44090-44099

HEALTH AND SAFETY CODE
SECTION 44090-44099




44090.  For purposes of this article, the following terms have the
following meanings:
   (a) "Account" means the High Polluter Repair or Removal Account
created pursuant to subdivision (a) of Section 44091.
   (b) "High polluter" means a high-emission motor vehicle,
including, but not limited to, a gross polluter.



44091.  (a) The High Polluter Repair or Removal Account is hereby
created in the Vehicle Inspection and Repair Fund. All money
deposited in the account pursuant to this article shall be available,
upon appropriation by the Legislature, to the department and the
state board to establish and implement a program for the repair or
replacement of high polluters pursuant to Section 44062.1 and Article
10 (commencing with Section 44100).
   (b) The department may accept donations or grants of funds from
any person for purposes of the program and shall deposit that money
in the account. Donations, grants, or other commitments of money to
the account may be dedicated for specific purposes consistent with
the uses of the account, including, but not limited to, purchasing
higher emitting vehicles for the purpose of achieving the emission
reductions required by the M-1 strategy of the 1994 State
Implementation Plan (SIP).
   (c) The funds which are available in the account in any fiscal
year for a particular area that is subject to an inspection and
maintenance program shall be distributed to reflect the number of
vehicles registered in that area to the total number of vehicles
registered in areas that are subject to inspection and maintenance
programs. That percentage shall be the percentage of the total funds
allocated to the program in that fiscal year which are available for
that particular area.
   (d) It is the intent of the Legislature that a prudent amount be
determined to retain as a reserve in the Vehicle Inspection and
Repair Fund, and that any moneys in the fund above that amount be
transferred to the High Polluter Repair or Removal Account. It is
also the intent of the Legislature that those transferred moneys be
available, upon appropriation by the Legislature, for expenditure by
the department to support the programs described in this section.
   (e) During any fiscal year, the money in the account shall be
available, upon appropriation by the Legislature, for the following
purposes:
   (1) Assistance in the repair of high polluters pursuant to the
program established pursuant to Section 44062.1.
   (2) Voluntary accelerated retirement of high polluters.
   (3) Rulemaking, vehicle testing, and other technical work required
to implement and administer the repair assistance program
established pursuant to Section 44062.1 and the program described in
Article 10 (commencing with Section 44100).
   (f) An amount of one million dollars ($1,000,000) annually for the
1997-98 fiscal year and the 1998-99 fiscal year shall be made
available from the account for a program to evaluate the emission
reduction effectiveness of the M-1 strategy of the 1994 SIP.
   (g) All remaining amounts in the account shall be available to the
program of repair assistance established pursuant to Section
44062.1.
   (h) In no case shall the funding available in any subsequent
fiscal year to the department for repairing or removing high-emitting
vehicles under the inspection and maintenance program be less than
the amount made available from the Vehicle Inspection and Repair Fund
for that purpose in the 1995-96 fiscal year.



44091.1.  Commencing January 1, 2005, the fee specified in paragraph
(1) of subdivision (d) of Section 44060 shall be twelve dollars
($12). The revenues from that fee shall be allocated as follows:
   (a) The revenues generated by six dollars ($6) of the fee shall be
deposited in the Air Pollution Control Fund, and shall be available
for expenditure, upon appropriation by the Legislature, to fund the
Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter
9 (commencing with Section 44275)) to the extent that the state
board or a participating district determines the moneys are expended
to mitigate or remediate the harm caused by the type of motor vehicle
on which the fee is imposed.
   (b) (1) Except as provided for in paragraph (2), of the revenue
generated by the remaining six dollars ($6) of the fee, four dollars
($4) shall be deposited in the account created by Section 44091,
while the revenue generated by the remaining two dollars ($2) shall
be deposited in the Vehicle Inspection and Repair Fund.
   (2) All revenue generated by the remaining six dollars ($6) of the
fee described in this subdivision that is imposed at first
registration of a motor vehicle and that is exempted under paragraph
(4) of subdivision (a) of Section 44011 shall be deposited in the
account created by Section 44091.



44091.2.  It is the intent of the Legislature that if the impact fee
imposed pursuant to Section 6262 of the Revenue and Taxation Code is
ruled unconstitutional by an appellate court or the California
Supreme Court, or if the state is in any manner prevented by either
of those courts from imposing or collecting the fee, the repair
assistance program implemented pursuant to Section 44062.1 and any
voluntary vehicle retirement program implemented by the department
not be supported by money appropriated from the General Fund.



44092.  The high-polluter repair or removal program shall be
designed to repair or remove motor vehicles registered in this state
that are subject to an inspection and maintenance program and are
producing high levels of emissions as a result of their use in this
state.



44093.  The repair of high polluters under the program shall be
designed to offer repair cost assistance to qualified low-income
motor vehicle owners for vehicles that are in need of repairs to
obtain a certificate of compliance, as determined by the department.




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.



44095.  (a) The department shall administer the program in
accordance with regulations adopted by the department.
   (b) (1) Nothing in this article shall be construed as superseding
or precluding any similar program that is administered by a district,
any other public agency, or any other person.
   (2) The state board shall develop a methodology for, and shall
undertake, a uniform data analysis of the program operated pursuant
to this article and any similar programs operated in this state for
the purpose of providing an accounting of the emission reductions
that are achieved by all such programs.
   (c) The department may directly operate the program or may provide
for the program's operation pursuant to an agreement. The department
may enter into an agreement with local agencies, community colleges,
air quality management districts, or private entities to perform all
or any portion of the program.



44096.  (a) The state board shall review and assess the potential
cost-effectiveness, in terms of dollars per ton of emissions reduced,
of emissions reduction devices that are intended for installation in
light-duty motor vehicles and meet the qualifications specified in
subdivision (b). The results of the assessment shall be made
available to the department and the districts, and shall be
considered by the state board in determining whether an emissions
reduction device is a cost-effective means of emissions reduction, as
compared with the accelerated light-duty vehicle retirement program
conducted pursuant to Article 10 (commencing with Section 44100) and
any other vehicle retirement program authorized by the department or
the districts.
   (b) The state board shall perform the review and assessment
specified in subdivision (a) only for an emission reduction device
that meets at least one of the following qualifications:
   (1) The device has received a certification under the California
Environmental Technology Certification Program.
   (2) The device has received accreditation under the state board's
"Criteria and Test Procedures for Accrediting Emission Control
Devices" (ARB "B" Designation) pursuant to Section 43630.



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, 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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.