older produced a full 40 percent of the smog-forming
9emissions from passenger vehicles.

10(d) Furthermore, according to state and local agency estimates,
11a mere 10 percent to 15 percent of the state’s motor vehicles, the
12subset known as gross polluters, are responsible for more than half
13of the light-duty vehicle smog in the state.

14(e) An upgrade in fuel efficiency from 15 miles per gallon to
1530 miles per gallon would save a typical household over $1,200
16per year in gasoline expenditures.

17(f) The enhanced fleet modernization program (Article 11
18(commencing with Section 44125) of Chapter 5 of Part 5 of
19Division 26 of the Health and Safety Code) provides a significant
20opportunity to improve air quality, reduce fuel costs for the state’s
21low-income residents, and contribute to the state’s greenhouse gas
22emissions reduction goals.

23(g) It is the intent of the Legislature that the enhanced fleet
24modernization program (Article 11 (commencing with Section
2544125) of Chapter 5 of Part 5 of Division 26 of the Health and
26Safety Code) be expanded to assist in meeting the state’s
27environmental goals and maximize benefits for disadvantaged
28communities, as identified pursuant to Section 39711 of the Health
29and Safety Code.

30

SEC. 2.  

Section 44127 is added to the Health and Safety Code,
31to read:

32

44127.  

(a) For purposes of this section, the following terms
33have the following meanings:

34(1) “Disadvantaged community” means a community identified
35pursuant to Section 39711.

36(2) “Program” means the program established pursuant to
37Section 44125.

38(b) Beginning in the 2016-17 fiscal year, and every fiscal year
39thereafter, the state board, in consultation with the bureau, shall
40set specific goals for the retirement and replacement of passenger
P3    1vehicles and light-duty and medium-duty trucks that are high
2polluters.

3(c) The state board, in consultation with the bureau, shall meet
4the goals set pursuant to subdivision (b) by updating the guidelines
5of the program no later than July 1, 2017. The updated guidelines
6shall ensure all of the following:

7(1) Specific steps are taken to ensure the vehicle replacement
8component of the program is available in areas at risk of being
9designated as federal extreme nonattainment.

10(2) Specific steps are taken to ensure the vehicle replacement
11component of the program is available in all districts containing
12disadvantaged communities.

13(3) Funding for targeted outreach in low-income and
14disadvantaged communities for the program is increased from the
15amounts allocated in the 2015-16 fiscal year.

16(4) There is improved coordination, integration, and partnerships
17with other programs that target disadvantaged communities and
18receive moneys from the Greenhouse Gas Reduction Fund, created
19pursuant to Section 16428.8 of the Government Code.

20(d) Upon appropriation by the Legislature, the state board may
21allocate moneys for the expansion of the vehicle replacement
22component of the program from any of the following:

23(1) The Enhanced Fleet Modernization Subaccount, created
24pursuant to Section 44126.

25(2) The High Polluter Repair or Removal Account, created
26pursuant to Section 44091.

27(3) The Vehicle Inspection and Repair Fund, created pursuant
28to Section 9886 of the Business and Professions Code.



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