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AB-1965 Vehicle retirement and replacement.(2015-2016)

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Amended  IN  Assembly  May 31, 2016
Amended  IN  Assembly  March 16, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1965

Introduced by Assembly Member Cooper
(Coauthors: Assembly Members Alejo, Cooley, Dodd, and McCarty)

February 12, 2016

An act to add Section 44127 to the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1965, as amended, Cooper. Vehicle retirement and replacement.
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, beginning in the 2016–17 2017–18 fiscal year, and every year thereafter, would require the state board, in consultation with the bureau, to set specific, measurable goals for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters and to ensure those goals are met by updating the program’s guidelines no later than July 1, 2017, 2018, as specified. The bill would require the state board, no later than July 1, 2018, and every other year thereafter, to collect and post on the program’s Internet Web site specified information on the program. The bill would authorize the state board to allocate moneys, upon appropriation, from specified funds to expand the vehicle replacement component of the program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The State Air Resources Board estimates that the state is home to five times more cars over 20 years old than the national average.
(b) At present, at least 2,000,000 cars in the state, about nine percent of the state’s 23,000,000 light- and medium-duty vehicles, are over 20 years old.
(c) In 2011, the nine percent of the fleet that was model year 1992 or older produced a full 40 percent of the smog-forming emissions from passenger vehicles.
(d) Furthermore, according to state and local agency estimates, a mere 10 percent to 15 percent of the state’s motor vehicles, the subset known as gross polluters, are responsible for more than half of the light-duty vehicle smog in the state.
(e) An upgrade in fuel efficiency from 15 miles per gallon to 30 miles per gallon would save a typical household over $1,200 per year in gasoline expenditures.
(f) 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) provides a significant opportunity to improve air quality, reduce fuel costs for the state’s low-income residents, and contribute to the state’s greenhouse gas emissions reduction goals.
(g) It is the intent of the Legislature that 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) be expanded to assist in meeting the state’s environmental goals and maximize benefits for disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.

SEC. 2.

 Section 44127 is added to the Health and Safety Code, to read:

44127.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Disadvantaged community” means a community identified pursuant to Section 39711.
(2) “Program” means the program established pursuant to Section 44125.
(b) Beginning in the 2016–17 2017–18 fiscal year, and every fiscal year thereafter, the state board, in consultation with the bureau, shall set specific, measurable goals for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters.
(c) The state board, in consultation with the bureau, shall meet the goals set pursuant to subdivision (b) by updating the guidelines of the program no later than July 1, 2017. 2018. The updated guidelines shall ensure all of the following:

(1)Specific steps are taken to ensure the vehicle replacement component of the program is available in areas at risk of being designated as federal extreme nonattainment.

(2)

(1) Specific steps are taken to ensure the vehicle replacement component of the program is available in to all districts containing disadvantaged communities. that have more than one million residents.

(3)

(2) Funding for targeted outreach in low-income and or disadvantaged communities for the program is increased from the amounts allocated in the 2015–16 fiscal year. is evaluated and, if necessary, enhanced to obtain the goals set pursuant to subdivision (b).

(4)

(3) There is is, where applicable, improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(d) No later than July 1, 2018, and every other year thereafter, the state board shall collect and post on the program’s Internet Web site all of the following:
(1) Program performance relative to the goals adopted pursuant to subdivision (b).
(2) An accounting that includes, but need not be limited to, funding allocated to the program, funding sources, and program expenditures by region.

(3)A comment on the overall success of the program, or lack thereof, including, but not limited to, recommendations to improve the overall performance of the program if the state board determines the program needs improvement.

(3) An analysis broken down by district of the program’s performance to identify areas to be emphasized when setting future goals or updating the program guidelines.
(e) Upon appropriation by the Legislature, the state board may allocate moneys for the expansion of the vehicle replacement component of the program from any of the following:
(1) The Enhanced Fleet Modernization Subaccount, created pursuant to Section 44126.
(2) The High Polluter Repair or Removal Account, created pursuant to Section 44091.
(3) The Vehicle Inspection and Repair Fund, created pursuant to Section 9886 of the Business and Professions Code.