AB 2242, as introduced, Perea. San Joaquin Valley Clean Air Attainment Program.
Existing law establishes the San Joaquin Valley Clean Air Attainment Program for the purpose of the San Joaquin Valley achieving state and federal ambient air quality standards by the earliest practicable date. The program authorizes, in order to provide funding for air pollution control programs, the air pollution control district for that area to increase specified motor vehicle fees and adopt rules and regulations to reduce vehicle trips in order to reduce air pollution from vehicular sources.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 40612 of the Health and Safety Code is
2amended to read:
(a) begin deleteIn order to end deletebegin insertTo end insertprovide funding for air pollution
2control programs needed to achieve and maintain state and federal
3air quality, the district may do both of the following:
4(1) Notwithstanding the limits on the amount of the motor
5vehicle fee specified in Sections 44223 and 44225, increase the
6fee established pursuant to these sections to up to, but not
7exceeding, thirty dollars ($30) per motor vehicle per year for the
8purposes of establishing and implementing incentive-based
9programs to achieve surplus emissions reductions that the
district
10determines are needed to remediate air pollution harms created by
11motor vehicles on which the fee is imposed and that are intended
12to achieve and maintain state and federal ambient air quality
13standards required by the federal Clean Air Act (42 U.S.C. Sec.
147401 et seq.). Except for the amount of the fee, any increase shall
15be subject to Chapter 7 (commencing with Section 44220) of Part
165, including, but not limited to, the adoption of a resolution
17providing for both the fee increase and a corresponding program
18for expenditure of the moneys raised by the increased fees for the
19reduction of mobile source emissions.
20(2) Notwithstanding Section 40717.9, adopt rules and regulations
21to reduce vehicle trips in order to reduce air pollution from
22vehicular sources.
23(b) Fees adopted pursuant to this section are in addition to any
24other fees imposed by the district, and may be
charged in any of
25fiscal years 2009-10 to 2023-24, inclusive. Fees may be assessed
26after the 2012-13 fiscal year only if the United States
27Environmental Protection Agency approves the district’s proposed
28reclassification of its nonattainment status for ozone from severe
29to extreme. The fees adopted pursuant to this section are for the
30district portion of the total amount needed to achieve and maintain
31state and federal ambient air quality standards. At least ten million
32dollars ($10,000,000) shall be used to mitigate the impacts of air
33pollution on public health and the environment in
34disproportionately impacted environmental justice communities
35in the San Joaquin Valley. The district board shall convene an
36environmental justice advisory committee, selected from a list
37given to the board by environmental justice groups from the San
38Joaquin Valley, to recommend the neighborhoods in the district
39that constitute environmental justice communities, and how to
40expend funds within these communities.
P3 1(c) (1) The fees adopted pursuant to this section shall become
2effective after the state board makes both of the following findings:
3(A) The district has undertaken all feasible measures to reduce
4nonattainment air pollutants from sources within the district’s
5jurisdiction and regulatory control.
6(B) The district has notified the state board that fees have been
7adopted pursuant to this section and provided the state board with
8an estimate of the total funds that will be provided annually by
9each of those fees.
10(2) The state board shall file a written copy of its findings made
11pursuant to this subdivision with the Secretary of State within two
12days of its determination.
13(3) The fees adopted pursuant to this section shall be collected
14nine months after the requirements of paragraph (2) are met.
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