Bill Text: CA AB2145 | 2015-2016 | Regular Session | Introduced
Bill Title: Vehicle replacement: rebates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2145 Detail]
Download: California-2015-AB2145-Introduced.html
BILL NUMBER: AB 2145 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Linder
FEBRUARY 17, 2016
An act to amend Sections 44125 and 44258.4 of the Health and
Safety Code, relating to vehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2145, as introduced, Linder. Vehicle replacement: rebates.
Existing law requires the State Air Resources Board, in
consultation with the Bureau of Automotive Repair, to adopt a
program, known as the enhanced fleet modernization program, that
allows for the voluntary retirement of passenger vehicles and
light-duty and medium-duty trucks that are high polluters.
The Charge Ahead California Initiative, administered by the state
board, includes goals of, among other things, placing in service at
least 1,000,000 zero-emission and near-zero-emission vehicles by
January 1, 2023, and increasing access for disadvantaged, low-income,
and moderate-income communities and consumers to zero-emission and
near-zero-emission vehicles.
Existing law, for the purposes of calculating the vehicle license
fee, requires the Department of Motor Vehicles to determine the
market value of the vehicle on the basis of the cost price to the
purchaser, not including California sales or use tax or any local
sales, transactions, use, or other local tax, as specified.
This bill, for the purpose of calculating the vehicle license fee,
would authorize the amount of compensation provided to a low-income
motor vehicle owner under the enhanced fleet modernization program to
be deducted from the motor vehicle's price, as specified. The bill
would require the state board to develop a standardized certificate
for issuance to recipients of compensation that states the amount of
compensation received, and would require the Department of Motor
Vehicles to adjust the motor vehicle's price accordingly, upon
submission of that certificate to the department by the vehicle
owner.
This bill would also, for the purpose of calculating the vehicle
license fee, authorize the amount of a vehicle replacement rebate
provided to a low- or moderate-income purchaser under the Charge
Ahead California Initiative to be deducted from the motor vehicle's
price, as specified. The bill would require the state board to
develop a standardized certificate for issuance to low- or
moderate-income rebate recipients that states the amount of the
rebate received, and would require the Department of Motor Vehicles
to adjust the motor vehicle's price accordingly, upon submission of
that certificate to the department by the vehicle owner.
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 of the Health and Safety Code is amended
to read:
44125. (a) No later than July 1, 2009, the state board, in
consultation with the bureau, shall adopt a program to commence on
January 1, 2010, that allows for the voluntary retirement of
passenger vehicles and light-duty and medium-duty trucks that are
high polluters. The program shall be administered by the bureau
pursuant to guidelines adopted by the state board.
(b) No later than June 30, 2015, the state board, in consultation
with the bureau, shall update the program established pursuant to
subdivision (a). The program shall continue to be administered by the
bureau pursuant to guidelines updated and adopted by the state
board.
(c) The guidelines shall ensure all of the following:
(1) Vehicles retired pursuant to the program are permanently
removed from operation and retired at a dismantler under contract
with the bureau.
(2) Districts retain their authority to administer vehicle
retirement programs otherwise authorized under
by law.
(3) The program is available for high polluting passenger vehicles
and light-duty and medium-duty trucks that have been continuously
registered in California for two years prior to acceptance into the
program or otherwise proven to have been driven primarily in
California for the last two years and have not been registered in
another state or country in the last two years. The guidelines may
require a vehicle to take, complete, or pass a smog check inspection.
(4) The program is focused where the greatest air quality impact
can be identified.
(5) (A) Compensation for retired vehicles shall be at least one
thousand five hundred dollars ($1,500) for a low-income motor vehicle
owner, as defined in Section 44062.1, and no
not more than one thousand dollars ($1,000) for all other
motor vehicle owners.
(B) Replacement or a mobility option may be an option for all
motor vehicle owners and may be in addition to compensation for
vehicles retired pursuant to subparagraph (A). For low-income motor
vehicle owners, as defined in Section 44062.1, compensation toward a
replacement vehicle or mobility option shall be no less than two
thousand five hundred dollars ($2,500). Compensation toward a
replacement vehicle for all other motor vehicle owners shall not
exceed compensation for low-income motor vehicle owners.
(C) Compensation for either retired or replacement vehicles or a
mobility option for low-income motor vehicle owners may be increased
as necessary to maximize the air quality benefits of the program
while also ensuring participation by low-income motor vehicle owners,
as defined in Section 44062.1. Increases in compensation amounts may
be based on factors, including, but not limited to, the age of the
retired or replaced vehicle, the emissions benefits of the retired or
replaced vehicle, the emissions impact of any replacement vehicle,
participation by low-income motor vehicle owners, as defined in
Section 44062.1, and the location of the vehicle in an area of the
state with the poorest air quality.
(6) Cost-effectiveness and impacts on disadvantaged and low-income
populations are considered. Program eligibility may be limited on
the basis of income to ensure the program adequately serves persons
of low or moderate income.
(7) Provisions that coordinate the vehicle retirement and
replacement and mobility option components of the program with the
vehicle retirement component of the bureau's Consumer Assistance
Program, established pursuant to other provisions of this chapter, to
ensure vehicle owners participate in the appropriate program to
maximize emissions reductions.
(8) Streamlined administration to simplify participation while
protecting the accountability of moneys spent.
(9) Specific steps to ensure the vehicle replacement and mobility
option component of the program is available in areas designated as
federal extreme nonattainment.
(10) A requirement that vehicles eligible for retirement have
sufficient remaining life. Demonstration of sufficient remaining life
may include proof of current registration, passing a recent smog
check inspection, or passing another test similar to a smog check
inspection.
(d) When updating the guidelines to the program established
pursuant to subdivision (a), the state board shall study and consider
all the following elements:
(1) Methods of financial assistance other than vouchers.
(2) An option for automobile dealerships or other used car sellers
to accept cars for retirement, provided the cars are dismantled
consistent with the requirements of the program.
(3) An incentive structure with varied incentive amounts to
maximize program participation and cost-effective emissions
reductions.
(4) Increased emphasis on the replacement of high polluters with
cleaner vehicles or the increased use of public transit and car
sharing that results in the increased utilization of the vehicle
replacement and mobility option component of the program.
(5) Increased emphasis on the reduction of greenhouse gas
emissions through increased vehicle efficiency or transit and car
sharing use as a result of the program.
(6) Increased partnerships and outreach with community-based
organizations.
(e) The amount of compensation provided to a low-income motor
vehicle owner pursuant to this section may be deducted from the
replacement vehicle's price when calculating the cost price to the
purchaser pursuant to Section 10753 of the Revenue and Taxation Code.
The state board shall develop a standardized certificate for
issuance to recipients of compensation that states the amount of
compensation received. Upon submission of this certificate to the
Department of Motor Vehicles by the vehicle owner, the Department of
Motor Vehicles shall adjust the cost price to the purchaser as
authorized by this subdivision.
(e)
(f) For purposes of this section, the following terms
have the following meanings:
(1) "Car sharing" has the same definition as in Section 44258.
(2) "Mobility option" means a voucher for public transit or car
sharing.
SEC. 2. Section 44258.4 of the Health and Safety Code is amended
to read:
44258.4. (a) Any moneys utilized by this act
pursuant to this chapter from the Greenhouse Gas Reduction
Fund, established pursuant to Section 16428.8 of the Government
Code, shall be consistent with the appropriations processes and
criteria established by the Greenhouse Gas Reduction Fund Investment
Plan and Communities Revitalization Act (Chapter 4.1 (commencing with
Section 39710) of Part 2).
(b) The Charge Ahead California Initiative is hereby established
and shall be administered by the state board. The goals of this
initiative are to place in service at least 1,000,000 zero-emission
and near-zero-emission vehicles by January 1, 2023, to establish a
self-sustaining California market for zero-emission and
near-zero-emission vehicles in which zero-emission and
near-zero-emission vehicles are a viable mainstream option for
individual vehicle purchasers, businesses, and public fleets, to
increase access for disadvantaged, low-income, and moderate-income
communities and consumers to zero-emission and near-zero-emission
vehicles, and to increase the placement of those vehicles in those
communities and with those consumers to enhance the air quality,
lower greenhouse gases, and promote overall benefits for those
communities and consumers.
(c) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, districts, and the
public, shall do all of the following:
(1) (A) Include, commencing with the Air Quality Improvement
Program funding plan for the 2016-17 fiscal year, a funding plan that
includes the immediate fiscal year and a forecast of estimated
funding needs for the subsequent two fiscal years commensurate with
meeting the goals of this chapter. Funding needs may be described as
a range that identifies the projected high and low funding levels
needed for the two-year forecast period to contribute to technology
advancement, market readiness, and consumer acceptance of zero- and
near-zero-emission vehicle technologies. The funding plan shall
include a market and technology assessment for each funded zero- and
near-zero-emission vehicle technology to inform the appropriate
funding level, incentive type, and incentive amount. The forecast
shall include an assessment of when a self-sustaining market is
expected and how existing incentives may be modified to recognize
expected changes in future market conditions.
(B) Projects included in the forecast may include, but are not
limited to, any of the following:
(i) The Clean Vehicle Rebate Project, established pursuant to
Section 44274.
(ii) Light-duty zero-emission and near-zero-emission vehicle
deployment projects eligible under the Alternative and Renewable Fuel
and Vehicle Technology Program, established pursuant to Article 2
(commencing with Section 44272) of Chapter 8.9.
(iii) Programs adopted pursuant to paragraph (4).
(2) Update the plan required pursuant to paragraph (1) at least
every three years through January 1, 2023.
(3) No later than June 30, 2015, adopt revisions to the criteria
and other requirements for the Clean Vehicle Rebate Project,
established pursuant to Section 44274, to ensure the following:
(A) Rebate levels can be phased down in increments based on
cumulative sales levels as determined by the state board.
(B) (i) Eligibility is limited based on
income.
(ii) For applicants classified as low or moderate income under the
criteria adopted pursuant to this paragraph, the amount of the
rebate may be deducted from the motor vehicle's price when
calculating the cost price to the purchaser pursuant to Section 10753
of the Revenue and Taxation Code. The state board shall develop a
standardized certificate for issuance to low- or moderate-income
rebate recipients that states the amount of the rebate received. Upon
submission of this certificate to the Department of Motor Vehicles
by the vehicle owner, the Department of Motor Vehicles shall adjust
the cost price to the purchaser as authorized by this clause.
(C) Consideration of the conversion to prequalification and
point-of-sale rebates or other methods to increase participation
rates.
(4) (A) Establish programs that further increase access to and
direct benefits for disadvantaged, low-income, and moderate-income
communities and consumers from electric transportation, including,
but not limited to, any of the following:
(i) Financing mechanisms, including, but not limited to, a loan or
loan-loss reserve credit enhancement program to increase consumer
access to zero-emission and near-zero-emission vehicle financing and
leasing options that can help lower expenditures on transportation
and prequalification or point-of-sale rebates or other methods to
increase participation rates among low- and moderate-income
consumers.
(ii) Car sharing programs that serve disadvantaged communities and
utilize zero-emission and near-zero-emission vehicles.
(iii) Deployment of charging infrastructure in multiunit dwellings
in disadvantaged communities to remove barriers to zero-emission and
near-zero-emission vehicle adoption by those who do not live in
detached homes. This clause does not preclude the Public Utilities
Commission from acting within the scope of its jurisdiction.
(iv) Additional incentives for zero-emission, near-zero-emission,
or high-efficiency replacement vehicles or a mobility option
available to participants in the enhanced fleet modernization
program, established pursuant to Article 11 (commencing with Section
44125) of Chapter 5.
(B) Programs implemented pursuant to this paragraph shall provide
adequate outreach to disadvantaged, low-income, and moderate-income
communities and consumers, including partnering with community-based
organizations.
