BILL NUMBER: AB 823 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Hill
(Coauthors: Assembly Members Jeffries, Nestande, and Solorio)
FEBRUARY 26, 2009
An act to amend Sections 44062.1 and
Section 44062.3 of the Health and Safety Code, relating to air
pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 823, as amended, Hill. Smog check: vehicle repair
assistance and retirement program. retirement.
(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.
(2) Existing
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
and would authorize the department, in lieu of
this payment, 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 amended 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 an
individual who is a low-income motor vehicle owner, and who is either
or both of the following:
(A) The owner of a motor vehicle that has failed a smog check
inspection.
(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.
(2) The department shall offer repair cost assistance 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. 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, 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. 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 pursuant to paragraph
(1) of subdivision (b) of Section 44094, if the department determines
that the expenditure is 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) The department shall collect data from the program to provide
information 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.
(h) For purposes of this section, "low-income motor vehicle owner"
means a person whose income does not exceed 225 percent of the
federal poverty level, as published quarterly in the Federal Register
by the United States Department of Health and Human Services.
SEC. 2. SECTION 1. 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) In lieu of the payment made pursuant to subdivision (a), the
department may offer a transit voucher with a value equivalent to
that amount, as that amount may be increased pursuant to subdivision
(a), to a motor vehicle owner that who
meets all of the requirements of subdivision (a).