BILL NUMBER: AB 823	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2009

INTRODUCED BY   Assembly Member Hill
   (  Coauthor:   Assembly Member 
 Nestande   Coauthors:   Assembly
Members   Jeffries   and Nestande  )

                        FEBRUARY 26, 2009

   An act to amend  Section 44062.3   Sections
44062.1 and 44062.3  of the Health and Safety Code, relating to
air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 823, as amended, Hill. Smog check:  vehicle retirement.
  v   ehicle repair assistance and retirement
program.  
   (1) Existing law provides for a repair assistance program
available to an individual whose maximum income level is 185% of the
federal poverty level, or 225% of the federal poverty level if a
certain determination is made, and who is the owner of a motor
vehicle that has failed a smog check inspection or received a notice
to correct, or an individual who has failed a smog check inspection
and is directed to a test-only facility.  
   This bill would make the repair assistance program available only
to low-income individuals whose income does not exceed 225% of the
federal poverty level, as specified. The bill would make other
conforming changes, and delete obsolete provisions of law. 

   Existing 
    (2)     Existing  law establishes a
motor vehicle inspection and maintenance (smog check) program,
developed, implemented, and administered by the Department of
Consumer Affairs. The duty of enforcing and administering the program
is vested in the Chief of the Bureau of Automotive Repair within the
department. The owner of a motor vehicle that has failed its most
recent smog check inspection has the right to retire the vehicle from
operation at a dismantler under contract with the Bureau of
Automotive Repair, and the department is required to pay this person
up to $1,500, or more if cost effective.
   This bill would increase this amount to $2,000.  The bill
would authorize the department to offer transit vouchers to the owner
  of a motor vehicle who retires the vehicle from operation
in accordance with 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.    Section 44062.1 of the  
Health and Safety Code   is a   mended to read:

   44062.1.  (a) The department shall offer a repair assistance
program through entities authorized to perform referee functions.

   (b) (1) The repair assistance program shall be available to the
following eligible individuals:  
   (A) An individual 
    (b)     (1)    The repair
assistance program shall be available to an individual  who
 has a maximum income level of 200 percent of the federal
poverty level, as published quarterly in the Federal Register by the
Department of Health and Human Services   is a
low-income motor vehicle owner , and who is either or both of
the following: 
   (i) 
    (A)  The owner of a motor vehicle that has failed a smog
check inspection. 
   (ii) 
    (B)  The owner of a motor vehicle who was issued a
notice to correct for an alleged violation of Section 27153 or
27153.5 of the Vehicle Code involving that vehicle, if the vehicle
subject to that notice has failed a smog check inspection subsequent
to receiving the notice. 
   On and after January 1, 2009, the maximum income level prescribed
for this subparagraph shall be set at 185 percent of the federal
poverty level, as published quarterly in the Federal Register by the
United States Department of Health and Human Services. 

   (B) An individual who is the owner of a motor vehicle that has
failed a smog check inspection and is directed to a test-only
facility pursuant to Section 44010.5 or 44014.7. If the department
determines that applications for repair assistance exceed the amount
of funds available, to the maximum extent possible, applications from
low-income motor vehicle owners shall be given priority over other
applications. 
   (2) The department shall offer repair cost assistance  ,
funded by the High Polluter Repair or Removal Account in the Vehicle
Inspection and Repair Fund created pursuant to subdivision (a) of
Section 44091,  to individuals based on the
cost-effectiveness and air quality benefit of the needed repair.
Repair assistance may include retesting costs and the costs of
repairs to remedy the violation of Section 27153 or 27153.5 of the
Vehicle Code.
   (3) An applicant for repair assistance shall file an application
on a form prescribed by the department  ,  and shall certify
under penalty of perjury that the applicant meets the applicable
eligibility standards.
   (4) Verification of income eligibility shall be based on at least
one form of documentation, as determined by the department,
including, but not limited to, (A) an income tax return, (B) an
employment warrant, or (C) a form of public assistance verification.
   (c) The repair assistance program shall be funded by the High
Polluter Repair or Removal Account.
   (d) Repairs to motor vehicles that fail smog check inspections and
are subsidized by the state through the program shall be performed
at a repair station licensed and certified pursuant to Sections 44014
and 44014.2.  Repair   Repairs  shall be
based upon a preapproved list of repairs for cost-effective emission
reductions or repairs to remedy a violation of Section 27153 or
27153.5 of the Vehicle Code.
   (e) The qualified low-income motor vehicle owner receiving repair
assistance pursuant to this section shall contribute a copayment, as
determined by the department  as specified in Section 44017.1
 , either in cash, or in emissions-related partial repairs
as verified by a test-only station pursuant to paragraph (2) of
subdivision (c) of Section 44015, or a combination thereof. 
For an owner of a motor vehicle described in subparagraph (B) of
paragraph (1) of subdivision (b), the department shall impose a
copayment at least equivalent to the amount imposed on a low-income
individual receiving assistance under this section.  If the
repair cost exceeds the applicable repair cost limit, the department
shall inform a motor vehicle owner of all options for compliance at
the time of testing and repair.
   (f) The department may increase its contribution toward the repair
of a motor vehicle under this program in excess of the amount
authorized for the repair of a  high-polluter  
high polluter  pursuant to paragraph (1) of subdivision (b) of
Section 44094, if the department determines that the expenditure is
 cost-effective   cost effective  . In
determining the cost effectiveness of the expenditure, the department
shall consider a failure of the visible smoke test, pursuant to
Section 44012.1, and the costs associated with repairing a smoking
vehicle. 
   (g) Notwithstanding subparagraph (A) of paragraph (1) of
subdivision (b), the department may increase the maximum income level
of a low-income motor vehicle owner under this program from the
amount specified in this section, not to exceed 225 percent of the
federal poverty level, if the department determines that the increase
is capable of being supported within existing budget allocations.
 
   (h) 
    (g)  The department shall collect data from the program
to provide information  on how   to develop
recommendations  to improve the program. Data collection shall
include all of the following:
   (1) The number of motor vehicle owners that are eligible for
repair assistance.
   (2) The number of eligible motor vehicle owners that use repair
assistance funds.
   (3) The potential for fraud.
   (4) The average repair bills.
   (5) The types of repairs being done.
   (6) The amount of partial repairs done prior to receipt of repair
assistance.
   (7) The emissions benefits of providing repair assistance.

   (i) 
    (h)  For purposes of this section, "low-income motor
vehicle owner" means a person whose income does not exceed 
200   225  percent of the federal poverty level
 , as published quarterly in the Federal Register by the United
States Department of Health and Human Services  .
   SECTION 1.   SEC. 2.   Section 44062.3
of the Health and Safety Code is amended to read:
   44062.3.   (a)    The owner of a motor vehicle
that has failed its most recent smog check inspection may retire the
vehicle from operation at a dismantler under contract with the Bureau
of Automotive Repair. The department shall pay a person who retires
his or her vehicle under this section up to two thousand dollars
($2,000). The department may pay an owner of a motor vehicle who
elects to retire the vehicle more than two thousand dollars ($2,000),
if the department determines that this payment is cost effective.

   (b) The department may offer transit vouchers to the owner of a
motor vehicle who retires a vehicle from operation in accordance with
this section.