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

California Senate Bill 459 (Prior Session Legislation)

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 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  amend Sections 44062.3 and 44070.5 of,
  add Section 4  4127 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 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 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) 
    (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  July
  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.  
   (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.  
   (2) 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 to update the guidelines
for that enhanced fleet modernization program to include specified
elements. 
   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 1.   Section 44062.5
is added to the Health and Safety Code, to read:
   44062.5.  (a) On or before July   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.  
   (b) 
    (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. 
   (c) 
    (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  (d),   (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.  
   (d) 
    (f)  Except as provided in paragraph (3) of subdivision
 (c)   (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. 
  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. 
   SEC. 2.    Section 44127 is added to the  
Health and Safety Code   , to read:  
   44127.  (a) No later than January 1, 2016, 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) The updated guidelines shall 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, 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.
   (3) Increased emphasis on the replacement of high polluters with
cleaner vehicles or the increased use of public transit.
   (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.
   (7) A requirement that vehicles eligible for retirement have been
operated on the road recently.
   (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.