California Senate Bill SB570 Introduced / Bill

 BILL NUMBER: SB 570INTRODUCED BILL TEXT INTRODUCED BY Senator Rubio FEBRUARY 17, 2011 An act to amend Section 44099 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST SB 570, as introduced, Rubio. San Joaquin Valley Unified Air Pollution Control District: high polluter vehicles. (1) Existing law, until January 1, 2013, requires the San Joaquin Valley Unified Air Pollution Control District (district) to develop and administer, in consultation with the State Air Resources Board, a voluntary program to remove high polluter vehicles within the district by exchanging high polluter vehicles in the district for donated vehicles, as provided. Existing law requires the district to submit a report, on or before January 1, 2012, relating to the implementation and status of the program, including, but not limited to, the number of vehicles donated. This bill would extend the operation of these provisions until January 1, 2014, and would make the report due on or before January 1, 2013. By extending the duties of a local air district, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44099 of the Health and Safety Code is amended to read: 44099. (a) As used in this section, "district" means the San Joaquin Valley Unified Air Pollution Control District. (b) The district shall develop and administer, in consultation with the state board, a voluntary program to improve air quality by exchanging high polluter vehicles within the district  ,  for donated vehicles. The program shall do all of the following: (1) Permit any person or business entity within the state to donate to the district any low-emission motor vehicle that has passed its last required smog test. If the vehicle is registered at a residence located outside of the district, the donor shall deliver the vehicle to the district. (2) Permit the owner of a motor vehicle who lives within the jurisdiction of the district to apply to the district for a replacement vehicle if both of the following conditions are met: (A) The motor vehicle did not pass its most recent smog check inspection. (B) The motor vehicle has been registered in any county encompassed by the  San Joaquin  district for a period of at least two years immediately preceding the application. (c) The district shall give priority for vehicle replacement to persons whose family income does not exceed 225 percent of the federal poverty level. (d) The district may authorize, by contract, any entity to administer any portion of the program. (e) The district shall certify that the exchange of any two vehicles results in quantified lower net emissions. (f) The vehicle replacement program shall be a supplement to, and not a replacement for, other high polluter repair or removal programs, pursuant to this article. (g) The program shall be limited to 200 vehicle exchanges, as described in subdivision (a), annually. (h) The district shall store the replacement vehicles in a central facility. (i) The district shall ensure that high polluter vehicles replaced under this program are removed from operation and scrapped or crushed by a dismantler participating in the "Partners in the Solution" program of the State of California Auto Dismantlers Association (SCADA) and operating under contract with the district. (j) The district shall include protections in the program against abuse of the program by recipients of the donated cars. (k) Any interest generated from the funds allocated to the district from the Traffic Congestion Relief Fund, established by Section 14556.5 of the Government Code, for the purposes of paragraph (100) of subdivision (a) of Section 14556.40 of the Government Code may be used, upon appropriation by the Legislature, by the district for the purpose of administering the program established in this section. (l) On or before January 1,  2012   2013  , the district shall submit a report to the Legislature on the implementation and status of the program, including, but not limited to, the number of vehicles donated, the number of vehicles that participated in the program, the number of donated vehicles on hand, the costs of operating the program, the estimated emission reductions achieved through the program, the cost to achieve a one ton reduction in emissions, the expected costs of the program if the program were statewide, and the costs of the program compared to other efforts to reduce vehicular emissions. (m) This section shall remain in effect only until January 1,  2013   2014  , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2013   2014 , deletes or extends that date. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.