Bill Text: CA AB1691 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Vehicular air pollution: vehicle retirement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1691 Detail]

Download: California-2015-AB1691-Amended.html

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BILL NUMBER: AB 1691	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Members Gipson and Cristina Garcia

                        JANUARY 21, 2016

   An act to add  and repeal  Section 44125.5
 of   to  the Health and Safety Code,
relating to vehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1691, as amended, Gipson. Vehicular air pollution: vehicle
retirement.
   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. Existing law requires the program's
guidelines to be updated no later than June 30, 2015. Existing law
requires the updated guidelines to ensure vehicle replacement be an
option for all motor vehicle owners and may be in addition to
compensation for vehicles retired, as specified.
   This bill would require the state  board, in consultation
with the bureau, to adopt, as a part of the program, an element of
the program to commence on July 1, 2017, subject to appropriation by
the Legislature, with a goal of annually replacing 10,000 vehicles
from disadvantaged communities over a 5-year period.  
board, by June 30, 2017, to update the guidelines, 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.    It is the intent of the Legislature
that the efforts of the Plus   -Up Pilot Project developed
by the State Air Resources Board are focused on disadvantaged
communities, as identified pursuant to Section 39711 of the Health
and Safety Code and that the program increases the number of vehicles
replaced annually. 
   SEC. 2.   Section 44125.5 is added to the  
Health and Safety Code   , to read:  
   44125.5.  No later than June 30, 2017, the state board shall
update the guidelines adopted pursuant to Section 44125 to ensure all
of the following:
   (a) Each district implementing a vehicle retirement program funded
by the state board's Plus-Up Pilot Project with a backlog or a
waiting list for applicants shall develop a plan with recommendations
to the state board on how to eliminate the backlog or waiting list.
   (b) Specific steps are taken to ensure the program is not being
misused. The steps shall include, but are not limited to, random
income eligibility verification and contact with program participants
at least once after their vehicles are replaced.
   (c) Evaluation of whether prescreening of applicants for the
program can be enhanced.
   (d) For the portion of the program focused on disadvantaged
communities, as identified pursuant to Section 39711, and for a
district's program funded by the Plus-Up Pilot Project, priority is
given to the retirement of vehicles that are 15 years or older and
vehicles with more than 75,000 miles.  
  SECTION 1.    Section 44125.5 is added to the
Health and Safety Code, to read:
   44125.5.  (a) As a part of the program adopted pursuant to Section
44125, the state board, in consultation with the bureau, shall adopt
an element of the program to commence on July 1, 2017, subject to
appropriation by the Legislature, that allows for the voluntary
retirement of passenger vehicles and light-duty and medium-duty
trucks that are high polluters, focusing the program's efforts in
disadvantaged communities identified pursuant to Section 39711.
   (b) The goal of the element adopted pursuant to subdivision (a) is
to annually replace 10,000 vehicles from those disadvantaged
communities with the lowest income levels.
   (c) No later than June 30, 2017, the state board shall update the
guidelines adopted pursuant to Section 44125 to implement this
section. In updating the guidelines for the purposes of this section,
the state board shall study and consider all of the following:
   (1) Mandatory partnerships and a mandated minimum amount of
overall funding allocated to outreach with community-based
organizations to ensure program accessibility for the lowest income
disadvantaged communities in the state, with an outreach and
partnership report to be submitted to the state board every six
months after July 1, 2017.
   (2) A "Primary Usage and Dependency" document attesting to all of
the following:
   (A) The person receiving financial assistance from the program is
dependent on the vehicle being retired.
   (B) The person cannot replace the vehicle without financial
assistance from the program.
   (C) The loss of the vehicle would cause irreparable economic harm
to the person.
   (d) This section shall become inoperative on July 1, 2022, and, as
of January 1, 2023, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2023, deletes or
extends the dates on which it becomes inoperative and is repealed.