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 6, 2013
	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   amend
Sections 44062.3 and 44125 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. 

   This bill would require instead a motor vehicle to have been
registered without substantial lapse, as determined by the
department, in the state for at least 2 years prior to vehicle
retirement and to have failed any type of smog check inspection
lawfully performed in the state to qualify to receive a specified
vehicle retirement payment. The bill would authorize, rather than
require, the department to permit vehicle retirement for any motor
vehicle that has been registered without substantial lapse 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 
    (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.  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.  
   The 
    This  bill would require the state board, in
consultation with the bureau and no later than  January 1
  June 30  , 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.  The bill, in addition, would
establish compensation for replacement vehicles for low-income
vehicle owners at not less than $2,500 and would m   ake
this compensation available to an owner in addition to the
compensation for a retired vehicle. The bill would authorize 
 instead an increase in the compensation under these programs for
either retired or replacement vehicles for only low-income motor
vehicle owners as necessary to balance maximizing air quality
benefits of the program while ensuring participation by low-income
motor vehicle owners, 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.  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
enhance emissions reductions gained by the program. 
  SEC. 2.    Section 44127 is added to the Health
and Safety Code, to read:
   44127.  (a) No later than January 1, 2015, the state board, in
consultation with the bureau, shall update the program established
pursuant to Section 44125. The program shall continue to be
administered by the bureau pursuant to guidelines updated and adopted
by the state board.
   (b) The updated guidelines shall supplement Section 44125 to
include all of the following elements:
   (1) Provisions that coordinate the vehicle retirement and
replacement components of the program established pursuant to Section
44125 with the vehicle retirement component of the bureau's Consumer
Assistance Program established pursuant to other provisions of this
chapter to 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 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:
   (1) Methods of financial assistance other than vouchers.
   (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.
   (3) An incentive structure with varied incentive amounts to
maximize program participation and cost-effective emissions
reductions. 
   SEC. 2.    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  without substantial lapse, as
defined by the department,  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   bureau  , 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.
   (b) The department  shall   may  permit
vehicle retirement pursuant to subdivision (a) for any motor vehicle
that has been  continuously  registered  without
substantial lapse, as defined by the department,  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. 3.    Section 44125 of the   Health and
Safety Code   is amended to read: 
   44125.  (a) No later than July 1, 2009, the state board, in
consultation with the  Bureau of Automotive Repair (BAR)
  bureau  , shall adopt a program to commence on
January 1, 2010, that allows for the voluntary retirement of
passenger vehicles and light-duty and medium-duty trucks that are
high polluters. The program shall be administered by the  BAR
  bureau  pursuant to guidelines adopted by the
state board. 
   (b) No later than June 30, 2015, the state board, in consultation
with the bureau, shall update the program established pursuant to
subdivision (a). The program shall continue to be administered by the
bureau pursuant to guidelines updated and adopted by the state
board.  
   (b) 
    (c)  The guidelines shall ensure all of the following:
   (1) Vehicles retired pursuant to the program are permanently
removed from operation and retired at a dismantler under contract
with the  BAR   bureau  .
   (2) Districts retain their authority to administer vehicle
retirement programs otherwise authorized under law.
   (3) The program is available for high polluting passenger vehicles
and light-duty and medium-duty trucks that have been continuously
registered in California for two years prior to acceptance into the
program or otherwise proven to have been driven primarily in
California for the last two years and have not been registered in
another state or country in the last two years.  The guidelines
may require a vehicle to take, complete, or pass a smog check
inspection. 
   (4) The program is focused where the greatest air quality impact
can be identified.
   (5)  (A)    Compensation for retired vehicles
shall be  at least  one thousand five hundred dollars
($1,500) for a low-income motor vehicle owner, as defined in Section
44062.1, and  no more than  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
benefits 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.  
   (B) Compensation for replacement vehicles for low-income motor
vehicle owners, as defined in Section 44062.1, shall be no less than
two thousand five hundred dollars ($2,500), and may be in addition to
compensation for vehicles retired pursuant to subparagraph (A).
 
   (C) Compensation for either retired or replacement vehicles for
low-income motor vehicle owners may be increased as necessary to
maximize the air quality benefits of the program while also ensuring
participation by low-income motor vehicle owners as defined in
Section 44062.1. Increases in compensation amounts may be based on
factors, including, but not limited to, the age of the retired or
replaced vehicle, the emissions benefits of the retired or replaced
vehicle, the emissions impact of any replacement vehicle,
participation by low-income motor vehicle owners, as defined in
Section 44062.1, and the location of the vehicle in an area of the
state with the poorest air quality. 
   (6) Cost-effectiveness and impacts on disadvantaged and low-income
populations are considered.  Program eligibility may be limited
on the basis of income to ensure the program adequately serves
persons of low or moderate income. 
   (7) Provisions that coordinate the vehicle retirement and
replacement components of the program with the vehicle retirement
component of the bureau's Consumer Assistance Program, established
pursuant to other provisions of this chapter, to ensure vehicle
owners participate in the appropriate program to maximize emissions
reductions.  
   (8) Streamlined administration to simplify participation while
protecting the accountability of moneys spent.  
   (9) Specific steps to ensure the vehicle replacement component of
the program is available in areas designated as federal extreme
nonattainment.  
   (10) A requirement that vehicles eligible for retirement have
sufficient remaining life. Demonstration of sufficient remaining life
may include proof of current registration, passing a recent smog
check inspection, or passing another test similar to a smog check
inspection.  
   (d) When updating the guidelines to the program established
pursuant to subdivision (a), the state board shall study and consider
all the following elements:  
   (1) Methods of financial assistance other than vouchers. 

   (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.  
   (3) An incentive structure with varied incentive amounts to
maximize program participation and cost-effective emissions
reductions.  
   (4) Increased emphasis on the replacement of high polluters with
cleaner vehicles or the increased use of public transit that results
in the increased utilization of the vehicle replacement component of
the program.  
   (5) Increased emphasis on the reduction of greenhouse gas
emissions through increased vehicle efficiency or transit use as a
result of the program.  
   (6) Increased partnerships and outreach with community-based
organizations.