BILL NUMBER: AB 2242	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 21, 2014

   An act to amend Section 40612 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 40612 of the Health and Safety Code is amended
to read:
   40612.  (a)  In order to   To  provide
funding for air pollution control programs needed to achieve and
maintain state and federal air quality, the district may do both of
the following:
   (1) Notwithstanding the limits on the amount of the motor vehicle
fee specified in Sections 44223 and 44225, increase the fee
established pursuant to these sections to up to, but not exceeding,
thirty dollars ($30) per motor vehicle per year for the purposes of
establishing and implementing incentive-based programs to achieve
surplus emissions reductions that the district determines are needed
to remediate air pollution harms created by motor vehicles on which
the fee is imposed and that are intended to achieve and maintain
state and federal ambient air quality standards required by the
federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). Except for the
amount of the fee, any increase shall be subject to Chapter 7
(commencing with Section 44220) of Part 5, including, but not limited
to, the adoption of a resolution providing for both the fee increase
and a corresponding program for expenditure of the moneys raised by
the increased fees for the reduction of mobile source emissions.
   (2) Notwithstanding Section 40717.9, adopt rules and regulations
to reduce vehicle trips in order to reduce air pollution from
vehicular sources.
   (b) Fees adopted pursuant to this section are in addition to any
other fees imposed by the district, and may be charged in any of
fiscal years 2009-10 to 2023-24, inclusive. Fees may be assessed
after the 2012-13 fiscal year only if the United States Environmental
Protection Agency approves the district's proposed reclassification
of its nonattainment status for ozone from severe to extreme. The
fees adopted pursuant to this section are for the district portion of
the total amount needed to achieve and maintain state and federal
ambient air quality standards. At least ten million dollars
($10,000,000) shall be used to mitigate the impacts of air pollution
on public health and the environment in disproportionately impacted
environmental justice communities in the San Joaquin Valley. The
district board shall convene an environmental justice advisory
committee, selected from a list given to the board by environmental
justice groups from the San Joaquin Valley, to recommend the
neighborhoods in the district that constitute environmental justice
communities, and how to expend funds within these communities.
   (c) (1) The fees adopted pursuant to this section shall become
effective after the state board makes both of the following findings:

   (A) The district has undertaken all feasible measures to reduce
nonattainment air pollutants from sources within the district's
jurisdiction and regulatory control.
   (B) The district has notified the state board that fees have been
adopted pursuant to this section and provided the state board with an
estimate of the total funds that will be provided annually by each
of those fees.
   (2) The state board shall file a written copy of its findings made
pursuant to this subdivision with the Secretary of State within two
days of its determination.
   (3) The fees adopted pursuant to this section shall be collected
nine months after the requirements of paragraph (2) are met.