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AB-1609 Air pollution: motor vehicle registration: pollution reduction. (2023-2024)

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Date Published: 04/17/2023 02:00 PM
AB1609:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2023
Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1609


Introduced by Assembly Member Garcia

February 17, 2023


An act to amend Sections 44225 and 44229 44225, 44229, and 44233 of the Health and Safety Code, and to add Section 9250.3 to the Vehicle Code, relating to air pollution, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1609, as amended, Garcia. Air pollution: motor vehicle registration: pollution reduction.
(1) Existing law requires a registration fee to be paid to the Department of Motor Vehicles for the registration of each vehicle or trailer coach of a type subject to registration under the Vehicle Code, except those vehicles that are expressly exempted from the payment of registration fees. Existing law, until January 1, 2024, increases vehicle registration fees by $3 and requires revenues from those fees to be used, upon appropriation by the Legislature, for programs to reduce air pollution from motor vehicles.
This bill would impose an additional annual $4 charge on each motor vehicle registered in the state except those vehicles that are expressly exempted from the payment of registration fees, thereby imposing a tax. The bill would require the department to collect the charge and deposit revenues from the charge in the Air Quality Improvement Fee Fund, which the bill would create. The bill would continuously appropriate the revenues in the fund to the department for distribution upon request to air pollution control districts and air quality management districts based upon the amount of the charges collected from motor vehicles registered within each air district, thereby creating an appropriation. The bill would require these revenues to be used for the reduction of air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies, as specified, or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles. The bill would also authorize the department to withhold up to 1% of the annual revenues collected from the charge to cover its administrative costs. costs, and the bill would authorize an air district to use not more than 6.25% of the revenues distributed to the air district for its administrative costs. The bill would require the charge to be increased annually based on the California Consumer Price Index, as specified.
(2) Existing law authorizes an air pollution control or air quality management district, except the Sacramento district, to levy a surcharge of up to $6 on the registration fees for motor vehicles registered in the air district, as specified by the governing body of the air district. Existing law requires the Department of Motor Vehicles to collect that surcharge if requested by an air district, and requires the department, after deducting its administrative costs, to distribute the revenues to the air districts. Existing law, until January 1, 2034, authorizes a $2 increment of that surcharge to be used for the reduction of air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies, as specified, or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles.
This bill would authorize that increment to be used for both of those purposes indefinitely.
(3) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44225 of the Health and Safety Code, as amended by Section 4 of Chapter 355 of the Statutes of 2022, is amended to read:

44225.
 (a) A district may increase the fee established under Section 44223 to up to four dollars ($4). A district may increase the fee only if both of the following conditions are met:
(1) A resolution providing for both the fee increase and a corresponding program for expenditure of the increased fees for the reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of, the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles, is adopted and approved by the governing board of the district.
(2) In districts with nonelected officials on their governing boards, the resolution shall be adopted and approved by both a majority of the governing board and a majority of the board members who are elected officials.
(b) An increase in fees established pursuant to this section shall become effective on either April 1 or October 1, as provided in the resolution adopted by the board pursuant to subdivision (a).
(c) This section shall become operative on January 1, 2034.

SEC. 2.

 Section 44229 of the Health and Safety Code, as amended by Section 6 of Chapter 355 of the Statutes of 2022, is amended to read:

44229.
 (a) After deducting all administrative costs it incurs through collection of fees pursuant to Section 44227, the Department of Motor Vehicles shall distribute the revenues to districts, which shall use the fees to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies necessary for implementation of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles. Fees collected by the Department of Motor Vehicles pursuant to this chapter shall be distributed to districts based upon the amount of fees collected from motor vehicles registered within each district.
(b) The Department of Motor Vehicles may annually expend not more than the following percentages of the fees collected pursuant to Section 44227 on administrative costs:
(1) During the first year after the operative date of this chapter, not more than 5 percent of the fees collected may be used for administrative costs.
(2) During the second year after the operative date of this chapter, not more than 3 percent of the fees collected may be used for administrative costs.
(3) During any year subsequent to the second year after the operative date of this chapter, not more than 1 percent of the fees collected may be used for administrative costs.
(c) This section shall become operative on January 1, 2034.

SEC. 3.

 Section 44229 of the Health and Safety Code, as amended by Section 7 of Chapter 355 of the Statutes of 2022, is amended to read:

44229.
 (a) After deducting all administrative costs it incurs through collection of fees pursuant to Section 44227, the Department of Motor Vehicles shall distribute the revenues to districts, which shall use the revenues resulting from the first four dollars ($4) of each fee imposed pursuant to Sections 44223 and 44225 to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies necessary for implementation of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles. Fees collected by the Department of Motor Vehicles pursuant to this chapter shall be distributed to districts based upon the amount of fees collected from motor vehicles registered within each district.
(b) Notwithstanding Sections 44241 and 44243, a district shall use the revenues resulting from the next two dollars ($2) of each fee imposed pursuant to Section 44225 and collected pursuant to Section 44227 to implement the following programs that the district determines remediate air pollution harms created by motor vehicles on which the surcharge is imposed:
(1) Projects eligible for grants under the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275) of Part 5). 44275)).
(2) The new purchase, retrofit, repower, or add-on equipment for previously unregulated agricultural sources of air pollution, as defined in Section 39011.5, for a minimum of three years from the date of adoption of an applicable rule or standard, or until the compliance date of that rule or standard, whichever is later, if the state board has determined that the rule or standard complies with Sections 40913, 40914, and 41503.1, after which period of time, a new purchase, retrofit, repower, or add-on of equipment shall not be funded pursuant to this chapter. The districts shall follow any guidelines developed under subdivision (a) of Section 44287 for awarding grants under this program.
(3) The purchase of new schoolbuses or the repower or retrofit of emissions control equipment for existing schoolbuses pursuant to the Lower-Emission School Bus Program adopted by the state board.
(4) An accelerated vehicle retirement or repair program that is adopted by the state board pursuant to authority granted hereafter by the Legislature by statute.
(5) The replacement of onboard natural gas fuel tanks on schoolbuses that are 14 years or older or the enhancement of deteriorating natural gas fueling dispensers of fueling infrastructure, pursuant to the Lower-Emission School Bus Program adopted by the state board.
(6) The funding of alternative fuel and electric infrastructure projects solicited and selected through a competitive bid process.
(c) The Department of Motor Vehicles may annually expend not more than 1 percent of the fees collected pursuant to Section 44227 on administrative costs.
(d) A project funded by the program shall not be used for credit under any state or federal emissions averaging, banking, or trading program. An emission reduction generated by the program shall not be used as marketable emission reduction credits or to offset any emission reduction obligation of any person or entity. Projects involving new engines that would otherwise generate marketable credits under state or federal averaging, banking, and trading programs shall include transfer of credits to the engine end user and retirement of those credits toward reducing air emissions in order to qualify for funding under the program. A purchase of a low-emission vehicle or of equipment pursuant to a corporate or a controlling board’s policy, but not otherwise required by law, shall generate surplus emissions reductions and may be funded by the program.
(e) This section shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2034, deletes or extends that date.

SEC. 4.

 Section 44233 of the Health and Safety Code is amended to read:

44233.
 Not more than 6.25 percent of the fees distributed to any district pursuant to Section 44229, 44229 or Section 9250.3 of the Vehicle Code, or distributed by a district to any other public agency pursuant to this chapter, shall be used by the district or other public agency for administrative costs.

SEC. 4.SEC. 5.

 Section 9250.3 is added to the Vehicle Code, to read:

9250.3.
 (a) In addition to any other fees specified in this code, the Health and Safety Code, or the Revenue and Taxation Code, an annual air quality improvement fee of four dollars ($4), beginning on January 1, 2024, is hereby imposed on each motor vehicle registered in the state except those vehicles expressly exempted under this code from the payment of registration fees.
(b) The department shall collect the fee imposed pursuant to subdivision (a) at the same time and in the same manner as the department collects the vehicle registration fee pursuant to Section 9250.
(c) The department shall deposit the revenues collected pursuant to subdivision (b) in the Air Quality Improvement Fee Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the moneys in the fund are continuously appropriated to the department without regard to fiscal years for distribution pursuant to subdivision (d).
(d) (1) Before distributing the moneys in the Air Quality Improvement Fee Fund to districts pursuant to paragraph (2), the department may withhold up to 1 percent of the annual revenues collected pursuant to subdivision (b) to cover its administrative costs relating to the collection of the air quality improvement fee and distribution of the revenues from that fee.
(2) The department shall distribute revenues collected pursuant to subdivision (b) upon request to districts based upon the amount of fees collected from motor vehicles registered within each district.
(e) (1) The South Coast Air Quality Management District shall allocate the revenues distributed to it pursuant to subdivision (d) in a manner consistent with Sections 44243 and 44244 of the Health and Safety Code.
(2) The Bay Area Air Quality Management District shall allocate the revenues distributed to it pursuant to subdivision (d) in a manner consistent with Section 44241 of the Health and Safety Code.
(f) The revenues from the fees distributed to a district pursuant to this section shall be used to reduce or mitigate air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction or mitigation of toxic air contaminant emissions from motor vehicles.
(g) The fees established pursuant to this section shall be increased annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(h) For purposes of this section, “district” has the same meaning as defined in Section 39025 of the Health and Safety Code.