BILL NUMBER: AB 1691INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Gipson and Cristina Garcia JANUARY 21, 2016 An act to add and repeal Section 44125.5 of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 1691, as introduced, Gipson. Vehicular air pollution: vehicle retirement. 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. Existing law requires the program's guidelines to be updated no later than June 30, 2015. Existing law requires the updated guidelines to ensure vehicle replacement be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired, as specified. This bill would require the state board, in consultation with the bureau, to adopt, as a part of the program, an element of the program to commence on July 1, 2017, subject to appropriation by the Legislature, with a goal of annually replacing 10,000 vehicles from disadvantaged communities over a 5-year period. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44125.5 is added to the Health and Safety Code, to read: 44125.5. (a) As a part of the program adopted pursuant to Section 44125, the state board, in consultation with the bureau, shall adopt an element of the program to commence on July 1, 2017, subject to appropriation by the Legislature, that allows for the voluntary retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters, focusing the program's efforts in disadvantaged communities identified pursuant to Section 39711. (b) The goal of the element adopted pursuant to subdivision (a) is to annually replace 10,000 vehicles from those disadvantaged communities with the lowest income levels. (c) No later than June 30, 2017, the state board shall update the guidelines adopted pursuant to Section 44125 to implement this section. In updating the guidelines for the purposes of this section, the state board shall study and consider all of the following: (1) Mandatory partnerships and a mandated minimum amount of overall funding allocated to outreach with community-based organizations to ensure program accessibility for the lowest income disadvantaged communities in the state, with an outreach and partnership report to be submitted to the state board every six months after July 1, 2017. (2) A "Primary Usage and Dependency" document attesting to all of the following: (A) The person receiving financial assistance from the program is dependent on the vehicle being retired. (B) The person cannot replace the vehicle without financial assistance from the program. (C) The loss of the vehicle would cause irreparable economic harm to the person. (d) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.