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  SEPTEMBER 3, 2013
	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 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.
   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 campaign and the enhanced fleet modernization program.
 The bill would require the state board  , in
consultation with the bureau and no later than January 1, 2015, 
to update the guidelines for the enhanced fleet modernization
program to include specified elements  and to study and consider
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.  The Legislature finds and declares that the State Air
Resources Board should take all the steps necessary to improve the
 Enhanced Fleet Modernization Program   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
  enhance emissions reductions gained by  the
program.
  SEC. 2.  Section 44127 is added to the Health and Safety Code, to
read: 
   44127.  (a) (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) 
    44127.    (a)  No later than January 1, 2015,
the state board, in consultation with the  Bureau of
Automotive Repair,   bureau,  shall update the
program established pursuant to Section 44125. The program shall
continue to be administered by the  Bureau of Automotive
Repair   bureau  pursuant to guidelines updated and
adopted by the state board. 
   (c) 
    (b)  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
  bureau's  Consumer Assistance Program established
pursuant to other provisions of this chapter to  maximize
participation by persons eligible under components of both programs.
  ensure vehicle owners participate in the appropriate
program to maximize emissions reductions and participation in the
vehicle replacement component of the program established pursuant to
Section 44125. 
   (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  efficiency  or transit
 efficiency   use  as a result of the
program established pursuant to Section 44125. 
   (5) Specific steps to ensure the vehicle replacement component of
the program established pursuant to Section 44125 is available in
areas designated as federal extreme nonattainment.  
   (6) A requirement that vehicles eligible for retirement are
driveable.  
   (7) Increased partnerships and outreach with local opinion
leaders, community nonprofits, churches, the PTA, automobile
dealerships, auto loan institutions, licensed auto dismantlers, and
employers.  
   (c) When updating the guidelines to supplement Section 44125, the
state board shall study and consider all the following elements:
 
   (5) 
    (1)  Methods of financial assistance other than 
vouchers are studied and considered.   vouchers. 

   (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 are
driveable.  
   (8) 
    (2)  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 
    (3)     An  incentive structure with
varied incentive amounts to maximize program participation and
cost-effective emissions reductions.