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AB-1691 Vehicular air pollution: vehicle retirement.(2015-2016)

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Amended  IN  Senate  August 03, 2016
Amended  IN  Senate  August 02, 2016
Amended  IN  Assembly  May 12, 2016
Amended  IN  Assembly  April 20, 2016
Amended  IN  Assembly  April 12, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1691

Introduced by Assembly Members Gipson and Cristina Garcia

January 21, 2016

An act to add and repeal Sections 44125.5 and 44274.1 of 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. that all motor vehicle owners have the option of receiving compensation for both retiring and replacing their vehicles.
This bill would require the state board, by July 1, 2018, to update the guidelines, as specified, that would be operative until July 1, 2022.
Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Plus-Up Pilot Project, as a part of the Air Quality Improvement Program, to provide financial assistance to low-income individuals to replace older polluting vehicles with cleaner, more fuel efficient fuel-efficient vehicles.
This bill would require the state board, by July 1, 2018, to develop guidelines that would be operative until July 1, 2022, for the purposes of the pilot project.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 44125.5 is added to the Health and Safety Code, to read:

44125.5.
 (a) No later than July 1, 2018, the state board shall update the guidelines adopted pursuant to Section 44125 to ensure all of the following:
(1) Each district implementing a program pursuant to Section 2627 of Title 13 of the California Code of Regulations with a backlog or a waiting list for applicants shall develop develops a plan with recommendations to the state board on how to eliminate the backlog or waiting list.
(2) Specific steps are taken, including, but not limited to, random income eligibility verification and contact with program participants at least once after their vehicles are replaced, taken to ensure the program operating pursuant to Section 2627 of Title 13 of the California Code of Regulations is not being misused. misused, including, but not limited to, random income eligibility verification and contact with program participants at least once after their vehicles are replaced.
(3) For programs operating pursuant to Section 2627 of Title 13 of the California Code of Regulations, inclusion of mandatory partnerships with, and a mandatory minimum amount of overall funding allocated to outreach for, community-based organizations to ensure program accessibility for the lowest income lowest-income disadvantaged communities in the state, with state. A district shall submit an outreach and partnership report to be submitted to the state board by the district every six months after July 1, 2018.
(4) Enhancement of the prescreening of applicants to the programs operating pursuant to Section 2627 of Title 13 of the California Code of Regulations, if determined by the state board to be appropriate.
(5) For the portion of the program operating pursuant to Section 2622 of Title 13 of the California Code of Regulations focused on disadvantaged communities, as identified pursuant to Section 39711, and for programs operating pursuant to Section 2627 of Title 13 of the California Code of Regulations, priority is given to the retirement of vehicles that are 15 years or older and with more than 75,000 miles.
(b) A plan or report required to be submitted by a district to the state board pursuant to this section may be combined with another report that the district is required to submit on a minimum of an annual basis to the state board pursuant to a different law.

(b)

(c) 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.

SEC. 2.

 Section 44274.1 is added to the Health and Safety Code, to read:

44274.1.
 (a) It is the intent of the Legislature that the efforts of the Plus-Up Pilot Project developed by the state board pursuant to Section 44274 are focused on disadvantaged communities, as identified pursuant to Section 39711, and that the number of vehicles replaced is increased annually.
(b) Not No later than July 1, 2018, the state board shall develop guidelines for the Plus-Up Pilot Project to ensure all of the following:
(1) Each district implementing a program funded by the Plus-Up Pilot Project with a backlog or a waiting list for applicants shall develop develops a plan with recommendations to the state board on how to eliminate the backlog or waiting list.
(2) Specific steps are taken, including, but not limited to, random income eligibility verification and contact with program participants at least once after their vehicles are replaced, taken to ensure that the program is not being misused. misused, including, but not limited to, random income eligibility verification and contact with program participants at least once after their vehicles are replaced.
(3) Mandatory Inclusion of mandatory partnerships with, and a mandatory minimum amount of overall funding allocated to outreach for, community-based organizations to ensure program accessibility for the lowest income lowest-income disadvantaged communities within the district, with district. A district shall submit an outreach and partnership report to be submitted to the state board by the district every six months after July 1, 2018.
(4) Enhancement of the prescreening of applicants to the program, if determined by the state board to be appropriate.
(5) Priority is given to the replacement of vehicles that are 15 years or older and with more than 75,000 miles usage. miles.
(c) A plan or report required to be submitted by a district to the state board pursuant to this section may be combined with another report that the district is required to submit on a minimum of an annual basis to the state board pursuant to a different law.

(c)

(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.