Bill Text: CA SB459 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Vehicle retirement: low-income motor vehicle owners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-30 - Chaptered by Secretary of State. Chapter 437, Statutes of 2013. [SB459 Detail]

Download: California-2013-SB459-Amended.html

---

BILL NUMBER: SB 459	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Pavley

                        FEBRUARY 21, 2013

   An act to amend Sections 44062.3 and 44070.5 of, and to add and
repeal Section 44062.5 of, the Health and Safety Code, relating to
vehicular air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 459, as amended, Pavley. Vehicle retirement: low-income motor
vehicle owners.
   (1) Existing law establishes a motor vehicle inspection and
maintenance program, referred to as a 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.
Existing law requires the department to permit vehicle retirement for
a motor vehicle that has been continuously registered in the state
for at least 2 years prior to vehicle  retirement, 
 retirement  and that fails any type of smog check
inspection lawfully performed in the state. Existing law requires the
department to pay a person who retires his or her vehicle $1,500 for
a low-income motor vehicle owner, as defined, and $1,000 for all
other motor vehicle owners, and authorizes additional payments above
these amounts based on consideration of specified criteria.
   This bill would authorize the department to provide other forms of
financial assistance for a motor vehicle owner when providing
additional payments above those amounts, as specified.
   (2) Existing law provides for a repair assistance program
available to an individual whose maximum income level does not exceed
225% of the federal poverty level and who is the owner of a motor
vehicle that has failed a smog check inspection or received a notice
to correct. Existing law requires the bureau to permit vehicle
retirement of a motor vehicle that is a high polluter and that has
been continuously registered in the state for at least 2 years or
otherwise proven to have been driven in the state for the last 2
years, as specified, prior to vehicle retirement. Existing law
requires the bureau to pay a person for the voluntary retirement of a
high-polluting motor vehicle $1,500 for a low-income motor vehicle
and $1,000 for all other motor vehicle owners, and authorizes
additional payments above these amounts based on consideration of
specified criteria.
   This bill would require the department, on or before July 1, 2014,
to establish a one-year pilot program to provide financial
assistance to low-income motor vehicle owners, as defined, for the
voluntary retirement of a gross-polluting vehicle, as specified. The
bill would  require a reasonable demonstration, as specified,
that a vehicle retired under the program was operated primarily in
the state for the last 2 years prior to acceptance in the program and
would  prohibit the department from requiring proof of
registration for  the last 2 years prior to acceptance into
the program.   that time period. The bill would require
the department, before January 1, 2016, to submit a specified report
to the Legislature and the Governor. 
   (3) Existing law requires the department to develop and
continuously conduct a public information program, in consultation
with the State Air Resources Board, designed to develop and maintain
public support and cooperation for the smog check program, as
specified.
   This bill would require the department, for purposes of that
public information program, to engage in multilingual outreach to
underserved communities about the benefits of the program. The bill
also would require the department to include car dealerships in the
public information 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 44062.3 of the Health and Safety Code is
amended to read:
   44062.3.  (a) The owner of a motor vehicle that has been
continuously registered in the state for at least two years prior to
vehicle retirement  ,  and that has failed the most
recent smog check inspection for that vehicle  , 
may retire the vehicle from operation at a dismantler under contract
with the Bureau of Automotive Repair, at any time after learning of
the smog check failure. The department shall pay a person who retires
his or her vehicle under this section one thousand five hundred
dollars ($1,500) for a low-income motor vehicle owner, as defined in
Section 44062.1, and one thousand dollars ($1,000) for all other
motor vehicle owners. The department may pay a motor vehicle owner
more than these amounts based on factors, including, but not limited
to, the age of the vehicle, the emission benefit of the vehicle's
retirement, the emission impact of any replacement vehicle, and the
location of the vehicle in an area of the state with the poorest air
quality  ,  or may provide other forms of financial
assistance.
   (b) The department shall permit vehicle retirement pursuant to
subdivision (a) for any motor vehicle that has been continuously
registered in the state for at least two years prior to vehicle
retirement  ,  and that fails any type of smog check
inspection lawfully performed in the state.
  SEC. 2.  Section 44062.5 is added to the Health and Safety Code, to
read:
   44062.5.  (a) On or before July 1, 2014, the department shall
establish a one-year pilot program to provide financial assistance to
low-income motor vehicle owners, as defined in Section 44062.1, for
the voluntary retirement of a gross-polluting vehicle. A vehicle
retired pursuant to this section shall have been reasonably
demonstrated to the department to have been operated primarily in the
state for the last two years prior to acceptance into the pilot
program. The department shall not require proof of registration for
the last two years prior to acceptance into the program. 
   (b) Reasonable demonstration that the vehicle has been operated
primarily in the state for the last two years shall be shown by
either of the following:  
   (1) Proof of car insurance in the state for the last two years.
 
   (2) An invoice showing the vehicle identification number for
vehicle repairs or maintenance during the last two years and proof of
the vehicle owner's residence in the state during the last two
years.  
   (b) The 
    (c)     (1)     Before
January 1, 2016, the  department shall report to the appropriate
committees of the Legislature  , as part of the supplemental
report required pursuant to line item 1111-002-0582 of Chapter 268
of the Statutes of 2008,   and the Governor  the
number of vehicles retired pursuant to subdivision (a). 
   (2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
 
   (3) Notwithstanding subdivision (d), this subdivision shall remain
operative on and after July 1, 2015.  
   (c) This 
    (d)     Except as provided in paragraph (3)
of subdivision (c), this  section shall become inoperative on
July 1, 2015, and, as of January 1, 2016, is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2016, deletes or extends the dates on which it becomes inoperative
and is repealed.
  SEC. 3.  Section 44070.5 of the Health and Safety Code is amended
to read:
   44070.5.  (a)  The department shall develop and continuously
conduct a public information program, in consultation with the state
board. The program shall be designed to develop and maintain public
support and cooperation for the motor vehicle inspection and
maintenance program and shall include information on all of the
following:
   (1)  The health damage caused by air pollution.
   (2)  The contribution of automobiles to air pollution and the
gross polluter problem.
   (3)  Whether a motorist's vehicle could be a gross polluter
without the motorist knowing.
   (4)  The importance of maintaining a vehicle's emission control
devices in good working order and the importance of the program.
   (b)  That information shall be disseminated by all means that the
department determines to be feasible and cost effective, including,
but not limited to, television, newspaper, and radio advertising and
trailers in movie theaters. The department may also utilize grass
roots community networks, including local opinion leaders, churches,
the PTA, automobile dealerships, and the workplace. Extensive
marketing research shall be performed to identify the target
population.
   (c) The department shall engage in multilingual outreach to
underserved communities about the benefits of the program.