Bill Text: CA AB904 | 2015-2016 | Regular Session | Amended

California Assembly Bill 904 (Prior Session Legislation)

Bill Title: Air Quality Improvement Program: Clean Reused Vehicle

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB904 Detail]

Download: California-2015-AB904-Amended.html

BILL NUMBER: AB 904	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2015
	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN ASSEMBLY  APRIL 29, 2015

INTRODUCED BY   Assembly Member Perea
   (Coauthor: Assembly Member Eduardo Garcia)

                        FEBRUARY 26, 2015

   An act to add Section 44274.9 to the Health and Safety Code,
relating to vehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 904, as amended, Perea. Air Quality Improvement Program: Clean
Reused Vehicle Rebate Project.
   Existing law establishes the Air Quality Improvement Program that
is administered by the State Air Resources Board for the purposes of
funding projects related to, among other things, the reduction of
criteria air pollutants and improvement of air quality. Pursuant to
its existing statutory authority, the state board has established the
Clean Vehicle Rebate Project, as a part of the Air Quality
Improvement Program, to promote the production and use of
zero-emission vehicles by providing rebates for the purchase of new
zero-emission vehicles.
   This bill would require the state board to establish the Clean
Reused Vehicle Rebate Project, as a part of the Air Quality
Improvement Program, to provide rebates or other incentives for the
acquisition of an eligible used vehicle, as defined; the replacement
or refurbishment of a battery and related components for an eligible
used vehicle or an extended warranty for the battery or related
components; or an extended service warranty to cover unexpected
vehicle repairs not covered by the manufacturer's warranty related to
unique problems in eligible used vehicles, as specified.
   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 44274.9 is added to the Health and Safety Code,
to read:
   44274.9.  (a) For purposes of this section, the following terms
mean the following:
   (1) "Eligible used vehicle" only includes the same categories of
vehicles that are eligible for a rebate under the Clean Vehicle
Rebate Project.
   (2) "Used vehicle" has the same meaning as set forth in Section
665 of the Vehicle Code.
   (b) No later than July 1, 2017, the state board shall establish,
as a part of the Air Quality Improvement Program, the Clean Reused
Vehicle Rebate Project to provide an applicant with any of the
following:
   (1) A rebate or other incentive with a value of up to  two
thousand five hundred dollars ($2,500)   one thousand
eight hundred dollars ($1,800)  for the acquisition of an
eligible used vehicle from a licensed dealer.
   (2) A rebate or other incentive for the replacement or
refurbishment of a battery and related components for an eligible
used vehicle, for an extended warranty for the battery and related
components, or for both.
   (3) A rebate or other incentive for an extended service warranty
to cover unexpected vehicle repairs not covered by the manufacturer's
warranty related to unique problems in eligible used vehicles.
   (c) A rebate or other incentive issued pursuant to this section
shall be limited to one per vehicle.
   (d) Rebates or other incentives issued pursuant to this section
shall be limited to low- and moderate-income consumers residing in
disadvantaged communities, as identified pursuant to Section 39711.

   (e) Notwithstanding subdivision (d), a rebate or other incentive
available pursuant to paragraph (1) of subdivision (b) shall only be
issued to an applicant who resides in one of the following: 

   (1) A county where less than 2 percent of the total rebates of the
Clean Vehicle Rebate Project, established as part of the Air Quality
Improvement Program established pursuant to this article, have been
issued.  
   (2) A district that has been designated by the state board as
being in nonattainment and as not meeting the federal ambient air
quality standards.  
   (e) 
    (f)  The state board shall coordinate the Clean Reused
Vehicle Rebate Project with the Clean Vehicle Rebate Project,
established as part of the Air Quality Improvement Program
established pursuant to this article, the enhanced fleet
modernization program, established pursuant to Article 11 (commencing
with Section 44125) of Chapter 5, and the Charge Ahead California
Initiative, established pursuant to Chapter 8.5 (commencing with
Section 44285), including, but not limited to, all of the following:
   (1) Coordinating eligibility pursuant to this section with
eligibility for the enhanced fleet modernization program.
   (2) Ensuring appropriate outreach and targeting to low- and
moderate-income households in an effort to encourage participation.
   (3) Expanding financing mechanisms, including, but not limited to,
a loan or loan-loss reserve credit enhancement program to increase
consumer access to zero-emission and near-zero-emission vehicle
financing and leasing options that can help lower expenditures on
transportation and prequalification or point-of-sale rebates or other
methods to increase participation rates among low- and
moderate-income consumers. 
   (f) 
    (g)  (1) The state board shall establish safeguards for
the project established pursuant to this section to prevent both of
the following:
   (A) Fraudulent activity by the sellers and acquirers of eligible
used vehicles.
   (B) Practices that could prevent the intended recipients of
rebates or other incentives from benefiting from this section.
   (2) For purposes of this subdivision, "fraudulent activity" may
include raising the price of eligible used vehicles in a manner that
partially or completely captures a rebate or other incentive issued
pursuant to this section.