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AB-735 Vehicular air pollution: child labor.(2019-2020)

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Date Published: 04/01/2019 09:00 PM
AB735:v98#DOCUMENT

Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 735


Introduced by Assembly Member Melendez

February 19, 2019


An act to amend Section 44274.6 of add Section 43018.6 to the Health and Safety Code, relating to vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 735, as amended, Melendez. Air Quality Improvement Program: Clean Vehicle Rebate Project. Vehicular air pollution: child labor.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law required the state board to adopt regulations that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles and light-duty trucks and any other vehicles determined by the state board to be vehicles whose primary use is noncommercial personal transportation in the state.
This bill, no later than July 1, 2020, would require the state board to certify that specified vehicles are free of materials acquired using child labor, as specified. The bill would prohibit the state board from enforcing specified regulations until the state board has adopted those certifications.

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 Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.

This bill would require the state board to require a manufacturer of a vehicle eligible under the Clean Vehicle Rebate Project to certify in writing that the vehicle’s supply chain is free of materials acquired using child labor.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 43018.6 is added to the Health and Safety Code, to read:

43018.6.
 (a) (1) No later than July 1, 2020, the state board shall certify that a vehicle subject to Sections 1962, 1962.1, and 1962.2 of Title 13 of the California Code of Regulations is free of materials acquired using child labor.
(2) The state board shall adopt the certifications at a public meeting and post the adopted certifications on its internet website.
(b) The state board shall not enforce Sections 1962, 1962.1, and 1962.2 of Title 13 of the California Code of Regulations until the required certifications are adopted pursuant to subdivision (a).
(c) If the state board makes a determination at a public hearing that the implementation of this section would violate the current state implementation plan, as required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the state board shall delay the implementation of this section until the state board has submitted an amended state implementation plan to the United States Environmental Protection Agency for approval.

SECTION 1.Section 44274.6 of the Health and Safety Code, as added by Section 1 of Chapter 366 of the Statutes of 2018, is amended to read:
44274.6.

(a)For purposes of this section, the following definitions apply:

(1)“Low income” means a resident of the state whose household income is less than or equal to 300 percent of the federal poverty level.

(2)“Low-income communities” has the same meaning as defined in Section 39713.

(b)Under the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program, the state board shall do both of the following:

(1)Provide outreach to low-income households and low-income communities to increase consumer awareness of the Clean Vehicle Rebate Project.

(2)Prioritize rebate payments to low-income applicants.

(c)Beginning July 1, 2020, the state board shall require a manufacturer of a vehicle eligible under the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program to certify in writing that the vehicle’s supply chain is free of materials acquired using child labor.

(d)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 2.Section 44274.6 of the Health and Safety Code, as added by Section 2 of Chapter 366 of the Statutes of 2018, is amended to read:
44274.6.

(a)For purposes of this section, the following definitions apply:

(1)“Low income” means a resident of the state whose household income is less than or equal to 300 percent of the federal poverty level.

(2)“Low-income communities” has the same meaning as defined in Section 39713.

(b)Under the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program, the state board shall provide outreach to low-income households and low-income communities to increase consumer awareness of the Clean Vehicle Rebate Project.

(c)The state board shall require a manufacturer of a vehicle eligible under the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program to certify in writing that the vehicle’s supply chain is free of materials acquired using child labor.

(d)This section shall become operative on January 1, 2022.