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SB-369 Vehicle repair assistance program: safe parking program participants.(2019-2020)

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Date Published: 06/24/2019 09:00 PM
SB369:v96#DOCUMENT

Amended  IN  Assembly  June 24, 2019
Amended  IN  Senate  April 25, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 369


Introduced by Senator Hertzberg

February 20, 2019


An act to amend Section 44094 of the Health and Safety Code, and to add Division 16.8 (commencing with Section 39200) to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 369, as amended, Hertzberg. Safe parking programs. Vehicle repair assistance program: safe parking program participants.

Existing law authorizes local authorities, by ordinance or resolution, to prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m.

This bill would authorize a city, county, city and county, joint powers authority, or continuum of care formed under federal law to establish, or enter into an agreement with an owner of a public or private parking lot to establish, a safe parking program for the purpose of designating an area for homeless persons and families who reside in their vehicles to park their vehicles and providing those persons access to case management and social services at the safe parking program site.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program, administered by the Department of Consumer Affairs, that requires inspection of motor vehicles upon initial registration and biennially upon renewal of registration, as well as under certain other circumstances, except as specified. Existing law establishes a repair assistance program, administered by Bureau of Automotive Repair within the Department of Consumer Affairs, available to a person who owns a motor vehicle that has failed a smog check inspection and who meets specified criteria, including that the vehicle is currently registered with the Department of Motor Vehicles and has not experienced a significant lapse in registration during the previous 2 years. Vehicles.
This bill would prohibit the department from requiring that vehicles owned by safe parking program participants comply with the registration requirements described above as a condition of participating in the repair assistance program. program, provided that the person present a valid California driver’s license and verification of participation in a safe parking program for at least 30 days, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44094 of the Health and Safety Code is amended to read:

44094.
 (a) Participation in the high polluter repair or removal program specified in this article and Article 10 (commencing with Section 44100) shall be voluntary and shall be available to the owners of high polluters that are registered in an area that is subject to an inspection and maintenance program, have been registered for at least 24 months in the district where the credits are to be applied and, are presently operational, and meet other criteria, as determined by the department.
(b) The program shall provide for both of the following:
(1) As to the repair of a high polluter, payment to the owner of up to 80 percent of the total cost of repair, as determined by the department, but the payment shall not exceed four hundred fifty dollars ($450).
(2) As to the removal of a high polluter, the program shall be subject to Article 10 (commencing with Section 44100).
(c) Except as provided in Section 44062.3, the department may specify the amount of money that may be paid to an owner of a high-polluting motor vehicle who voluntarily retires the vehicle. The amount paid by the department shall be based on the cost-effectiveness and the air quality benefit of retiring the vehicle, as determined by the department.
(d) The department may authorize participation in the program based on a reasonable estimate of the future revenues that will be available to the program.
(e) (1) Notwithstanding any other law, the department shall not require, as a condition of participating in the program specified in this article, a vehicle owned by a person who has been enrolled in a safe parking program for at least 30 days pursuant to Division 16.8 (commencing with Section 39200) of the Vehicle Code to be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 120 days, or have been continuously registered in California with the Department of Motor Vehicles without substantial lapse during the two consecutive years preceding the current registration expiration date, such that the vehicle has not experienced breaks in registration totaling more than 120 days. sticker.
(2) A person enrolled in a safe parking program, upon applying to participate in the program specified in this article, shall provide a valid California driver’s license and a certificate from the operator of the safe parking program verifying the person’s participation in the safe parking program for 30 days or more.
(3) For purposes of this subdivision, an operator of a safe parking program shall be limited to a city, county, city and county, joint powers authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, nonprofit organization, or continuum of care formed pursuant to Sections 11381 to 11388, inclusive, of Title 42 of the United States Code.

SEC. 2.Division 16.8 (commencing with Section 39200) is added to the Vehicle Code, to read:
16.8.Safe Parking Programs
39200.

A city, county, city and county, joint powers authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, nonprofit organization, or continuum of care formed pursuant to Sections 11381 to 11388, inclusive, of Title 42 of the United States Code may establish, or enter into an agreement with the owner of a public or private parking lot to establish, a safe parking program, if an area is designated for homeless persons and families who reside in their vehicles to park their vehicles legally and safely, and to access case management and social services, including housing assistance.

39201.

Notwithstanding any other law, the department shall not require, as a condition of participating in the Consumer Assistance Program established in Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code, a vehicle owned by a person enrolled in a safe parking program pursuant to this division to be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 120 days, or have been continuously registered in California with the Department of Motor Vehicles without substantial lapse during the two consecutive years preceding the current registration expiration date, such that the vehicle has not experienced breaks in registration totaling more than 120 days.