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 11, 2013
	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 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.
   (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.
   This bill would require the state board, in consultation with the
bureau and no later than 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  
$2,500, would make replacement an option for all motor vehicle
owners,  and would make this compensation available to an owner
in addition to the compensation for a retired vehicle.  The bill
would prohibit this compensation for all other motor vehicle owners
from exceeding the compensation for low-income motor vehicle owners
  .  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 44062.3 of the Health and Safety Code is amended
to read:
   44062.3.  (a) The owner of a motor vehicle that has been
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, 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 may permit vehicle retirement pursuant to
subdivision (a) for any motor vehicle that has been 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, 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 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.
   (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 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. 
   (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).
 
   (B) Replacement may be an option for all motor vehicle owners and
may be in addition to compensation for vehicles retired pursuant to
subparagraph (A). For low-income motor vehicle owners, as defined in
Section 44062.1, compensation shall be no less than two thousand five
hundred dollars ($2,500). Compensation for all other motor vehicle
owners may not exceed compensation for low-income motor vehicles
owners. 
   (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 
 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.