SECTIONS 44125-44126 - California Statutes

HEALTH AND SAFETY CODE

SECTION 44125-44126

44125. (a) No later than July 1, 2009, the state board, in
consultation with the Bureau of Automotive Repair (BAR), 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 BAR pursuant to guidelines adopted by the state
board.
(b) 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 BAR.
(2) Districts retain their authority to administer vehicle
retirement programs otherwise authorized under 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.
(4) The program is focused where the greatest air quality impact
can be identified.
(5) Compensation for retired vehicles shall be one thousand five
hundred dollars ($1,500) for a low-income motor vehicle owner, as
defined in Section 44062.1, and one thousand dollars ($1,000) for all
other motor vehicle owners. The department may pay a motor vehicle
owner more than these amounts based on factors including, but not
limited to, the age of the vehicle, the emission benefits of the
vehicle's retirement, the emission impact of any replacement vehicle,
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.

44126. The Enhanced Fleet Modernization Subaccount is hereby
created in the High Polluter Repair or Removal Account. All moneys
deposited in the subaccount shall be available to the department and
the BAR, upon appropriation by the Legislature, to establish and
implement the program created pursuant to this article.