Amended in Assembly May 31, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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 begin delete 2016-17 end delete begin insert 2017-18 end insert fiscal year, and every year thereafter, would require the state board, in consultation with the bureau, to set specific, measurable 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, begin delete 2017, end delete begin insert 2018, end insert as specified. The bill would require the state board, no later than July 1, 2018, and every other year thereafter, to collect and post on the program’s Internet Web site specified information on the program. 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

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

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

(c) In 2011, the nine percent of the fleet that was model year
1992 or older produced a full 40 percent of the smog-forming
emissions from passenger vehicles.

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

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

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

(g) It is the intent of the Legislature that the enhanced fleet
modernization program (Article 11 (commencing with Section
44125) of Chapter 5 of Part 5 of Division 26 of the Health and
Safety Code) be expanded to assist in meeting the state’s
environmental goals and maximize benefits for disadvantaged
communities, as identified pursuant to Section 39711 of the Health
and Safety Code.

SEC. 2.  

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

44127.  

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

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

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

(b) Beginning in the begin delete 2016-17 end delete begin insert 2017-18 end insert fiscal year, and every
fiscal year thereafter, the state board, in consultation with the
bureau, shall set specific, measurable goals for the retirement and
replacement of passenger vehicles and light-duty and medium-duty
trucks that are high polluters.

(c) The state board, in consultation with the bureau, shall meet
the goals set pursuant to subdivision (b) by updating the guidelines
of the program no later than July 1, begin delete 2017. end delete begin insert 2018. end insert The updated
guidelines shall ensure all of the following:

begin delete

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

end delete begin delete

(2)

end delete

begin insert (1) end insert  Specific steps are taken to ensure the vehicle replacement
component of the program is available begin delete in end delete begin insert to end insert all districts begin delete containing
disadvantaged communities. end delete begin insert that have more than one million
residents. end insert

begin delete

(3)

end delete

begin insert (2) end insert  Funding for targeted outreach in low-income begin delete and end delete begin insert or end insert
disadvantaged communities for the program begin delete is increased from the
amounts allocated in the 2015-16 fiscal year. end delete begin insert is evaluated and, if
necessary, enhanced to obtain the goals set pursuant to subdivision
(b). end insert

begin delete

(4)

end delete

begin insert (3) end insert  There begin delete is end delete begin insert is, where applicable, end insert improved coordination,
integration, and partnerships with other programs that target
disadvantaged communities and receive moneys from the
Greenhouse Gas Reduction Fund, created pursuant to Section
16428.8 of the Government Code.

(d) No later than July 1, 2018, and every other year thereafter,
the state board shall collect and post on the program’s Internet
Web site all of the following:

(1) Program performance relative to the goals adopted pursuant
to subdivision (b).

(2) An accounting that includes, but need not be limited to,
funding allocated to the program, funding sources, and program
expenditures by region.

begin delete

(3) A comment on the overall success of the program, or lack
thereof, including, but not limited to, recommendations to improve
the overall performance of the program if the state board
determines the program needs improvement.

end delete begin insert

(3) An analysis broken down by district of the program’s
performance to identify areas to be emphasized when setting future
goals or updating the program guidelines.

end insert

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

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

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

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