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

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

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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

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BILL NUMBER: SB 459	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 24, 2013
	AMENDED IN SENATE  APRIL 25, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Pavley

                        FEBRUARY 21, 2013

   An act to add Section 44127 to  , 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 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 who has 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 October 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 that
time period. The bill would require the department to engage in
multilingual outreach to underserved communities about the benefits
of the pilot program, as specified. The bill would require the
department, before January 1, 2016, to submit a specified report to
the Legislature and the Governor. The bill would require the moneys
necessary to implement the pilot program to be transferred, upon
appropriation by the Legislature, from the Vehicle Inspection and
Repair Fund to the High Polluter Repair or Removal Account. 

   (2) Existing 
    Existing  law creates an enhanced fleet modernization
program for the retirement of high polluting vehicles to be
administered by the Bureau of Automotive Repair pursuant to
guidelines adopted by the State Air Resources Board.
   This bill would require the state board  , in collaboration
with the bureau and air pollution control and air quality management
districts, to engage in a one-year multilingual outreach campaign in
areas designated as federal nonattainment focusing on low-income
vehicle owners to increase the utilization of the vehicle replacement
component of the enhanced fleet modernization program and to
understand the barriers to participation in the enhanced fleet
modernization program, as specified. The bill would require the
moneys necessary to implement the one-year multilingual outreach
campaign to be transferred, upon appropriation by the Legislature,
from the Vehicle Inspection and Repair Fund to the High Polluter
Repair or Removal Account. The bill would require the state board,
within 2 years of   a specified appropriation, to provide a
specified assessment to the Legislature of both the one-year
multilingual outreach ca   mpaign and the enhanced fleet
modernization program. The bill would require the state board 
to update the guidelines for  that   the 
enhanced fleet modernization program to include specified elements.
 The bill would make various findings and declarations. 
   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 44062.5 is added to the
Health and Safety Code, to read:
   44062.5.  (a) On or before October 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) (1) The department shall engage in multilingual outreach in
underserved communities about the benefits of the pilot program
established pursuant to subdivision (a).
   (2) The department shall primarily focus efforts in the South
Coast Air Basin and the San Joaquin Valley Air Basin.
   (3) The department shall include funding for a community-based
outreach effort. The department also may utilize grass roots
community networks, including local opinion leaders, community
nonprofits, churches, the PTA, automobile dealerships, and the
workplace.
   (c) 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.
   (d) (1) Before January 1, 2016, the department shall report to the
appropriate committees of the Legislature and the Governor the
number of vehicles retired pursuant to subdivision (a) and the model
year, odometer reading, and vehicle identification number of each
vehicle 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 (f), this subdivision shall remain
operative on and after July 1, 2015.
   (e) Moneys necessary to implement this section shall be
transferred, upon appropriation by the Legislature, from the Vehicle
Inspection and Repair Fund, established pursuant to Section 9886 of
the Business and Professions Code, to the High Polluter Repair or
Removal Account, established pursuant to subdivision (a) of Section
44091.
   (f) Except as provided in paragraph (3) of subdivision (d), 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. 
   SECTION 1.    The Legislature finds and declares that
the State Air Resources Board should take all the steps necessary to
improve the Enhanced Fleet Modernization Program (Article 11
(commencing with Section 44125) of Chapter 5 of Part 5 of Division 26
of the Health and Safety Code) to increase the benefits of the
program for low-income California residents, as defined in Section
44062.1 of the Health and Safety Code, promote cleaner replacement
vehicles, and reduce the number of end-of-life vehicles that enter
the program. 
  SEC. 2.  Section 44127 is added to the Health and Safety Code, to
read:
   44127.  (a)  No   (1)    
The state board, in collaboration with the Bureau of Automotive
Repair and districts, shall engage in a one-year multilingual
outreach campaign in areas designated as federal nonattainment
focusing on low-income vehicle owners to increase the utilization of
the vehicle replacement component of the program established pursuant
to Section 44125 and to understand the barriers to participation in
the program established pursuant to Section 44125.  
   (2) The state board shall include in the one-year multilingual
outreach campaign established pursuant to this subdivision a
community-based outreach effort. The state board shall contract with
a district or grass roots community network to implement the
community-based outreach effort. For purposes of this section, a
grass roots community network means local opinion leaders, community
nonprofits, churches, the PTA, automobile dealerships, and the
workplace.  
   (3) Moneys necessary to implement this subdivision shall be
transferred, upon appropriation by the Legislature, from the Vehicle
Inspection and Repair Fund, established pursuant to Section 9886 of
the Business and Professions Code, to the High Polluter Repair or
Removal Account, established pursuant to subdivision (a) of Section
44091.  
   (4) (A) Notwithstanding Section 10231.5 of the Government Code, no
later than two years after an appropriation by the Legislature
pursuant to paragraph (3), the state board shall provide an
assessment to the Legislature of the costs and short-term
emissions-reduction benefits of the one-year multilingual outreach
campaign and the program established pursuant to Section 44125,
including all of the following:  
   (i) Measurement of the emissions reductions gained by the vehicle
replacement incentives.  
   (ii) Number of replacement vehicle vouchers used.  
   (iii) Year, make, model, and cost of the replacement vehicles.
 
   (B) A report submitted pursuant to this paragraph shall be
submitted in compliance with Section 9795 of the Government Code.

    (b)     No  later than January 1,
 2016,  2015,  the state board, in
consultation with the Bureau of Automotive Repair, shall update the
program established pursuant to Section 44125. The program shall
continue to be administered by the Bureau of Automotive Repair
pursuant to guidelines updated and adopted by the state board.

   (b) 
    (c)  The updated guidelines shall  supplement
Section 44125 to  include all of the following elements:
   (1) Provisions that coordinate the implementation of the vehicle
retirement and replacement components of the program established
pursuant to Section 44125 with the vehicle retirement component of
the Bureau of Automotive Repair Consumer Assistance Program
established pursuant to other provisions of this  chapter,
  chapter  to maximize participation by persons
eligible under components of both programs. 
   (2) Information learned from the pilot program established
pursuant to Section 44062.5 is considered.  
   (2) Streamlined administration to simplify participation while
protecting the accountability of moneys spent. 
   (3) Increased emphasis on the replacement of high polluters with
cleaner vehicles or the increased use of public transit  that
results in increased utilization of the vehicle replacement component
of the program established pursuant to Section 44125  .
   (4) Increased emphasis on the reduction of greenhouse gas
emissions through increased vehicle or transit efficiency as a result
of the program established pursuant to Section 44125.
   (5) Methods of financial assistance other than vouchers are
studied and considered. 
   (6) Increased utilization of the replacement component of the
program established pursuant to Section 44125.  
   (6) Specific steps to ensure the vehicle replacement component of
the program is available in areas designated as federal extreme
nonattainment. 
   (7) A requirement that vehicles eligible for retirement 
have been operated on the road recently   are driveable
 .
   (8) An option for automobile dealerships or other used car sellers
to accept cars for retirement provided the cars are dismantled
consistent with the requirements of the program established pursuant
to Section 44125.
   (9) Increased partnerships and outreach with grass roots community
networks, including local opinion leaders, community nonprofits,
churches, the PTA, automobile dealerships, auto loan institutions,
and employers. 
   (10) Increased consideration of an incentive structure with varied
incentive amounts to maximize program participation and
cost-effective emissions reductions.