Health and Safety Code — Part 72 | HSC — United States — California law | Esheria

Health and Safety Code

Part 72 of 87 · provisions 14,201–14,400

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 44080.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. )

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    The Legislature states that a small number of vehicles cause a large share of California’s air pollution and that repair, inspection, and enforcement tools may help reduce emissions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. ) ## 44080. The Legislature finds and declares as follows: (a) California’s air is the most polluted in the nation and the largest source of that pollution is automobiles. (b) California has the most stringent new car emission standards in the nation as well as a vehicle inspection (smog check) program that result in most cars producing very little pollution. (c) A small percentage of automobiles cause a disproportionate and significant amount of the air pollution in California. (d) These gross polluters are primarily vehicles in which the emission control equipment has been disconnected or which are very poorly maintained. (e) New technologies, such as remote sensing, can identify gross polluters on the roads, enabling law enforcement authorities to stop, inspect, and cite vehicles with disconnected emission control equipment, and can promote the development of incentives for the repair of other high-emitting vehicles. (f) Requiring owners to reconnect emission control equipment and developing incentives for needed maintenance on high-emitting vehicles may be cost-effective methods to reduce emissions and help achieve air quality standards in many districts. (Added by Stats. 1992, Ch. 972, Sec. 1. Effective January 1, 1993.)
  2. 44081.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. )

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    The department must set up roadside emissions auditing and an out-of-cycle testing and repair program for gross polluters, with notice, fees, and repair/compliance requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. ) ## 44081. (a) (1) The department, in cooperation with the state board, shall institute procedures for auditing the emissions of vehicles while actually being driven on the streets and highways of the state. The department may undertake those procedures itself or seek a qualified vendor of these services. The primary object of the procedures shall be the detection of gross polluters. The procedures shall consist of techniques and technologies determined to be effective for that purpose by the department, including, but not limited to, remote sensing. The procedures may include pullovers for roadside emissions testing and inspection. The department shall consider the recommendations of the review committee based on the outcome of the pilot demonstration program conducted pursuant to Section 44081.6. (2) The department may additionally use other methods to identify gross polluting vehicles for out-of-cycle testing and repair. (b) The department shall, by regulation, establish a program for the out-of-cycle testing and repair of motor vehicles found, through roadside auditing, to be emitting at levels that exceed specified standards. The program shall include all of the following elements: (1) Emission standards, and test and inspection procedures and regulations, adopted in coordination with the state board, applicable to vehicles tested during roadside auditing. Emission standards for issuance of a notice of noncompliance to a gross polluter shall be designed to maximize the identification of vehicles with substantial excess emissions. (2) Procedures for issuing notices of noncompliance to owners of gross polluters, either at the time of the roadside audit, or subsequently by certified mail, or by obtaining a certificate of mailing as evidence of service, using technologies for recording license plate numbers. The notice of noncompliance shall provide that, unless the vehicle is brought to a designated test-only facility or a test-and-repair station that is both licensed and certified pursuant to Sections 44014 and 44014.2, for emissions testing within 30 days, the owner is required to pay an administrative fee of five hundred dollars ($500) to be collected by the Department of Motor Vehicles at the next annual registration renewal or the next change of ownership of the vehicle, whichever occurs first. Commencing on the 31st day after issuance of the notice of noncompliance, the fee shall accrue at the rate of five dollars ($5) per day up to the five hundred dollars ($500) maximum. (3) Procedures for the testing of vehicles identified as gross polluters by a designated test-only facility, or a test-and-repair station that is both licensed and certified pursuant to Sections 44014 and 44014.2, to confirm that the vehicle exceeds the minimum emission standard for gross polluters set by the department. (4) Procedures requiring owners of vehicles confirmed as gross polluters to have the vehicle repaired, resubmitted for testing, and obtain a certificate of compliance from a designated test-only facility, or a test-and-repair station that is both licensed and certified pursuant to Sections 44014 and 44014.2, or removed from service as attested by a certificate of nonoperation from the Department of Motor Vehicles within 30 days or be required to pay an administrative fee of not more than five hundred dollars ($500), to be collected by the Department of Motor Vehicles at the next annual registration renewal or the next change of ownership, whichever occurs first. Commencing on the 31st day after issuance of the notice of noncompliance, the fee shall accrue at the rate of five dollars ($5) per day up to the five hundred dollar ($500) maximum. The registration of a vehicle shall not be issued or renewed if that vehicle has been identified as a gross polluter and has not been issued a certificate of compliance. Except as provided in subdivision (b) of Section 9250.18 of the Vehicle Code, any revenues collected by the Department of Motor Vehicles pursuant to this subdivision and Section 9250.18 of the Vehicle Code shall be deposited in the Vehicle Inspection and Repair Fund. If the ownership of the vehicle is transferred, the administrative fee provided for in this subdivision shall be waived if the vehicle is brought into compliance. (5) A procedure for notifying the Department of Motor Vehicles of notices of noncompliance issued, so that the Department of Motor Vehicles may provide effective collection of the administrative fee. The Department of Motor Vehicles shall cooperate with, and implement the requirements of, the department in that regard. (c) The department may adopt any other regulations necessary for the effective implementation of this section, as determined by the department. (d) Upon the request of the department, the Department of the California Highway Patrol shall provide assistance in conducting roadside auditing, to consist of (1) the stopping of vehicles and traffic management, and (2) the issuance of notices of noncompliance to gross polluters. The department shall reimburse the Department of the California Highway Patrol for its costs of providing those services. The Department of Transportation and affected local agencies shall provide necessary assistance and cooperation to the department in the operation of the program. (e) There shall be no repair cost limit imposed pursuant to Section 44017 for any repairs that are required to be made under the roadside auditing program, except as provided in Section 44017. (f) This section does not apply to vehicles operating under a valid repair cost waiver or economic hardship extension issued pursuant to Section 44015. (Amended by Stats. 2002, Ch. 1001, Sec. 7. Effective January 1, 2003.)
  3. 44081.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. )

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    This section requires state agencies and the EPA to run a pilot emissions-testing program, make agreements and contracts, support the program, and set testing procedures; selected vehicle owners must present vehicles for testing and may face repair and fee requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. ) ## 44081.6. (a) The California Environmental Protection Agency, the state board, and the department, in cooperation with, and with the participation of, the Environmental Protection Agency, shall jointly undertake a pilot demonstration program to do all of the following: (1) Determine the emission reduction effectiveness of alternative loaded mode emission tests compared to the IM240 test. (2) Quantify the emission reductions, above and beyond those required by Environmental Protection Agency regulation or by the biennial test requirement, achievable from a remote sensing-based program that identifies gross polluting and other vehicles and requires the immediate repair and retest of those gross polluting vehicles at a test-only station established by this chapter. (3) Determine if high polluting vehicles can be identified and directed to test-only stations using criteria other than, or in addition to, age and model year, and whether this reduces the number of vehicles which would otherwise be subject to inspection at test-only stations. (4) Qualify emission reductions above and beyond those that are required by the regulations of the Environmental Protection Agency, achievable from other program enhancements pursuant to this chapter. (5) Determine the extent to which the capacity of the test-only station network established pursuant to Section 44010.5 needs to be expanded to comply with Environmental Protection Agency performance standards. (b) The California Environmental Protection Agency shall enter into a memorandum of agreement with the Environmental Protection Agency to establish the protocol for the pilot demonstration program. The memorandum of agreement shall ensure, to the extent possible, that the Environmental Protection Agency will accept the results of the pilot demonstration program as the findings of the Administrator of the Environmental Protection Agency. The pilot demonstration program shall be conducted pursuant to the memorandum of agreement. (c) The review committee established pursuant to Section 44021 shall review the protocol for the pilot demonstration program, as established in the signed memorandum of agreement, and recommend any modification that the review committee finds to be appropriate for the pilot demonstration program. Any such modification shall become effective only upon the written agreement of the California Environmental Protection Agency and the Environmental Protection Agency. (d) The department shall contract, on behalf of the committee, with an independent entity to ensure quality control in the collection of data pursuant to the pilot demonstration program. The department shall also contract, on behalf of the committee, for an independent analysis of the data produced by the pilot demonstration program. (e) Any contract entered into pursuant to this section shall not be subject to any restrictions that are applicable to contracts in the Government Code or in the Public Contract Code. (f) To the extent possible, the pilot demonstration program shall be conducted using equipment, facilities, and staff of the state board, the department, and the Environmental Protection Agency. (g) The pilot demonstration program shall provide for, but not be limited to, all of the following: (1) For the purposes of this section, any vehicle subject to the inspection and maintenance program may be selected to participate in the pilot demonstration program regardless of when last inspected pursuant to this chapter. (2) Registered owners of vehicles selected to participate in the pilot demonstration program shall make the vehicle available for testing within a time period and at a testing facility designated by the department. If necessary, the department shall increase the capacity of the existing referee network in the area or areas where the pilot demonstration program will be operating, in order to accommodate the convenient testing of selected vehicles. (3) If the department finds that a vehicle is emitting excessive emissions, the vehicle owner shall be required to make necessary repairs within the existing cost limits and return to a testing facility designated by the department. The vehicle owner shall have additional repairs made if the repairs are requested and funded by the department. The department shall also fund the cost of any necessary repairs if the owner of the vehicle has, within the last two years, already paid for emissions-related repairs to the same vehicle in an amount at least equal to the existing cost limits, in order to obtain a certificate of compliance or an emission cost waiver. (4) Vehicle owners who fail to bring the vehicle in for inspection or fail to have repairs made pursuant to this section shall be issued notices of noncompliance. The notice shall provide that, unless the vehicle is brought to a designated testing facility for testing, or repair facility for repairs, within 15 days of notice of the requirement, the owner will be required to pay an administrative fee of not more than five dollars ($5) a day, not to exceed two hundred fifty dollars ($250), to be collected by the Department of Motor Vehicles at the next annual registration renewal or the next change of ownership of the vehicle, whichever occurs first. Commencing on the 31st day after issuance of the notice of noncompliance, the fee shall accrue at the rate of five dollars ($5) per day up to the two hundred fifty dollars ($250) maximum. Except as provided in subdivision (b) of Section 9250.18 of the Vehicle Code, any revenues collected by the Department of Motor Vehicles pursuant to this subdivision and Section 9250.18 of the Vehicle Code shall be deposited into the Vehicle Inspection and Repair Fund by the Department of Motor Vehicles. (h) The Department of Motor Vehicles, the Department of Transportation, local agencies, and the state board shall provide necessary support for the program established pursuant to this section. (i) As soon as possible after the effective date of this section, the department and the state board shall develop, implement, and revise as needed, emissions test procedures and emissions standards necessary to conduct the pilot demonstration program. (Amended by Stats. 2012, Ch. 728, Sec. 94. (SB 71) Effective January 1, 2013.)
  4. 44084.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. )

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    A district may, on or after March 1, 1993, create programs to identify gross polluters and other high-emitting vehicles and offer incentives for repair or scrapping.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. ) ## 44084. In addition to other programs authorized in this article, a district may, on or after March 1, 1993, establish programs to identify gross polluters and other high-emitting vehicles whose emissions could be reduced by repair, using remote sensors or other methods, and to provide financial incentives to encourage the repair or scrapping of these vehicles as a method of reducing mobile source emissions for the purposes of Section 40914. The programs authorized by this section are not intended to impose additional emission reduction requirements, but instead are intended to provide more cost-effective alternative methods to meet existing requirements. (Added by Stats. 1992, Ch. 972, Sec. 1. Effective January 1, 1993.)
  5. 44085.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. )

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    Districts may set up procedures to generate marketable emission reduction credits from certain Section 44084 programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. ) ## 44085. Districts may establish procedures to generate marketable emission reduction credits from programs established pursuant to Section 44084. Emission reduction credits generated pursuant to this section may be used to meet or offset transportation control requirements, average vehicle ridership reductions, or other mobile source emission requirements, as determined by the district. (Amended by Stats. 1996, Ch. 124, Sec. 75. Effective January 1, 1997.)
  6. 44086.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. )

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    Each district must consider relative cost-effectiveness when establishing, reviewing, or updating the relevant plan.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 8. Gross Polluters [44080 - 44086] ( Article 8 added by Stats. 1992, Ch. 972, Sec. 1. ) ## 44086. Each district shall, in establishing, reviewing, or updating the plan required by Chapter 10 (commencing with Section 40910) of Part 3, consider the relative cost-effectiveness of the programs authorized in this article compared to other control measures under consideration. (Added by Stats. 1992, Ch. 972, Sec. 1. Effective January 1, 1993.)
  7. 44090.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

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    This section defines “Account” and “High polluter” for the article.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Amended by Stats. 2006, Ch. 538, Sec. 406. Effective January 1, 2007.)
  8. 44091.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

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    This section creates a High Polluter Repair or Removal Account and lets the department use and receive funds for high-polluter repair, replacement, retirement, and related program work when the Legislature appropriates the money.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Amended by Stats. 2004, Ch. 230, Sec. 9. Effective August 16, 2004.)
  9. 44091.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

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    This section directs how specified motor vehicle fee revenues must be split and deposited into named funds and programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 44091.1. (a) Revenue from the fee specified in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be allocated as follows: (1) 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. (2) (A) Except as provided for in subparagraph (B), 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 and may be expended, upon appropriation, for, among other things, the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program pursuant to Article 3 (commencing with Section 44274) of Chapter 8.9. (B) All revenue generated by the remaining six dollars ($6) of the fee described in this paragraph 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. (b) (1) Twenty-one dollars ($21) of the amount of the fee specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 44060 shall be deposited into 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)). (2) Four dollars ($4) of the amount of the fee specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 44060 shall be deposited into the Vehicle Inspection and Repair Fund to offset the reduction in revenues collected pursuant to Section 44060 caused by the exemption provided pursuant to Section 44011 for vehicles that are seven- and eight-model years old. (Amended by Stats. 2017, Ch. 633, Sec. 4. (AB 1274) Effective October 10, 2017.)
  10. 44091.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

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    The Legislature says repair assistance and voluntary vehicle retirement programs should not be funded with General Fund money if a specified impact fee is ruled unconstitutional or cannot be imposed or collected by certain courts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Added by Stats. 1999, Ch. 67, Sec. 17. Effective July 6, 1999.)
  11. 44092.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

    Verify source ↗

    The high-polluter repair or removal program must be designed to repair or remove certain registered motor vehicles with high emissions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Amended by Stats. 1995, Ch. 929, Sec. 5. Effective January 1, 1996.)
  12. 44093.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

    Verify source ↗

    The program is to be designed to provide repair cost assistance to qualified low-income motor vehicle owners whose vehicles need repairs to obtain a certificate of compliance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Amended by Stats. 1995, Ch. 91, Sec. 94. Effective January 1, 1996.)
  13. 44094.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

    Verify source ↗

    Participation in the high polluter repair or removal program is voluntary for qualifying owners, and the department can pay part of repair costs or authorize retirement payments under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Amended by Stats. 2006, Ch. 761, Sec. 6. Effective January 1, 2007.)
  14. 44095.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

    Verify source ↗

    The department must administer the program under its regulations, and the state board must develop and carry out a uniform data analysis. The department may also run the program itself or arrange for others to operate it by agreement.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Amended by Stats. 2009, Ch. 307, Sec. 104. (SB 821) Effective January 1, 2010.)
  15. 44096.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. )

    Verify source ↗

    The state board must review and assess the cost-effectiveness of certain emissions reduction devices for light-duty motor vehicles, share the results with the department and districts, and use those results when deciding whether a device is cost-effective.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 9. Repair or Removal of High Polluters [44090 - 44096] ( Article 9 added by Stats. 1994, Ch. 28, Sec. 2. ) ## 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. (Added by Stats. 1999, Ch. 209, Sec. 1. Effective January 1, 2000.)
  16. 44100.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    This section sets policy principles for an accelerated vehicle retirement program and requires the program design to produce real, quantifiable emission reductions, avoid double counting, and monitor tampering.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44100. The Legislature hereby finds and declares as follows: (a) Emission reduction programs based on market principles have the potential to provide equivalent or superior environmental benefits when compared to existing controls at a lower cost to the citizens of California than traditional emission control requirements. (b) Several studies have demonstrated that a small percentage of light-duty vehicles contribute disproportionately to the on-road emissions inventory. Programs to reduce or eliminate these excess emissions can significantly contribute to the attainment of the state’s air quality goals. (c) Programs to accelerate fleet turnover can enhance the effectiveness of the state’s new motor vehicle standards by bringing more low-emission vehicles into the on-road fleet earlier. (d) The California State Implementation Plan for Ozone (SIP), adopted November 15, 1994, and submitted to the Environmental Protection Agency, calls for added reductions in reactive organic gases (ROG) and oxides of nitrogen (NOx) from light-duty vehicles by the year 2010. One of the more market-oriented approaches reflected in the SIP, known as the M-1 strategy, calls for accelerating the retirement of older light-duty vehicles in the South Coast Air Quality Management District to achieve the following emission reductions: Emissions, TPD (tons per day) Year (ROG + NOx) 1999 9 2002 14 2005 20 2007 22 2010 25 (e) A program for achieving those and more emission reductions should be based on the following principles: (1) If the program receives adequate funding, the first two years should include a thorough assessment of the costs and short-term and long-term emission reduction benefits of the program, compared with other emission reduction programs for light-duty vehicles, which shall be reflected in recommendations by the state board to the Governor and the Legislature on strategies and funding needs for meeting the emission reduction requirements of the M-1 strategy of the 1994 SIP for the years 1999 to 2010, inclusive. (2) The program should first contribute to the achievement of the emission reductions required by the inspection and maintenance program and the M-1 strategy of the 1994 SIP, and should permit the use of mobile source emission reduction credits for other purposes currently authorized by the state board or a district. Remaining credits may be used to achieve other emission reductions, including those required by the 1994 SIP, in a manner consistent with market-based strategies. Emission credits shall not be used to offset emission standards or other requirements for new vehicles, except as authorized by the state board. (3) Participation by the vehicle owner shall be entirely voluntary and the program design should be sensitive to the concerns of car collectors and to consumers for whom older vehicles provide affordable transportation. (4) The program design shall provide for real, surplus, and quantifiable emission reductions, based on an evaluation of the purchased vehicles, taking into account factors that include per-mile emissions, annual miles driven, remaining useful life of retired vehicles, and emissions of the typical or average replacement vehicle, as determined by the state board. The program shall ensure that there is no double counting of emission credits among the various vehicle removal programs. (5) The program should specify the emission reductions required and then utilize the market to ensure that these reductions are obtained at the lowest cost. (6) The program should be privately operated. It should utilize the experience and expertise gained from past successful programs. Existing entities that are authorized by, contracted with, or otherwise sanctioned by a district and approved by the state board and the United States Environmental Protection Agency shall be fully utilized for purposes of implementing this article. Nothing in this paragraph restricts the Department of Consumer Affairs from selecting qualified contractors to operate or administer any program specified pursuant to this chapter. (7) The program should be designed insofar as possible to eliminate any benefit to any participants from vehicle tampering and other forms of cheating. To the extent that tampering and other forms of cheating might be advantageous, the program design shall include provisions for monitoring the occurrence of tampering and other forms of cheating. (8) Emission credits should be expressed in pounds or other units, and their value should be set by the marketplace. Any contract between a public entity and a private party for the purchase of emission credits should be based on a price per pound which reflects the market value of the credit at its time of purchase. Emission reductions required by the M-1 and other strategies of the 1994 SIP shall be accomplished by competitive bid among private businesses solicited by the oversight agency designated pursuant to Section 44105. (Amended by Stats. 2012, Ch. 728, Sec. 95. (SB 71) Effective January 1, 2013.)
  17. 44101.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The state board must adopt a statewide program by regulation no later than December 31, 1998.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44101. Not later than December 31, 1998, the state board shall adopt, by regulation, a statewide program to commence in 1999 that does all of the following: (a) Provides for the creation, exchange, use, and retirement of light-duty vehicle mobile source emission reduction credits. The credits shall be fungible and exchangeable in the marketplace, and shall reflect the actual emissions of the vehicles that are retired or otherwise disposed of, by measurement, appropriate sampling, or correlations developed from appropriate sampling. The numerical value of credits may be constant over a defined lifetime, or may decline with age measured from the time of origination of the credits. In all cases, the numerical value of the credits shall reflect the useful life expectancies and the projected in-use emissions of the retired vehicles in a manner consistent with the assumptions used in determining the emissions inventory. The credits shall be fully recognized by the United States Environmental Protection Agency, the state board, and the districts. (b) Sets out the criteria for retiring or otherwise disposing of high-emitting vehicles purchased for this program. (c) Authorizes the issuance of those credits to private entities that purchase and properly retire high-emitting vehicles. (d) Authorizes the resale of those credits to public or private entities to be used to achieve the emission reduction requirements of the 1994 state implementation plan, meet the requirements of the inspection and maintenance program, satisfy compliance with other emission reduction mandates, as determined by the district or the state board, create local growth allowances, or satisfy new or modified source emission offset requirements. Nothing in this article limits a district’s authority to apply emission discount factors pursuant to district rules that regulate emissions banks, trades, or offsets. (e) Provides for the retirement of those credits when used. (f) Includes accounting procedures to credit emissions reductions achieved through vehicle scrappage to the M-1 strategy of the 1994 SIP and the inspection and maintenance program. (g) Contains a program plan pursuant to Section 44104.5. (h) Satisfies the attributes described in subdivision (e) of Section 44100. (Amended by Stats. 1997, Ch. 802, Sec. 10. Effective January 1, 1998.)
  18. 44102.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The state board, the Department of Motor Vehicles, and the department must align this program’s requirements and implementation with related inspection and high-polluter programs, as far as practicable.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44102. (a) The state board, the Department of Motor Vehicles, and the department shall harmonize the requirements and implementation of this program with the motor vehicle inspection program and other programs contained in this chapter, particularly the provisions relating to gross polluters in Article 8 (commencing with Section 44080) and the repair or removal of high polluters in Article 9 (commencing with Section 44090). (b) Insofar as practicable, these programs shall be seamless to the participants and the public. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  19. 44103.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The program must do two things: let the Department of Motor Vehicles send program notices at the request of vehicle buyers/retirers, and allow nonrevivable junk certificates for retired vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44103. Notwithstanding any other provision of law, the program shall also do both of the following: (a) Authorize the Department of Motor Vehicles, at the request of persons engaged in the purchase and retirement of vehicles under the program, to send notices to vehicle owners who are candidates for the sale of vehicles under the program describing the opportunity to participate in the program. The Department of Motor Vehicles may recover all costs of those notifications from the requesting party or parties. (b) Allow the issuance of nonrevivable junk certificates for vehicles retired under the program, which shall allow program vehicles to be scrapped only for parts, except those parts identified pursuant to subdivision (a) of Section 44120. (Amended by Stats. 1996, Ch. 1088, Sec. 12. Effective September 30, 1996.)
  20. 44104.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The state board and the department must seek federal funds and other funding sources for the program, and administrative spending is capped at $3 million over the first three years.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44104. (a) Funds shall be available to the state board from the High Polluter Repair or Removal Account created pursuant to subdivision (a) of Section 44091. Those funds shall be used to perform the rulemaking, vehicle testing, and other technical work necessary to achieve the objectives set forth in Sections 44101 and 44104.5. Those administrative expenditures shall not exceed a total of three million dollars ($3,000,000) over the first three years of the program. (b) Funds available to the state board pursuant to paragraph (1) of subdivision (d) of Section 44091 shall be used to purchase and retire mobile source emission reduction credits resulting from the retirement of light-duty vehicles pursuant to this article for the purpose of achieving the emission reductions required by the M-1 strategy of the 1994 SIP. If offers from authorized private scrapping entities are deemed, by the department, consistent with the criteria set forth in Section 44101, to be noncompetitive in cost-effectiveness, in terms of dollars per ton of emissions reduced, the department shall directly purchase vehicles from owners in order to achieve the greatest reduction in emissions at the least cost. If these purchases, in turn, are deemed by the department to be not cost-competitive, in terms of dollars per ton of emissions reduced, with other strategies identified by the state board, the department shall use the funds to pursue other more cost-effective strategies identified by the state board. All emission reduction credits purchased with the funds described in this paragraph shall be retired and credited to the M-1 strategy of the 1994 SIP. (c) This article shall not create an obligation on the part of any state or local agency to expend money, incur substantial administrative costs, or purchase credits to meet the M–1 requirements of the 1994 State Implementation Plan until the Director of Finance certifies that there are sufficient funds in the High Polluter Repair or Removal Account for purposes of the article. (d) This article shall not create an obligation to use existing funds that are currently used to meet other air quality mandates, including funds collected pursuant to Sections 44223, 44225, 44227, and 44243, for purchasing credits to satisfy the M-1 or other strategies of the 1994 SIP. (e) The state board and the department shall seek federal funds to be deposited in the High Polluter Repair or Removal Account, and shall explore the availability of other funding sources, such as private contributions, the Petroleum Violation Escrow Account, and proceeds from fees, fines, or other penalties resulting from fuel specification violations. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  21. 44104.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    This section requires the program plan to guide the first two years, evaluate results, and make recommendations, and requires the state board to issue progress reports every two years if funding is adequate.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44104.5. (a) The regulations adopted pursuant to subdivision (a) of Section 44101 shall include a plan to guide the execution of the first two years of the program, to assess the results, and to formulate recommendations. The plan shall also verify whether the light-duty vehicle scrapping program included in the state implementation plan adopted on November 15, 1994, can reasonably be expected to yield the required emissions reductions at reasonable cost-effectiveness. Scrapping of any vehicles under this program for program development or testing or for generating emission reductions to be credited against the M-1 strategy of the 1994 SIP may proceed before the state board adopts the regulations pursuant to subdivision (a) of Section 44101 or the plan required by this subdivision. The emission credits assigned to these vehicles shall be adjusted as necessary to ensure that those credits are consistent with the credits allowed under the regulations adopted pursuant to Section 44101. The plan shall include a baseline study, for the geographical area or areas representative of those to be targeted by this program and by measure M-1 in the SIP, of the current population of vehicles by model year and market value and the current turnover rate of vehicles, and other factors that may be essential to assessing program effectiveness, cost-effectiveness, and market impacts of the program. (b) At the end of each of the two calendar years after the adoption of the program plan, if the program receives adequate funding, the state board, in consultation with the department, shall adopt and publish a progress report evaluating each year of the program. These reports shall address the following topics for those vehicles scrapped to achieve both the M-1 SIP objectives and those vehicles scrapped or repaired to generate mobile-source emission reduction credits used for other purposes: (1) The number of vehicles scrapped or repaired by model year. (2) The measured emissions of the scrapped or repaired vehicles tested during the report period, using suitable inspection and maintenance test procedures. (3) Costs of the vehicles in terms of amounts paid to sellers, the costs of repair, and the cost-effectiveness of scrappage and repair expressed in dollars per ton of emissions reduced. (4) Administrative and testing costs for the program. (5) Assessments of the replacement vehicles or replacement travel by model year or emission levels, as determined from interviews, questionnaires, diaries, analyses of vehicle registrations in the study region, or other methods as appropriate. (6) Assessments of the net emission benefits of scrapping in the year reported, considering the scrapped vehicles, the replacement vehicles, the effectiveness of repair, and other effects of the program on the mix of vehicles and use of vehicles in the geographic area of the program, including in-migration of other vehicles into the area and any tendencies to increased market value of used vehicles and prolonged useful life of existing vehicles, if any. (7) Assessments of whether the M-1 strategy of the 1994 SIP can reasonably be expected to yield the required emission reductions. (Amended by Stats. 2012, Ch. 728, Sec. 96. (SB 71) Effective January 1, 2013.)
  22. 44105.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The program must be set up as a privately operated program overseen by a state agency designated by the Governor.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44105. The regulations shall specify that the program shall be operated as a privately operated program under the oversight of a state agency to be designated by the Governor. In consultation with the districts and interested parties, the state oversight agency shall be responsible for the implementation of the program, including the following: (a) Solicitation and analysis of public comments on the overall program goals, objectives, and design. (b) Development of the program structure. (c) Overall quality control, including verifying emission reductions and certification of the emission reduction credits. (d) Definition of terms such as “high emitter,” “collector interest vehicles,” and “nonrevivable junk certificates.” (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  23. 44106.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The program must build in anti-fraud controls, including monitoring and preventing tampering or cheating and addressing avoidance vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44106. The program shall include provisions for monitoring and preventing all forms of tampering or other forms of cheating, and shall effectively address “avoidance vehicles” such as nonregistered vehicles and vehicles lacking a sufficient inspection and maintenance history. If fraud is detected, the program shall include provisions for suspending all new transactions with the entity suspected of fraud until problems are corrected and revaluing all credits used to meet the emissions reduction requirements. Contracts with authorized entities shall include remedies in cases of fraud. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  24. 44107.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The program must discourage tampering and cheating, and must effectively address avoidance vehicles such as nonregistered vehicles and vehicles without sufficient inspection and maintenance history.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44107. The program shall discourage tampering and other forms of cheating, and effectively address “avoidance vehicles,” such as nonregistered vehicles and vehicles lacking a sufficient inspection and maintenance history. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  25. 44109.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The program must use appropriate ways to solicit vehicle owners, and it may include high-emitting vehicles using smog check, remote sensing, or high-emitter profile information.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44109. The program shall include appropriate means to solicit vehicle owners, including mass mailings, media advertising, news coverage, and direct mail to owners of candidate vehicles, and may include high-emitting vehicles based on smog check or remote sensing or high-emitter profile information. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  26. 44115.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The program must make vehicle purchase transactions convenient for vehicle owners and use advance screening to reasonably confirm vehicle eligibility.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44115. The program shall ensure that vehicle purchase transactions are convenient to vehicle owners, including advance screening to reasonably assure that vehicles qualify for the program. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  27. 44120.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    Vehicles in this program must be disposed of in line with state board guidance and Vehicle Code rules, may be traded or resold by licensed dismantlers or other appropriate parties, and special collector vehicles may be resold to the public.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44120. Vehicle disposal under the program shall be consistent with appropriate state board guidance and provisions of the Vehicle Code dealing with vehicle disposal and parts reuse, and shall do both of the following: (a) Allow for trading, sale, and resale of the vehicles between licensed auto dismantlers or other appropriate parties to maximize the salvage value of the vehicles through the recycling, sales, and use of parts of the vehicles, consistent with the Vehicle Code and appropriate state board guidelines. (b) Set aside and resell to the public any vehicles with special collector interest. No emission reduction credit shall be generated for vehicles that are resold to the public. Vehicles acquired for their collector interest shall be properly repaired to meet minimum established vehicle emission standards before reregistration, unless the vehicle is sold with a nonrepairable vehicle certificate or a nonrevivable junk certificate. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  28. 44121.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    The state board must develop standards for certifying and using emission reduction credits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44121. The state board shall develop standards for the certification and use of emission reduction credits to ensure that the credits are real, surplus, and quantifiable after accounting for program uncertainties. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  29. 44122.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. )

    Verify source ↗

    Emission reductions from retired vehicles must be quantified using specified methods, including testing, sampling, modeling, mileage estimates, record checks, and annual surveys.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program [44100 - 44122] ( Article 10 added by Stats. 1995, Ch. 929, Sec. 7. ) ## 44122. Emission reductions achieved from retired vehicles shall be quantified as follows: (a) Vehicle emissions shall be based on either direct testing, statistical sampling, or emission modeling methods. Sampling of a statistically significant portion of the vehicles may be used to estimate emission benefits or to develop and validate correlations for use in estimating emission benefits. (b) A reasonably reliable mechanism shall be applied to estimate vehicle miles traveled and the remaining useful life of each purchased vehicle. The odometer reading shall be matched on each purchased vehicle with the records of the Department of Motor Vehicles and smog check records to verify driving history, or statistical data shall be used to estimate vehicle use. (c) An annual survey shall be performed of a statistically meaningful number of participants to determine replacement vehicle and post-participation behavior and also to determine the extent, if any, of in-migration of low-cost vehicles due to price increases in the scrapping market area resulting from the scrap program. (Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
  30. 44124.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. )

    Verify source ↗

    This section defines several terms used in Article 11 of the Enhanced Fleet Modernization Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. ) ## 44124. For purposes of this article, the following terms have the following meanings: (a) “Car sharing” has the same meaning as in Section 44258. (b) “Clean Cars 4 All” means the Clean Cars 4 All Program established pursuant to Section 44124.5. (c) “Disadvantaged community” means a community identified pursuant to Section 39711. (d) “High polluter” has the same meaning as in Section 44090. (e) “Low-income state resident” or “low-income motor vehicle owner” has the same meaning as the definition of “low-income motor vehicle owner” in Section 44062.1. (f) “Mobility option” means a voucher for public transit, car sharing, bike sharing, or electric bicycles. (g) “Program” means the enhanced fleet modernization program established pursuant to subdivision (a) of Section 44125. (Amended by Stats. 2019, Ch. 271, Sec. 1. (SB 400) Effective January 1, 2020.)
  31. 44124.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. )

    Verify source ↗

    The state board administers the Clean Cars 4 All Program and must set goals, take implementation steps, coordinate outreach, update guidelines, and ensure incentives follow Section 44258.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. ) ## 44124.5. (a) The Clean Cars 4 All Program is hereby established and is to be administered by the state board to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option. (b) Beginning in the 2018–19 fiscal year, and every fiscal year thereafter, the state board shall set specific, measurable goals for the replacement of passenger vehicles and light- and medium-duty trucks that are high polluters. (c) The state board shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for Clean Cars 4 All no later than January 1, 2019. (d) The regulation implementing this section shall ensure all of the following: (1) Where applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (2) The state board shall coordinate with districts and local nonprofit and community organizations, prioritizing those organizations that have a strong and ongoing local presence in areas within the district, to identify barriers to accessing Clean Cars 4 All and to develop outreach protocols and metrics to assess the success of outreach across the districts. (3) The replacement or a mobility option is consistent with paragraph (6) of subdivision (d) of Section 44125. (4) Provisions enhance the prescreening of applicants to Clean Cars 4 All, if determined by the state board to be appropriate. (5) By January 1, 2025, all hybrid vehicles purchased using an incentive are capable of plug-in charging. (e) The state board shall ensure that incentives awarded under the Clean Cars 4 All Program are awarded in accordance with Section 44258.7. (Amended by Stats. 2022, Ch. 375, Sec. 2.5. (SB 1382) Effective January 1, 2023.)
  32. 44125.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. )

    Verify source ↗

    The state board must create and update a vehicle retirement program, and the bureau must administer it under board guidelines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. ) ## 44125. (a) (1) 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. (2) No later than July 1, 2019, the state board shall update the guidelines for the program established pursuant to this subdivision to make applicable to light-duty pickup trucks the same standard for miles per gallon that is applicable to minivans. This subdivision shall apply to only purchasers who are retiring a light-duty pickup truck. (b) Beginning in the 2018–19 fiscal year, and every fiscal year thereafter, the state board, in consultation with the bureau, shall set specific, measurable goals for the retirement of passenger vehicles and light- and medium-duty trucks that are high polluters. (c) (1) The state board, in consultation with the bureau, shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for both the program and Clean Cars 4 All no later than January 1, 2019. (2) The program shall continue to be administered by the bureau pursuant to guidelines adopted by the state board. (d) 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 by law. (3) The program is available for high-polluter 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) The program is focused on achieving improvements to air quality and benefits to low-income state residents through the retirement of high-polluter passenger motor vehicles owned by low-income state residents. (6) (A) Compensation for retired vehicles is at least one thousand five hundred dollars ($1,500) for a low-income motor vehicle owner and 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, 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. 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, and the location of the vehicle in an area of the state with the poorest air quality. (D) (i) Each replacement vehicle in the program shall be either a plug-in hybrid or zero-emission vehicle unless the state board determines, in consultation with the State Energy Resources Conservation and Development Commission, either of the following: (I) Electric charging and refueling capabilities are inadequate for drivers whose homes are located in rural areas, multifamily housing, or other use cases deemed appropriate by the State Energy Resources Conservation and Development Commission. (II) An adequate supply of affordable plug-in hybrid and zero-emission vehicles is not available in the new or secondary markets. (ii) The state board may use the assessment prepared pursuant to Section 25229 of the Public Resources Code, and may consult with districts, to make the determination pursuant to clause (i). (7) 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. (8) Provisions 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, and Clean Cars 4 All to ensure vehicle owners participate in the appropriate program to maximize participation and emissions reductions. (9) If applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (10) Provisions enhance the prescreening of applicants to the program, if determined by the state board to be appropriate. (11) Specific steps ensure the vehicle replacement and mobility option component of the program is available in areas designated as federal extreme nonattainment. (12) A requirement that vehicles eligible for retirement have sufficient remaining life. Demonstration of sufficient remaining life may include proof of current registration, completing a recent smog check inspection, or completing another test similar to a smog check inspection. (Amended by Stats. 2023, Ch. 319, Sec. 3. (AB 126) Effective October 7, 2023.)
  33. 44125.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. )

    Verify source ↗

    The state board must collect and post specified program information on its website every year, starting no later than July 1, 2019.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. ) ## 44125.5. Beginning no later than July 1, 2019, and every year thereafter, the state board, for both the program and Clean Cars 4 All, shall collect and post on its internet website all of the following: (a) The performance of both programs relative to the goals set pursuant to subdivision (b) of Section 44124.5 and subdivision (b) of Section 44125. (b) An accounting that includes, but need not be limited to, moneys allocated to the program and Clean Cars 4 All and the expenditures of the program and Clean Cars 4 All by region. (c) A performance analysis broken down by district of the replacement and mobility options component of the program and Clean Cars 4 All to identify areas to be emphasized when setting future goals or updating the guidelines for the program and Clean Cars 4 All. The analysis shall include all of the following: (1) Whether a district implementing the replacement and mobility options component of the program or Clean Cars 4 All has a backlog or a waiting list for applicants and recommendations from the district or state board on how to eliminate the backlog or waiting list. (2) An evaluation of the funding for targeted outreach in low-income or disadvantaged communities, including whether the funding should be enhanced or modified to reach the goals set pursuant to subdivision (b) of Section 44124.5 and subdivision (b) of Section 44125. (3) How incentive levels and eligibility criteria can be modified to maximize both participation and emissions reductions. (4) (A) An assessment identifying populations that are eligible for, but underserved by Clean Cars 4 All. In identifying underserved populations pursuant to this paragraph, the assessment shall, at a minimum, evaluate the participation of households in census tracts shown to be the most impacted in each region, households making less than 225 percent of the federal poverty level, and households that are primarily non-English speaking. (B) The assessment shall identify barriers preventing the underserved populations identified pursuant to subparagraph (A) from participating in Clean Cars 4 All and propose strategies to overcome those barriers. (Amended by Stats. 2022, Ch. 375, Sec. 3. (SB 1382) Effective January 1, 2023.)
  34. 44126.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. )

    Verify source ↗

    A subaccount is created to hold funds for the Enhanced Fleet Modernization Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. ) ## 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, upon appropriation by the Legislature, for both of the following: (a) To the department and the bureau to establish and implement the program created pursuant to this article. (b) To the state board to implement and administer the program created pursuant to this article. (Amended by Stats. 2015, Ch. 24, Sec. 14. (SB 83) Effective June 24, 2015.)
  35. 44127.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. )

    Verify source ↗

    The state board may allocate Clean Cars 4 All funding from specified accounts, and it must maintain, reallocate, consider, publish, and report on funding and performance metrics. Districts have reporting and justification duties for outreach spending above 5 percent.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 11. Enhanced Fleet Modernization Program [44124 - 44127] ( Article 11 added by Stats. 2007, Ch. 750, Sec. 4. ) ## 44127. (a) Upon appropriation by the Legislature, the state board may allocate moneys for the expansion of the replacement component or mobility option component of the program or Clean Cars 4 All from any of the following: (1) The Enhanced Fleet Modernization Subaccount, created pursuant to Section 44126. (2) The High Polluter Repair or Removal Account, created pursuant to Section 44091. (3) The Vehicle Inspection and Repair Fund, created pursuant to Section 9886 of the Business and Professions Code. (b) Upon appropriation by the Legislature, the state board may allocate moneys consistent with law for Clean Cars 4 All from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (c) Of the funds made available in Item 3900-101-3228 of the Budget Act of 2021 (Section 118 of Chapter 69 of the Statutes of 2021), Items 3900-101-0001 and 3900-101-3228 of the Budget Act of 2022 (Sections 115 and 116 of Chapter 249 of the Statutes of 2022), and Items 3900-101-0001 and 3900-101-3228 of the Budget Act of 2023 (Sections 110 and 111 of Chapter 38 of the Statutes of 2023) to the state board for the suite of equity transportation programs established under the Charge Ahead California Initiative, including, but not limited to, Clean Cars 4 All, the state board shall maintain funding for each district participating in Clean Cars 4 All, such that if a district has insufficient funds to meet processed demand, the state board shall reallocate moneys to that district to ensure operation is minimally impacted for district Clean Cars 4 All programs. (d) (1) In allocating funding under Clean Cars 4 All to districts participating in the program, and to the statewide program, the state board shall consider, at a minimum, all of the following metrics: (A) Number of vouchers deployed. (B) Proportion of applications that have been started and resulted in completed replacement transactions or mobility vouchers. (C) Demand for vouchers. (D) Proportional investment to underserved populations identified pursuant to paragraph (4) of subdivision (c) of Section 44125.5. (E) Population in eligible Clean Cars 4 All ZIP Codes. (2) Beginning January 1, 2023, and every year thereafter, the state board shall publish, as part of its funding plan, a report identifying how each criterion was used to allocate funding to districts and to the statewide program. (e) (1) Up to 10 percent of the moneys allocated by the state board for Clean Cars 4 All may be used for outreach programs in accordance with both of the following requirements: (A) Before a district allocates more than 5 percent of the moneys received from the state board for Clean Cars 4 All in a fiscal year for outreach, the district shall submit a description to the state board of the outreach efforts that will be funded with any money above 5 percent of the moneys allocated by the state board and a justification of how the additional funding for outreach will support deployment of Clean Cars 4 All to households in census tracts shown to be the most impacted in each region, households making less than 225 percent of the federal poverty level, households that are primarily non-English speaking, and other underserved populations identified pursuant to paragraph (4) of subdivision (c) of Section 44125.5. (B) A district that allocates more than 5 percent of the moneys received from the state board for Clean Cars 4 All in a fiscal year for outreach shall submit a report to the state board on the outcome of this expenditure, including a description of outreach efforts that were funded or augmented with any money above 5 percent of the moneys allocated by the state board for Clean Cars 4 All and how that funding supported deployment of Clean Cars 4 All to households in census tracts shown to be the most impacted in each region, households making less than 225 percent of the federal poverty level, households that are primarily non-English speaking, and other underserved populations identified pursuant to paragraph (4) of subdivision (c) of Section 44125.5. (2) Documents and information submitted by a district to the state board pursuant to this subdivision shall be for informational purposes only. (f) (1) Notwithstanding Section 10231.5 of the Government Code, the state board shall report annually to the budget committees of both houses of the Legislature the amount of funding allocated by the state board to the statewide Clean Cars 4 All program and to each district Clean Cars 4 All program and detailed performance metrics consistent with the requirements of subdivision (d) for the statewide and district Clean Cars 4 All programs, including the number and dollar amount of grants awarded by each district program and by the statewide program and regionally specific information for grant awards made by the administrator under the statewide program. (2) Notwithstanding Section 9795 of the Government Code, a report prepared pursuant to paragraph (1) shall be submitted as an electronic copy to the committees described in paragraph (1) and posted on the state board’s internet website. (Amended by Stats. 2025, Ch. 15, Sec. 4. (SB 127) Effective June 27, 2025.)
  36. 44150.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. )

    Verify source ↗

    This section defines “program” as the Heavy-Duty Vehicle Inspection and Maintenance Program established under Section 44152.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. ) ## 44150. For purposes of this chapter, “program” means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152. (Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
  37. 44152.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. )

    Verify source ↗

    The state board must create and run a heavy-duty vehicle inspection and maintenance program, require passing tests for registration or operation, and provide exemptions, compliance certificates, enforcement, and reporting.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. ) ## 44152. (a) No later than two years after the completion of the pilot program required by Section 44156 and to the extent authorized by federal law, the state board, in consultation with the bureau and the Department of Motor Vehicles, shall adopt and implement a regulation for a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds, as defined by the state board, including, but not limited to, single-vehicle fleets and other vehicles that are registered in another state but operate on California roads. In adopting a regulation implementing the program, the state board shall do all of the following: (1) (A) Establish test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen and particulate matter. The procedures may include, but are not limited to, procedures for the use of onboard diagnostics system data and test procedures that measure the effectiveness of the control of emissions of greenhouse gases. (B) In establishing the test procedures pursuant to this paragraph, the state board shall ensure that at least one test procedure does not result in charges, in aggregate, including the compliance fee required pursuant to Section 44154, imposed on owners of vehicles subject to the program that exceed the maximum allowable amount of the compliance fee specified in Section 44154, except for the necessary repair costs to bring a vehicle into compliance with the program. The state board shall ensure that this testing procedure is reasonably accessible to those owners. (2) Require a motor vehicle to pass the test procedures in order to register or operate in the state. The state board may establish in the regulation full or partial exemptions from the requirements of this section for categories of vehicles it determines on the basis of substantial evidence that the economic costs of compliance substantially outweigh the benefits of compliance, including public health benefits. (3) Allow a streamlined process for the owner or operator of a vehicle fleet who has an established compliance history with the program, including, but not limited to, the use of the electronic transmission of emissions data in lieu of the annual physical testing of the vehicles as determined by the state board. The streamlined process shall not include an exemption from the requirements of paragraph (2). (4) Establish program validation methods for evaluating program effectiveness, fraud investigation, and research purposes. (5) Develop and implement enforcement methods to ensure continuing compliance with this section and Section 27153 of the Vehicle Code. The enforcement methods may include, but are not limited to, all of the following: (A) Visual inspections. (B) Functional inspections. (C) Requiring emissions testing of vehicles. (6) Develop, in coordination with the Department of Motor Vehicles, an information technology database to collect and track vehicle test data, assess the data to determine compliance, and regularly generate lists of compliant vehicle identification numbers and transmit them to the Department of Motor Vehicles in order for annual vehicle registration notices to be issued. (7) Exempt all of the following: (A) Zero-emission motor vehicles. (B) A publicly owned authorized emergency vehicle operated by a peace officer, as defined in Section 830 of the Penal Code, only as necessary to ensure the ability to respond to emergencies. (C) An authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, and used for fighting fires or responding to emergency fire calls by entities described in paragraph (2) of subdivision (b) of, or subdivision (c) or (d) of, Section 165 of the Vehicle Code, only as necessary to ensure the ability to respond to emergencies. (D) A publicly owned authorized emergency vehicle used by an emergency medical technician-paramedic, as defined in Section 1797.84, only as necessary to ensure the ability to respond to emergencies. (E) A tactical vehicle operated by the military as necessary for testing or training purposes. (F) New vehicles certified to meet the most stringent optional reduced emissions of oxides of nitrogen emission standard for four years from the time inspections begin under the program. (b) The state board may establish licensing standards for persons engaged in the business of the inspection, diagnosis, and repair of heavy-duty motor vehicles. The board also may establish qualification standards or approval, operational, or licensure standards for testing equipment, including protocols, hardware, and software used for the submission of vehicle test data to the state board or its contractors. (c) (1) As part of the program, the state board shall develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate. The state board shall issue the certificate to the legal owner, registered owner, or designee of a vehicle that, at the discretion of the state board, meets the requirements of the program so that vehicle owners and operators may easily demonstrate proof of compliance, as required pursuant to Sections 27158.1 and 27158.2 of the Vehicle Code. (2) The Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate shall contain information determined to be necessary by the state board that includes, but need not be limited to, all of the following: (A) Date issued. (B) Date of expiration. (C) Name and residence or business address or mailing address of the legal owner or registered owner. (D) Vehicle identification number assigned to the vehicle. (E) Description of the vehicle that includes the year, make, and model of the vehicle. (d) The Department of Transportation, the Department of Food and Agriculture, and the Department of the California Highway Patrol may provide any necessary information to help facilitate the installation of equipment necessary to implement the program. (e) The state board, the Department of Motor Vehicles, and the Department of Food and Agriculture may develop initiatives for outreach and education to help ensure compliance with the program. (f) (1) The state board shall request a permit to deploy equipment on the state highway system, as defined in Article 3 (commencing with Section 300) of Chapter 2 of Division 1 of the Streets and Highways Code, in accordance with Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code and in cooperation with the Department of the California Highway Patrol. (2) If the Department of Transportation denies a permit requested by the state board pursuant to paragraph (1), the Department of Transportation shall provide the state board the necessary information regarding how equipment can be deployed in a manner consistent with both the requirements of the program and other laws. (g) The state board may inspect vehicles subject to this section in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol or at other locations selected by the state board in consultation with the Department of the California Highway Patrol. Inspection locations may include instate private facilities where fleet vehicles are serviced or maintained. The state board and the Department of the California Highway Patrol may conduct these inspections cooperatively or independently, and the state board may contract for assistance in the conduct of these inspections. (h) (1) (A) The state board may issue a citation to the owner of a vehicle in violation of this section or a regulation promulgated pursuant to this section. The state board may require the operator of a vehicle to submit to a test procedure and may specify that refusal to submit is an admission constituting proof of a violation. The state board may require that, when a citation has been issued pursuant to this section, the owner of a vehicle in violation of the regulation shall be required to correct every deficiency specified in the citation within a timeframe determined by the state board, but that is not less than 45 days. (B) A vehicle used exclusively in the conduct of agricultural operations shall be required to correct deficiencies specified in the citation within a timeframe determined by the state board that is not less than 75 days from the date of the citation. (2) When deciding whether to issue a citation, the state board may take into account whether the owner of the vehicle has obtained a temporary permit to operate the vehicle pursuant to Section 4156.5 of the Vehicle Code. (3) Except as provided in paragraph (4), a vehicle found in violation of this section or a regulation promulgated pursuant to this section shall not be prohibited from being used during this time. (4) Notwithstanding paragraph (3), a vehicle found to have willfully tampered emission controls, including the vehicle’s onboard diagnostics system, shall not be operated. (i) The state board shall provide an owner cited as violating this section an opportunity for an administrative hearing consistent with the process established pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. Following notice and an opportunity for an administrative hearing, the state board, at its discretion, may use the procedure set forth in subdivision (j) of Section 44011.6 for a vehicle owner cited pursuant to this section. (j) After an order imposing an administrative penalty becomes final pursuant to the hearing procedures identified in subdivision (i) and no petition for a writ of mandate has been filed within the time allotted for seeking judicial review of the order, the state board may apply to the Superior Court for the County of Sacramento for a judgment in the amount of the administrative penalty. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment. (k) Upon the implementation of the program, the state board shall provide mechanisms for out-of-state owners of heavy-duty vehicles to establish and verify compliance prior to entering the state, including attainment of a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate. (l) Upon the full implementation of the program, the state board shall sunset the requirements of the Periodic Smoke Inspection Program in Chapter 3.6 (commencing with Section 2190) of Division 3 of Title 13 of the California Code of Regulations. (m) Within four years following the full implementation of the program, the state board shall provide two biennial reports on its internet website. This report shall include, but is not limited to, enforcement, operational downtime, and an estimate of emissions reduced and cost-effectiveness. (Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
  38. 44154.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. )

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    The state board must assess a compliance fee capped at $30 and deposit collected fees and penalty moneys into the specified funds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. ) ## 44154. (a) (1) The state board shall assess a compliance fee, not to exceed thirty dollars ($30), to fund the reasonable costs of implementing the program. A fee assessed pursuant to this section shall be limited exclusively to covering the costs of the program and shall be structured to ensure the equitable distribution of any costs among feepayers. (2) The compliance fee and the maximum amount allowable shall be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Labor Relations. (b) All fees collected by the state board pursuant to this chapter shall be deposited in the Truck Emission Check (TEC) Fund, which is hereby created in the State Treasury. All moneys in the fund shall be available upon appropriation by the Legislature to the state board for the regulatory purposes of the program. (c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Air Pollution Control Fund. (Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
  39. 44156.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. )

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    The state board must run a pilot program, publish the pilot findings on its website, and report specified results to legislative committees within two years after the pilot ends.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. ) ## 44156. (a) In order to implement the program, the state board, in consultation with the bureau, the Department of Transportation, the Department of Motor Vehicles, the Department of the California Highway Patrol, other interested state agencies, and stakeholders as part of a public process, shall implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into the program. The state board shall report the findings of the pilot program on its internet website. (b) No later than two years following the completion of the pilot program required pursuant to this section, and before adopting and implementing the program, the state board shall report to the transportation and environmental committees of the Legislature on the following: (1) A review of all investigated test procedures, hardware and software, and an assessment of which pathway was found to be the most cost effective, enforceable, and least burdensome for compliant truck operators, including, but not limited to, the estimated operational downtime associated with each test method. (2) A comprehensive enforcement strategy to ensure the fair application of the program. (3) A description of how the agency will harmonize the program with existing regulations to ensure stakeholders do not face duplicative requirements. (4) Steps the state board will take to ensure emission reductions attributed to this program will be accounted for and credited in planning and technical documents including, but not limited to, the state implementation plan, scoping plans, and emissions models. (Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
  40. 44158.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. )

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    The state board must send the current draft of proposed first-implementing rules and regulations to specified legislative committees at least 60 days before its first hearing on them.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program [44150 - 44158] ( Chapter 5.5 added by Stats. 2019, Ch. 298, Sec. 2. ) ## 44158. At least 60 days prior to the first hearing of the state board considering the adoption of any rules or regulations first implementing the program, the state board shall submit the then-current draft of those proposed rules and regulations to the Joint Legislative Budget Committee, the Senate Committee on Environmental Quality, the Senate Committee on Transportation, the Assembly Committee on Natural Resources, and the Assembly Committee on Transportation. (Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
  41. 442.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. )

    Verify source ↗

    This section defines terms used in end-of-life care, including “actively dying,” “disease-targeted treatment,” “health care provider,” “hospice,” “palliative care,” and “refusal or withdrawal of life-sustaining treatment.”

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. ) ## 442. For the purposes of this part, the following definitions shall apply: (a) “Actively dying” means the phase of terminal illness when death is imminent. (b) “Disease-targeted treatment” means treatment directed at the underlying disease or condition that is intended to alter its natural history or progression, irrespective of whether or not a cure is a possibility. (c) “Health care provider” means an attending physician and surgeon. It also means a nurse practitioner or physician assistant practicing in accordance with standardized procedures or protocols developed and approved by the supervising physician and surgeon and the nurse practitioner or physician assistant. (d) “Hospice” means a specialized form of interdisciplinary health care that is designed to provide palliative care, alleviate the physical, emotional, social, and spiritual discomforts of an individual who is experiencing the last phases of life due to the existence of a terminal disease, and provide supportive care to the primary caregiver and the family of the hospice patient, and that meets all of the criteria specified in subdivision (b) of Section 1746. (e) “Palliative care” means medical treatment, interdisciplinary care, or consultation provided to a patient or family members, or both, that has as its primary purpose the prevention of, or relief from, suffering and the enhancement of the quality of life, rather than treatment aimed at investigation and intervention for the purpose of cure or prolongation of life as described in subdivision (b) of Section 1339.31. In some cases, disease-targeted treatment may be used in palliative care. (f) “Refusal or withdrawal of life-sustaining treatment” means forgoing treatment or medical procedures that replace or support an essential bodily function, including, but not limited to, cardiopulmonary resuscitation, mechanical ventilation, artificial nutrition and hydration, dialysis, and any other treatment or discontinuing any or all of those treatments after they have been used for a reasonable time. (Added by Stats. 2008, Ch. 683, Sec. 2. Effective January 1, 2009.)
  42. 442.5.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. )

    Verify source ↗

    When a health care provider diagnoses a terminal illness, the provider must notify the patient of the right to information and counseling about legal end-of-life options and, on request, provide that information and counseling.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. ) ## 442.5. (a) When a health care provider makes a diagnosis that a patient has a terminal illness, the health care provider shall do both of the following: (1) Notify the patient of his or her right, or, when applicable, the right of another person authorized to make health care decisions for the patient, to comprehensive information and counseling regarding legal end-of-life options. This notification may be provided at the time of diagnosis or at a subsequent visit in which the provider discusses treatment options with the patient or the other authorized person. (2) Upon the request of the patient or another person authorized to make health care decisions for the patient, provide the patient or other authorized person with comprehensive information and counseling regarding legal end-of-life care options pursuant to this section. When a terminally ill patient is in a health facility, as defined in Section 1250, the health care provider, or medical director of the health facility if the patient’s health care provider is not available, may refer the patient or other authorized person to a hospice provider or private or public agencies and community-based organizations that specialize in end-of-life care case management and consultation to receive comprehensive information and counseling regarding legal end-of-life care options. (b) If a patient or another person authorized to make health care decisions for the patient, requests information and counseling pursuant to paragraph (2) of subdivision (a), the comprehensive information shall include, but not be limited to, the following: (1) Hospice care at home or in a health care setting. (2) A prognosis with and without the continuation of disease-targeted treatment. (3) The patient’s right to refusal of or withdrawal from life-sustaining treatment. (4) The patient’s right to continue to pursue disease-targeted treatment, with or without concurrent palliative care. (5) The patient’s right to comprehensive pain and symptom management at the end of life, including, but not limited to, adequate pain medication, treatment of nausea, palliative chemotherapy, relief of shortness of breath and fatigue, and other clinical treatments useful when a patient is actively dying. (6) The patient’s right to give individual health care instruction pursuant to Section 4670 of the Probate Code, which provides the means by which a patient may provide written health care instruction, such as an advance health care directive, and the patient’s right to appoint a legally recognized health care decisionmaker. (c) The information described in subdivision (b) may, but is not required to, be in writing. Health care providers may utilize information from organizations specializing in end-of-life care that provide information on factsheets and Internet Web sites to convey the information described in subdivision (b). (d) Counseling may include, but is not limited to, discussions about the outcomes for the patient and his or her family, based on the interest of the patient. Information and counseling, as described in subdivision (b), may occur over a series of meetings with the health care provider or others who may be providing the information and counseling based on the patient’s needs. (e) The information and counseling sessions may include a discussion of treatment options in a culturally sensitive manner that the patient and his or her family, or, when applicable, another person authorized to make health care decisions for the patient, can easily understand. If the patient or other authorized person requests information on the costs of treatment options, including the availability of insurance and eligibility of the patient for coverage, the patient or other authorized person shall be referred to the appropriate entity for that information. (f) The notification made pursuant to paragraph (1) of subdivision (a) shall not be required if the patient or other person authorized to make health care decisions, as defined in Section 4617 of the Probate Code, for the patient has already received the notification. (g) For purposes of this section, “health care decisions” has the meaning set forth in Section 4617 of the Probate Code. (h) This section shall not be construed to interfere with the clinical judgment of a health care provider in recommending the course of treatment. (Amended by Stats. 2015, Ch. 303, Sec. 245. (AB 731) Effective January 1, 2016.)
  43. 442.7.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. )

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    If a health care provider does not want to comply with a request for information on end-of-life options, the provider must refer or transfer the patient to another provider and give transfer-procedure information.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. ) ## 442.7. If a health care provider does not wish to comply with his or her patient’s request or, when applicable, the request of another person authorized to make health care decisions, as defined in Section 4617 of the Probate Code, for the patient for information on end-of-life options, the health care provider shall do both of the following: (a) Refer or transfer a patient to another health care provider that shall provide the requested information. (b) Provide the patient or other person authorized to make health care decisions for the patient with information on procedures to transfer to another health care provider that shall provide the requested information. (Amended by Stats. 2014, Ch. 568, Sec. 2. (AB 2139) Effective January 1, 2015.)
  44. 442.9.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. )

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    Hospitals must have a designated case manager or discharge planner assess certain terminally ill Medi-Cal patients before discharge and, in specified cases, give IHSS information or notify the patient’s primary care physician.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.8. END-OF-LIFE CARE [442 - 442.9] ( Part 1.8 added by Stats. 2008, Ch. 683, Sec. 2. ) ## 442.9. (a) Before the discharge from an acute care hospital of a Medi-Cal beneficiary diagnosed with a terminal illness, the hospital’s designated case manager or discharge planner shall evaluate the patient’s likely need for posthospital services and their ability to access those services. For patients anticipated to need in-home personal care, the hospital case manager or discharge planner shall ask the patient, or another person authorized to make health care decisions for the patient, if they are interested in receiving information about the in-home supportive services (IHSS) program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code). If the patient or authorized person expresses interest in receiving the IHSS information, the hospital case manager or discharge planner shall provide to the patient or authorized person the information, including how to initiate the application process and the option for a family member to provide care as an IHSS provider subject to the IHSS provider enrollment conditions set forth in that article. (b) If the patient seeks to apply for services under the IHSS program, the hospital case manager or discharge planner shall, as appropriate, communicate to the patient’s primary care physician the patient’s interest in applying for IHSS to support the timely completion of the health care certification form (SOC 873 or its successor), as described in Section 12309.1 of the Welfare and Institutions Code. (Added by Stats. 2024, Ch. 346, Sec. 1. (AB 1005) Effective January 1, 2025.)
  45. 44200.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    This section defines “used direct import vehicle” and sets the order for determining a motor vehicle’s age.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44200. For purposes of this chapter, “used direct import vehicle” means any 1975 or later model-year direct import vehicle not required to be certified as a new direct import vehicle pursuant to this part. For purposes of this section, the age of a motor vehicle shall be determined by the following, in descending order of preference: (a) From the first calendar day of the model year as indicated in the vehicle identification number. (b) From the last calendar day of the month the vehicle was delivered by the manufacturer as shown on the foreign title document. (c) From January 1 of the same calendar year as the model year shown on the foreign title document. (d) From the last calendar day of the month the foreign title document was issued. (Amended by Stats. 1989, Ch. 859, Sec. 6.)
  46. 44201.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    The state board must adopt a certification program for used direct import vehicles and issue a certificate of conformance for each vehicle that meets the program’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44201. The state board shall adopt, by regulation, a certification program for used direct import vehicles. The state board shall issue a certificate of conformance to each used direct import vehicle which meets the requirements of this program. (Amended by Stats. 1989, Ch. 859, Sec. 7.)
  47. 44202.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    A used direct import vehicle that was not registered in California before regulations under Section 44201 generally may not be registered unless it has a certificate of conformance from the state board, subject to Section 44210.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44202. A used direct import vehicle which was not registered in this state prior to the adoption of regulations adopted pursuant to Section 44201, may not be registered in this state unless it has received a certificate of conformance from the state board, except as provided in Section 44210. (Amended by Stats. 1989, Ch. 859, Sec. 8.)
  48. 44203.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    The certification program must include emissions testing, compliance with board-adopted standards, vehicle labeling and emissions-modification descriptions, and any other board-approved requirements, but the board cannot require warranty or recall obligations after a valid certificate of conformance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44203. The certification program established pursuant to Section 44201 shall require all of the following components: (a) A test of the vehicle’s emissions performed at a laboratory licensed by the state board. (b) A determination that the emissions of the vehicle meet applicable emission standards adopted by the state board. (c) Any vehicle labelling and description of any emissions-related modifications to the vehicle that the state board finds appropriate to assure that the emission-related system of the vehicle can be inspected, serviced, and repaired successfully throughout the state. (d) Any other requirements the board may determine appropriate to assure the used direct import vehicle will continue to comply with emission standards in use, except that no requirement may be established to warrant the emissions control system or to recall vehicles which exhibit a defective emission control system subsequent to receiving a valid certificate of conformance. (Amended by Stats. 1989, Ch. 859, Sec. 9.)
  49. 44204.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    The state board may test a vehicle’s emissions before issuing a certificate of conformity.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44204. The state board may perform a confirmatory test of the vehicle’s emissions prior to issuance of a certificate of conformity. (Added by Stats. 1985, Ch. 1138, Sec. 2.)
  50. 44205.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    The state board must adopt regulations for laboratories seeking approval as state-licensed laboratories.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44205. The state board shall adopt regulations prescribing the requirements for any laboratory seeking approval as a state-licensed laboratory for purposes of this chapter. The requirements shall include, but not be limited to, all of the following: (a) An agreement to random inspections of the facility and any vehicles on the premises by the state board or its designee. (b) Recordkeeping for testing and quality control. (c) An agreement to perform correlation testing at the request of the state board. (d) An agreement to hold vehicles at the laboratory for up to 10 calendar days for the purpose of inspection and confirmatory testing upon request of the state board. (Added by Stats. 1985, Ch. 1138, Sec. 2.)
  51. 44207.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    The state board may suspend or revoke a laboratory’s license after a hearing, and it must adopt regulations for suspension, revocation, and reinstatement.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44207. A laboratory’s license may be suspended or revoked by the state board, after a hearing, for failure to meet the requirements of licensing established in Section 44205 or for other cause specified by the state board in regulation. The state board shall adopt regulations governing the suspension, revocation, and reinstatement of the licenses. (Added by Stats. 1985, Ch. 1138, Sec. 2.)
  52. 44208.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    The state board may, by regulation, charge fees for licensing laboratories and issuing certificates of conformity to recover its costs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44208. The state board may, by regulation, impose fees for the licensing of laboratories and for the issuance of certificates of conformity to recover the state board’s costs, including enforcement costs, of administration of any program the state board may establish pursuant to this chapter. (Added by Stats. 1985, Ch. 1138, Sec. 2.)
  53. 44209.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

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    Anyone who falsifies a test record or report submitted under this chapter can be fined or jailed.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44209. Any person who falsifies any test record or report which has been submitted to any other person, the department, or the state board pursuant to this chapter is subject to punishment by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), imprisonment in a county jail for not more than one year, imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 197. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  54. 44210.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. )

    Verify source ↗

    Section 44202 does not apply to certain motor vehicles that meet specified federal conformity, prior registration, residence, and DMV evidence conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 6. Used Direct Import Vehicles [44200 - 44210] ( Heading of Chapter 6 amended by Stats. 1989, Ch. 859, Sec. 5. ) ## 44210. The requirements of Section 44202 do not apply to any motor vehicle having a certificate of conformity issued by the federal Environmental Protection Agency pursuant to the federal Clean Air Act (42 U.S.C. Section 7401, et seq. ) and originally registered in another state by a person who was a resident of that state for at least one year prior to the original registration, who subsequently establishes residence in this state and who, upon registration of the vehicle in California, provides evidence satisfactory to the Department of Motor Vehicles of that previous residence and registration. (Added by Stats. 1985, Ch. 1138, Sec. 2.)
  55. 44220.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

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    Certain air pollution control districts may, after a district board resolution, exercise fee authority to help fund Clean Air Act implementation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44220. The Legislature hereby finds and declares as follows: (a) This chapter is intended to ensure that any county air pollution control district, or unified or regional air pollution control district, may, upon adoption of a resolution by the district governing board, exercise fee authority similar to that provided the south coast district pursuant to Section 9250.11 of the Vehicle Code and the Sacramento district pursuant to Section 41081, in order to ensure that districts, and, in the south coast district, other implementing agencies, have the necessary funds to carry out their responsibilities for implementing the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988). (b) The revenues from the fees collected pursuant to this chapter shall be used solely to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988. (Amended by Stats. 1996, Ch. 124, Sec. 76. Effective January 1, 1997.)
  56. 44223.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    A district may charge up to $2 on motor vehicles registered in the district, except the Sacramento district, if the district board adopts the required resolution.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44223. (a) In addition to any other fees specified in this code, the Vehicle Code, and the Revenue and Taxation Code, a district, except the Sacramento district, may levy a fee of up to two dollars ($2) on motor vehicles registered within the district. A district may impose the fee only if the district board adopts a resolution providing for both the fee and a corresponding program for the reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of, the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988), or for the attainment or maintenance of state or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles. (b) In districts with nonelected officials on their boards, a resolution adopted pursuant to subdivision (a) shall be approved by both a majority of the board and a majority of the board members who are elected officials. (c) A fee imposed pursuant to this section shall become effective on either April 1 or October 1, as provided in the resolution adopted by the board pursuant to subdivision (a). (Amended by Stats. 2015, Ch. 610, Sec. 2. (SB 513) Effective January 1, 2016.)
  57. 44227.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    On a district’s request, the Department of Motor Vehicles must collect certain district fees when motor vehicle registration is renewed, except for vehicles exempt from registration fees under the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44227. Upon request of a district, the Department of Motor Vehicles shall collect the fees established pursuant to Sections 44223 and 44225 upon renewal of the registration of any motor vehicle subject to this part and registered in the district, except those vehicles which are expressly exempted under the Vehicle Code from the payment of registration fees. (Added by Stats. 1990, Ch. 1705, Sec. 1.)
  58. 44231.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

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    A district board may exempt any category of low-emission motor vehicle from all or part of the fee, after consulting the Department of Motor Vehicles on feasibility.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44231. After consulting with the Department of Motor Vehicles on the feasibility thereof, a district board may exempt from all or part of the fee any category of low-emission motor vehicle. (Added by Stats. 1990, Ch. 1705, Sec. 1.)
  59. 44233.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    No more than 6.25% of certain distributed fees may be used for administrative costs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44233. Not more than 6.25 percent of the fees distributed to any district pursuant to Section 44229, or distributed by a district to any other public agency pursuant to this chapter, shall be used by the district or other public agency for administrative costs. (Amended by Stats. 2015, Ch. 610, Sec. 5. (SB 513) Effective January 1, 2016.)
  60. 44235.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

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    A district may not use certain fees to operate itself as a direct provider of carpool, vanpool, ridesharing, or transit services.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44235. A district shall not use fees established under Sections 44223 and 44225 for the purpose of establishing or maintaining the district as a direct provider of carpool, vanpool, or other ridesharing or transit services. However, a district may use these funds to enter into, and implement, agreements with agencies which directly provide carpool, vanpool, or other ridesharing or transit services to provide these services. (Added by Stats. 1990, Ch. 1705, Sec. 1.)
  61. 44236.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

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    A district may use certain fee revenue to meet Government Code Section 65089 requirements, but only when those requirements comply with and are necessary to implement the California Clean Air Act of 1988.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44236. A district may allocate funds raised by fees established under Sections 44223 and 44225 to meet the requirements of Section 65089 of the Government Code, if those requirements are in compliance with, and necessary for the implementation of, the California Clean Air Act of 1988. (Added by Stats. 1990, Ch. 1705, Sec. 1.)
  62. 44237.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

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    A district may use certain fees to make an agreement with a specified public agency to carry out Section 40717.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44237. A district may use fees established under Sections 44223 and 44225 to enter into an agreement with a council of governments, regional agency, or local agency to carry out Section 40717. (Added by Stats. 1990, Ch. 1705, Sec. 1.)
  63. 44241.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    This section requires the DMV and bay district to handle fee revenues in specified ways, limits certain uses of the funds, and requires annual public meetings for some recipients.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44241. (a) Fee revenues generated under this chapter in the bay district shall be subvened to the bay district by the Department of Motor Vehicles after deducting its administrative costs pursuant to Section 44229. (b) Fee revenues generated under this chapter shall be allocated by the bay district to implement the following mobile source and transportation control projects and programs that are included in the plan adopted pursuant to Sections 40233, 40717, and 40919: (1) The implementation of ridesharing programs. (2) The purchase or lease of clean fuel buses for school districts and transit operators. (3) The provision of local feeder bus or shuttle service to rail and ferry stations and to airports. (4) Implementation and maintenance of local arterial traffic management, including, but not limited to, signal timing, transit signal preemption, bus stop relocation and “smart streets.” (5) Implementation of rail-bus integration and regional transit information systems. (6) Implementation of demonstration projects in telecommuting and in congestion pricing of highways, bridges, and public transit. No funds expended pursuant to this paragraph for telecommuting projects shall be used for the purchase of personal computing equipment for an individual’s home use. (7) Implementation of vehicle-based projects to reduce mobile source emissions, including, but not limited to, engine repowers, engine retrofits, fleet modernization, alternative fuels, and advanced technology demonstrations. (8) Implementation of a smoking vehicles program. (9) Implementation of an automobile buy-back scrappage program operated by a governmental agency. (10) Implementation of bicycle facility improvement projects that are included in an adopted countywide bicycle plan or congestion management program. (11) The design and construction by local public agencies of physical improvements that support development projects that achieve motor vehicle emission reductions. The projects and the physical improvements shall be identified in an approved area-specific plan, redevelopment plan, general plan, or other similar plan. (c) (1) Fee revenue generated under this chapter shall be allocated by the bay district for projects and programs specified in subdivision (b) to cities, counties, the Metropolitan Transportation Commission, transit districts, or any other public agency responsible for implementing one or more of the specified projects or programs. Fee revenue generated under this chapter may also be allocated by the bay district for projects and programs specified in paragraph (7) of subdivision (b) to entities that include, but are not limited to, public agencies, consistent with applicable policies adopted by the governing board of the bay district. Those policies shall include, but are not limited to, requirements for cost-sharing for projects subject to the policies. Fee revenues shall not be used for any planning activities that are not directly related to the implementation of a specific project or program. (2) The bay district shall adopt cost-effectiveness criteria for fee revenue generated under this chapter that projects and programs are required to meet. The cost-effectiveness criteria shall maximize emissions reductions and public health benefits. (d) Not less than 40 percent of fee revenues shall be allocated to the entity or entities designated pursuant to subdivision (e) for projects and programs in each county within the bay district based upon the county’s proportionate share of fee-paid vehicle registration. (e) In each county, one or more entities may be designated as the overall program manager for the county by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The resolution shall specify the terms and conditions for the expenditure of funds. The entities so designated shall be allocated the funds pursuant to subdivision (d) in accordance with the terms and conditions of the resolution. (f) Any county, or entity designated pursuant to subdivision (e), that receives funds pursuant to this section, at least once a year, shall hold one or more public meetings for the purpose of adopting criteria for expenditure of the funds, if those criteria have been modified in any way from the previous year. Any county, or entity designated pursuant to subdivision (e), that receives funds pursuant to this section, at least once a year, shall also hold one or more public meetings to review the expenditure of revenues received pursuant to this section by any designated entity. If any county or entity designated pursuant to subdivision (e) that receives funds pursuant to this section has not allocated all of those funds within six months of the date of the formal approval of its expenditure plan by the bay district, the bay district shall allocate the unallocated funds in accordance with subdivision (c). (Amended by Stats. 2015, Ch. 451, Sec. 7. (SB 491) Effective January 1, 2016.)
  64. 44241.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    The bay district board must hold an annual public hearing to review how certain revenues are spent and whether they improve air quality.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44241.5. The bay district board shall hold an annual public hearing to review the expenditure of revenues received by the bay district pursuant to Section 44241 to determine their effectiveness in improving air quality. (Added by Stats. 1995, Ch. 950, Sec. 3. Effective January 1, 1996.)
  65. 44242.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    Agencies receiving these funds must audit funded programs at least every two years, and the bay district must review the audit and may require hearings or withhold funds if spending is improper.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44242. (a) Any agency which receives funds pursuant to Section 44241 shall, at least once every two years, undertake an audit of each program or project funded. The audit shall be conducted by an independent auditor selected by the bay district in accordance with Division 2 (commencing with Section 1100) of the Public Contract Code. The district shall deduct any audit costs which will be incurred pursuant to this section prior to distributing fee revenues to cities, counties, or other agencies pursuant to Section 44241. (b) Upon completion of an audit conducted pursuant to subdivision (a), the bay district shall do both of the following: (1) Make the audit available to the public and to the affected agency upon request. (2) Review the audit to determine if the fee revenues received by the agency were spent for the reduction of air pollution from motor vehicles pursuant to the plan prepared pursuant to Sections 40233 and 40717. (c) If, after reviewing the audit, the bay district determines that the revenues from the fees may have been expended in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to that plan, the district shall do all of the following: (1) Notify the agency of its determination. (2) Within 45 days of the notification pursuant to paragraph (1), hold a public hearing at which the agency may present information relating to expenditure of the revenues from the fees. (3) After the public hearing, if the district determines that the agency has expended the revenues from the fees in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to the plan prepared pursuant to Sections 40233 and 40717, the district shall withhold these revenues from the agency in an amount equal to the amount which was inappropriately expended. Any revenues withheld pursuant to this paragraph shall be redistributed to the other cities within the county, or to the county, to the extent the district determines that they have complied with the requirements of this chapter. (d) Any agency which receives funds pursuant to Section 44241 shall encumber and expend the funds within two years of receiving the funds, unless an application for funds pursuant to this chapter states that the project will take a longer period of time to implement and is approved by the district or the agency designated pursuant to subdivision (e) of Section 44241. In any other case, the district or agency may extend the time beyond two years, if the recipient of the funds applies for that extension and the district or agency, as the case may be, finds that significant progress has been made on the project for which the funds were granted. (Amended by Stats. 1995, Ch. 950, Sec. 4. Effective January 1, 1996.)
  66. 44243.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    The section splits certain south coast district fee revenues among the district, cities, and counties, and conditions city or county funding on adopting and sending a qualifying ordinance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44243. Fee revenues generated under this chapter in the south coast district shall be subvened to the south coast district by the Department of Motor Vehicles, after deducting its administrative costs pursuant to Section 44229, for expenditure in the following manner: (a) (1) Thirty cents ($0.30) of every dollar subvened shall be used by the south coast district for programs to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies which are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990 (P.L. 101-549), the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. (2) Funds allocated pursuant to paragraph (1) shall also be used to provide technical assistance to cities receiving funds pursuant to subdivision (b). That technical assistance shall include, but not be limited to, workshops and direct assistance to individual cities on how to develop and implement programs to reduce air pollution from motor vehicles. (b) (1) Forty cents ($0.40) of every dollar subvened shall be distributed by the district to cities and counties located in the south coast district, based upon their prorated share of population, to be used to implement programs to reduce air pollution from motor vehicles which are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. No city or county may receive funds pursuant to this subdivision unless, on or before April 1, 1992, or, for a newly incorporated city, within 90 days of the date of incorporation, the city or county has adopted and transmitted to the south coast district an ordinance which does all of the following: (A) Expresses support for the adoption of motor vehicle registration fees to be used to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. (B) Expressly requires all fee revenues distributed to the city or county pursuant to this subdivision or subdivision (c) to be spent to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. (C) Establishes an air quality improvement trust fund into which all fee revenues distributed to the city or county shall be deposited, and out of which expenditures shall be made to reduce air pollution from motor vehicles pursuant to the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. (2) If a city or county fails to adopt an ordinance pursuant to this subdivision, the fee revenues which would be distributed to that city or county shall instead be distributed to the other cities and counties within the south coast district which have adopted an ordinance pursuant to this subdivision, based upon their prorated share of registered motor vehicles. (c) Thirty cents ($0.30) of every dollar subvened shall be deposited by the district in an account to be used, pursuant to Section 44244, to provide grants to fund projects for the exclusive purpose of reducing air pollution from motor vehicles that are authorized by, or necessary to implement, the Clean Air Act Amendments of 1990, the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. (Amended by Stats. 1995, Ch. 812, Sec. 1. Effective January 1, 1996.)
  67. 44244.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    This section creates a regional committee, sets approval steps for its work program, requires public guidelines, and bars the south coast district from receiving funds under this section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44244. (a) There is hereby created a regional Mobile Source Air Pollution Reduction Review Committee. The committee shall be comprised of one representative from each of the following agencies: (1) The south coast district. (2) The Southern California Association of Governments. (3) The San Bernardino Associated Governments. (4) The Los Angeles County Transportation Commission. (5) The Orange County Transportation Commission. (6) The Riverside County Transportation Commission. (7) The state board. (8) A regional ridesharing agency selected by the other members of the committee. (b) Fees allocated pursuant to subdivision (c) of Section 44243 shall be used to provide grants for projects to be funded pursuant to a work program developed and adopted by the committee and approved by the south coast district board in the following manner: (1) The work program shall be adopted by an affirmative vote of a majority of the committee members. (2) Upon adoption of the work program, the work program shall be submitted to the south coast district board which, within 60 days, may approve the work program by majority vote of the full south coast district board. If the south coast district board fails to approve the work program within 60 days of receiving it, the work program shall be deemed disapproved. If the south coast district board disapproves the work program, it shall be returned to the committee which shall amend, readopt, and resubmit the work program to the south coast district board for approval or disapproval. (c) The committee shall establish a technical advisory committee to assist in the development of the work program. The technical advisory committee shall include, but not be limited to, representatives of agencies which make up the committee, a representative of the cities from each county within the south coast district, and a representative of the boards of supervisors of each county within the south coast district. The technical advisory committee shall also include one or more persons who have academic training and professional expertise in air pollution control, and one person who is a mechanical engineer specializing in vehicle engines. The technical advisory committee may also include representatives of other public agencies and other interested parties that the committee may determine to be appropriate. (d) On or before July 1, 1993, the committee shall prepare, adopt, and make available to the public clear and concise written guidelines and procedures under which projects proposed for funding under the work program will be reviewed and recommended for funding. The guidelines shall specify that only those projects that include, but are not limited to, the adoption and implementation of transportation control measures, transportation demand management programs, clean fuel and clean vehicle programs, and research and monitoring programs, in compliance with the Clean Air Act Amendments of 1990 (P.L. 101-549), the California Clean Air Act of 1988, or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3, and that result in direct and tangible reductions in vehicular air pollution, shall be funded pursuant to the work program. (e) The south coast district shall not be eligible for funds allocated pursuant to this section. (Amended by Stats. 1994, Ch. 721, Sec. 1. Effective September 22, 1994.)
  68. 44244.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. )

    Verify source ↗

    Agencies receiving certain fee revenues must undergo periodic audits, and the district must review, disclose, and may withhold revenues if spending is improper.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 7. District Fees to Implement the California Clean Air Act [44220 - 44244.1] ( Chapter 7 added by Stats. 1990, Ch. 1705, Sec. 1. ) ## 44244.1. (a) Any agency which receives fee revenues pursuant to Section 44243 or 44244 shall, at least once every two years, be subject to an audit of each program or project funded. The audit shall be conducted by an independent auditor selected by the south coast district in accordance with Division 2 (commencing with Section 1100) of the Public Contract Code. The district shall deduct any audit costs which will be incurred pursuant to this section prior to distributing fee revenues to cities, counties, or other agencies pursuant to Sections 44243 and 44244. (b) Upon completion of an audit conducted pursuant to subdivision (a), the south coast district shall do both of the following: (1) Make the audit available to the public and to the affected agency upon request. (2) Review the audit to determine if the revenues from the fees received by the agency were spent for the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988) or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3. (c) If, after reviewing the audit, the south coast district determines that the revenues from the fees may have been expended in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3, the district shall do all of the following: (1) Notify the agency of its determination. (2) Within 45 days of the notification pursuant to paragraph (1), hold a public hearing at which the agency may present information related to expenditure of the revenues from the fees. (3) After the public hearing, if the district determines that the agency has expended the revenues from the fees in a manner which is contrary to this chapter or which will not result in the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3, the district shall withhold these revenues from the agency in an amount equal to the amount which was inappropriately expended. Any revenues withheld pursuant to this paragraph shall be redistributed to the other agencies or, upon approval of the district board, to entities specified in the work programs developed by the mobile source advisory committee, to the extent the district determines that they have complied with this chapter. (d) Any agency which receives fee revenues pursuant to Section 44243 or 44244 shall expend the funds within one year of the program or project completion date. (Amended by Stats. 1992, Ch. 427, Sec. 108. Effective January 1, 1993.)
  69. 44250.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. )

    Verify source ↗

    The Legislature states that California should improve information about vehicle emissions to encourage cleaner vehicles, retrofits, better maintenance, and fewer vehicle miles traveled.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. ) ## 44250. The Legislature hereby finds and declares as follows: (a) Existing programs to ensure that new motor vehicles sold in California emit less pollution may not be adequate to allow attainment of ambient air quality standards. Continued use of older high-emission motor vehicles, inadequate vehicle maintenance practices, and increases in vehicle miles traveled may overwhelm the gains from more stringent standards for new motor vehicles, and defeat state and local efforts to improve air quality. (b) Substantial additional reductions in vehicle emissions can be achieved by retrofitting existing motor vehicles, enhancing vehicle maintenance practices, and installing additional pollution control equipment on new motor vehicles operated in nonattainment areas. Existing state programs are an impediment to the use of retrofits and additional equipment to reduce vehicle emissions and should be streamlined. (c) Information on vehicle emissions should be provided to the driving public to encourage the manufacture and purchase of clean burning vehicles, to encourage retrofits of motor vehicles to reduce emissions, to encourage the application of enhanced motor vehicle maintenance practices on a routine basis, and to encourage reductions in vehicle miles traveled. (Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)
  70. 44251.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. )

    Verify source ↗

    The state board must set smog index numbers for certain California vehicles and base them on emissions data, with special rules for diesel vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. ) ## 44251. (a) The state board shall specify smog index numbers for new light-duty passenger vehicles and light-duty trucks with a gross vehicle weight up to 6,000 pounds to be sold in California. That smog index shall be based on certification data quantifying tailpipe and evaporative emissions of ozone precursor chemicals for classes of vehicles. (b) For diesel fuel vehicles, the smog index shall be based on certification data quantifying tailpipe emissions of ozone precursor chemicals and particulate matter. Particulate emissions from diesel fuel vehicles certified to model year standards that did not include a particulate limit may be assumed to be equal to particulate emissions for model year 1985 diesel fuel vehicles. (c) The state board shall specify the relative weight of emissions of ozone precursor chemicals and particulates in the smog index values for diesel vehicles. This weighting shall be based on the relative importance of each category of emissions to air quality problems in California. (d) Smog index number 1.0 shall be assigned to a hypothetical light-duty passenger vehicle, a hypothetical light-duty truck with a gross vehicle weight of 3,750 pounds or less, and a hypothetical light-duty truck with a gross vehicle weight of greater than 3,750 pounds up to 6,000 pounds, emitting the maximum amount of pollution allowed for that class of vehicle certified for sale in this state as of the January 1 immediately preceding the operative date of this section. The state board shall determine the existing class or classes of vehicles to which the smog index shall be applied. (Amended (as added by Stats. 1994, Ch. 1192) by Stats. 1996, Ch. 1154, Sec. 28. Effective September 30, 1996. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)
  71. 44252.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. )

    Verify source ↗

    The state board must establish smog index numbers for vehicle classes or categories that may be modified by an emissions retrofit device, and it must do so in consultation with the bureau.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. ) ## 44252. The state board, in consultation with the bureau, shall establish smog index numbers for classes or categories of vehicles that may be modified by the use of an emissions retrofit device. (Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)
  72. 44253.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. )

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    If the EPA adopts a similar vehicle index-number system, the state board must adopt those EPA index numbers as the smog index and fill any gaps with a consistent state smog index.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. ) ## 44253. If the Environmental Protection Agency adopts a system that provides for the assignment of one or more index numbers to vehicles in a manner, and for purposes, similar to the smog index provided for in this chapter, the state board shall adopt the index numbers assigned to vehicles by the Environmental Protection Agency as the smog index, but shall also specify a smog index consistent with the federal index system for any vehicle subject to this chapter for which the Environmental Protection Agency has not specified an index number. (Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)
  73. 44254.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. )

    Verify source ↗

    The state board must publish smog index numbers and set formats for decals, charts, and notices that explain the smog index to buyers and vehicle owners.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. ) ## 44254. (a) The state board shall publish the smog index numbers in a form that is convenient for use by the Department of Motor Vehicles, the bureau, vehicle owners, manufacturers, dealers, and consumers shopping for a new or used motor vehicle of a particular type. (b) The state board, in consultation with the Environmental Protection Agency, shall adopt regulations specifying a form of decal to be affixed by manufacturers to new motor vehicles pursuant to Section 43200.5 to inform purchasers of the smog index for the vehicle, a smog index chart listing vehicle model years and the corresponding smog index for that model year to be affixed by motor vehicles dealers to used motor vehicles pursuant to subdivision (c) of Section 43705, and information to inform purchasers of the significance of the smog index and smog index chart. (c) The state board, in consultation with the Department of Motor Vehicles, shall specify a form of notice to be provided by the Department of Motor Vehicles to each owner of a motor vehicle registered in this state, informing the owner of the smog index for the vehicle and the significance of the smog index. (Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years after operative date. Repealed on January 1 after inoperative date, pursuant to Section 44257.)
  74. 44257.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. )

    Verify source ↗

    Chapter 8 becomes inoperative five years after the date set under Section 32 of the act adding it, and it is repealed on the following January 1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8. Smog Index Numbers [44250 - 44257] ( Chapter 8 added by Stats. 1994, Ch. 1192, Sec. 31. ) ## 44257. This chapter shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this chapter, and on the January 1 following that date is repealed. (Added by Stats. 1994, Ch. 1192, Sec. 31. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Repealed on date prescribed by its own provisions. Note: Termination clause affects Chapter 8, commencing with Section 44250.)
  75. 44258.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. )

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    This section defines terms used in the chapter, including car sharing, disadvantaged community, near-zero-emission vehicle, and zero-emission vehicle.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. ) ## 44258. For purposes of this chapter, the following terms have the following meanings: (a) “Car sharing” means a model of vehicle rental where users can rent vehicles for short periods of time and users are members that have been preapproved to drive. (b) “Disadvantaged community” means a community identified by the California Environmental Protection Agency pursuant to Section 39711. (c) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. (d) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the state board. (Added by Stats. 2014, Ch. 530, Sec. 3. (SB 1275) Effective January 1, 2015.)
  76. 44258.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. )

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    This section creates the Charge Ahead California Initiative, puts the state board in charge, and requires funding plans, periodic updates, rebate-project revisions, outreach, and agricultural vanpool support measures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. ) ## 44258.4. (a) Any moneys utilized pursuant to this chapter from the Greenhouse Gas Reduction Fund, created 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 funding plan for the 2016–17 fiscal year of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9), 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) Eligibility is limited based on income. (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 44124) 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. (5) (A) Require agricultural vanpool programs, including, but not limited to, the agricultural worker vanpools pilot project implemented by the state board pursuant to this chapter, to serve disadvantaged communities, as defined in Section 39711, and low-income communities, as defined in Section 39713, and allocate a minimum of 25 percent of the moneys appropriated by the Legislature for agricultural vanpool programs to those programs servicing low-income communities. (B) For the purposes of this paragraph, hybrid vehicle technology shall remain an eligible vehicle technology until the state board determines that a more cost-effective and cleaner alternative becomes commercially available. (Amended by Stats. 2018, Ch. 364, Sec. 1. (AB 2006) Effective January 1, 2019.)
  77. 44258.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. )

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    The state board must adopt policies or regulations to reduce regulatory barriers affecting transportation electrification investments.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. ) ## 44258.5. (a) For the purposes of this section, the following terms mean the following: (1) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (2) “Retail seller” has the same meaning as set forth in subdivision (j) of Section 399.12 of the Public Utilities Code. (3) “Transportation electrification” has the same meaning as set forth in Section 237.5 of the Public Utilities Code. (b) The state board shall identify and adopt appropriate policies, rules, or regulations to remove regulatory disincentives preventing retail sellers and local publicly owned electric utilities from facilitating the achievement of greenhouse gas emission reductions in other sectors through increased investments in transportation electrification. Policies to be considered shall include, but are not limited to, an allocation of greenhouse gas emissions allowances to retail sellers and local publicly owned electric utilities, or other regulatory mechanisms, to account for increased greenhouse gas emissions in the electric sector from transportation electrification. (Amended by Stats. 2016, Ch. 677, Sec. 1. (SB 1393) Effective January 1, 2017.)
  78. 44258.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. )

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    The state board must create a single unified portal for certain vehicle incentive programs and, if feasible, update program rules by July 1, 2024.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.5. Clean Car Incentive Program Requirements [44258 - 44258.7] ( Heading of Chapter 8.5 amended by Stats. 2022, Ch. 371, Sec. 2. ) ## 44258.7. (a) For purposes of this section, the following definitions apply: (1) “Mobility option” has the same meaning as defined in Section 44124. (2) “Zero-emission or near-zero-emission vehicle incentive program” means a program to provide incentives to an individual for the purchase of a light-duty zero-emission or near-zero-emission vehicle. (b) This section applies to zero-emission and near-zero-emission vehicle incentive programs that receive funding from, or are administered by, the state board, as applicable, including, but not limited to, all of the following: (1) The Clean Cars 4 All Program established pursuant to Section 44124.5. (2) The Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9). (3) The Clean Vehicle Assistance Program established as a part of the Air Quality Improvement Program (Article 3 (commencing with Section 44274) of Chapter 8.9). (c) (1) The state board shall create a single unified education and application portal that enables an applicant for any of the programs subject to this section to access information about the program and to submit one application for all of the programs. (2) The development of the education and application portal described in paragraph (1) is contingent upon an appropriation by the Legislature for that purpose, and shall be completed no more than two years following an appropriation by the Legislature for that purpose. (3) When the education and application portal informs an applicant about the incentives that the applicant prequalifies for under programs subject to this section, the state board shall ensure that the portal also informs the applicant about other incentives that may be available to them, such as the California Clean Fuel Reward program and relevant local or regional incentives. (d) (1) On or before July 1, 2024, the state board shall, where the state board finds it feasible, adopt revisions to the requirements of zero-emission and near-zero-emission vehicle incentive programs subject to this section to ensure an opportunity to become prequalified for an incentive is provided in order to ensure that the incentive is guaranteed to the applicant before the applicant purchases a vehicle, mobility option, or other item or service for which the incentive is provided, in line with current best practices that permit applicants to apply incentive moneys toward the purchase at the point of sale. (2) If the state board finds it infeasible to adopt the revisions described in paragraph (1) to the requirements, the state board shall prepare, on or before July 1, 2024, a report describing the rationale for those findings. The state board shall post the report on its internet website and provide notice of the report to the relevant policy and fiscal committees of the Legislature. The report shall include, but is not limited to, all of the following: (A) A description of why the proposed revision is infeasible. (B) Any complementary or overlapping efforts to achieve the policy goals that are underway at the state board. (C) Where appropriate, an identification of any necessary statutory changes that would enable the proposed revisions. (Added by Stats. 2022, Ch. 371, Sec. 3. (SB 1230) Effective January 1, 2023.)
  79. 44260.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. )

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    The state board must run a grant program, with the Energy Commission, to encourage new zero-emission vehicle purchases or leases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. ) ## 44260. The state board, in conjunction with the State Energy Resources Conservation and Development Commission, shall develop and administer a program to provide grants to individuals, local governments, public agencies, nonprofit organizations, and private businesses, to encourage the purchase or lease of a new zero-emission vehicle. The state board may reserve, allocate, and reallocate funds to any of those potential grant recipients. The state board shall periodically review grant applications and the award of grants to ensure, to the greatest extent possible, that all grant funds are used. The state board may reduce or eliminate grants awarded pursuant to this chapter if the state board determines that the recipient received a grant for the purchase or lease of a zero-emission vehicle in the Budget Act of 2001. (Amended by Stats. 2001, Ch. 763, Sec. 3. Effective January 1, 2002.)
  80. 44261.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. )

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    This section sets the maximum grant for an eligible zero-emission vehicle as 90% of the incremental cost above $1,000, and defines key terms for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. ) ## 44261. (a) The maximum available grant for any qualified recipient, as determined by the state board, shall be an amount equal to 90 percent of the incremental cost above one thousand dollars ($1,000) of a new zero-emission light-duty car or truck eligible for the program. (b) For the purposes of this chapter: (1) “Incremental cost” means the amount determined by the State Energy Resources Conservation and Development Commission as the reasonable difference between the cost of the zero-emission vehicle and the cost of a comparable gasoline or diesel fueled vehicle. (2) “New zero-emission vehicle” shall include previously leased vehicles that have been substantially upgraded, as determined by the state board, with new technologies, including, but not necessarily limited to, advanced batteries or power electronics. (Added by Stats. 2000, Ch. 1072, Sec. 1. Effective September 30, 2000.)
  81. 44262.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. )

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    Grant funds under this chapter must be distributed in set amounts for the first three 12-month lease or purchase periods, subject to the state board’s determination.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. ) ## 44262. Grants made pursuant to this chapter shall be distributed in the following manner, in amounts as determined by the state board: (a) Up to three thousand dollars ($3,000) of the available grant funds may be provided for the first 12-month period of the lease or purchase of the vehicle. (b) Up to three thousand dollars ($3,000) of the remaining available grant funds may be provided for the second 12-month period of the lease or purchase of the vehicle. (c) Up to three thousand dollars ($3,000) of the remaining available grant funds may be provided for the third 12-month period of the lease or purchase of the vehicle. (d) No grant funds shall be provided following the third 12-month period of the lease or purchase of the vehicle. (Added by Stats. 2000, Ch. 1072, Sec. 1. Effective September 30, 2000.)
  82. 44263.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. )

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    A zero-emission vehicle is eligible for a grant only if it meets the listed purchase, registration, safety, and freeway-capability criteria.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. ) ## 44263. In order to be eligible to receive a grant under this chapter, a zero-emission vehicle shall meet all of the following criteria: (a) Be purchased on or leased on or after October 1, 2000, and on or before December 31, 2002. For purposes of this subdivision, a vehicle shall be deemed to be leased on the date upon which the lease of the vehicle commences. (b) Be registered with the Department of Motor Vehicles for use in this state. (c) Meet all applicable federal and state safety standards, or, if the vehicle is to be utilized solely for a demonstration program, have received the applicable waivers from the National Highway Traffic Safety Administration. (d) Be capable of operation on a freeway, as determined by the state board in conjunction with the State Energy Resources Conservation and Development Commission. (e) Any other criteria established by the state board. (Added by Stats. 2000, Ch. 1072, Sec. 1. Effective September 30, 2000.)
  83. 44265.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. )

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    A local air management district or air pollution control district may voluntarily administer this grant program, and a district that does so may provide grants for qualified zero-emission vehicles from its own funding sources.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.6. Zero-Emission Vehicle Grants [44260 - 44265] ( Chapter 8.6 added by Stats. 2000, Ch. 1072, Sec. 1. ) ## 44265. (a) The grant program described in this chapter may be administered by a local air management district or air pollution control district on a voluntary basis. (b) Any district that voluntarily administers this grant program is authorized to provide grants from its own funding sources in an amount of five hundred dollars ($500) to one thousand dollars ($1,000) or more per year for each qualified zero-emission vehicle registered within the boundaries of its territorial jurisdiction. (Amended by Stats. 2002, Ch. 664, Sec. 148. Effective January 1, 2003.)
  84. 44268.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act [44268 - 44268.4] ( Chapter 8.7 added by Stats. 2013, Ch. 418, Sec. 2. )

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    This section defines key terms for the Electric Vehicle Charging Stations Open Access Act, including battery, commission, electric vehicle, charging station, service equipment, interoperability billing standards, network roaming, and publicly available parking space.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act [44268 - 44268.4] ( Chapter 8.7 added by Stats. 2013, Ch. 418, Sec. 2. ) ## 44268. As used in this chapter, the following terms have the following meanings: (a) “Battery” means an electrochemical energy storage system powered directly by electrical current. (b) “Commission” means the State Energy Resources Conservation and Development Commission. (c) “Electric vehicle” means a vehicle that uses a plug-in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle. (d) “Electric vehicle charging station” means one or more publicly available parking spaces served by electric vehicle service equipment. (e) “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle. (f) “Interoperability billing standards” means the ability for a member of one electric charging station billing network to use another billing network. (g) “Network roaming” means the act of a member of one electric vehicle charging station billing network using a charging station that is outside of the member’s billing network with the member’s billing network account information. (h) “Publicly available parking space” means a parking space that has been designated by a property owner or lessee to be available to, and accessible by, the public and may include on-street parking spaces and parking spaces in surface lots or parking garages. “Publicly available parking space” shall not include a parking space that is part of, or associated with, a private residence, a parking space that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, such as employees, tenants, visitors, residents of a common interest development, or residents of an adjacent building, or a parking space provided by a producer of electric vehicles as a service. Nothing in this article limits the ability of an owner or lessee of a publicly available parking space whose primary business is other than electric vehicle charging from restricting use of the parking space, such as limiting use to customers and visitors of the business. (Amended by Stats. 2023, Ch. 52, Sec. 3. (SB 123) Effective July 10, 2023.)
  85. 44268.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act [44268 - 44268.4] ( Chapter 8.7 added by Stats. 2013, Ch. 418, Sec. 2. )

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    Electric vehicle charging stations with payment must not require subscription or membership for use, and they must disclose charges and provide specified payment options in defined cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act [44268 - 44268.4] ( Chapter 8.7 added by Stats. 2013, Ch. 418, Sec. 2. ) ## 44268.2. (a) (1) Persons desiring to use an electric vehicle charging station that requires payment of a fee shall not be required to pay a subscription fee in order to use the station, and shall not be required to obtain membership in any club, association, or organization as a condition of using the station. The total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, shall be disclosed to the public at the point of sale. (2) Notwithstanding paragraph (1), an electric vehicle charging station may offer services on a subscription- or membership-only basis provided those electric vehicle charging stations allow nonsubscribers or nonmembers the ability to use the electric vehicle charging station through the payment options detailed in paragraph (3). (3) (A) An electric vehicle charging station that requires payment of a fee and that is first installed or first made publicly available on or after July 10, 2023, at a minimum, shall provide both of the following: (i) A contactless payment method that accepts major credit and debit cards. For purposes of this clause, “contactless payment method” means a secure method for consumers to purchase services using a debit card, credit card, smartcard, or another payment device, by using radio frequency identification (RFID) technology and near-field communication (NFC). (ii) Either an automated toll-free telephone number or a short message system (SMS) that provides the electric vehicle charging customer with the option to initiate a charging session and submit payment. (B) A direct current fast charging station that is first installed or first made publicly available on or after July 10, 2023, shall also include Plug and Charge payment capabilities meeting the International Organization for Standardization (ISO) 15118 standard no later than July 10, 2024. (C) The commission may modify, add to, or subtract from the payment methods required by this paragraph, as appropriate in light of changing technologies or cost impacts. (b) Notwithstanding subdivision (a), an electric vehicle charging station may require payment for charging services to be made through the use of an internet-based application if the electric vehicle charging station is on the premises of an arena that has a seating capacity of at least 15,000 seats and can only be accessed through the use of that internet-based application. (c) The service provider of electric vehicle service equipment at an electric vehicle charging station or its designee shall disclose to the National Renewable Energy Laboratory the electric vehicle charging station’s geographic location, a schedule of fees, accepted methods of payment, and the amount of network roaming charges for nonmembers, if any. (d) Electric vehicle charging stations shall be labeled in accordance with Part 309 of Title 16 of the Code of Federal Regulations, and, where commercially reasonable and feasible, may be clearly marked with appropriate directional signage in the parking area or facility where they are located. (e) (1) If no interoperability billing standards have been adopted by a national standards organization by January 1, 2015, the commission may adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations. If the commission adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within one year. Any standards adopted by the commission shall consider other governmental or industry-developed interoperability billing standards and may adopt interoperability billing standards promulgated by an outside authoritative body. (2) (A) The commission shall apply any network roaming standards adopted pursuant to this section only to major electric vehicle charging network providers. (B) (i) For purposes of this section, “major electric vehicle charging network provider” means an electric vehicle charging network provider that manages at least 100 publicly available electric vehicle charging stations in the state. (ii) Notwithstanding clause (i), the commission may increase the number of publicly available electric vehicle charging stations a major electric vehicle charging network provider must manage in its network before triggering network roaming standards as part of any standards adopted pursuant to this section. (C) Network roaming standards adopted pursuant to this section shall require major electric vehicle charging network providers to accept payment for charging made by users from multiple other major electric vehicle charging network providers and automakers to simplify drivers’ ability to find an electric vehicle charging station and pay for charging. (D) Network roaming standards adopted pursuant to this section shall ensure major electric vehicle charging network providers maintain the ability to choose bilateral or hub-based agreements for roaming agreements. (Amended by Stats. 2025, Ch. 770, Sec. 1.5. (SB 533) Effective January 1, 2026.)
  86. 44268.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act [44268 - 44268.4] ( Chapter 8.7 added by Stats. 2013, Ch. 418, Sec. 2. )

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    The commission generally implements and enforces this chapter, but the state board may enforce it until the commission adopts implementing regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act [44268 - 44268.4] ( Chapter 8.7 added by Stats. 2013, Ch. 418, Sec. 2. ) ## 44268.4. (a) Except as provided in subdivision (b), this chapter shall be implemented and enforced by the commission. (b) Until the commission adopts regulations implementing this chapter, the state board has the authority to enforce this chapter. Regulations adopted by the commission to implement this chapter shall supersede any regulations adopted by the state board implementing this chapter. (Added by Stats. 2023, Ch. 52, Sec. 5. (SB 123) Effective July 10, 2023.)
  87. 44269.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.8. Electric Vehicles [44269 - 44269.2] ( Chapter 8.8 added by Stats. 2024, Ch. 765, Sec. 2. )

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    This section defines terms used in Chapter 8.8 for electric vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.8. Electric Vehicles [44269 - 44269.2] ( Chapter 8.8 added by Stats. 2024, Ch. 765, Sec. 2. ) ## 44269. For purposes of this chapter, the following definitions apply, unless updated pursuant to Section 44269.1: (a) “Battery electric vehicle” means a vehicle that operates solely by use of an electric battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation. (b) “Beneficial bidirectional-capable use case” means the usage of bidirectional-capable battery electric vehicles and bidirectional electric vehicle service equipment in a manner that results in electrical reliability and resiliency benefits and cost savings to the battery electric vehicle operator and is compatible with battery electric vehicle operator needs. (c) “Bidirectional-capable vehicle” means a battery electric vehicle capable of both charging and discharging electricity. (d) “Bidirectional charging” means a charging capability that enables a battery electric vehicle to be charged by either the electrical grid or an onsite clean energy resource, and to discharge stored energy capacity through electric vehicle service equipment to either serve load or export it to the electrical grid. (e) “Bidirectional electric vehicle service equipment” means electric vehicle service equipment capable of both charging and discharging electricity from a battery electric vehicle. (f) “Board” means the State Air Resources Board. (g) “Commission” means the State Energy Resources Conservation and Development Commission. (h) “Electric vehicle service equipment” has the same meaning as defined in Section 44268. (Added by Stats. 2024, Ch. 765, Sec. 2. (SB 59) Effective January 1, 2025.)
  88. 44269.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.8. Electric Vehicles [44269 - 44269.2] ( Chapter 8.8 added by Stats. 2024, Ch. 765, Sec. 2. )

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    The board and the commission may periodically update certain Section 44269 definitions to keep them aligned with current bidirectional-charging technology and innovation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.8. Electric Vehicles [44269 - 44269.2] ( Chapter 8.8 added by Stats. 2024, Ch. 765, Sec. 2. ) ## 44269.1. (a) The board may periodically update the definitions for both of the following terms provided in Section 44269 to ensure that the definitions align with current technologies in bidirectional charging and account for ongoing innovation: (1) Battery electric vehicle. (2) Bidirectional-capable vehicle. (b) The commission may periodically update the definitions for the following terms provided in Section 44269 to ensure that the definitions align with current technologies in bidirectional charging and account for ongoing innovation: (1) Beneficial bidirectional-capable use case. (2) Bidirectional charging. (3) Bidirectional electric vehicle service equipment. (4) Electric vehicle service equipment. (Added by Stats. 2024, Ch. 765, Sec. 2. (SB 59) Effective January 1, 2025.)
  89. 44269.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.8. Electric Vehicles [44269 - 44269.2] ( Chapter 8.8 added by Stats. 2024, Ch. 765, Sec. 2. )

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    The commission may require battery electric vehicles of any weight class to be bidirectional-capable if it finds a sufficiently beneficial use case. It must consider vehicle readiness and duty cycles for essential service providers, and the section does not stop the board from crediting manufacturers that voluntarily add bidirectional capability.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.8. Electric Vehicles [44269 - 44269.2] ( Chapter 8.8 added by Stats. 2024, Ch. 765, Sec. 2. ) ## 44269.2. (a) (1) The commission, in consultation with the board and the Public Utilities Commission, may require any weight class of battery electric vehicle to be bidirectional-capable if it determines there is a sufficiently compelling beneficial bidirectional-capable use case to the battery electric vehicle operator and electrical grid. (2) In its analysis, the commission shall consider vehicle readiness and duty cycles required of vehicles operated by essential service providers. (b) This section does not prohibit the board from crediting a manufacturer of a battery electric vehicle that voluntarily includes bidirectional capability for that battery electric vehicle weight class. (Added by Stats. 2024, Ch. 765, Sec. 2. (SB 59) Effective January 1, 2025.)
  90. 44270.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. )

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    This section gives the chapter its official name and allows it to be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. ) ## 44270. This chapter shall be known, and may be cited, as the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007. (Added by Stats. 2007, Ch. 750, Sec. 5. Effective January 1, 2008.)
  91. 44270.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. )

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    This section defines several terms used in the chapter and related programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. ) ## 44270.3. (a) For the purposes of this chapter, the following terms have the following meanings: (1) “Benefit-cost score,” for the Clean Transportation Program created pursuant to Section 44272, means a project’s expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund. (2) “California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004. (3) “Commission” means the State Energy Resources Conservation and Development Commission. (4) “Full fuel-cycle assessment” or “life-cycle assessment” means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following: (A) Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein. (B) Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein. (C) Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation. (5) “Tribal organization” means a corporation, association, or group controlled, sanctioned, or chartered by a California Native American tribe that is subject to its laws, the laws of the State of California, or the laws of the United States. (6) “Vehicle technology” means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials. (b) For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following terms have the following meanings: (1) “Benefit-cost score” means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project. (2) “Project” means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274. (Amended by Stats. 2023, Ch. 319, Sec. 4. (AB 126) Effective October 7, 2023.)
  92. 44271.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. )

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    This section creates two programs and assigns administration and rulemaking duties to the commission and the state board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. ) ## 44271. (a) This chapter creates the Clean Transportation Program, pursuant to Section 44272, to be administered by the commission, and the Air Quality Improvement Program, pursuant to Section 44274, to be administered by the state board. The commission and the state board shall do all of the following in fulfilling their responsibilities pursuant to their respective programs: (1) Establish sustainability goals to ensure that alternative and renewable fuel and vehicle deployment projects, on a full fuel-cycle assessment basis, will not adversely impact natural resources, especially state and federal lands. (2) Establish a competitive process for the allocation of funds for projects funded pursuant to this chapter, which considers, among other factors, the benefit-cost score, as defined in subdivision (a) of Section 44270.3, associated with a project for the Clean Transportation Program or, as defined in paragraph (1) of subdivision (b) of Section 44270.3, associated with a project, as defined in paragraph (2) of subdivision (b) of Section 44270.3, for the Air Quality Improvement Program. (3) Identify additional federal and private funding opportunities to augment or complement the programs created pursuant to this chapter. (4) Ensure that the results of the reductions in emissions or benefits can be measured and quantified. (5) Ensure that those revenues derived from fees imposed on motor vehicles that are expended pursuant to this chapter are expended in compliance with Section 3 of Article XIX of the California Constitution, as were the revenues derived from fees imposed on motor vehicles pursuant to Assembly Bill 118 (Chapter 750 of the Statutes of 2007). (b) The state board, in consultation with the commission, shall develop and adopt guidelines for both the Clean Transportation Program and the Air Quality Improvement Program to ensure that programs meet both of the following requirements: (1) Activities undertaken pursuant to the programs complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant and greenhouse gas emissions. (2) Activities undertaken pursuant to the programs maintain or improve upon emission reductions and air quality benefits in the State Implementation Plan for Ozone, California Phase 2 Reformulated Gasoline standards, and diesel fuel regulations. (c) For the purposes of both of the programs created by this chapter, eligible projects do not include those required to be undertaken pursuant to state or federal law, district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. For the purposes of the Clean Transportation Program, the state board shall advise the commission to ensure the requirements of this subdivision are met. (Amended by Stats. 2023, Ch. 319, Sec. 5. (AB 126) Effective October 7, 2023.)
  93. 44271.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. )

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    This chapter is severable: if one provision or its application is invalid, the rest can still stand if they can work without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 1. General Provisions [44270 - 44271.5] ( Article 1 heading added by Stats. 2008, Ch. 313, Sec. 1. ) ## 44271.5. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 258, Sec. 12. (SB 155) Effective September 23, 2021.)
  94. 44272.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    This section creates the Clean Transportation Program and gives the commission responsibility to administer it, issue regulations, and manage funding and reporting requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272. (a) The Clean Transportation Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, California Native American tribes, tribal organizations, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy zero-emission technology and fuels in the marketplace where feasible and near-zero-emission technology and fuels elsewhere. (b) The goals of the program shall be to advance the state’s clean transportation, equity, air quality, and climate emission policies, including, but not limited to, any of the following: (1) Section 39719.2. (2) Section 39730.5. (3) Section 43024.2. (4) Section 44124.5. (5) Section 44391.2. (6) Section 25229 of the Public Resources Code. (7) Section 25327 of the Public Resources Code. (8) Section 14517 of the Government Code. (c) On or after January 1, 2025, when developing the investment plan pursuant to Section 44272.5, the commission shall prioritize program investments into the following: (1) Deployment of infrastructure and other projects that advance or support the deployment of medium- and heavy-duty vehicles to meet the clean transportation, equity, air quality, and climate emission goals described in subdivision (b). (2) Deployment of light-duty vehicle infrastructure technology to fill deployment gaps identified pursuant to Sections 25229 and 25231 of the Public Resources Code and advance the goals identified in Executive Order No. N-79-20. (d) On and after January 1, 2025, no less than 50 percent of investments expended pursuant to subdivision (a) shall be expended in accordance with Section 44272.1. (e) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or the executive director’s designee, the authority to approve either of the following: (1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission. (2) Amendments to a contract, grant, loan, or other agreement or award if the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement. (f) The commission shall provide preferences to those projects that maximize the goals of the Clean Transportation Program, based on the following criteria, as applicable: (1) The project’s consistency with existing and future state climate change policy and low-carbon fuel standards. (2) The project’s ability to reduce greenhouse gas emissions, criteria air pollutants, and air toxics, and reduce or avoid multimedia environmental impacts. (3) The project does not adversely impact the sustainability of the state’s natural resources, especially state and federal lands. (4) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph. (5) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses. (6) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project. (7) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace. (8) The project’s ability to transition workers to, or promote employment in, zero-emission fuel and vehicle technology where feasible and near-zero-emission fuel and vehicle technology elsewhere. (9) The project is in a nonattainment area pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and, if applicable, preference shall be given to projects in the highest designation of nonattainment. (10) The project advances the comprehensive strategy for vehicles pursuant to Section 43024.2. (g) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (f), and shall give additional preference to funding those projects with higher benefit-cost scores. (h) Only the following shall be eligible for funding: (1) Zero-emission fuel projects where feasible and near-zero-emission fuel projects elsewhere to develop and improve zero-emission and near-zero-emission fuels, including electricity, renewable diesel, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks. (2) Demonstration and deployment projects that optimize zero-emission fuels and infrastructure where feasible and near-zero-emission fuels and infrastructure elsewhere for existing and developing technologies. (3) Projects to produce alternative and renewable low-carbon fuels in California. (4) Projects to decrease the overall impact of an alternative and renewable fuel’s life-cycle carbon footprint and increase sustainability. (5) Zero-emission fuel infrastructure, fueling stations, and equipment where feasible and near-zero-emission fuel infrastructure, fueling stations, and equipment elsewhere. (6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules. (7) Programs and projects that accelerate the commercialization of zero-emission vehicles, fuels, and infrastructure where feasible and near-zero-emission vehicles, fuels, and infrastructure elsewhere, including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels. (8) Programs and projects to retrofit medium- and heavy-duty on-road and nonroad vehicle fleets with zero-emission technologies where feasible and near-zero-emission technologies elsewhere that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption. (9) Infrastructure projects that promote zero-emission infrastructure development where feasible and near-zero-emission fuel infrastructure development elsewhere connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification. (10) Workforce training programs related to the development and deployment of technologies that transform California’s fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, zero-emission vehicles, technologies, fuels, and infrastructure where feasible and near-zero-emission vehicles, technologies, fuels, and infrastructure elsewhere; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the state’s greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter. (11) Block grants or incentive programs for education and program promotion within California, zero-emission vehicle infrastructure, and development of zero-emission fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission. (12) Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of zero-emission transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation. (13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program. (i) (1) The commission shall require the following data to be reported to the commission, consistent with paragraph (2), as a condition of accepting a grant issued pursuant to this section: (A) For a hydrogen-refueling station grant recipient, the availability of operational fueling nozzles, whether hydrogen is available for refueling at that station, the volume of hydrogen-dispensed basis, the number of vehicles fueled by a station, and any other data deemed necessary by the commission to monitor reliability and accessibility of the refueling infrastructure. (B) For an electric vehicle charging station grant recipient, the availability of operational charging plugs, whether the station was energized, the volume of electricity in kilowatthours used to charge by vehicles, the number of vehicles charged by a station, and any other data deemed necessary by the commission to monitor reliability and accessibility of the charging infrastructure. (2) The commission shall require this data to be measured no less frequently than on a daily basis and reported electronically to the commission no less frequently than quarterly. (j) (1) The commission may make a single source or sole source award pursuant to this section to either of the following: (A) A public or nonpublic entity that manages a United States Department of Energy national laboratory. (B) A public or nonpublic entity for an applied research project. (2) The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. (k) (1) For purposes only of any hydrogen application scoring pursuant to this section, the commission shall provide preference to applicants with the least carbon-intensive proposed fuel, measured well-to-gate, consistent with the clean hydrogen federal tax credit created by Section 45V of Title 26 of the United States Code using the order of tiers created by the regulations adopted pursuant to that section to score hydrogen grant applications, upon the effective date of regulations issued by the United States Department of the Treasury for that tax credit. (2) This scoring preference does not establish a new hydrogen standard and shall only be used to score applications submitted to the program established pursuant to this section. (l) The commission shall require the awardees of funding pursuant to this section for any hydrogen-fueling infrastructure to provide to the commission the source and carbon intensity of the hydrogen produced for, or dispensed by, hydrogen-fueling stations, as measured by the methodology in the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). (m) The commission shall require the awardees of funding pursuant to this section for any electric vehicle charging infrastructure to report to the commission the source and greenhouse gas emissions intensity, on an annual basis, of the electricity used and dispensed by electric vehicle charging stations at the meter, consistent with the disclosure methodology set forth in Article 14 (commencing with Section 398.1) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code. (n) The commission may do all of the following: (1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). (2) Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). (3) Advance funds, pursuant to an agreement with the commission, to any of the following: (A) A public entity. (B) A nonpublic entity managing a United States Department of Energy national laboratory. (C) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient. (D) An administrator of a block grant program. (o) The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards. (Amended by Stats. 2025, Ch. 15, Sec. 5. (SB 127) Effective June 27, 2025.)
  95. 44272.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    The commission must spend at least 50% of Clean Transportation Program money on projects that directly benefit disadvantaged and low-income communities and low-income Californians, and it must consult specified advisory groups.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272.1. (a) On and after January 1, 2025, the commission shall expend at least 50 percent of the moneys appropriated to the Clean Transportation Program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians. (b) Eligible programs and projects that meet the equity criteria described in subdivision (a) may include, but are not limited to, any of the following: (1) Programs that fill gaps in the equitable distribution of light-duty charging infrastructure identified pursuant to Section 25231 of the Public Resources Code, including programs deploying charging or refueling stations at low-income residential and multiunit dwelling locations. (2) Programs deploying publicly accessible or shared charging or refueling stations serving low-income customers who reside in disadvantaged and low-income communities, including programs to promote zero-emission car sharing, zero-emission transit, or vanpooling in those communities. (3) Infrastructure for public transportation and schoolbus electrification programs. (4) Programs that support the deployment of clean medium- and heavy-duty vehicles, including infrastructure deployment and other programs to displace local air pollution that disproportionately burdens disadvantaged and low-income communities. (5) Financing assistance and charging, or fueling incentives for customers residing in disadvantaged and low-income communities. (6) Multilingual marketing, education, and outreach designed to increase awareness and adoption of clean mobility options. (7) Programs that create high-quality jobs related to supporting new clean technologies in transportation and reduce household energy burdens related to vehicle charging. (c) The commission shall consult with the disadvantaged community advisory group established pursuant to Section 400 of the Public Utilities Code and the advisory body created pursuant to Section 44272.5 to ensure that this section is effectively implemented. (Added by Stats. 2023, Ch. 319, Sec. 7. (AB 126) Effective October 7, 2023.)
  96. 44272.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    Eligible projects may receive funding, and the commission must collaborate with specified education and conservation entities on workforce development components.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272.2. (a) A project, including a workforce development or training project, that develops instate production of raw materials and the manufacturing supply chain for zero-emission vehicle components shall be eligible to receive funding under the program established pursuant to Section 44272. (b) In addition to the entities set forth in Section 44272, the commission shall also collaborate with the California Community Colleges, the certified community conservation corps as defined in Section 14507.5 of the Public Resources Code, the California Conservation Corps, and the California Mobility Center to implement the workforce development components of the program established pursuant to Section 44272. (Added by Stats. 2021, Ch. 732, Sec. 1. (SB 589) Effective January 1, 2022.)
  97. 44272.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    Biorefiners receiving loans under the California Ethanol Producer Incentive Program must submit plans, cost estimates, permits, financing, construction, and completed modifications on a set schedule.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272.3. (a) It is the intent of the Legislature that, to the maximum extent feasible, loan moneys provided by the state to refiners of biofuels, also known as biorefiners, be awarded so as to increase the efficiency and environmental sustainability of biofuel production. (b) In order to reduce the carbon intensity equivalent value of the fuel that biorefiners produce, biorefiners receiving loans from the commission’s California Ethanol Producer Incentive Program, established under the authority of this chapter, shall meet all of the following requirements: (1) Within six months of acceptance to the program, biorefiners shall submit a draft plan to the commission that details one or more projects that can be undertaken at the biorefinery that are designed to achieve compliance with either of two biorefinery operational enhancement goals established by the commission. (2) Within 12 months of acceptance to the program, biorefiners shall submit a detailed cost estimate for their target projects that can be undertaken at the biorefinery and that are designed to achieve compliance with the commission’s enhancement goals. (3) Within 24 months of acceptance to the program, biorefiners shall complete and obtain all of the necessary permits or negative declarations sufficient to allow the project to move forward with financing, major equipment purchases, and hiring if project approval is executed by the company’s officers. (4) Within 36 months of acceptance to the program, biorefiners shall obtain all of the necessary financing and initiate construction for their project associated with their elected enhancement goal pathway. (5) Within 48 months of acceptance to the program, biorefiners shall complete all modifications to the facility and begin modified operations that achieve compliance with either of the enhancement goal pathways selected by the project applicant. (c) This section does not limit the commission’s ability to set more stringent guidelines for the California Ethanol Producer Incentive Program that further maximize the efficiency and environmental sustainability of biofuel production. (d) This section shall become inoperative on July 1, 2013. (Amended by Stats. 2012, Ch. 183, Sec. 1. (AB 523) Effective January 1, 2013. Inoperative July 1, 2013, by its own provisions. Note: See related provisions in Section 44272.4.)
  98. 44272.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    The commission must develop, consult on, and annually update an investment plan for the Clean Transportation Program, with public hearings and workshops before approval.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272.5. (a) The commission shall develop and adopt an investment plan to determine priorities and opportunities for the Clean Transportation Program created pursuant to this chapter. The investment plan shall establish priorities for investment of funds and technologies to achieve the goals of this chapter and describe how funding will complement existing public and private investments, including existing state programs that further the goals of this chapter. The commission shall create and consult with an advisory body as it develops the investment plan. The advisory body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The commission shall, at a minimum, hold one public hearing on the advisory body’s recommendations prior to approving the investment plan. (b) Membership of the advisory body created pursuant to subdivision (a) shall include, but is not limited to, representatives of fuel and vehicle technology entities, labor organizations, environmental organizations, community-based justice and public health organizations, recreational boaters, consumer advocates, academic institutions, workforce training groups, and private industry. The advisory body shall also include representatives from the Resources Agency, the Transportation Agency, the Labor and Workforce Development Agency, and the California Environmental Protection Agency. (c) The commission shall hold at least three public workshops in different regions of the state and one public hearing prior to approving the investment plan. The commission shall annually update and approve the plan. The commission shall reconvene and consult with the advisory body created pursuant to subdivision (a) prior to annually updating and approving the plan. (Amended by Stats. 2021, Ch. 258, Sec. 15. (SB 155) Effective September 23, 2021.)
  99. 44272.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    The Commission must, by January 1, 2026, propose alternative funding methods or fee structures for funding zero-emission vehicle infrastructure, and include an assessment of the alternatives’ economic equity.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272.6. By January 1, 2026, the State Energy Resources Conservation and Development Commission, in consultation with the State Air Resources Board and the Department of Motor Vehicles, shall propose to the Legislature alternative funding methodologies or fee structures for funding zero-emission vehicle infrastructure for light-, medium-, and heavy-duty vehicles. The proposal shall include an assessment of the economic equity of the alternatives. (Added by Stats. 2023, Ch. 319, Sec. 9. (AB 126) Effective October 7, 2023.)
  100. 44272.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    The commission must submit investment plan updates to legislative committees on set dates and notify them quickly about significant changes.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44272.7. (a) On or before March 15, 2011, and each January thereafter concurrent with the submittal of the Governor’s Budget, the commission shall submit a draft update to the investment plan, as developed in accordance with Section 44272.5, for the upcoming fiscal year to the Joint Legislative Budget Committee and all relevant policy and fiscal committees of the Legislature. (b) Beginning with the investment plan update for the 2012–13 fiscal year, the commission shall submit the final investment plan update for the ensuing fiscal year, as developed in accordance with Section 44272.5, to the Joint Legislative Budget Committee and all relevant policy and fiscal committees of the Legislature each May concurrent with the submittal of the Governor’s May Revision to the budget. (c) Subsequent to the approval of the investment plan update pursuant to subdivision (c) of Section 44272.5, the commission shall, within 30 days, notify the Joint Legislative Budget Committee and all relevant policy and fiscal committees of the Legislature if a significant modification to the final investment plan update is approved. For purposes of this subdivision, “significant modification” means an augmentation or reduction the value of which individually exceeds 50 percent of the commission-approved allocation to an investment plan subcategory or is at least two million dollars ($2,000,000). For other modifications that do not meet this definition, the commission shall notify the Joint Legislative Budget Committee and all relevant policy and fiscal committees of the Legislature within 90 days, or at such earlier time as the aggregate total of unreported modifications equals five million dollars ($5,000,000) or more. (d) (1) It is the intent of the Legislature that the investment plan, including updates to the plan, communicate the commission’s strategic vision and priorities with respect to the development of alternative and renewable fuel and vehicle technologies, and will provide an analytical rationale for all proposed expenditures that aligns with the commission’s broader strategic goals for the program. (2) It is also the intent of the Legislature that the investment plan update highlight and explain the rationale for any year-over-year changes to the commission’s program strategy and priorities, particularly with respect to specific technologies or policy initiatives. (3) Additionally, it is the intent of the Legislature that submission of the draft update to the investment plan concurrent with the Governor’s Budget, along with timely notification of significant modifications to the investment plan update thereafter, will improve legislative oversight of the program and provide the Legislature with all of the necessary information to fully understand how and why funds are to be allocated and prioritized within the program. (Amended by Stats. 2011, Ch. 487, Sec. 2. (AB 1314) Effective January 1, 2012.)
  101. 44273.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. )

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    The commission must administer the fund and spend its money, when appropriated by the Legislature, to run the Clean Transportation Program. The commission must also include a required evaluation in the energy policy report and later reports.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 2. Clean Transportation Program [44272 - 44273] ( Heading of Article 2 amended by Stats. 2021, Ch. 258, Sec. 13. ) ## 44273. (a) The Alternative and Renewable Fuel and Vehicle Technology Fund is hereby created in the State Treasury, to be administered by the commission. The moneys in the fund, upon appropriation by the Legislature, shall be expended by the commission to implement the Clean Transportation Program in accordance with this chapter. (b) Beginning with the integrated energy policy report adopted in 2011, and in the subsequent reports adopted thereafter, pursuant to Section 25302 of the Public Resources Code, the commission shall include an evaluation of research, development, and deployment efforts funded by this chapter. The evaluation shall include all of the following: (1) A list of projects funded by the Alternative and Renewable Fuel and Vehicle Technology Fund. (2) The expected benefits of the projects in terms of air quality, petroleum use reduction, greenhouse gas emissions reduction, technology advancement, benefit-cost assessment, and progress towards achieving these benefits. (3) The overall contribution of the funded projects toward promoting a transition to a diverse portfolio of clean, alternative transportation fuels and reduced petroleum dependency in California. (4) Key obstacles and challenges to meeting these goals identified through funded projects. (5) Recommendations for future actions. (Amended by Stats. 2021, Ch. 258, Sec. 16. (SB 155) Effective September 23, 2021.)
  102. 44274.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. )

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    The Air Quality Improvement Program is created and the state board must administer it, write guidelines, hold a public hearing and workshops, and report to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. ) ## 44274. (a) The Air Quality Improvement Program is hereby created. The program shall be administered by the state board, in consultation with the districts. The state board shall develop guidelines to implement the program. Prior to the adoption of the guidelines, the state board shall hold at least one public hearing. In addition, the state board shall hold at least three public workshops with at least one workshop in northern California, one in the central valley, and one in southern California. The purpose of the program shall be to fund, upon appropriation by the Legislature, air quality improvement projects relating to zero-emission fuel and vehicle technologies. The primary purpose of the program shall be to fund projects to reduce criteria air pollutants in the logistics, goods movement, off-road, warehouse, and port sectors, improve air quality in nonattainment basins, with a priority for projects located in the areas of extreme nonattainment, and improve the air quality impacts of zero-emission transportation fuels and vehicles, vessels, and equipment technologies. (b) The state board shall provide preference in awarding funding to projects with higher benefit-cost scores that maximize the purposes and goals of the Air Quality Improvement Program. The state board may give additional preference based on the following criteria, as applicable, in funding awards to projects: (1) Proposed or potential reduction of criteria or toxic air pollutants. (2) Contribution to regional air quality improvement. (3) Ability to promote the use of clean alternative fuels and vehicle technologies as determined by the state board, in coordination with the commission. (4) Ability to achieve climate change benefits in addition to criteria pollutant or air toxic emissions reductions. (5) Ability to support market transformation of California’s vehicle or equipment fleet to utilize zero-emission technologies. (6) Ability to leverage private capital investments. (c) The program shall be limited to competitive grants, revolving loans, loan guarantees, loans, and other appropriate funding measures that further the purposes of the program. Projects to be funded shall include only the following: (1) On-road and off-road equipment projects that are cost effective. (2) Projects that provide mitigation for off-road gasoline exhaust and evaporative emissions. (3) Incentives for small off-road equipment replacement to encourage consumers to replace internal combustion engine lawn and garden equipment. (4) Incentives for medium- and heavy-duty vehicles and equipment mitigation, including all of the following: (A) Lower emission schoolbus programs. (B) Electric, hybrid, and plug-in hybrid on-road and off-road medium- and heavy-duty equipment. (C) Regional air quality improvement and attainment programs implemented by the state or districts in the most impacted regions of the state. (D) Precommercial demonstrations of advanced vehicles, engines, equipment, and transportation systems. (5) Workforce training initiatives related to advanced energy technology designed to reduce air pollution, including state-of-the-art equipment and goods, and new processes and systems. Workforce training initiatives funded shall be broad-based partnerships that leverage other public and private job training programs and resources. These partnerships may include, though are not limited to, employers, labor unions, labor-management partnerships, community organizations, workforce investment boards, postsecondary education providers including community colleges, and economic development agencies. (6) Incentives to identify and reduce emissions from high-emitting light-duty vehicles. (d) (1) Beginning January 1, 2011, the state board shall submit to the Legislature a biennial report to evaluate the implementation of the Air Quality Improvement Program established pursuant to this chapter. (2) The report shall include all of the following: (A) A list of projects funded by the Air Quality Improvement Account. (B) The expected benefits of the projects in promoting clean, alternative fuels and vehicle technologies. (C) Improvement in air quality and public health, greenhouse gas emissions reductions, and the progress made toward achieving these benefits. (D) The impact of the projects in making progress toward attainment of state and federal air quality standards. (E) Recommendations for future actions. (3) The state board may include the information required to be reported pursuant to paragraph (1) in an existing report to the Legislature as the state board deems appropriate. The state board may also include in an existing report the description of how grant, loan, voucher, or other incentive projects that receive moneys from the Air Quality Improvement Fund are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable. (e) Projects using grants, loans, vouchers, or other incentives funded in part or whole by the Air Quality Improvement Fund shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable. (Amended by Stats. 2023, Ch. 319, Sec. 10. (AB 126) Effective October 7, 2023.)
  103. 44274.10.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. )

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    This section defines key terms used in the article, including financing tools, fleet, medium- and heavy-duty vehicle, nonfinancial supports, program, and underserved community.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. ) ## 44274.10. For purposes of this article, the following definitions apply: (a) “Financing tools” includes, but is not limited to, any of the following: (1) Capital instruments, which are financing instruments that increase access to capital or other resources or reduce the cost of capital, or both, such as interest rate reductions, public-backed “soft” loans, grants, bonds, and investment aggregation, also known as warehousing. (2) Risk reduction instruments, which are financing instruments that reduce exposure to risk or uncertainty, such as performance guarantees and asset residual value guarantees. (3) Cost smoothing instruments, which are financing instruments that reduce and smooth up-front or recurrent costs, or both, such as operational leasing, all-inclusive leasing, also known as wet leasing, lease-purchase agreements, and on-bill financing. (b) “Fleet” means one or more vehicles under common control or ownership. (c) “Medium- and heavy-duty vehicle” includes, but is not limited to, trucks, buses, and vehicles used for construction and earth moving purposes. (d) “Nonfinancial supports” means technical support, such as supports for technical management of electric medium- and heavy-duty vehicles, technical assistance for financing approaches, battery health programs, and creation of residual markets, or policy action, such as policy measures to enable financing or encourage fleet transitions. (e) “Program” means the Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program established pursuant to Section 44274.11. (f) “Underserved community” means any of the following communities: (1) A low-income community as defined by paragraph (2) of subdivision (d) of Section 39713. (2) A community identified as a disadvantaged community by the California Environmental Protection Agency pursuant to Section 39711. (3) A community selected by the state board pursuant to Section 44391.2. (4) A community located on lands belonging to a federally recognized California Native American tribe. (Amended by Stats. 2022, Ch. 574, Sec. 11. (AB 211) Effective September 27, 2022.)
  104. 44274.11.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. )

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    This section establishes a program to help medium- and heavy-duty vehicle fleet operators move to zero-emission vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. ) ## 44274.11. The Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program is hereby established within the state board’s Air Quality Improvement Program established pursuant to Section 44274 to make financing tools and nonfinancial supports available to the operators of medium- and heavy-duty vehicle fleets to enable those operators to transition their fleets to zero-emission vehicles. (Amended by Stats. 2022, Ch. 574, Sec. 12. (AB 211) Effective September 27, 2022.)
  105. 44274.12.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. )

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    The state board must set up and run a financing program for medium- and heavy-duty vehicle fleets, with required outreach, support design, priority targeting, and reporting steps.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. ) ## 44274.12. (a) The state board shall do all of the following when developing and implementing the program: (1) Seek input from environmental justice organizations, medium- and heavy-duty vehicle fleets of diverse sizes and types, financiers, original truck equipment manufacturers, transportation, logistics, and fleet management companies, nongovernmental organizations, and other relevant stakeholders on all of the following topics: (A) Which medium- and heavy-duty fleets should be designated as high-priority fleets pursuant to paragraph (5), taking into consideration the implications for climate change, pollution and environmental justice, state policy regarding clean air and transportation, and post-COVID economic recovery. (B) How to apply to the program the Governor’s Office of Business and Economic Development’s findings on the critical barriers that impede medium- and heavy-duty fleets in different sectors and of different fleet sizes from transitioning to zero-emission vehicles. (C) The financing tools and nonfinancial supports that should be used to help overcome the critical barriers identified pursuant to subparagraph (B). (D) How to determine whether the program is successful in meeting its goals. (2) Develop and design, in consultation with other relevant state agencies and building on the input received pursuant to paragraph (1), financing tools and nonfinancial supports that are most appropriate for different sizes and sectors of medium- and heavy-duty vehicle fleets. (3) Ensure the financing tools and nonfinancial supports identified pursuant to paragraph (2) have no redundancies or inefficiencies with other state programs. (4) Ensure that a minimum of 75 percent of financing products offered under the program are directed towards operators of medium- and heavy-duty fleets whose fleets directly impact, or operate in, an underserved community. (5) Designate which medium- and heavy-duty fleets are the high-priority fleets that will have access to the program first based on a consideration of state transportation policy and the input received pursuant to paragraph (1). The state board shall designate port and drayage truck fleets as one of the high-priority fleets until a date determined by the state board. (6) Provide financing tools to operators of small and microfleets of medium- and heavy-duty vehicles that include, but are not limited to, direct assistance, such as incentives, grants, and vouchers, that increase access to capital and reduce exposure to market risks or uncertainties. The state board shall determine how many vehicles constitute a small fleet and a microfleet for purposes of the program. (7) Provide financing tools to operators of large fleets of medium- and heavy-duty vehicles to increase access to private capital in ways that make it easier, less expensive, or reduce uncertainties, or any combination of these things, for the operators to transition to zero-emission vehicles. The state board shall determine how many vehicles constitute a large fleet for purposes of the program. (8) Enable the stacking or coordinated combination of financial tools and nonfinancial supports. (9) Facilitate the decommissioning of high-polluting medium- and heavy-duty vehicles in accordance with the state’s clean air targets and goals. (10) Enable the development of replicable business models that allow private capital to fully engage, while meeting the goals of this article. (11) Include optimal financing tools and appropriate nonfinancial supports that are designed and targeted to catalyze electrification at scale. (12) Encourage emerging flexible business, operational, and ownership models that accomplish the goals of this article, such as lease-backs or electric vehicle managers and lessors. (13) Ensure the financing tools and nonfinancial supports designed and developed pursuant to this section are available to operators of medium- and heavy-duty fleets by January 1, 2023. (b) Upon appropriation by the Legislature, the state board may allocate moneys to the program from, but is not limited to funding the program from, all of the following funding sources: (1) The Air Quality Improvement Fund created by Section 44274.5. (2) The Greenhouse Gas Reduction Fund created by Section 16428.8 of the Government Code. (3) The General Fund. (c) (1) The state board shall ensure that the program aligns with milestones established in Executive Order No. N-79-20 and the goals set forth in Resolution 20-19 adopted by the state board on June 25, 2020, along with the Advanced Clean Trucks Regulation (Sections 1963 to 1963.5, inclusive, and Sections 2012 to 2012.2, inclusive, of Title 13 of the California Code of Regulations). (2) The state board shall do both of the following: (A) Establish penetration targets for deployment of financing tools and nonfinancial supports to operators, including, but not limited to, those whose fleets directly impact, or operate in, underserved communities for each milestone specified in paragraph (1). (B) Compile data and information about the deployment of financing tools and nonfinancial supports provided pursuant to the program to operators, including, but not limited to, those whose fleets directly impact, or operate in, underserved communities. (d) The state board shall coordinate with the Public Utilities Commission and the State Energy Resources Conservation and Development Commission to provide marketing, education, and outreach to underserved communities regarding the program. (Amended by Stats. 2022, Ch. 574, Sec. 13. (AB 211) Effective September 27, 2022.)
  106. 44274.13.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. )

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    The state board must create a data collection and dissemination strategy, keep certain fleet business information confidential, and include financing-related data in the strategy.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. ) ## 44274.13. (a) In implementing the program, the state board, shall develop a data collection and dissemination strategy for the program to facilitate informed decisionmaking by other state agencies and private sector financiers. (b) The state board shall keep confidential all business trade secrets and proprietary information about fleets that it gathers or becomes aware of through the course of implementing and administering this article, including through applications for financial assistance. Business trade secrets and proprietary information obtained pursuant to this subdivision are not subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The strategy developed pursuant to subdivision (a) shall include data that is necessary to facilitate the financing of zero-emission vehicles in order to increase the scalability of financial tools and nonfinancial supports. These data include, but are not limited to, vehicle and battery performance, upfront and operational costs, residual values, operational revenues, and zero-emission vehicle miles traveled. (Amended by Stats. 2022, Ch. 574, Sec. 14. (AB 211) Effective September 27, 2022.)
  107. 44274.14.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. )

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    The state board must consult with two commissions about using on-bill tariff products for charging and fueling infrastructure.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. ) ## 44274.14. The state board shall consult with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission on the use of on-bill tariff products for charging and fueling infrastructure that would allow operators of medium- and heavy-duty fleets to see fuel cost savings of zero-emission vehicles relative to diesel fuel. (Amended by Stats. 2022, Ch. 574, Sec. 15. (AB 211) Effective September 27, 2022.)
  108. 44274.15.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. )

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    The state board must create a website-based one-stop shop for medium- and heavy-duty fleet operators with information on financing, grants, and technical assistance for zero-emission vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program [44274.10 - 44274.15] ( Article 4 added by Stats. 2021, Ch. 639, Sec. 2. ) ## 44274.15. The state board shall create, in coordination with other state agencies that administer programs similar to the program established in Section 44274.11, a “one-stop shop” that provides information on the state board’s internet website to operators of medium- and heavy-duty fleets about all of the potential financing and grant options and other technical assistance available to help obtain financing for zero-emission medium- and heavy-duty vehicles. (Added by Stats. 2021, Ch. 639, Sec. 2. (SB 372) Effective January 1, 2022.)
  109. 44274.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. )

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    This section defines several terms and requires the state board to work with transportation network companies, related fleet providers, and stakeholders to evaluate certain incentive programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. ) ## 44274.4. (a) For purposes of this section, the following terms have the following meanings: (1) “California Clean Miles Standard and Incentive Program” means the program established pursuant to Section 5450 of the Public Utilities Code. (2) “Clean Vehicle Rebate Project” means the program established by the board as part of the Air Quality Improvement Program pursuant to this article. (3) “Transportation network company” has the same meaning as defined in Section 5431 of the Public Utilities Code. (4) “Zero-emission vehicle” has the same meaning as defined in Section 44258. (b) The state board shall work with transportation network companies, including their affiliates; fleet owners that provide vehicles by contract to participating drivers for use on transportation network company platforms; entities contracting with participating drivers to provide zero-emission vehicles for use on transportation network company platforms; and stakeholders to evaluate the role of rental fleet, car share fleet, and business Clean Vehicle Rebate Project incentives with the California Clean Miles Standard and Incentive Program. (Added by Stats. 2018, Ch. 369, Sec. 2. (SB 1014) Effective January 1, 2019.)
  110. 44274.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. )

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    An Air Quality Improvement Fund is created in the State Treasury and administered by the state board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. ) ## 44274.5. The Air Quality Improvement Fund is hereby created in the State Treasury, to be administered by the state board. The moneys in the Air Quality Improvement Fund, upon appropriation by the Legislature, shall be expended by the state board in accordance with this chapter to implement the Air Quality Improvement Program. The Legislature may transfer moneys from the fund to the Carl Moyer Memorial Air Quality Standards Attainment Trust Fund. (Added by Stats. 2007, Ch. 750, Sec. 5. Effective January 1, 2008.)
  111. 44274.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. )

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    The state board must provide outreach to low-income households and low-income communities about the Clean Vehicle Rebate Project.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. ) ## 44274.6. (a) For purposes of this section, the following definitions apply: (1) “Low income” means a resident of the state whose household income is less than or equal to 300 percent of the federal poverty level. (2) “Low-income communities” has the same meaning as defined in Section 39713. (b) Under the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program, the state board shall provide outreach to low-income households and low-income communities to increase consumer awareness of the Clean Vehicle Rebate Project. (c) This section shall become operative on January 1, 2022. (Repealed and added by Stats. 2018, Ch. 366, Sec. 2. (AB 2885) Effective January 1, 2019. Section operative January 1, 2022, by its own provisions.)
  112. 44274.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. )

    Verify source ↗

    The state board must use certain Air Quality Improvement Fund money to provide financial assistance for early compliance by owners and operators of heavy-duty diesel vehicles, and it must give funding priority to specified smaller or hardship-affected operators.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 [44270 - 44274.15] ( Chapter 8.9 added by Stats. 2007, Ch. 750, Sec. 5. ) ## ARTICLE 3. The Air Quality Improvement Program [44274 - 44274.7] ( Article 3 heading added by Stats. 2008, Ch. 313, Sec. 8. ) ## 44274.7. (a) Notwithstanding any other provision of this chapter, funds appropriated by the Legislature to the state board from the Air Quality Improvement Fund in the Budget Act of 2008, not used to implement the Air Quality Improvement Program, shall be expended by the state board to provide financial assistance to owners and operators of on-road heavy-duty diesel-fueled motor vehicles for costs associated with early compliance with both of the following regulations: (1) Regulations to reduce emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants, and greenhouse gases from in-use heavy-duty diesel-fueled vehicles. (2) Regulations to reduce greenhouse gas emissions from heavy-duty tractors and 53-foot box-type trailers that transport freight on state highways. (b) Funds shall be expended for low- or zero-interest loans or grants. (c) Priority for funding shall be provided to both of the following: (1) Owners of less than three on-road heavy-duty diesel-fueled motor vehicles and to those owners and operators most heavily impacted by the regulations described in subdivision (a) who demonstrate financial hardship as determined by the state board. (2) On-road heavy-duty diesel-fueled motor vehicles that are used for short-haul trucking, including short-haul trucking that crosses state or federal borders where there are significant air pollution impacts in the state. (d) The state board may contract with the Treasurer for assistance in expending funds through programs implemented by the Treasurer. (e) The state board shall maximize use of the funds described in this section with other funds that may be available for on-road heavy-duty diesel-fueled motor vehicle pollution reduction, including, but not limited to, the Goods Movement Emission Reduction Program (Chapter 3.2 (commencing with Section 39625) of Part 2) and the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275)). (f) By January 1, 2010, and each January 1 thereafter until all funds are expended, the state board shall report to the Legislature on the implementation of this section, including, but not limited to, the types of financial assistance provided. (Added by Stats. 2008, Ch. 760, Sec. 13. Effective September 30, 2008.)
  113. 44282.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 4. General Eligibility Criteria [44282 - 44282.5] ( Article 4 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    An off-road project using farm equipment is treated as having at least a 10-year minimum project life.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 4. General Eligibility Criteria [44282 - 44282.5] ( Article 4 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44282.5. (a) An off-road project that involves farm equipment shall be deemed to have a minimum project life of at least 10 years. (b) A grant may be awarded for a project described in subdivision (a) regardless of the time period between the date the application for funding was submitted and the compliance date required by any local, state, or federal statute, regulation, rule, memorandum of agreement, memorandum of understanding, or other legal restriction or legally binding document that requires the change in equipment, vehicle, or operation involved in the project, provided the project is not funded after the date for compliance. (Added by Stats. 2009, 2nd Ex. Sess., Ch. 1, Sec. 1. Effective May 21, 2009.)
  114. 44284.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 6. Infrastructure Demonstration Project [44284- 44284.] ( Article 6 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    The commission must run a demonstration program that funds fueling and electrification infrastructure, subject to funding caps, application rules, and project eligibility limits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 6. Infrastructure Demonstration Project [44284- 44284.] ( Article 6 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44284. (a) In order to provide sufficient support for low-emission vehicle projects at the start of the program, the commission shall administer a demonstration project that provides limited funds for fueling infrastructure. Expenditures from the fund for this demonstration program shall not exceed two million five hundred thousand dollars ($2,500,000). In addition to providing necessary financial assistance to a limited number of infrastructure projects, the purpose of the infrastructure demonstration program is to assess whether funding for infrastructure is an appropriate and cost-effective use of public funds. (b) The commission shall solicit applications for a balanced mix of demonstration projects involving fueling and electrification infrastructure that is linked to covered vehicle projects and that is consistent with program goals. The commission, in consultation with participating districts, shall make every effort to coordinate infrastructure projects with covered vehicle projects representing a broad variety of fuels, technologies, and applications as appropriate and consistent with this chapter. Infrastructure projects that begin to dispense qualifying fuel on or after the date the program is implemented are eligible for funding under the program. The commission may also subvene infrastructure funds to districts to solicit applications and to expend the funds in accordance with this section. The commission shall have oversight and reporting responsibility for any funds that are subvened pursuant to this subdivision. (c) Any fueling infrastructure funded under the program shall be approved for funding by both the commission and the applicable district. The commission, in consultation with the districts, shall develop guidelines and criteria for infrastructure projects to be funded under the program. (d) The purchase and installation of equipment at a site that is designed primarily to dispense qualifying fuel is eligible for funding under the program. “Qualifying fuel” includes any liquid or gaseous fuel, other than standard gasoline or diesel, which is ultimately dispensed into covered vehicles that provide NO x reductions in California, and which were introduced into operation in California on or after the date the program is implemented. (e) Infrastructure projects to dispense qualifying fuel are eligible for funding from the Infrastructure Demonstration Program at a rate of seven dollars ($7) in one-time funding per million Btus of qualifying fuel to be dispensed annually. Projects that cannot demonstrate sufficient annual fuel throughput to qualify for a one hundred thousand dollar ($100,000) award, that is, over 14,280 million Btus per year, are not eligible for funding. Projects that can demonstrate an annual throughput of more than 14,280 million Btus per year, however, may request funding in amounts less than one hundred thousand dollars ($100,000). Private access facilities are eligible for a maximum award of up to four hundred thousand dollars ($400,000). Public access or limited public access facilities are eligible for a maximum award of up to six hundred thousand dollars ($600,000). Cofunding may be required to receive the applicable award amount. Infrastructure project awards from the fund, net of taxes, shall not exceed the total cost of the infrastructure project less any other applicable grants or tax credits. (f) Infrastructure projects to dispense qualifying fuel shall meet all of the following criteria: (1) Provide documentation, signed by owners of vehicles that will use the fuel, to demonstrate that an approvable amount of qualifying fuel is expected to be dispensed over a period of at least five years. (2) Be designed to meet current industry standards and codes and any applicable regulations. (3) If the owner of the fuel storage and dispensing equipment will be fueling vehicles the owner does not own, the owner shall provide one or more statements, signed by the proposed fueling equipment owner and by the owners of those vehicles that are referenced in the demonstration of adequate fuel throughput pursuant to subdivision (e), that mutually satisfactory arrangements regarding fuel price have been made. If the owner and operator of the fueling equipment will use the equipment exclusively to fuel his or her own vehicles, no documentation regarding fuel pricing arrangements is required. (g) Infrastructure projects to dispense electricity to covered vehicles shall be eligible for funding from the Infrastructure Demonstration Program at the rate of a minimum of four thousand dollars ($4,000), up to a maximum of ten thousand dollars ($10,000) per charger infrastructure charge port including installation for each qualifying charger. A “qualifying charger” is any charger that dispenses 4,000 kWh or more of energy per year, through each of one or more charging ports, into one or more covered vehicles that provide NO x reductions in California. Awards shall be based on a sliding scale of four thousand dollars ($4,000) to fourteen thousand dollars ($14,000) per charger port for qualifying chargers that dispense between 4,000 kWh and 15,000 kWh of electricity per port. In order for the project to be eligible for funding, documentation shall be provided, signed by owners of the vehicles that will use the charger, to demonstrate that the claimed kilowatt hours of electricity are expected to be dispensed per year for a period of at least five years. Funding shall be limited to a maximum award of two hundred thousand dollars ($200,000) per business per location. Infrastructure project awards from the fund, net of taxes, shall not exceed the total cost of the infrastructure project less any other applicable grants or tax credits. (h) The commission, in consultation with the state board and the districts, shall develop a simple, standardized application package for a project to be funded from the Infrastructure Demonstration Program. In addition to the application form, an application package shall include a brief description of the program, the projects that are eligible for the funding that is available, the selection criteria and evaluation process, the documentation that is required, and who to contact for more information, as well as an example of the contract that an applicant will be required to execute before receiving a grant award. The application form shall require as much information as the commission determines is necessary to properly evaluate each project, but shall otherwise minimize the information required. An applicant shall not be required to calculate tons of emissions reduced or cost-effectiveness as part of the application. Application packages shall be finalized and published as soon as practicable. (i) The commission shall make staff or technical support contractors available on an as-needed basis within available budgetary resources to assist project proponents to address issues common to infrastructure projects eligible for funding. Those issues may involve permitting and safety requirements. (j) As part of the annual program reports required pursuant to Section 44295, the commission shall report on the use of Infrastructure Demonstration Program funds. The commission shall report on facilities funded, how those facilities are supporting covered vehicle projects, fuel or electricity dispensed from each facility, and associated emissions reductions and cost-effectiveness. The commission shall calculate a total cost-effectiveness of NO x reductions from the vehicles that fuel at facilities funded from the Infrastructure Demonstration Program. This total cost-effectiveness shall include program funding provided to vehicles as well as funding provided from the Infrastructure Demonstration Program. (Added by Stats. 1999, Ch. 923, Sec. 2. Effective October 10, 1999.)
  115. 44285.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 7. Advanced Technology Development [44285- 44285.] ( Article 7 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    The commission must issue RFPs or PONs for technology proposals and allocate the Advanced Technology Account with stated funding limits and priorities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 7. Advanced Technology Development [44285- 44285.] ( Article 7 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44285. (a) From time to time, the commission shall issue specific requests for proposals (RFPs) or program opportunity notices (PONs) for technology proposals to be funded from the Advanced Technology Account. The first issuance of RFPs or PONs shall be no later than January 31, 2000. It is the intent of the Legislature that the technology grants be used to support development of emission-reducing technologies that could be used for projects eligible for funding pursuant to this chapter. It is also the intent of the Legislature that the technology grants be directed to a balanced mix of retrofit and add-on technologies to reduce emissions from the existing stock of targeted vehicles, as well as to advanced technologies for new engines and vehicles that produce very low or zero-NO x emissions. The commission, in consultation with the state board, may also consider funding technology projects that would allow qualifying fuels, as defined in subdivision (d) of Section 44284, to be produced from California energy resources, with preference given to projects involving otherwise unusable California energy resources, at prices lower than prices otherwise available and low enough to make projects that would qualify for funding under the program economically attractive to local businesses. Not more than 20 percent of Advanced Technology Account funds may be directed to those qualifying fuel projects. Advanced technologies and any retrofit or add-on projects that provide multiple benefits by reducing emissions of particulates and other air pollutants should be given special consideration by the commission in soliciting proposals and determining how to allocate funds. At least 50 percent of the funds available in the Advanced Technology Account shall be directed toward technologies that provide multiple benefits. (b) Proposals involving technologies that allow onroad covered vehicles to replace with electric power the power normally supplied by the vehicles’ internal combustion engine while the vehicle is parked shall be eligible for funding from the Advanced Technology Account if they meet all applicable criteria under this section. (c) Technologies proposed for technology grants shall show clear and compelling evidence that the technology being funded has a strong commercialization plan and organization, is likely to be offered for commercial sale in California within five years of the application for funding, and that, once commercial, the technology will present opportunities for projects otherwise eligible for funding pursuant to this chapter. The commission shall specifically consider the projected NO x reducing potential and cost-effectiveness of the commercialized technology, the potential for the technology to contribute in a significant way to air quality goals, and the strength of the commercialization plan. (d) The commission may require cost sharing for technology projects, but shall not require repayment of funds granted. (e) Proposals for projects involving either publicly owned or privately owned vehicles or vessels shall be eligible for technology awards. (f) In developing RFPs and PONs and in evaluating proposals for funding, the commission shall consider that the primary objective of technology grants is to advance toward commercialization technologies that would support projects to be funded under the program. (Added by Stats. 1999, Ch. 923, Sec. 2. Effective October 10, 1999.)
  116. 44286.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 8. Program Administration: General [44286 - 44287.2] ( Article 8 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    This section assigns program administration responsibilities to the state board, districts, and commission, including funding oversight, reporting, project monitoring, and fund disbursement.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 8. Program Administration: General [44286 - 44287.2] ( Article 8 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44286. (a) The responsibilities of the state board include management of program funds and program oversight. The state board is responsible for producing guidelines, protocols, and criteria for covered vehicle projects and developing methodologies for evaluating project cost-effectiveness in accordance with this chapter. The state board shall have primary responsibility for the reporting aspects of the program. (b) The responsibilities of a district include local administration of project funds, monitoring funded projects, and reporting results to the state board, in accordance with this chapter. Any project funds awarded to a successful applicant shall be disbursed by the district. (c) Relative to the allocation of funds in the south coast district, for purposes of this program, Mobile Source Air Pollution Reduction Review Committee funds shall only be used as matching funds upon approval, by minute action, of the Mobile Source Air Pollution Reduction Review Committee. (d) The state board may reserve up to 10 percent of the program funds available each year to directly fund any project that is a covered source and is described in Section 44281. A project that is multidistrict in nature shall be funded by the state board in coordination with the appropriate districts. The state board shall coordinate outreach efforts with a participating district to ensure that any parallel availability of a district grant and a grant from the state board is clear to an eligible applicant. Reserved funds not committed to a project funded directly by the state board by the end of the fiscal year shall be made available to the districts in the following year. (e) The commission, in consultation with the state board, shall manage the Advanced Technology Account and the Infrastructure Demonstration Program in accordance with this chapter. (f) The state board shall work closely with the commission and the districts for the duration of this program to maximize the ability of the program to achieve its goals. (g) The state board and the districts shall take all appropriate and necessary actions to ensure that emissions reductions achieved through the program are credited by the United States Environmental Protection Agency to the appropriate emission reduction objectives in the state implementation plan. (Amended by Stats. 2015, Ch. 610, Sec. 11. (SB 513) Effective January 1, 2016.)
  117. 44287.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 8. Program Administration: General [44286 - 44287.2] ( Article 8 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    The state board must revise grant criteria to include certain nonroad replacement projects, must count specified emission-reduction streams, and projects must meet program cost-effectiveness and emissions criteria.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 8. Program Administration: General [44286 - 44287.2] ( Article 8 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44287.1. (a) The state board shall, at its first opportunity, revise the grant criteria and guidelines adopted pursuant to Section 44287 to incorporate projects in which an applicant turns in nonroad internal combustion technology and equipment that the applicant owns and that still has some useful life, coupled with the purchase of new nonroad zero-emission technology and equipment that is in a similar category or that can perform the same work. (b) When it evaluates the benefits of a project described in subdivision (a), the state board shall count both of the following emission reduction streams, provided that they are real, enforceable, quantifiable, and surplus emission reductions: (1) The displacement of the emissions from the older nonroad internal combustion technology and equipment for its remaining life with the new nonroad zero-emission technology and equipment. (2) After the time period specified in paragraph (1), the displacement of emissions from new nonroad internal combustion technology and equipment meeting the emission standards in place at time of purchase, with the new nonroad zero-emission technology and equipment over its remaining life. (c) A project described in subdivision (a) shall meet the cost-effectiveness criteria in Section 44283 and all other criteria of the program, including the requirement that the emission reductions be real, enforceable, quantifiable, and surplus. (d) The incremental cost of a project described in subdivision (a) may include, at the discretion of the applicant, some or all of the reasonable salvage value of the nonroad internal combustion technology and equipment turned in, as determined by the state board. However, an applicant that elects to include these costs shall be required to meet the cost-effectiveness criteria in Section 44283. (Amended by Stats. 2015, Ch. 610, Sec. 13. (SB 513) Effective January 1, 2016.)
  118. 44287.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 8. Program Administration: General [44286 - 44287.2] ( Article 8 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    The state board must revise grant criteria by July 1, 2017, and certain public funds may be used on the same project without counting against cost-effectiveness calculations if program requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 8. Program Administration: General [44286 - 44287.2] ( Article 8 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44287.2. (a) By July 1, 2017, the state board shall revise project grant criteria and guidelines pursuant to Section 44287 to allow funds from federal, state, and local programs or other public funding sources to be used for a project also funded under this chapter without those additional public funds being factored into the criteria emission reduction cost-effectiveness calculations, if the projects are eligible under those programs and meet all criteria associated with those funding sources. Those other projects include, but are not limited to, any of the following: (1) Federal funding from programs designed to reduce greenhouse gas emissions. (2) State and local funding from programs designed to reduce greenhouse gas emissions, including the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, and the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9). (3) Funding from programs designed to support energy diversity. (4) Funding from programs that are intended to provide covered emissions reductions but do not require those reductions to be able to be credited to the state implementation plan. (b) Nothing in this section authorizes the expenditure of funds for a project that does not meet all of the requirements of this chapter, including requirements that require cost sharing or the matching of funds. The sum of the total grants shall not exceed the project cost. The covered emissions reductions paid for pursuant to this chapter shall not be claimed by the other funding sources. (c) Subdivision (a) shall not apply to funds used pursuant to paragraph (2) of subdivision (d) of Section 41081 or subdivision (b) of Section 44229. (Amended by Stats. 2015, Ch. 610, Sec. 14. (SB 513) Effective January 1, 2016.)
  119. 44288.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 9. Program Administration: Application Evaluation and Program Outreach [44288 - 44290] ( Article 9 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    Grant applications must be reviewed quickly, and incomplete applications must be returned with missing-item explanations within set working-day deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 9. Program Administration: Application Evaluation and Program Outreach [44288 - 44290] ( Article 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44288. (a) An application for a project grant shall be reviewed by the administering district immediately upon receipt. If the administering district determines that an application is incomplete, the applicant shall be notified within 30 working days with an explanation of what is missing from the application. The date and time of receipt of each application determined to be complete shall be recorded and the completed application shall be evaluated with respect to the appropriate project selection criteria. A district shall make every effort to process an application and grant an award rapidly and to coordinate project approval with any purchase or installation timing constraint on an applicant. Notwithstanding any other provision of this chapter, the administering district may determine that an application is not in good faith, not credible, or not in compliance with this chapter and its objectives. (b) A participating district may request assistance from the state board on an as-needed basis to clarify project evaluation protocols or to obtain information necessary to properly evaluate an application. (c) An application for a grant for an infrastructure project shall be reviewed by the commission immediately upon receipt. If the commission determines that an application is incomplete, the applicant shall be notified within five working days with an explanation of what is missing from the application. The date and time of receipt of each application determined to be complete shall be recorded and the completed application shall be evaluated with respect to the appropriate project selection criteria. A complete grant application fulfilling the project selection criteria shall be approved as soon as practicable, but not later than 60 working days after receipt. Notwithstanding any other provision of this chapter, the commission may determine that an application is not in good faith, not credible, or not in compliance with this chapter and its objectives. The commission shall expedite the processing of an application and shall grant an award as rapidly as possible. (d) Funds shall be awarded in conjunction with the execution of a contract that obligates the state board or a participating district to make the grant and obligates the grantee to take the actions described in the grant application. A contract shall incorporate the recapturing provisions contained in subdivision (c) of Section 44291. (Amended by Stats. 2015, Ch. 610, Sec. 15. (SB 513) Effective January 1, 2016.)
  120. 44290.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 9. Program Administration: Application Evaluation and Program Outreach [44288 - 44290] ( Article 9 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    The state board, participating districts, and commission must run and coordinate outreach for the grant program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 9. Program Administration: Application Evaluation and Program Outreach [44288 - 44290] ( Article 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44290. The state board and participating districts shall institute an outreach program to inform potential participants, technology suppliers, vendors, engine and equipment dealers and distributors, fleet owners, industry organizations and publications, districts, and rail and port organizations of the availability of grants, and of the requirements and objectives of the grant program. The state board and district shall vigorously recruit grant applications and publish examples of successful projects. The commission shall work closely with the state board and districts so that infrastructure and technology development projects are closely coordinated with overall program implementation. Outreach efforts on the part of the state board shall be coordinated with district outreach efforts. (Added by Stats. 1999, Ch. 923, Sec. 2. Effective October 10, 1999.)
  121. 44291.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 10. Monitoring [44291- 44291.] ( Article 10 added by Stats. 1999, Ch. 923, Sec. 2. )

    Verify source ↗

    The state board must help districts create monitoring procedures, publish monitoring and audit procedures, check that grant-funded fuel and accessibility requirements are met, monitor district programs, and may not require return of funds already awarded to approved projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 10. Monitoring [44291- 44291.] ( Article 10 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44291. (a) The state board shall assist districts with developing procedures to monitor whether the emission reductions projected in successful grant applications are actually achieved. Monitoring procedures may include project audits, and may also include requirements, as part of the contract between the state board or districts and the grant recipients, that each grant recipient provide information about the project on an annual basis. Information required from grant recipients should be minimized and the format for reporting the information should be made simple and convenient. (b) As soon as practicable, the state board, in consultation with the districts, shall publish procedures to monitor and audit infrastructure projects. These procedures shall ensure that the amount of qualifying fuel dispensed annually is greater than or equal to the amount upon which the grant award is based and that any project qualifying for funding on the basis of public accessibility or limited public accessibility is, in fact, providing that accessibility. (c) The monitoring and auditing procedures shall be sufficient to allow emission reductions generated to be fully credited to air quality plans. The monitoring procedures shall contain provisions for recapturing grant awards in proportion to any loss of emission reductions or underachievement in dispensing qualifying fuel compared with the reductions and fuel dispensing projected in the grant application. Monitoring and auditing procedures shall be revised as appropriate to enhance program effectiveness. (d) The state board shall monitor district programs to ensure that participating districts conduct their programs consistent with the criteria and guidelines established by the state board and the commission pursuant to this chapter. The monitoring procedures shall contain provisions for return of funds not yet awarded to approved projects if a district fails to show that they are implementing a program consistent with the approved program. If the state board determines, pursuant to this subdivision, that moneys from the fund allocated to a district should be returned, the state board shall hold at least one public meeting to consider public comments prior to requiring the return of the allocated funds. The state board shall make every effort to assist districts to implement programs in an approved manner and shall only require the return of allocated funds if these efforts fail to address problems adequately. Returned funds shall be deposited in the fund. The state board shall not require the return of funds already awarded to approved projects. (e) Program funds recaptured as a result of a settlement agreement executed by the state board shall be returned to the district that provided the funds to the grant recipient. A penalty resulting from a settlement agreement executed by the state board with a grant recipient or from a civil action brought by the Attorney General shall be deposited in the fund. (Amended by Stats. 2015, Ch. 610, Sec. 16. (SB 513) Effective January 1, 2016.)
  122. 44295.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 11. Reporting [44295 - 44295.5] ( Article 11 added by Stats. 1999, Ch. 923, Sec. 2. )

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    The state board must publish and give the Legislature a program report each year for the stated period, and the report must cover project funding, emission reductions, program effectiveness, public comments, and timing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 11. Reporting [44295 - 44295.5] ( Article 11 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44295. (a) Not later than March 1, 2001, and each March 1 thereafter, through March 1, 2003, the state board in cooperation with participating districts, and assisted by the commission with regard to projects funded from the Infrastructure Demonstration Program and the Advanced Technology Account, shall publish, and notwithstanding Section 7550.5 of the Government Code, provide the Legislature with, a program report. The report shall describe each covered vehicle project funded by the state board and by districts that have received funds pursuant to this chapter, the amount granted for the project, and the emission reductions obtained and the cost-effectiveness of the project. For projects funded from the Advanced Technology Account, the report shall describe the technical objectives and accomplishments of the project, and the progress of the technology toward commercialization. For projects funded from the Infrastructure Demonstration Program, the report shall describe whether the funding has been critical to supplying qualifying fuel and supporting vehicles that reduce NO x emissions in California, shall include a discussion of demonstration program cost-effectiveness pursuant to subdivision (j) of Section 44284, and shall make a finding as to the need for additional moneys to be appropriated from the fund to the Infrastructure Demonstration Program in order to improve the ability of the program to achieve its goals. (b) The report shall detail funds received, funds granted, funds reserved for grants based on project approvals, district matching funds and the sources of those funds, and any recommended transfer of funds between accounts, and shall estimate future demand for grant funds. (c) The report shall describe the overall effectiveness of the program in delivering the emission reductions required by air quality plans, including rate of progress plans and milestone and conformity tests, as well as attainment and maintenance plans. The report shall evaluate the effectiveness of the program in soliciting and evaluating project applications, providing awards in a timely manner, and monitoring project implementation. The report shall describe any adjustments made to the project selection criteria and recommend any further needed changes or adjustments to the grant program, including changes in grant award criteria, administrative procedures, or statutory provisions that would enhance the effectiveness and efficiency of the grant program. (d) The state board shall request comments and hold public meetings on each draft annual report to obtain public comments. The state board shall consider and respond to all significant comments received in producing a final annual report. (e) A final annual report shall be published within 90 days from the date of publication of each draft annual report. (Added by Stats. 1999, Ch. 923, Sec. 2. Effective October 10, 1999.)
  123. 44295.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 11. Reporting [44295 - 44295.5] ( Article 11 added by Stats. 1999, Ch. 923, Sec. 2. )

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    Certain Carl Moyer Program-funded programs must follow specified reporting requirements starting January 1, 2023, and the state board may add a labor-standards description to an existing report.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 11. Reporting [44295 - 44295.5] ( Article 11 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44295.5. Beginning January 1, 2023, any program funded by the Carl Moyer Memorial Air Quality Standards Attainment Program that provides grants, loans, vouchers, or other incentives shall comply with the reporting requirements in Chapter 3.6 (commencing with Section 39680) of Part 2. The state board may include in an existing report its description of how Carl Moyer programs are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2, as applicable. (Added by Stats. 2021, Ch. 748, Sec. 10. (AB 794) Effective January 1, 2022.)
  124. 44296.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 12. Disposition of Funds [44296- 44296.] ( Article 12 added by Stats. 1999, Ch. 923, Sec. 2. )

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    Program funds must be encumbered by January 1, 2002, and after that date districts and the commission may not use the reserved money for grants or projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 12. Disposition of Funds [44296- 44296.] ( Article 12 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44296. (a) All program funds shall be encumbered prior to January 1, 2002. No grants shall be made by districts using money reserved within the fund after that date, and no technology or infrastructure project may be funded by the commission after that date. (b) On January 1, 2002, all unencumbered funds reserved for districts shall revert back to the state board, and thereafter shall be permanently allocated by the state board to districts in proportion to the aggregate net disbursements that the participating districts received during the life of the grant program, to be used in accordance with the goals and objectives of the grant program and to be granted by the districts in accordance with the procedures and criteria in place at the termination of the grant program or as subsequently modified by the districts as needed to better meet the grant program objectives and protect human health and welfare. (c) Notwithstanding subdivision (b), the advisory board may recommend that unused funds be allocated to fund a continuing statewide program similar to the program established as part of the advisory board recommendations for a continuing program pursuant to Section 44297. (d) Notwithstanding any provision in the Budget Act of 1999, funds appropriated in that act to carry out the provisions of this act shall only be available for encumbrance during the 1999–2000 fiscal year. (Added by Stats. 1999, Ch. 923, Sec. 2. Effective October 10, 1999.)
  125. 44297.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 13. Heavy-Duty Fleet Modernization Projects [44297- 44297.] ( Article 13 added by Stats. 2004, Ch. 627, Sec. 2. )

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    The state board must revise grant criteria and guidelines to include certain heavy-duty fleet modernization projects, may define eligible costs to include compliance monitoring, and must set related program standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 13. Heavy-Duty Fleet Modernization Projects [44297- 44297.] ( Article 13 added by Stats. 2004, Ch. 627, Sec. 2. ) ## 44297. (a) The state board, acting within its existing authority, shall, at its first opportunity following January 1, 2005, revise the grant criteria and guidelines adopted pursuant to Section 44287 to incorporate projects described in subdivision (c). (b) The guidelines may define eligible costs to include monitoring and verifying compliance with this article. (c) Notwithstanding any other provision of this chapter, a project that meets either of the following criteria constitutes a heavy-duty fleet modernization project and thus is eligible for funding under the program, if it complies with the guidelines established by the state board pursuant to subdivision (a): (1) Replaces an old engine or vehicle with a newer engine or vehicle certified to more stringent emissions standards than the engine or vehicle being replaced, pursuant to paragraph (2) of subdivision (a) of Section 44281. (2) Provides the equivalent emission reductions as would be gained by a project that combines both of the following: (A) The purchase of a new very low or zero-emission covered vehicle pursuant to paragraph (1) of subdivision (a) of Section 44281. (B) The replacement of an old engine or vehicle with a newer engine or vehicle certified to more stringent standards than the engine or vehicle being replaced, pursuant to paragraph (2) of subdivision (a) of Section 44281. (d) In establishing guidelines pursuant to subdivision (a), the state board shall consider any existing heavy-duty fleet modernization program carried out by a district. The state board shall design a program that, to the extent feasible, includes fleet owners, independent truck owners, heavy-duty vehicle dealers, districts, and other participants it determines appropriate from existing local programs. (e) The grants provided pursuant to this article shall provide moneys to offset the incremental cost of projects that reduce emissions of oxides of nitrogen (NOx) and particulate matter (PM). (f) The state board shall determine an appropriate weighted cost-effectiveness standard for projects intended to reduce particulate matter. (Amended by Stats. 2005, Ch. 22, Sec. 129. Effective January 1, 2006.)
  126. 44299.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 14. Funds [44299.1 - 44299.2] ( Article 14 added by Stats. 1999, Ch. 923, Sec. 2. )

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    This section limits how program money may be used and requires the state board to allocate, determine, and report on funds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 14. Funds [44299.1 - 44299.2] ( Article 14 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44299.1. (a) To ensure that emission reductions are obtained as needed from pollution sources, any moneys deposited in the fund for use by the program or appropriated to the program shall be segregated and administered as follows: (1) Not more than 2.5 percent of the moneys in the fund for use by the program shall be allocated to program support and outreach costs incurred by the state board and the commission directly associated with implementing the program pursuant to this chapter. These funds shall be allocated to the state board and the commission in proportion to total program funds administered by the state board and the commission. (2) Not more than 2.5 percent of the moneys in the fund for use by the program shall be allocated to direct program outreach activities. The state board may use these funds for program outreach contracts or may allocate outreach funds to participating districts in proportion to each district’s allocation from the program moneys in the fund. The state board shall report on the use of outreach funds in their reports to the Legislature pursuant to Section 44295. (3) The balance shall be deposited in the fund to be expended to offset added costs of new very low or zero-emission vehicle technologies, and emission reducing repowers, retrofits, and add-on equipment for covered vehicles and engines, and other projects specified in Section 44281. (b) Moneys in the fund shall be allocated to a district that submits an eligible application to the state board pursuant to Section 44287. The state board shall determine the maximum amount of annual funding from the fund for use by the program that each district may receive. This determination shall be based on the population in each district as well as the relative importance of obtaining covered emission reductions in each district, specifically through the program. (c) Not more than 6.25 percent of the moneys allocated pursuant to this chapter to a district with a population of one million or more may be used by the district for indirect costs of implementation of the program, including outreach costs that are subject to the limitation in paragraph (2) of subdivision (a). (d) Not more than 12.5 percent of the moneys allocated pursuant to this chapter to a district with a population of less than one million may be used by the district for indirect costs of implementation of the program, including outreach costs that are subject to the limitation in paragraph (2) of subdivision (a). (Amended (as amended by Stats. 2013, Ch. 401, Sec. 28) by Stats. 2015, Ch. 610, Sec. 17. (SB 513) Effective January 1, 2016.)
  127. 44299.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 14. Funds [44299.1 - 44299.2] ( Article 14 added by Stats. 1999, Ch. 923, Sec. 2. )

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    This section requires program funds to be allocated to districts under specified formulas and conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program [44275 - 44299.2] ( Chapter 9 added by Stats. 1999, Ch. 923, Sec. 2. ) ## ARTICLE 14. Funds [44299.1 - 44299.2] ( Article 14 added by Stats. 1999, Ch. 923, Sec. 2. ) ## 44299.2. Funds shall be allocated to districts, and shall be subject to administrative terms and conditions as follows: (a) Available funds shall be distributed to districts taking into consideration the population of the area, the severity of the air quality problems experienced by the population, and the historical allocation of the program funds, except that the south coast district shall be allocated a percentage of the total funds available to districts that is proportional to the percentage of the total state population residing within the jurisdictional boundaries of that district. For the purposes of this subdivision, population shall be determined by the state board based on the most recent data provided by the Department of Finance. The allocation to the south coast district shall be subtracted from the total funds available to districts. Each district, except the south coast district, shall be awarded a minimum allocation of two hundred thousand dollars ($200,000), and the remainder, which shall be known as the “allocation amount,” shall be allocated to all districts as follows: (1) The state board shall distribute 35 percent of the allocation amount to the districts in proportion to the percentage of the total residual state population that resides within each district’s boundaries. For purposes of this paragraph, “total residual state population” means the total state population, less the total population that resides within the south coast district. (2) The state board shall distribute 35 percent of the allocation amount to the districts in proportion to the severity of the air quality problems to which each district’s population is exposed. The severity of the exposure shall be calculated as follows: (A) Each district shall be awarded severity points based on the district’s attainment designation and classification, as most recently promulgated by the federal Environmental Protection Agency for the National Ambient Air Quality Standard for ozone averaged over eight hours, as follows: (i) A district that is designated attainment for the federal eight-hour ozone standard shall be awarded one point. (ii) A district that is designated nonattainment for the federal eight-hour ozone standard shall be awarded severity points based on classification. Two points shall be awarded for transitional, basic, or marginal classifications, three points for moderate classification, four points for serious classification, five points for severe classification, six points for severe-17 classification, and seven points for extreme classification. (B) Each district shall be awarded severity points based on the annual diesel particulate emissions in the air basin, as determined by the state board. One point shall be awarded to the district, in increments, for each 1,000 tons of diesel particulate emissions. In making this determination, 0 to 999 tons shall be awarded no points, 1,000 to 1,999 tons shall be awarded one point, 2,000 to 2,999 tons shall be awarded two points, and so forth. If a district encompasses more than one air basin, the air basin with the greatest diesel particulate emissions shall be used to determine the points awarded to the district. The San Diego County Air Pollution Control District and the Imperial County Air Pollution Control District shall be awarded one additional point each to account for annual diesel particulate emissions transported from Mexico. (C) The points awarded under subparagraphs (A) and (B), shall be added together for each district, and the total shall be multiplied by the population residing within the district boundaries, to yield the local air quality exposure index. (D) The local air quality exposure index for each district shall be summed together to yield a total state exposure index. Funds shall be allocated under this paragraph to each district in proportion to its local air quality exposure index divided by the total state exposure index. (3) The state board shall distribute 30 percent of the allocation amount to the districts in proportion to the allocation of funds from the program moneys in the fund, as follows: (A) Because each district is awarded a minimum allocation pursuant to subdivision (a), there shall be no additional minimum allocation from the program historical allocation funds. The total amount allocated in this way shall be subtracted from total funding previously awarded to the district under the program, and the remainder, which shall be known as directed funds, shall be allocated pursuant to subparagraph (B). (B) Each district with a population that is greater than or equal to 1 percent of the state’s population shall receive an additional allocation based on the population of the district and the district’s relative share of emission reduction commitments in the state implementation plan to attain the National Ambient Air Quality Standard for ozone averaged over one hour. This additional allocation shall be calculated as a percentage share of the directed funds for each district, derived using a ratio of each district’s share amount to the base amount, which shall be calculated as follows: (i) The base amount shall be the total program funds allocated by the state board to the districts in the 2002–03 fiscal year, less the total of the funds allocated through the minimum allocation to each district in the 2002–03 fiscal year. (ii) The share amount shall be the allocation that each district received in the 2002–03 fiscal year, not including the minimum allocation. There shall be one share amount for each district. (iii) The percentage share shall be calculated for each district by dividing the district’s share amount by the base amount, and multiplying the result by the total directed funds available under this subparagraph. (b) Funds shall be distributed as expeditiously as reasonably practicable, and a report of the distribution shall be made available to the public. (c) All funds allocated pursuant to this section shall be liquidated as provided for in the guidelines adopted pursuant to Section 44287. (Amended by Stats. 2024, Ch. 459, Sec. 3. (SB 1158) Effective January 1, 2025.)
  128. 44299.50.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. )

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    This section defines terms used in the Sacramento Emergency Clean Air and Transportation Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. ) ## 44299.50. As used in this chapter, the following terms have the following meanings: (a) “Advanced introduction costs” means the costs of the project less a baseline cost that would otherwise be incurred by the applicant in the normal course of business. “Advanced introduction costs” may include, but are not limited to, incremental costs, additional operational costs, facility modifications, additional staff training, fueling infrastructure, and costs associated with off-cycle vehicle replacement, as determined by the Sacramento Region Districts. (b) “Attainment” means meeting the National Ambient Air Quality Standards for ozone. (c) “Conformity” means that a transportation program, project, and plan promulgated by the Sacramento Area Council of Governments is able to successfully comply with Sections 7410 and 7506 of Title 42 of the United States Code, so as to qualify for an approval, license, or permit, or to obtain financial assistance, from the federal agencies specified in those sections. (d) “Covered engine” includes any internal combustion engine or electric motor and drive powering a covered source. (e) “Covered source” includes onroad heavy-duty diesel vehicles and other onroad high-emitting diesel engine categories, as determined by SACOG. (f) “Covered vehicle” includes any vehicle or piece of equipment powered by a covered engine. (g) “New very low-emission vehicle” means a vehicle that qualifies as a very low emission vehicle when it is a new vehicle, as defined in Section 430 of the Vehicle Code, or that is modified with the approval and warranty of the original equipment manufacturer to qualify as a very low-emission vehicle within 12 months of delivery to an owner for private or commercial use. (h) “NO x” means oxides of nitrogen. (i) “Program” means the Sacramento Emergency Clean Air and Transportation Program created by this chapter. (j) “Repower” means replacing an engine with a different engine. The term “repower,” as used in this chapter, generally refers to replacing an older, uncontrolled engine with a new, emissions-certified engine, although replacing an older emissions-certified engine with a newer engine certified to lower emissions standards may be eligible for funding under this program. (k) “Retrofit” means making modifications to the engine and fuel system such that the retrofitted engine does not have the same specifications as the original engine. (l) “SACOG” means the Sacramento Area Council of Governments. (m) “Sacramento federal ozone nonattainment area” means the area defined by the United States Environmental Protection Agency in the Federal Register notice dated November 6, 1991 (56 Fed. Reg. 56694). (n) “Sacramento Region Districts” means the El Dorado Air Pollution Control District, Feather River Air Quality District, Placer County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, and Yolo-Solano Air Quality Management District. (o) “Very low-emission vehicle” means a vehicle with emissions significantly lower than otherwise applicable baseline emission standards or uncontrolled emission levels determined pursuant to the criteria in Section 44282. (Added by Stats. 2000, Ch. 532, Sec. 3. Effective January 1, 2001.)
  129. 44299.51.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. )

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    Creates the Sacramento Emergency Clean Air and Transportation Program and assigns SACOG to administer it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. ) ## 44299.51. There is hereby created the Sacramento Emergency Clean Air and Transportation Program. The program shall be administered by SACOG. The implementation of the program, in whole or in part, may be delegated by SACOG to the Sacramento Region Districts. The program may provide grants to offset the advanced introduction costs of eligible projects that reduce onroad emissions of NO x within the Sacramento federal ozone nonattainment area. Eligibility for grant awards shall be determined by SACOG, or delegated by SACOG to the Sacramento Region Districts, in accordance with this chapter. (Added by Stats. 2000, Ch. 532, Sec. 3. Effective January 1, 2001.)
  130. 44299.52.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. )

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    This section lists examples of eligible clean-air projects, bars SACOG or the Sacramento Region Districts from rejecting technologies just because of fuel type, defines eligible applicants, and says the program shall provide grants to eligible projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. ) ## 44299.52. (a) Eligible projects may include, but shall not be limited to, any of the following: (1) Purchase of new very low- or zero-emission covered vehicles or covered engines to replace older heavy-duty diesel vehicles or engines. (2) NO x emission-reducing retrofit of covered engines, or replacement of old diesel engines and drives powering covered sources with newer diesel engines and drives certified to more stringent NO x emissions standards than the engine being replaced. (3) Purchase and use of NO x emission-reducing add-on equipment for covered vehicles. (4) Implementation of practical, low-emission retrofit technologies, repower options, advanced technologies, or low sulfur diesel or alternative fuel mixtures for covered engines and vehicles. (b) In determining eligible projects, SACOG or the Sacramento Region Districts shall not exclude any technology based on the type of fuel utilized by that technology. (c) Eligible applicants may be any individual, company, or public agency that owns one or more covered vehicles that operate primarily within the Sacramento federal ozone nonattainment area or otherwise contribute substantially to the NO x emissions inventory in the Sacramento federal ozone nonattainment area. (d) The program shall provide grants to eligible projects that help reduce onroad NO x emissions on a timely and cost-effective basis within the Sacramento federal ozone nonattainment area in order to maximize the reduction in NO x emissions from available funds, thereby aiding the area in its efforts to achieve applicable air quality conformity goals in 2002 and 2005. (Added by Stats. 2000, Ch. 532, Sec. 3. Effective January 1, 2001.)
  131. 44299.53.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. )

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    The section directs how program funds must be split and used, sets a small cap for support and outreach costs, requires SACOG to set evaluation procedures, and bars spending on certain NOx retrofit technology unless it is eligible under another section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. ) ## 44299.53. (a) Funds to implement the program shall be provided from the amount allocated from the Traffic Congestion Relief Fund for the purposes of paragraph (118) of subdivision (a) of Section 14556.40 of the Government Code. (b) To ensure that emission reductions are obtained as needed from pollution sources, funds provided as described in subdivision (a) shall be segregated as follows: (1) Not more than 1 percent of the funds provided as described in subdivision (a) shall be allocated to program support and outreach costs incurred by SACOG or the Sacramento Region Districts directly associated with implementing the program pursuant to this chapter. (2) Not more than 2 percent of the funds provided as described in subdivision (a) shall be allocated to direct program outreach activities. (3) The balance shall be used to offset costs of eligible projects. (c) SACOG, in consultation with the Sacramento Region Districts, shall specify procedures by which evaluation and review of eligible projects shall be accomplished. (d) The Sacramento Region Districts shall include an evaluation of the emission benefits provided by those eligible projects that are implemented in the Sacramento federal ozone nonattainment area in the milestone reports submitted in 2002 and 2005 to the United States Environmental Protection Agency pursuant to subsection (g) of Section 7511a of Title 42 of the United States Code. (e) Funds provided to SACOG as described in subdivision (a) shall not be expended on any NO x control retrofit technology unless that technology has been determined to be eligible for use in the program pursuant to Section 44299.54. (Added by Stats. 2000, Ch. 532, Sec. 3. Effective January 1, 2001.)
  132. 44299.54.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. )

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    The state board’s executive officer must decide whether NOx retrofit technologies are eligible for use in the program by January 10, 2001, and may make later eligibility decisions after that date.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. ) ## 44299.54. On or before January 10, 2001, the executive officer of the state board shall make a determination as to the eligibility of NO x retrofit technologies for use in the program, and may make additional determinations of eligibility of NO x technologies after January 10, 2001. In order to be determined eligible by the executive officer of the state board, each NO x retrofit technology shall have, at a minimum, the ability to reduce onroad heavy-duty diesel emissions of NO x by 10 percent or more and shall be durable and effective in reducing emissions, as determined by the executive officer of the state board. (Added by Stats. 2000, Ch. 532, Sec. 3. Effective January 1, 2001.)
  133. 44299.55.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. )

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    Emissions reductions and credits from programs under this chapter must be used to meet local and regional air-quality commitments, and any surplus may be used for the state’s air-quality commitment and attainment.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program [44299.50 - 44299.55] ( Chapter 9.5 added by Stats. 2000, Ch. 532, Sec. 3. ) ## 44299.55. All emissions reductions and credits achieved as a result of programs initiated under this chapter shall be used to fulfill local and regional commitments to air quality standards. Any additional reductions or credits that may exist after the local or regional commitment to air quality is fulfilled may be used to fulfill the state’s commitment to air quality standards and attainment. (Added by Stats. 2000, Ch. 532, Sec. 3. Effective January 1, 2001.)
  134. 44299.75.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. )

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    This section defines terms used in the San Joaquin Valley Emergency Clean Air Attainment Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. ) ## 44299.75. As used in this chapter, the following terms have the following meanings: (a) “Advanced introduction costs” means the costs of the project, less a baseline cost that would otherwise be incurred by the applicant in the normal course of business. “Advanced introduction costs” may include, but shall not be limited to, incremental costs, additional operational costs, facility modifications, additional staff training, fueling infrastructure, and costs associated with off-cycle vehicle replacement, as determined by the district. (b) “Attainment” means meeting the National Ambient Air Quality Standards (NAAQS) for ozone. (c) “Covered engine” includes any internal combustion engine or electric motor and drive powering a covered source. (d) “Covered source” includes onroad and off-road heavy-duty diesel vehicles and other onroad and off-road high-emitting diesel engine categories, as determined by the San Joaquin Valley Air Pollution Control District. (e) “Covered vehicle” includes any vehicle or piece of equipment powered by a covered engine. (f) “District” means the San Joaquin Valley Air Pollution Control District. (g) “New very low-emission vehicle” means a vehicle that qualifies as a very low-emission vehicle when it is a new vehicle, as defined in Section 430 of the Vehicle Code, or that is modified with the approval and warranty of the original equipment manufacturer to qualify as a very low-emission vehicle within 12 months of delivery to an owner for private or commercial use. (h) “NO x” means oxides of nitrogen. (i) “Program” means the San Joaquin Valley Emergency Clean Air Attainment Program created by this chapter. (j) “Repower” means replacing an engine with a different engine. The term “repower,” as used in this chapter, generally refers to replacing an older, uncontrolled engine with a new, emissions-certified engine, although replacing an older emissions-certified engine with a new engine certified to lower emissions standards may be eligible for funding under this program. (k) “Retrofit” means making modifications to the engine and fuel system such that the retrofitted engine does not have the same specifications as the original engine. ( l) “San Joaquin Valley federal ozone nonattainment area” means the area defined by the United States Environmental Protection Agency on page 56699 of Volume 56 of the Federal Register dated November 6, 1991. (m) “Very low-emission vehicle” means a vehicle with emissions significantly lower than otherwise applicable baseline emission standards or uncontrolled emission levels determined pursuant to the criteria in Section 44282. (Added by Stats. 2000, Ch. 532, Sec. 4. Effective January 1, 2001.)
  135. 44299.76.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. )

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    This section creates the San Joaquin Valley Emergency Clean Air Attainment Program and assigns the district responsibility to run it and decide which projects qualify for grants.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. ) ## 44299.76. (a) There is hereby created the San Joaquin Valley Emergency Clean Air Attainment Program. The program shall be administered and implemented by the district. (b) The program may provide grants to offset the advanced introduction costs of eligible projects that the district determines aid in the reduction of onroad and off-road emissions of NO x within the San Joaquin Valley federal ozone nonattainment area. (c) Eligibility of projects for grant awards shall be determined by the district in accordance with this chapter. (Added by Stats. 2000, Ch. 532, Sec. 4. Effective January 1, 2001.)
  136. 44299.77.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. )

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    This section says the district may consider several types of eligible projects for grants, cannot rule out technologies because of the fuel they use, and eligible applicants can include persons or public agencies that own covered vehicles meeting the area-and-emissions conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. ) ## 44299.77. (a) Eligible projects may include, but shall not be limited to, any of the following: (1) Purchase of new very low- or zero-emission covered vehicles or covered engines to replace older heavy-duty diesel vehicles or engines. (2) NOx emission-reducing retrofit of covered engines, or replacement of old diesel engines and drives powering covered sources with newer diesel engines and drives certified to more stringent NOx emissions standards than the engine being replaced. (3) Purchase and use of NOx emission-reducing add-on equipment for covered vehicles. (4) Implementation of practical, low-emission retrofit technologies, repower options, advanced technologies, or low sulfur or alternative fuel mixtures for covered engines and vehicles. (b) In determining eligible projects, the district shall not exclude any technology based on the type of fuel utilized by that technology. (c) Eligible applicants may be any person or public agency that owns one or more covered vehicles that operate primarily within the San Joaquin Valley federal ozone nonattainment area or otherwise contribute substantially to the NOx emissions inventory in the San Joaquin Valley federal ozone nonattainment area, as determined by the district. (d) The program shall provide grants to eligible projects that help reduce onroad and off-road NOx emissions on a timely and cost-effective basis within the San Joaquin Valley federal ozone nonattainment area in order to maximize the reduction in NOx emissions from available funds, thereby aiding the area in its efforts to achieve applicable air quality goals. (Added by Stats. 2000, Ch. 532, Sec. 4. Effective January 1, 2001.)
  137. 44299.78.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. )

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    The district may reserve certain funds for eligible local programs and may set the maximum annual funding each applicant can receive.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. ) ## 44299.78. (a) Funds to implement the program shall be provided from the amount allocated from the Traffic Congestion Relief Fund for the purposes of paragraph (100) of subdivision (a) of Section 14556.40 of the Government Code. (b) Funds from the account may be reserved by the district for local governments within the San Joaquin Valley federal ozone nonattainment areas that adopt an eligible program pursuant to this chapter. (c) To ensure that emission reductions are obtained as needed from pollution sources, any funds provided as described in subdivision (a) shall be segregated as follows: (1) Not more than 1 percent of the funds shall be allocated to program support and outreach costs incurred by the district directly associated with implementing the program pursuant to this chapter. (2) Not more than 2 percent of the funds provided as described in subdivision (a) shall be allocated to direct program outreach activities. (3) The balance shall be used to offset costs of eligible projects. (d) Funds provided as described in subdivision (a) shall be allocated to the district upon the approval by the district of an application from an eligible applicant regarding an eligible project. The district may determine the maximum amount of annual funding each applicant may receive. (e) Funds provided as described in subdivision (a) shall not be expended on any NO x control retrofit technology unless the technology has been determined to be eligible for use in the program pursuant to Section 44299.79. (Added by Stats. 2000, Ch. 532, Sec. 4. Effective January 1, 2001.)
  138. 44299.79.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. )

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    The state board’s executive officer must decide whether NOx retrofit technologies are eligible for the program by January 10, 2001, and may make later eligibility determinations for NOx technologies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program [44299.75 - 44299.79] ( Chapter 9.7 added by Stats. 2000, Ch. 532, Sec. 4. ) ## 44299.79. On or before January 10, 2001, the executive officer of the state board shall make a determination as to the eligibility of NOx retrofit technologies for use in the program, and may make additional determinations of eligibility of NOx technologies after January 10, 2001. In order to be determined eligible by the executive officer of the state board, each NOx retrofit technology shall have, at a minimum, the ability to reduce onroad heavy-duty diesel emissions of NOx by 10 percent or more and shall be durable and effective in reducing emissions, as determined by the executive officer of the state board. (Added by Stats. 2000, Ch. 532, Sec. 4. Effective January 1, 2001.)
  139. 44299.80.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. )

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    This section mainly defines terms used in the California Port Community Air Quality Program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. ) ## 44299.80. As used in this chapter, the following terms have the following meanings: (a) “Advanced introduction cost” means the cost of a project less a baseline cost that would otherwise be incurred by the applicant in the normal course of business based on the actual age and turnover rates of trucks used at ports, and may include, but is not limited to, any of the following: incremental engine costs, re-engine or retrofit costs, additional operational costs, incremental fuel costs, facility modifications, and scrappage costs to eliminate operation on highways in the state. (b) “Cost-effectiveness” means the funds provided to a project for each ton of particulate matter reduction attributed to a project or to the program as a whole. In calculating cost-effectiveness, a one-time grant of funds made at the beginning of a project shall be annualized using a time value of public funds or discount rate determined for each project. Cost-effectiveness shall be calculated by dividing annualized costs by local emissions reductions of PM. (c) “Covered engine” includes an engine from any onroad heavy-duty diesel truck or bus weighing over 33,000 pounds and used in for-hire or proprietary trucking operated by a trucking company that services a port in the state. (d) “Covered source” includes onroad heavy-duty diesel vehicles and other onroad high-emitting diesel engine categories. (e) “Covered vehicle” includes any vehicle or piece of equipment powered by a covered engine. (f) “District” means the Bay Area Air Quality Management District as described in Chapter 4 (commencing with Section 40200) of Part 3 and the South Coast Air Quality Management District as described in Chapter 5.5 (commencing with Section 40400) of Part 3. (g) “Gr-bhph” means grams-per brake horsepower hour. (h) “Marine terminal” has the same meaning as in Section 40720. (i) “New very low-emission vehicle” means a vehicle that qualifies as a very low-emission vehicle when it is a new vehicle, as defined in Section 430 of the Vehicle Code, with regard to particulate matter emissions standards or that is modified with the approval and warranty of the original equipment manufacturer to qualify as a very low-emission vehicle with regard to particulate matter emissions standards within 12 months of delivery to an owner for private or commercial use. (j) “Port” means any sea or river port in the state. (k) “PM” means particulate matter. (l) “Program” means the California Port Community Air Quality Program created by this chapter. (m) “Project” means the replacement, repowering, scrapping, or retrofitting of a covered vehicle or covered engine that receives a grant pursuant to this chapter. (n) “Repower” means replacing an engine with a different engine. The term “repower,” as used in this chapter, refers to replacing an older, uncontrolled engine with a newer model engine that meets the latest emissions standards. (o) “Retrofit” means making modifications to the engine and fuel system so that the retrofitted engine does not have the same emissions of particulate matter as the original engine. (p) “Very low-emission vehicle” means a vehicle with emissions significantly lower than otherwise applicable baseline emission standards or uncontrolled emission levels. (Amended by Stats. 2003, Ch. 62, Sec. 187. Effective January 1, 2004.)
  140. 44299.81.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. )

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    A district in the specified air quality districts must run the program, give grants for eligible emission-reducing projects, and use certain fine money first for administration, enforcement, and monitoring costs, then for the grant program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. ) ## 44299.81. (a) The California Port Community Air Quality Program is hereby established in the Bay Area Air Quality Management District and the South Coast Air Quality Management District. (b) The program shall be implemented and administered by a district within its jurisdiction. The district shall provide grants to offset the advanced introduction costs of eligible projects that reduce onroad emissions of particulate matter within communities adjacent to marine terminals. (c) A district may use moneys derived from fines imposed within its jurisdiction pursuant to paragraphs (1) and (5) of subdivision (a) of Section 40720 to offset costs incurred performing the administration, enforcement, and monitoring activities as required pursuant to that section. (d) A district shall use any moneys derived from fines imposed within its jurisdiction pursuant to paragraphs (1) and (5) of subdivision (a) of Section 40720 that are not expended to offset costs pursuant to paragraph (c) to fund the grant program. (Added by Stats. 2002, Ch. 1129, Sec. 4. Effective January 1, 2003.)
  141. 44299.82.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. )

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    Districts must decide which projects are eligible for grants and prioritize projects and applicants that reduce PM emissions the most.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. ) ## 44299.82. (a) A district shall determine the projects eligible for grants within that district. Those projects may include, but are not limited to, any of the following: (1) Purchase of a new very-low-emission covered vehicle or covered engine to replace an older heavy-duty diesel vehicle or engine. (2) Purchase and use of PM emission-reducing add-on equipment for a covered vehicle. (3) Implementation of a practical, low-emission retrofit technology, repower option, advanced technology, or low sulfur diesel or alternative fuel mixture for a covered engine. (b) In determining eligible projects, the district shall consider whether the project will have the following effects: (1) Reduce onroad PM emissions to the maximum extent feasible on a timely and cost-effective basis at the marine terminal or port and within the surrounding communities. (2) Meet environmental justice goals and objectives set by the state and local air pollution control agencies, including, but not limited to, districts. (3) Benefit small businesses, giving particular emphasis to independent minority owners and operators. (4) Assist in meeting the 0.01 gr-bhph emission standards adopted by the federal Environmental Protection Agency for 2007 and later model year diesel heavy-duty engines and vehicles (40 C.F.R. Sec. 86.007-11). (c) A person that owns a covered vehicle that operates near or in a marine terminal or port is eligible to apply for a project grant if the district with jurisdiction over that marine terminal or port determines that the covered vehicle contributes significantly to the PM emissions inventory in the communities adjacent to that marine terminal or port. (d) Each district shall allocate grant funds in the following manner: (1) Covered engines and covered vehicles that are manufactured prior to 1994 shall receive 50 percent of the funds to purchase pre-existing engines or vehicles that are certified by the state board to have been manufactured after 1993. If the replacement engine or vehicle is not equipped with a PM retrofit device verified by the state board, those funds shall be utilized to purchase a PM retrofit device that is verified by the state board and to offset incremental costs incurred during the first year of utilizing low-sulfur diesel fuel with not more than 15 parts per million sulfur. The total cost to offset the incremental costs may not exceed 10 percent of the cost of the retrofit control device. (2) The remaining 50 percent of the funds shall be used to fund the purchase of engines or vehicles, including, but not limited to, engines that are certified to be cleaner than existing exhaust emission standards, and the repower or retrofit of existing engines to meet the 0.01 gr-bhph PM emission standard. A new engine purchased pursuant to this section may operate on any fuel source if that fuel source is certified by the state board. If a new engine does not meet the 0.01 gr-bhph PM emission standards, a portion of these funds shall be utilized to purchase a PM retrofit device that is verified by the state board and to offset the incremental costs incurred during the first year of utilizing low-sulfur diesel fuel with not more than 15 parts per million sulfur to achieve the 0.01 gr-bhph PM emission standard. The total cost to offset the incremental costs shall not exceed 10 percent of the cost of the retrofit control device. (e) A district shall give priority to those grant applicants that provide the greatest reduction in PM emissions. (f) A district may give priority to any grant applicant who provides matching funds for the grant. (g) A district may provide a grant to a project that involves replacing an engine that was manufactured before 1988, only if the applicant delivers that engine to the district or its agent for scrappage. The grant award amount shall include the costs the district will incur in scrapping that engine. (h) A district may provide a grant for a project involving PM control retrofit technology only if that technology has been determined to be eligible for use by the state board. (i) In determining eligible projects, a district may not exclude any technology based on the type of fuel utilized by that technology. (Added by Stats. 2002, Ch. 1129, Sec. 4. Effective January 1, 2003.)
  142. 44299.85.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. )

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    A district may count PM emission reductions from the program in certain state implementation plans, and it may use project-related reductions or credits first for local and regional air-quality commitments.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 9.8. The California Port Community Air Quality Program [44299.80 - 44299.85] ( Chapter 9.8 added by Stats. 2002, Ch. 1129, Sec. 4. ) ## 44299.85. (a) A district may include any reduction in PM emissions that result from the implementation of the program in any state implementation plan, or revision of that plan, that is submitted to the state board pursuant to Chapter 10 (commencing with Section 40910) of Part 3 for a particulate matter nonattainment area. (b) All emission reductions or reduction credits resulting from a project funded by a district pursuant to this chapter are the property of the district that approved the grant. The district may utilize those emission reductions or reduction credits first to fulfill local and regional commitments to air quality standards. Any additional reductions or credits that exist after the local or regional commitment to air quality is fulfilled may be used by the state board to fulfill the state’s commitment to air quality standards and attainment. (Added by Stats. 2002, Ch. 1129, Sec. 4. Effective January 1, 2003.)
  143. 44299.90.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. California Clean Schoolbus Program [44299.90 - 44299.91] ( Chapter 10 added by Stats. 2007, Ch. 181, Sec. 3. )

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    The Legislature states that diesel emissions from schoolbuses create health, safety, air pollution, and greenhouse gas concerns, and that the chapter is intended to distribute funds to retrofit and replace older, higher-polluting schoolbuses.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. California Clean Schoolbus Program [44299.90 - 44299.91] ( Chapter 10 added by Stats. 2007, Ch. 181, Sec. 3. ) ## 44299.90. The Legislature finds and declares as follows: (a) Diesel emissions from schoolbuses contribute to significant health and safety risk to children, cause air pollution, and contribute to greenhouse gas emissions. (b) The intent of this chapter is to ensure funds made available by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 are equitably distributed among geographic regions to retrofit and replace older and higher polluting schoolbuses in furtherance of improving air quality and protecting public health. (Added by Stats. 2007, Ch. 181, Sec. 3. Effective August 24, 2007.)
  144. 44299.901.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. California Clean Schoolbus Program [44299.90 - 44299.91] ( Chapter 10 added by Stats. 2007, Ch. 181, Sec. 3. )

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    This section defines key terms for the California Clean Schoolbus Program and sets limits, reporting duties, and approval conditions for bond-funded projects.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. California Clean Schoolbus Program [44299.90 - 44299.91] ( Chapter 10 added by Stats. 2007, Ch. 181, Sec. 3. ) ## 44299.901. (a) As used in this chapter and in Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code, the following terms have the following meanings: (1) “Administrative agency” means the state agency responsible for programming bond funds made available by Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code, as specified in subdivision (c). (2) Unless otherwise specified in this chapter, “project” includes equipment purchase, right-of-way acquisition, and project delivery costs. (3) “Recipient agency” means the recipient of bond funds made available by Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code that is responsible for implementation of an approved project. (4) “Fund” shall have the meaning as defined in subdivision (c) of Section 8879.20 of the Government Code. (b) Administrative costs, including audit and program oversight costs for the agency administering the program funded pursuant to this chapter, recoverable by bond funds shall not exceed 5 percent of the program’s costs. (c) The State Air Resources Board is the administrative agency for the schoolbus retrofit and replacement allocation pursuant to subdivision (d) of Section 8879.23 of the Government Code. (d) The administrative agency may not approve project fund allocations for any project until the recipient agency provides a project funding plan that demonstrates that the funds are expected to be reasonably available and sufficient to complete the project. The administrative agency may approve funding for useable project segments only if the benefits associated with each individual segment are sufficient to meet the objectives of the program from which the individual segment is funded. (e) Guidelines adopted by the administrative agency pursuant to this chapter and Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code are intended to provide internal guidance for the agency and shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code), and shall do all of the following: (1) Provide for audit of project expenditures and outcomes. (2) Require that the useful life of the project be identified as part of the project nomination process. (3) Require that project nominations have project delivery milestones, including, but not limited to, start and completion dates for environmental clearance, land acquisition, design, construction bid award, construction completion, and project closeout, as applicable. (f) (1) As a condition for allocation of funds to a specific project under Chapter 12.49 (commencing with Section 8879.20), the administrative agency shall require the recipient agency to report, on a semiannual basis, on the activities and progress made toward implementation of the project. The administrative agency shall forward the report to the Department of Finance by means approved by the Department of Finance. The purpose of the report is to ensure that the project is being executed in a timely fashion, and is within the scope and budget identified when the decision was made to fund the project. If it is anticipated that project costs will exceed the approved project budget, the recipient agency shall provide a plan to the administrative agency for achieving the benefits of the project by either downscoping the project to remain within budget or by identifying an alternative funding source to meet the cost increase. The administrative agency may either approve the corrective plan or direct the recipient agency to modify its plan. (2) Within six months of the project becoming operable, the recipient agency shall provide a report to the administrative agency on the final costs of the project as compared to the approved project budget, the project duration as compared to the original project schedule as of the date of allocation, and performance outcomes derived from the project compared to those described in the original application for funding. The administrative agency shall forward the report to the Department of Finance by means approved by the Department of Finance. (Added by Stats. 2007, Ch. 181, Sec. 3. Effective August 24, 2007.)
  145. 44299.91.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. California Clean Schoolbus Program [44299.90 - 44299.91] ( Chapter 10 added by Stats. 2007, Ch. 181, Sec. 3. )

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    The State Air Resources Board must allocate school bus program funds in the specified order, and districts must use them for replacement, retrofit, scrapping, transfer, and spending deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 10. California Clean Schoolbus Program [44299.90 - 44299.91] ( Chapter 10 added by Stats. 2007, Ch. 181, Sec. 3. ) ## 44299.91. Of the funds appropriated pursuant to Item 3900-001-6053 of Section 2.00 of the Budget Act of 2007, the State Air Resources Board shall allocate the funds in accordance with all of the following: (a) All schoolbuses in operation in the state of model year 1976 or earlier shall be replaced. (b) (1) The funds remaining after the allocation made pursuant to subdivision (a) shall be apportioned to local air quality management districts and air pollution control districts based on the number of schoolbuses of model years 1977 to 1986, inclusive, that are in operation within each district. (2) Each district shall determine the percentage of its allocation to spend between replacement of schoolbuses of model years 1977 to 1986, inclusive, and retrofit of schoolbuses of any model year. Of the funds spent by a district for replacement of schoolbuses pursuant to this paragraph, a district shall replace the oldest schoolbuses of model years 1977 to 1986, inclusive, within the district. Of the funds spent by a district for retrofit of schoolbuses pursuant to this paragraph, a district shall retrofit the most polluting schoolbuses within the district. (c) All schoolbuses replaced pursuant to this section shall be scrapped. (d) These funds shall be administered by either the California Energy Commission or the local air district. (e) If a local air district’s funds, including accrued interest, are not committed by an executed contract as reported to the State Air Resources Board on or before June 30, 2012, then those funds shall be transferred, on or before January 1, 2013, to another local air district that demonstrates an ability to expend the funds by January 1, 2014. In implementing this section, the State Air Resources Board in consultation with the local air districts shall, by September 30, 2012, establish a list of potential recipient local air districts, prioritizing local air districts with the most polluting schoolbuses and the greatest need for schoolbus funding. (f) Each allocation made pursuant to this section to a local air district shall provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program adopted by the State Air Resources Board. In the event a local air district has unspent funds as of January 1, 2014, the local air district shall work with the State Air Resources Board to transfer the unspent funds to an alternative local air district with existing demand. (g) Funds made available pursuant to this chapter to a local air district shall be expended by June 30, 2014. (h) All funds not expended by a local air district by June 30, 2014, shall be returned to the State Air Resources Board. (i) Funds authorized by the State Air Resources Board during or subsequent to the 2013–14 fiscal year shall be allocated to local air districts by prioritizing to retrofit or replace the most polluting schoolbuses in small local air districts first and then medium local air districts as defined by the State Air Resources Board. Each allocation shall provide sufficient funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program adopted by the State Air Resources Board. If a local air district has unspent funds within six months of the expenditure deadline, the local air district shall work with the State Air Resources Board to transfer those funds to an alternative local air district with existing demand. (Amended by Stats. 2013, Ch. 356, Sec. 8. (SB 96) Effective September 26, 2013.)
  146. 443.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    This section names the part as the End of Life Option Act and says it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443. This part shall be known and may be cited as the End of Life Option Act. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  147. 443.1.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    This section defines key terms used in the End of Life Option Act, including who counts as an adult, a qualified individual, an attending physician, and what qualifies as a terminal disease.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.1. As used in this part, the following definitions shall apply: (a) “Adult” means an individual 18 years of age or older. (b) “Aid-in-dying drug” means a drug determined and prescribed by a physician for a qualified individual, which the qualified individual may choose to self-administer to bring about their death due to a terminal disease. (c) “Attending physician” means the physician who has primary responsibility for the health care of an individual and treatment of the individual’s terminal disease. (d) “Attending physician checklist and compliance form” means a form, as described in Section 443.22, identifying each and every requirement that must be fulfilled by an attending physician to be in good faith compliance with this part should the attending physician choose to participate. (e) “Capacity to make medical decisions” means that, in the opinion of an individual’s attending physician, consulting physician, psychiatrist, or psychologist, pursuant to Section 4609 of the Probate Code, the individual has the ability to understand the nature and consequences of a health care decision, the ability to understand its significant benefits, risks, and alternatives, and the ability to make and communicate an informed decision to health care providers. (f) “Consulting physician” means a physician who is independent from the attending physician and who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual’s terminal disease. (g) “Department” means the State Department of Public Health. (h) “Health care provider” or “provider of health care” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code; any person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act; and any person certified pursuant to Division 2.5 (commencing with Section 1797) of this code. (i) “Health care entity” means any clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with Section 1200), including a general hospital, medical clinic, nursing home or hospice facility. A health care entity does not include individuals described in subdivision (h). (j) “Informed decision” means a decision by an individual with a terminal disease to request and obtain a prescription for a drug that the individual may self-administer to end the individual’s life, that is based on an understanding and acknowledgment of the relevant facts, and that is made after being fully informed by the attending physician of all of the following: (1) The individual’s medical diagnosis and prognosis. (2) The potential risks associated with taking the drug to be prescribed. (3) The probable result of taking the drug to be prescribed. (4) The possibility that the individual may choose not to obtain the drug or may obtain the drug but may decide not to ingest it. (5) The feasible alternatives or additional treatment opportunities, including, but not limited to, comfort care, hospice care, palliative care, and pain control. (k) “Medically confirmed” means the medical diagnosis and prognosis of the attending physician has been confirmed by a consulting physician who has examined the individual and the individual’s relevant medical records. (l) “Mental health specialist assessment” means one or more consultations between an individual and a mental health specialist for the purpose of determining that the individual has the capacity to make medical decisions and is not suffering from impaired judgment due to a mental disorder. (m) “Mental health specialist” means a psychiatrist or a licensed psychologist. (n) “Physician” means a doctor of medicine or osteopathy currently licensed to practice medicine in this state. (o) “Public place” means any street, alley, park, public building, any place of business or assembly open to or frequented by the public, and any other place that is open to the public view, or to which the public has access. “Public place” does not include a health care entity. (p) “Qualified individual” means an adult who has the capacity to make medical decisions, is a resident of California, and has satisfied the requirements of this part in order to obtain a prescription for a drug to end their life. (q) “Self-administer” means a qualified individual’s affirmative, conscious, and physical act of administering and ingesting the aid-in-dying drug to bring about their own death. (r) “Terminal disease” means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months. (Amended by Stats. 2021, Ch. 542, Sec. 1. (SB 380) Effective January 1, 2022.)
  148. 443.10.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    A qualified individual cannot receive an aid-in-dying drug prescription unless they have made an informed decision, and the attending physician must verify that decision immediately before writing the prescription.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.10. A qualified individual may not receive a prescription for an aid-in-dying drug pursuant to this part unless he or she has made an informed decision. Immediately before writing a prescription for an aid-in-dying drug under this part, the attending physician shall verify that the individual is making an informed decision. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  149. 443.11.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    This section sets the required form for a request for an aid-in-dying drug, including language, interpreter, and witness rules.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.11. (a) A request for an aid-in-dying drug as authorized by this part shall be in the following form: REQUEST FOR AN AID-IN-DYING DRUG TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER I, ......................................................, am an adult of sound mind and a resident of the State of California.I am suffering from ................, which my attending physician has determined is in its terminal phase and which has been medically confirmed.I have been fully informed of my diagnosis and prognosis, the nature of the aid-in-dying drug to be prescribed and potential associated risks, the expected result, and the feasible alternatives or additional treatment options, including comfort care, hospice care, palliative care, and pain control.I request that my attending physician prescribe an aid-in-dying drug that will end my life in a humane and dignified manner if I choose to take it, and I authorize my attending physician to contact any pharmacist about my request.INITIAL ONE:............ I have informed one or more members of my family of my decision and taken their opinions into consideration............. I have decided not to inform my family of my decision............. I have no family to inform of my decision.I understand that I have the right to withdraw or rescind this request at any time.I understand the full import of this request and I expect to die if I take the aid-in-dying drug to be prescribed. My attending physician has counseled me about the possibility that my death may not be immediately upon the consumption of the drug.I make this request voluntarily, without reservation, and without being coerced.Signed:..............................................Dated:...............................................DECLARATION OF WITNESSESWe declare that the person signing this request:(a) is personally known to us or has provided proof of identity;(b) voluntarily signed this request in our presence;(c) is an individual whom we believe to be of sound mind and not under duress, fraud, or undue influence; and(d) is not an individual for whom either of us is the attending physician, consulting physician, or mental health specialist.............................Witness 1/Date............................Witness 2/DateNOTE: Only one of the two witnesses may be a relative (by blood, marriage, registered domestic partnership, or adoption) of the person signing this request or be entitled to a portion of the person’s estate upon death. Only one of the two witnesses may own, operate, or be employed at a health care entity where the person is a patient or resident.(b) (1) The written language of the request shall be written in the same translated language as any conversations, consultations, or interpreted conversations or consultations between a patient and their attending or consulting physicians. (2) Notwithstanding paragraph (1), the written request may be prepared in English even when the conversations or consultations or interpreted conversations or consultations were conducted in a language other than English if the English language form includes an attached interpreter’s declaration that is signed under penalty of perjury. The interpreter’s declaration shall state words to the effect that: I, (INSERT NAME OF INTERPRETER), am fluent in English and (INSERT TARGET LANGUAGE).On (insert date) at approximately (insert time), I read the “Request for an Aid-In-Dying Drug to End My Life” to (insert name of individual/patient) in (insert target language). Mr./Ms./Mx. (insert name of patient/qualified individual) affirmed to me that they understood the content of this form and affirmed their desire to sign this form under their own power and volition and that the request to sign the form followed consultations with an attending and consulting physician. I declare that I am fluent in English and (insert target language) and further declare under penalty of perjury that the foregoing is true and correct. Executed at (insert city, county, and state) on this (insert day of month) of (insert month), (insert year). X______Interpreter signature X______Interpreter printed name X______Interpreter address (3) An interpreter whose services are provided pursuant to paragraph (2) shall not be related to the qualified individual by blood, marriage, registered domestic partnership, or adoption or be entitled to a portion of the person’s estate upon death. An interpreter whose services are provided pursuant to paragraph (2) shall meet the standards promulgated by the California Healthcare Interpreting Association or the National Council on Interpreting in Health Care or other standards deemed acceptable by the department for health care providers in California. (Amended by Stats. 2021, Ch. 542, Sec. 5. (SB 380) Effective January 1, 2022.)
  150. 443.12.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    Contract, will, or agreement terms executed on or after January 1, 2016 cannot be used to affect a person’s ability to make, withdraw, or rescind a request for an aid-in-dying drug.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.12. (a) A provision in a contract, will, or other agreement executed on or after January 1, 2016, whether written or oral, to the extent the provision would affect whether a person may make, withdraw, or rescind a request for an aid-in-dying drug is not valid. (b) An obligation owing under any contract executed on or after January 1, 2016, may not be conditioned or affected by a qualified individual making, withdrawing, or rescinding a request for an aid-in-dying drug. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  151. 443.13.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

    Verify source ↗

    Insurance and health coverage generally cannot be conditioned, affected, or exempted because someone requests or rescinds an aid-in-dying drug request, and insurers have limits on related communications.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.13. (a) (1) The sale, procurement, or issuance of a life, health, or annuity policy, health care service plan contract, or health benefit plan, or the rate charged for a policy or plan contract may not be conditioned upon or affected by a person making or rescinding a request for an aid-in-dying drug. (2) Pursuant to Section 443.18, death resulting from the self-administration of an aid-in-dying drug is not suicide, and therefore health and insurance coverage shall not be exempted on that basis. (b) Notwithstanding any other law, a qualified individual’s act of self-administering an aid-in-dying drug shall not have an effect upon a life, health, or annuity policy other than that of a natural death from the underlying disease. (c) An insurance carrier shall not provide any information in communications made to an individual about the availability of an aid-in-dying drug absent a request by the individual or his or her attending physician at the behest of the individual. Any communication shall not include both the denial of treatment and information as to the availability of aid-in-dying drug coverage. For the purposes of this subdivision, “insurance carrier” means a health care service plan as defined in Section 1345 of this code or a carrier of health insurance as defined in Section 106 of the Insurance Code. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  152. 443.14.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    This section limits liability and penalties for people and health care providers involved in the End of Life Option Act, while requiring certain notice, recordkeeping, and transfer steps when a provider objects or cannot participate.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.14. (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability solely because the person was present when the qualified individual self-administers the prescribed aid-in-dying drug. A person who is present may, without civil or criminal liability, assist the qualified individual by preparing the aid-in-dying drug so long as the person does not assist the qualified person in ingesting the aid-in-dying drug. (b) A health care provider, health care entity, or professional organization or association shall not subject an individual to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for participating in good faith compliance with this part or for refusing to participate in accordance with subdivision (e). (c) Notwithstanding any other law, a health care provider or a health care entity shall not be subject to civil, criminal, administrative, disciplinary, employment, credentialing, professional discipline, contractual liability, or medical staff action, sanction, or penalty or other liability for participating in this part. This subdivision does not limit the application of, or provide immunity from, Section 443.15, 443.16, or 443.17. (d) (1) A request by a qualified individual to an attending physician to provide an aid-in-dying drug in good faith compliance with the provisions of this part shall not provide the sole basis for the appointment of a guardian or conservator. (2) Actions taken in compliance with the provisions of this part shall not constitute or provide the basis for any claim of neglect or elder abuse for any purpose of law. (e) (1) Participation under this part shall be voluntary. Notwithstanding Sections 442 to 442.7, inclusive, a person or entity that elects, for reasons of conscience, morality, or ethics, not to participate is not required to participate under this part. This subdivision does not limit the application of, or excuse noncompliance with, paragraphs (2), (4), and (5) of this subdivision or subdivision (b), (i), or (j) of Section 443.15, as applicable. (2) A health care provider who objects for reasons of conscience, morality, or ethics to participate under this part shall not be required to participate. If a health care provider is unable or unwilling to participate under this part, as defined in subdivision (f) of Section 443.15, the provider shall, at a minimum, inform the individual that they do not participate in the End of Life Option Act, document the individual’s date of request and provider’s notice to the individual of their objection in the medical record, and transfer the individual’s relevant medical record upon request. (3) A health care provider or health care entity is not subject to civil, criminal, administrative, disciplinary, employment, credentialing, professional discipline, contractual liability, or medical staff action, sanction, or penalty or other liability for refusing to participate under this part, as defined in paragraph (2) of subdivision (f) of Section 443.15. (4) If a health care provider is unable or unwilling to carry out a qualified individual’s request under this part and the qualified individual transfers care to a new health care provider or health care entity, the individual’s relevant medical records shall be provided to the individual and, upon the individual’s request, timely transferred with documentation of the date of the individual’s request for a prescription for aid-in-dying drug in the medical record, pursuant to law. (5) A health care provider or a health care entity shall not engage in false, misleading, or deceptive practices relating to a willingness to qualify an individual or provide a prescription to a qualified individual under this part. (Amended by Stats. 2021, Ch. 542, Sec. 6. (SB 380) Effective January 1, 2022.)
  153. 443.15.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    A health care entity may restrict participation in this part on its premises or within an employee’s or contractor’s work scope, but it must give notice, post its policy online, and follow legal and contractual procedures when enforcing the policy.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.15. (a) Subject to subdivision (b), notwithstanding any other law, a health care entity may prohibit its employees, independent contractors, or other persons or entities, including health care providers, from participating under this part while on premises owned or under the management or direct control of that health care entity or while acting within the course and scope of any employment by, or contract with, the entity. (b) A health care entity shall first give notice upon employment or other affiliation and thereafter annual notice of the policy concerning this part to the individual or entity. An entity that fails to provide notice to an individual or entity in compliance with this subdivision shall not be entitled to enforce such a policy against that individual or entity. For purposes of this subdivision, posting on the entity’s public internet website the entity’s current policy governing medical aid in dying shall satisfy the annual notice requirement. (c) Subject to compliance with subdivision (b), the health care entity may take action, including, but not limited to, the following, as applicable, against any individual or entity that violates this policy: (1) Loss of privileges, loss of membership, or other action authorized by the bylaws or rules and regulations of the medical staff. (2) Suspension, loss of employment, or other action authorized by the policies and practices of the health care entity. (3) Termination of any lease or other contract between the health care entity and the individual or entity that violates the policy. (4) Imposition of any other nonmonetary remedy provided for in any lease or contract between the health care entity and the individual or entity in violation of the policy. (d) This section does not prevent, or allow a health care entity to prohibit, any health care provider, employee, independent contractor, or other person or entity from any of the following: (1) Participating, or entering into an agreement to participate, under this part, while on premises that are not owned or under the management or direct control of the health care entity or while acting outside the course and scope of the participant’s duties as an employee of, or an independent contractor for, the health care entity. (2) Participating, or entering into an agreement to participate, under this part as an attending physician or consulting physician while on premises that are not owned or under the management or direct control of the health care entity. (e) In taking actions pursuant to subdivision (c), a health care entity shall comply with all procedures required by law, its own policies or procedures, and any contract with the individual or entity in violation of the policy, as applicable. (f) For purposes of this part: (1) “Notice” means a separate statement in writing advising of the health care entity policy with respect to participating under this part. (2) “Participating, or entering into an agreement to participate, under this part” means doing or entering into an agreement to do any one or more of the following: (A) Performing the duties of an attending physician as specified in Section 443.5. (B) Performing the duties of a consulting physician as specified in Section 443.6. (C) Performing the duties of a mental health specialist, in the circumstance that a referral to one is made. (D) Delivering the prescription for, dispensing, or delivering the dispensed aid-in-dying drug pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 443.5. (E) Being present when the qualified individual takes the aid-in-dying drug prescribed pursuant to this part. (3) “Participating, or entering into an agreement to participate, under this part” does not include doing, or entering into an agreement to do, any of the following: (A) Diagnosing whether a patient has a terminal disease, informing the patient of the medical prognosis, or determining whether a patient has the capacity to make decisions. (B) Providing information to a patient about this part. (C) Providing a patient, upon the patient’s request, with a referral to another health care provider for the purposes of participating under this part. (g) Any action taken by a health care entity pursuant to this section shall not be reportable under Sections 800 to 809.9, inclusive, of the Business and Professions Code. The fact that a health care provider participates under this part shall not be the sole basis for a complaint or report of unprofessional or dishonorable conduct under Sections 800 to 809.9, inclusive, of the Business and Professions Code. (h) This part does not prevent a health care provider from providing an individual with health care services that do not constitute participation in this part. (i) Each health care entity shall post on the entity’s public internet website the entity’s current policy governing medical aid in dying. (j) A health care entity shall not engage in false, misleading, or deceptive practices relating to its policy concerning end-of-life care services nor engage in coercion or undue influence under this part. (Amended by Stats. 2021, Ch. 542, Sec. 7. (SB 380) Effective January 1, 2022.)
  154. 443.16.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    Health care providers are protected from sanctions for certain End of Life Option Act-related actions, but that protection is limited and does not bar discipline for unprofessional conduct.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.16. (a) A health care provider may not be sanctioned for any of the following: (1) Making an initial determination pursuant to the standard of care that an individual has a terminal disease and informing him or her of the medical prognosis. (2) Providing information about the End of Life Option Act to a patient upon the request of the individual. (3) Providing an individual, upon request, with a referral to another physician. (b) A health care provider that prohibits activities under this part in accordance with Section 443.15 shall not sanction an individual health care provider for contracting with a qualified individual to engage in activities authorized by this part if the individual health care provider is acting outside of the course and scope of his or her capacity as an employee or independent contractor of the prohibiting health care provider. (c) Notwithstanding any contrary provision in this section, the immunities and prohibitions on sanctions of a health care provider are solely reserved for actions of a health care provider taken pursuant to this part. Notwithstanding any contrary provision in this part, health care providers may be sanctioned by their licensing board or agency for conduct and actions constituting unprofessional conduct, including failure to comply in good faith with this part. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  155. 443.17.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    This section makes it a felony to alter, forge, conceal, destroy, coerce, unduly influence, or secretly administer an aid-in-dying drug request in specified ways, and it bars certain physicians and specialists from being related to or inheriting from the patient.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.17. (a) Knowingly altering or forging a request for an aid-in-dying drug to end an individual’s life without their authorization or concealing or destroying a withdrawal or rescission of a request for an aid-in-dying drug is punishable as a felony if the act is done with the intent or effect of causing the individual’s death. (b) Knowingly coercing or exerting undue influence on an individual to request or ingest an aid-in-dying drug for the purpose of ending their life or to destroy a withdrawal or rescission of a request, or to administer an aid-in-dying drug to an individual without their knowledge or consent, is punishable as a felony. (c) For purposes of this section, “knowingly” has the meaning provided in Section 7 of the Penal Code. (d) The attending physician, consulting physician, or mental health specialist shall not be related to the individual by blood, marriage, registered domestic partnership, or adoption, or be entitled to a portion of the individual’s estate upon death. (e) This section does not limit civil liability or damages arising from negligent conduct or intentional misconduct in carrying out actions otherwise authorized by this part by any person, health care provider, or health care entity. (f) The penalties in this section do not preclude criminal penalties applicable under any law for conduct inconsistent with the provisions of this part. (Amended by Stats. 2021, Ch. 542, Sec. 8. (SB 380) Effective January 1, 2022.)
  156. 443.18.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    This section says the End of Life Option Act does not authorize anyone to end a person’s life by lethal injection, mercy killing, or active euthanasia.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.18. Nothing in this part may be construed to authorize a physician or any other person to end an individual’s life by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with this part shall not, for any purposes, constitute suicide, assisted suicide, homicide, or elder abuse under the law. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  157. 443.19.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    The State Department of Public Health must collect and review certain information, keep it confidential, publish yearly reports, and make specified forms available on its website.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.19. (a) The State Department of Public Health shall collect and review the information submitted pursuant to Section 443.9. The information collected shall be confidential and shall be collected in a manner that protects the privacy of the patient, the patient’s family, and any medical provider or pharmacist involved with the patient under the provisions of this part. The information shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. (b) On or before July 1, 2017, and each year thereafter, based on the information collected in the previous year, the department shall create a report with the information collected from the attending physician followup form and post that report to its Internet Web site. The report shall include, but not be limited to, all of the following based on the information that is provided to the department and on the department’s access to vital statistics: (1) The number of people for whom an aid-in-dying prescription was written. (2) The number of known individuals who died each year for whom aid-in-dying prescriptions were written, and the cause of death of those individuals. (3) For the period commencing January 1, 2016, to and including the previous year, cumulatively, the total number of aid-in-dying prescriptions written, the number of people who died due to use of aid-in-dying drugs, and the number of those people who died who were enrolled in hospice or other palliative care programs at the time of death. (4) The number of known deaths in California from using aid-in-dying drugs per 10,000 deaths in California. (5) The number of physicians who wrote prescriptions for aid-in-dying drugs. (6) Of people who died due to using an aid-in-dying drug, demographic percentages organized by the following characteristics: (A) Age at death. (B) Education level. (C) Race. (D) Sex. (E) Type of insurance, including whether or not they had insurance. (F) Underlying illness. (c) The State Department of Public Health shall make available the attending physician checklist and compliance form, the consulting physician compliance form, and the attending physician followup form, as described in Section 443.22, by posting them on its Internet Web site. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  158. 443.2.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    An eligible adult with a terminal disease may request a prescription for an aid-in-dying drug if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.2. (a) An individual who is an adult with the capacity to make medical decisions and with a terminal disease may make a request to receive a prescription for an aid-in-dying drug if all of the following conditions are satisfied: (1) The individual’s attending physician has diagnosed the individual with a terminal disease. (2) The individual has voluntarily expressed the wish to receive a prescription for an aid-in-dying drug. (3) The individual is a resident of California and is able to establish residency through any of the following means: (A) Possession of a California driver’s license or other identification issued by the State of California. (B) Registration to vote in California. (C) Evidence that the person owns or leases property in California. (D) Filing of a California tax return for the most recent tax year. (4) The individual documents his or her request pursuant to the requirements set forth in Section 443.3. (5) The individual has the physical and mental ability to self-administer the aid-in-dying drug. (b) A person shall not be considered a “qualified individual” under the provisions of this part solely because of age or disability. (c) A request for a prescription for an aid-in-dying drug under this part shall be made solely and directly by the individual diagnosed with the terminal disease and shall not be made on behalf of the patient, including, but not limited to, through a power of attorney, an advance health care directive, a conservator, health care agent, surrogate, or any other legally recognized health care decisionmaker. (Amended by Stats. 2017, Ch. 561, Sec. 99. (AB 1516) Effective January 1, 2018.)
  159. 443.20.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    A person holding unused aid-in-dying drugs after the patient’s death must personally deliver them for disposal, usually to the nearest qualified facility that disposes of controlled substances.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.20. A person who has custody or control of any unused aid-in-dying drugs prescribed pursuant to this part after the death of the patient shall personally deliver the unused aid-in-dying drugs for disposal by delivering it to the nearest qualified facility that properly disposes of controlled substances, or if none is available, shall dispose of it by lawful means in accordance with guidelines promulgated by the California State Board of Pharmacy or a federal Drug Enforcement Administration approved take-back program. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  160. 443.21.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    A governmental entity that incurs covered costs may claim repayment from the deceased person’s estate, including reasonable attorney fees for enforcing the claim.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.21. Any governmental entity that incurs costs resulting from a qualified individual terminating his or her life pursuant to the provisions of this part in a public place shall have a claim against the estate of the qualified individual to recover those costs and reasonable attorney fees related to enforcing the claim. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  161. 443.22.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    The Medical Board of California may update certain physician forms, and the State Department of Public Health must publish the updated forms online after they are completed.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.22. (a) The Medical Board of California may update the attending physician checklist and compliance form, the consulting physician compliance form, and the attending physician followup form, based on those provided in subdivision (b). Upon completion, the State Department of Public Health shall publish the updated forms on its Internet Web site. (b) Unless and until updated by the Medical Board of California pursuant to this section, the attending physician checklist and compliance form, the consulting physician compliance form, and the attending physician followup form shall be in the following form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The physician compliance and follow-up forms appear in the published chaptered bill. See Sec. 1 of Chapter 1 (pp. 18–25), 2nd Ex. Session, Statutes of 2015. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016. Note: See published bill for complete section text. The physician compliance forms appear on pages 18 to 25 of Ch. 1 (2nd Ex.).)
  162. 443.3.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    A person seeking an aid-in-dying prescription must make two oral requests at least 48 hours apart and a written request to the attending physician.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.3. (a) An individual seeking to obtain a prescription for an aid-in-dying drug pursuant to this part shall submit two oral requests, a minimum of 48 hours apart, and a written request to their attending physician. An attending physician shall directly, and not through a designee, receive a request required pursuant to this section and shall ensure the date of a request is documented in an individual’s medical record. An oral request documented in an individual’s medical record shall not be disregarded by an attending physician solely because it was received by a prior attending physician or an attending physician who chose not to participate. (b) A valid written request for an aid-in-dying drug under subdivision (a) shall meet all of the following conditions: (1) The request shall be in the form described in Section 443.11. (2) The request shall be signed and dated, in the presence of two witnesses, by the individual seeking the aid-in-dying drug. (3) The request shall be witnessed by at least two other adult persons who, in the presence of the individual, shall attest that to the best of their knowledge and belief the individual is all of the following: (A) An individual who is personally known to them or has provided proof of identity. (B) An individual who voluntarily signed this request in their presence. (C) An individual whom they believe to be of sound mind and not under duress, fraud, or undue influence. (D) Not an individual for whom either of them is the attending physician, consulting physician, or mental health specialist. (c) Only one of the two witnesses at the time the written request is signed may: (1) Be related to the qualified individual by blood, marriage, registered domestic partnership, or adoption or be entitled to a portion of the individual’s estate upon death. (2) Own, operate, or be employed at a health care entity where the individual is receiving medical treatment or resides. (d) The attending physician, consulting physician, or mental health specialist of the individual shall not be one of the witnesses required pursuant to paragraph (3) of subdivision (b). (Amended by Stats. 2021, Ch. 542, Sec. 2. (SB 380) Effective January 1, 2022.)
  163. 443.4.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    An individual may withdraw or rescind a request for an aid-in-dying drug at any time, and may decide not to take it. Before a prescription is written, the attending physician must directly offer the individual a chance to withdraw or rescind the request. If care is transferred to another physician and the individual asks, the physician must transfer relevant medical records.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.4. (a) An individual may at any time withdraw or rescind their request for an aid-in-dying drug, or decide not to ingest an aid-in-dying drug, without regard to the individual’s mental state. (b) A prescription for an aid-in-dying drug provided under this part may not be written without the attending physician directly, and not through a designee, offering the individual an opportunity to withdraw or rescind the request. (c) If the individual decides to transfer care to another physician, upon request of the individual the physician shall transfer all relevant medical records including written documentation including the dates of the individual’s oral and written requests seeking to obtain a prescription for an aid-in-dying drug. (Amended by Stats. 2021, Ch. 542, Sec. 3. (SB 380) Effective January 1, 2022.)
  164. 443.5.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

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    Before prescribing an aid-in-dying drug, the attending physician must complete required eligibility checks, counseling, referrals, documentation, and form submissions.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.5. (a) Before prescribing an aid-in-dying drug, the attending physician shall do all of the following: (1) Make the initial determination of all of the following: (A) (i) Whether the requesting adult has the capacity to make medical decisions. (ii) If there are indications of a mental disorder, the physician shall refer the individual for a mental health specialist assessment. (iii) If a mental health specialist assessment referral is made, no aid-in-dying drugs shall be prescribed until the mental health specialist determines that the individual has the capacity to make medical decisions and is not suffering from impaired judgment due to a mental disorder. (B) Whether the requesting adult has a terminal disease. (C) Whether the requesting adult has voluntarily made the request for an aid-in-dying drug pursuant to Sections 443.2 and 443.3. (D) Whether the requesting adult is a qualified individual pursuant to subdivision (q) of Section 443.1. (2) Confirm that the individual is making an informed decision by discussing with them all of the following: (A) Their medical diagnosis and prognosis. (B) The potential risks associated with ingesting the requested aid-in-dying drug. (C) The probable result of ingesting the aid-in-dying drug. (D) The possibility that they may choose to obtain the aid-in-dying drug but not take it. (E) The feasible alternatives or additional treatment options, including, but not limited to, comfort care, hospice care, palliative care, and pain control. (3) Refer the individual to a consulting physician for medical confirmation of the diagnosis and prognosis, and for a determination that the individual has the capacity to make medical decisions and has complied with the provisions of this part. (4) Confirm that the qualified individual’s request does not arise from coercion or undue influence by another person by discussing with the qualified individual, outside of the presence of any other persons, except for an interpreter as required pursuant to this part, whether or not the qualified individual is feeling coerced or unduly influenced by another person. (5) Counsel the qualified individual about the importance of all of the following: (A) Having another person present when they ingest the aid-in-dying drug prescribed pursuant to this part. (B) Not ingesting the aid-in-dying drug in a public place. (C) Notifying the next of kin of their request for an aid-in-dying drug. A qualified individual who declines or is unable to notify next of kin shall not have their request denied for that reason. (D) Participating in a hospice program. (E) Maintaining the aid-in-dying drug in a safe and secure location until the time that the qualified individual will ingest it. (6) Inform the individual that they may withdraw or rescind the request for an aid-in-dying drug at any time and in any manner. (7) Offer the individual an opportunity to withdraw or rescind the request for an aid-in-dying drug before prescribing the aid-in-dying drug. (8) Verify, immediately before writing the prescription for an aid-in-dying drug, that the qualified individual is making an informed decision. (9) Confirm that all requirements are met and all appropriate steps are carried out in accordance with this part before writing a prescription for an aid-in-dying drug. (10) Fulfill the record documentation required under Sections 443.8 and 443.19. (11) Complete the attending physician checklist and compliance form, as described in Section 443.22, include it and the consulting physician compliance form in the individual’s medical record, and submit both forms to the State Department of Public Health. (b) If the conditions set forth in subdivision (a) are satisfied, the attending physician may deliver the aid-in-dying drug in any of the following ways: (1) Dispensing the aid-in-dying drug directly, including ancillary medication intended to minimize the qualified individual’s discomfort, if the attending physician meets all of the following criteria: (A) Is authorized to dispense medicine under California law. (B) Has a current United States Drug Enforcement Administration (USDEA) certificate. (C) Complies with any applicable administrative rule or regulation. (2) With the qualified individual’s written consent, contacting a pharmacist, informing the pharmacist of the prescriptions, and delivering the written prescriptions personally, by mail, or electronically to the pharmacist, who may dispense the drug to the qualified individual, the attending physician, or a person expressly designated by the qualified individual and with the designation delivered to the pharmacist in writing or verbally. (c) Delivery of the dispensed drug to the qualified individual, the attending physician, or a person expressly designated by the qualified individual may be made by personal delivery, or, with a signature required on delivery, by United Parcel Service, United States Postal Service, FedEx, or by messenger service. (Amended by Stats. 2021, Ch. 542, Sec. 4. (SB 380) Effective January 1, 2022.)
  165. 443.6.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

    Verify source ↗

    Before a qualified individual gets an aid-in-dying drug from the attending physician, the consulting physician must complete specified review, documentation, referral, and form-submission steps.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.6. Before a qualified individual obtains an aid-in-dying drug from the attending physician, the consulting physician shall perform all of the following: (a) Examine the individual and his or her relevant medical records. (b) Confirm in writing the attending physician’s diagnosis and prognosis. (c) Determine that the individual has the capacity to make medical decisions, is acting voluntarily, and has made an informed decision. (d) If there are indications of a mental disorder, refer the individual for a mental health specialist assessment. (e) Fulfill the record documentation required under this part. (f) Submit the compliance form to the attending physician. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  166. 443.7.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

    Verify source ↗

    When referred by the attending or consulting physician, the mental health specialist must examine the qualified individual, assess decision-making capacity and voluntariness, check for impaired judgment due to a mental disorder, and complete the required records.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.7. Upon referral from the attending or consulting physician pursuant to this part, the mental health specialist shall: (a) Examine the qualified individual and his or her relevant medical records. (b) Determine that the individual has the mental capacity to make medical decisions, act voluntarily, and make an informed decision. (c) Determine that the individual is not suffering from impaired judgment due to a mental disorder. (d) Fulfill the record documentation requirements of this part. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  167. 443.8.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

    Verify source ↗

    Certain aid-in-dying requests and related physician assessments must be documented in the individual’s medical record.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.8. All of the following shall be documented in the individual’s medical record: (a) All oral requests for aid-in-dying drugs. (b) All written requests for aid-in-dying drugs. (c) The attending physician’s diagnosis and prognosis, and the determination that a qualified individual has the capacity to make medical decisions, is acting voluntarily, and has made an informed decision, or that the attending physician has determined that the individual is not a qualified individual. (d) The consulting physician’s diagnosis and prognosis, and verification that the qualified individual has the capacity to make medical decisions, is acting voluntarily, and has made an informed decision, or that the consulting physician has determined that the individual is not a qualified individual. (e) A report of the outcome and determinations made during a mental health specialist’s assessment, if performed. (f) The attending physician’s offer to the qualified individual to withdraw or rescind his or her request at the time of the individual’s second oral request. (g) A note by the attending physician indicating that all requirements under Sections 443.5 and 443.6 have been met and indicating the steps taken to carry out the request, including a notation of the aid-in-dying drug prescribed. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  168. 443.9.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. )

    Verify source ↗

    An attending physician must send specified forms and documents to the State Department of Public Health within 30 calendar days in two situations: after writing an aid-in-dying prescription, and after the qualified individual’s death.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.85. End of Life Option Act [443 - 443.22] ( Part 1.85 added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. ) ## 443.9. (a) Within 30 calendar days of writing a prescription for an aid-in-dying drug, the attending physician shall submit to the State Department of Public Health a copy of the qualifying patient’s written request, the attending physician checklist and compliance form, and the consulting physician compliance form. (b) Within 30 calendar days following the qualified individual’s death from ingesting the aid-in-dying drug, or any other cause, the attending physician shall submit the attending physician followup form to the State Department of Public Health. (Added by Stats. 2015, 2nd Ex. Sess., Ch. 1, Sec. 1. (AB 15 2x) Effective June 9, 2016.)
  169. 44300.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section says Part 6 is known and may be cited as the Air Toxics “Hot Spots” Information and Assessment Act of 1987.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44300. This part shall be known and may be cited as the Air Toxics “Hot Spots” Information and Assessment Act of 1987. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  170. 44301.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The Legislature states findings about toxic air releases, public health risks, and the need for more information to assess and control hazardous air pollutants.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44301. The Legislature finds and declares all of the following: (a) In the wake of recent publicity surrounding planned and unplanned releases of toxic chemicals into the atmosphere, the public has become increasingly concerned about toxics in the air. (b) The Congressional Research Service of the Library of Congress has concluded that 75 percent of the United States population lives in proximity to at least one facility that manufactures chemicals. An incomplete 1985 survey of large chemical companies conducted by the Congressional Research Service documented that nearly every chemical plant studied routinely releases into the surrounding air significant levels of substances proven to be or potentially hazardous to public health. (c) Generalized emissions inventories compiled by air pollution control districts and air quality management districts in California confirm the findings of the Congressional Research Service survey as well as reveal that many other facilities and businesses which do not actually manufacture chemicals do use hazardous substances in sufficient quantities to expose, or in a manner that exposes, surrounding populations to toxic air releases. (d) These releases may create localized concentrations or air toxics “hot spots” where emissions from specific sources may expose individuals and population groups to elevated risks of adverse health effects, including, but not limited to, cancer and contribute to the cumulative health risks of emissions from other sources in the area. In some cases where large populations may not be significantly affected by adverse health risks, individuals may be exposed to significant risks. (e) Little data is currently available to accurately assess the amounts, types, and health impacts of routine toxic chemical releases into the air. As a result, there exists significant uncertainty about the amounts of potentially hazardous air pollutants which are released, the location of those releases, and the concentrations to which the public is exposed. (f) The State of California has begun to implement a long-term program to identify, assess, and control ambient levels of hazardous air pollutants, but additional legislation is needed to provide for the collection and evaluation of information concerning the amounts, exposures, and short- and long-term health effects of hazardous substances regularly released to the surrounding atmosphere from specific sources of hazardous releases. (g) In order to more effectively implement control strategies for those materials posing an unacceptable risk to the public health, additional information on the sources of potentially hazardous air pollutants is necessary. (h) It is in the public interest to ascertain and measure the amounts and types of hazardous releases and potentially hazardous releases from specific sources that may be exposing people to those releases, and to assess the health risks to those who are exposed. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  171. 44302.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The chapter’s definitions control how this part is interpreted.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44302. The definitions set forth in this chapter govern the construction of this part. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  172. 44303.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section defines “air release” or “release” as activities that may cause air contaminants to be issued into ambient air from routine or predictable facility operations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44303. “Air release” or “release” means any activity that may cause the issuance of air contaminants, including the actual or potential spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a substance into the ambient air and that results from the routine operation of a facility or that is predictable, including, but not limited to, continuous and intermittent releases and predictable process upsets or leaks. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  173. 44304.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section defines “facility” for this chapter as certain land-based structures, installations, and improvements connected to hazardous-material air releases or potential releases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44304. “Facility” means every structure, appurtenance, installation, and improvement on land which is associated with a source of air releases or potential air releases of a hazardous material. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  174. 44306.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section defines “health risk assessment.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44306. “Health risk assessment” means a detailed comprehensive analysis prepared pursuant to Section 44361 to evaluate and predict the dispersion of hazardous substances in the environment and the potential for exposure of human populations and to assess and quantify both the individual and populationwide health risks associated with those levels of exposure. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  175. 44307.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section defines “operator” as the person who owns or operates a facility or part of a facility.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44307. “Operator” means the person who owns or operates a facility or part of a facility. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  176. 44308.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    “Plan” means the emissions inventory plan that meets the conditions in Section 44342.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44308. “Plan” means the emissions inventory plan which meets the conditions specified in Section 44342. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  177. 44309.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    “Report” means the emissions inventory report specified in Section 44341.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 1. Legislative Findings and Definitions [44300 - 44309] ( Chapter 1 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44309. “Report” means the emissions inventory report specified in Section 44341. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  178. 44320.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section says which facilities are covered by this part of the air toxics program, and lets a district waive coverage for some facilities with state board concurrence.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44320. This part applies to the following: (a) Any facility which manufactures, formulates, uses, or releases any of the substances listed pursuant to Section 44321 or any other substance which reacts to form a substance listed in Section 44321 and which releases or has the potential to release total organic gases, particulates, or oxides of nitrogen or sulfur in the amounts specified in Section 44322. (b) Except as provided in Section 44323, any facility which is listed in any current toxics use or toxics air emission survey, inventory, or report released or compiled by a district. A district may, with the concurrence of the state board, waive the application of this part pursuant to this subdivision for any facility which the district determines will not release any substance listed pursuant to Section 44321 due to a shutdown or a process change. (Amended by Stats. 1989, Ch. 1254, Sec. 7.)
  179. 44321.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The state board must compile and maintain a list of substances for Section 44320, and may remove a substance if it meets both listed criteria.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44321. For the purposes of Section 44320, the state board shall compile and maintain a list of substances that contains, but is not limited to, all of the following: (a) Substances identified by reference in paragraph (1) of subdivision (b) of Section 6382 of the Labor Code and substances placed on the list prepared by the National Toxicology Program and issued by the United States Secretary of Health and Human Services pursuant to paragraph (4) of subsection (b) of Section 241 of Title 42 of the United States Code. For the purposes of this subdivision, the state board may remove from the list any substance which meets both of the following criteria: (1) No evidence exists that it has been detected in air. (2) The substance is not manufactured or used in California, or, if manufactured or used in California, because of the physical or chemical characteristics of the substance or the manner in which it is manufactured or used, there is no possibility that it will become airborne. (b) Carcinogens and reproductive toxins referenced in or compiled pursuant to Section 25249.8, except those which meet both of the criteria identified in subdivision (a). (c) Substances designated by the state board as toxic air contaminants pursuant to subdivision (b) of Section 39657 and substances on the candidate list of potential toxic air contaminants and the list of designated toxic air contaminants prepared by the state board pursuant to Article 3 (commencing with Section 39660) of Chapter 3.5 of Part 2, including, but not limited to, all substances currently under review and scheduled or nominated for review and substances identified and listed for which health effects information is limited. (d) Substances for which an information or hazard alert has been issued by the repository of current data established pursuant to Section 147.2 of the Labor Code. (e) Substances reviewed, under review, or scheduled for review as air toxics or potential air toxics by the Office of Air Quality Planning and Standards of the Environmental Protection Agency, including substances evaluated in all of the following categories or their equivalent: preliminary health and source screening, detailed assessment, intent to list, decision not to regulate, listed, standard proposed, and standard promulgated. (f) Any additional substances recognized by the state board as presenting a chronic or acute threat to public health when present in the ambient air, including, but not limited to, any neurotoxicants or chronic respiratory toxicants not included within subdivision (a), (b), (c), (d), or (e). (Amended by Stats. 2002, Ch. 572, Sec. 1. Effective January 1, 2003.)
  180. 44322.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section applies to certain facilities on a schedule based on annual emissions, and requires the state board to report to the Legislature for the smallest facilities category by July 1, 1990.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44322. This part applies to facilities specified in subdivision (a) of Section 44320 in accordance with the following schedule: (a) For those facilities that release, or have the potential to release, 25 tons per year or greater of total organic gases, particulates, or oxides of nitrogen or sulfur, this part becomes effective on July 1, 1988. (b) For those facilities that release, or have the potential to release, more than 10 but less than 25 tons per year of total organic gases, particulates, or oxides of nitrogen or sulfur, this part becomes effective July 1, 1989. (c) For those facilities that release, or have the potential to release, less than 10 tons per year of total organic gases, particulates, or oxides of nitrogen or sulfur, the state board shall, on or before July 1, 1990, prepare and submit a report to the Legislature identifying the classes of those facilities to be included in this part and specifying a timetable for their inclusion. (Amended by Stats. 1989, Ch. 1254, Sec. 8.)
  181. 44323.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A district may prepare an industrywide emissions inventory and health risk assessment for some facility classes, and must prepare an emissions inventory for another specified facility group, if the class meets all listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44323. A district may prepare an industrywide emissions inventory and health risk assessment for facilities specified in subdivision (b) of Section 44320 and subdivisions (a) and (b) of Section 44322, and shall prepare an industrywide emissions inventory for the facilities specified in subdivision (c) of Section 44322, in compliance with this part for any class of facilities that the district finds and determines meets all of the following conditions: (a) All facilities in the class fall within one four-digit Standard Industrial Classification Code. (b) Individual compliance with this part would impose severe economic hardships on the majority of the facilities within the class. (c) The majority of the class is composed of small businesses. (d) Releases from individual facilities in the class can easily and generically be characterized and calculated. (Amended by Stats. 1989, Ch. 1254, Sec. 9.)
  182. 44324.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section says the part does not apply to facilities using economic poisons in pesticidal use, unless the facility was already subject to district permit requirements on or before August 1, 1987.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44324. This part does not apply to any facility where economic poisons are employed in their pesticidal use, unless that facility was subject to district permit requirements on or before August 1, 1987. As used in this section, “pesticidal use” does not include the manufacture or formulation of pesticides. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  183. 44325.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A solid waste disposal facility that complies with Section 41805.5 is treated as complying with this part’s emissions inventory requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 2. Facilities Subject to this Part [44320 - 44325] ( Chapter 2 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44325. Any solid waste disposal facility in compliance with Section 41805.5 is in compliance with the emissions inventory requirements of this part. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  184. 44340.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    Facility operators covered by this part must submit an emissions inventory plan to the district, and the district must act on the plan within 120 days.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44340. (a) The operator of each facility subject to this part shall prepare and submit to the district a proposed comprehensive emissions inventory plan in accordance with the criteria and guidelines adopted by the state board pursuant to Section 44342. (b) The proposed plan shall be submitted to the district on or before August 1, 1989, except that, for any facility to which subdivision (b) of Section 44322 applies, the proposed plan shall be submited to the district on or before August 1, 1990. The district shall approve, modify, and approve as modified, or return for revision and resubmission, the plan within 120 days of receipt. (c) The district shall not approve a plan unless all of the following conditions are met: (1) The plan meets the requirements established by the state board pursuant to Section 44342. (2) The plan is designed to produce, from the list compiled and maintained pursuant to Section 44321, a comprehensive characterization of the full range of hazardous materials that are released, or that may be released, to the surrounding air from the facility. Air release data shall be collected at, or calculated for, the primary locations of actual and potential release for each hazardous material. Data shall be collected or calculated for all continuous, intermittent, and predictable air releases. (3) The measurement technologies and estimation methods proposed provide state-of-the-art effectiveness and are sufficient to produce a true representation of the types and quantities of air releases from the facility. (4) Source testing or other measurement techniques are employed wherever necessary to verify emission estimates, as determined by the state board and to the extent technologically feasible. All testing devices shall be appropriately located, as determined by the state board. (5) Data are collected or calculated for the relevant exposure rate or rates of each hazardous material according to its characteristic toxicity and for the emission rate necessary to ensure a characterization of risk associated with exposure to releases of the hazardous material that meets the requirements of Section 44361. The source of all emissions shall be displayed or described. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  185. 44341.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    After district approval of a plan, the operator must implement the plan and submit a report to the district within 180 days; the district must send monitoring data from the approved report to the state board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44341. Within 180 days after approval of a plan by the district, the operator shall implement the plan and prepare and submit a report to the district in accordance with the plan. The district shall transmit all monitoring data contained in the approved report to the state board. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  186. 44342.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The state board must develop criteria and guidelines for site-specific air toxics emissions inventory plans by May 1, 1989, after consulting with the districts.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44342. The state board shall, on or before May 1, 1989, in consultation with the districts, develop criteria and guidelines for site-specific air toxics emissions inventory plans which shall be designed to comply with the conditions specified in Section 44340 and which shall include at least all of the following: (a) For each class of facility, a designation of the hazardous materials for which emissions are to be quantified and an identification of the likely source types within that class of facility. The hazardous materials for quantification shall be chosen from among, and may include all or part of, the list specified in Section 44321. (b) Requirements for a facility diagram identifying each actual or potential discrete emission point and the general locations where fugitive emissions may occur. The facility diagram shall include any nonpermitted and nonprocess sources of emissions and shall provide the necessary data to identify emission characteristics. An existing facility diagram which meets the requirements of this section may be submitted. (c) Requirements for source testing and measurement. The guidelines may specify appropriate uses of estimation techniques including, but not limited to, emissions factors, modeling, mass balance analysis, and projections, except that source testing shall be required wherever necessary to verify emission estimates to the extent technologically feasible. The guidelines shall specify conditions and locations where source testing, fence-line monitoring, or other measurement techniques are to be required and the frequency of that testing and measurement. (d) Appropriate testing methods, equipment, and procedures, including quality assurance criteria. (e) Specifications for acceptable emissions factors, including, but not limited to, those which are acceptable for substantially similar facilities or equipment, and specification of procedures for other estimation techniques and for the appropriate use of available data. (f) Specification of the reporting period required for each hazardous material for which emissions will be inventoried. (g) Specifications for the collection of useful data to identify toxic air contaminants pursuant to Article 2 (commencing with Section 39660) of Chapter 3.5 of Part 2. (h) Standardized format for preparation of reports and presentation of data. (i) A program to coordinate and eliminate any possible overlap between the requirements of this chapter and the requirements of Section 313 of the Superfund Amendment and Reauthorization Act of 1986 ( Public Law 99-499). The state board shall design the guidelines and criteria to ensure that, in collecting data to be used for emissions inventories, actual measurement is utilized whenever necessary to verify the accuracy of emission estimates, to the extent technologically feasible. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  187. 44343.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The district must review reports submitted under Section 44341 and, within 90 days, obtain corrections or clarifications and notify specified health and labor agencies of its findings.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44343. The district shall review the reports submitted pursuant to Section 44341 and shall, within 90 days, review each report, obtain corrections and clarifications of the data, and notify the State Department of Health Services, the Department of Industrial Relations, and the city or county health department of its findings and determinations as a result of its review of the report. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384. Note: See this section as modified on July 1, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  188. 44344.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    Air toxics emissions inventories under this chapter must be updated every four years, unless Section 44391 applies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44344. Except as provided in Section 44391, emissions inventories developed pursuant to this chapter shall be updated every four years, in accordance with the procedures established by the state board. Those updates shall take into consideration improvements in measurement techniques and advancing knowledge concerning the types and toxicity of hazardous material released or potentially released. (Amended by Stats. 1993, Ch. 1041, Sec. 1. Effective January 1, 1994.)
  189. 44344.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    Some facilities are exempt from air toxics inventory compliance when their cancer and noncancer prioritization scores are low enough, and districts may charge a limited fee for quadrennial updates.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44344.4. (a) Except as provided in subdivision (d) and in Section 44344.7, a facility shall be exempt from further compliance with this part if the facility’s prioritization scores for cancer and noncancer health effects are both equal to or less than one, based on the results of the most recent emissions inventory or emissions inventory update. An exempt facility shall no longer be required to pay any fee or submit any report to the district or the state board pursuant to this part. (b) Except for facilities that are exempt from this part pursuant to subdivision (a), a facility for which the prioritization scores for cancer and noncancer health effects are both equal to or less than 10, based on the results of the most recent emissions inventory or emissions inventory update, shall not be required to pay any fee or submit any report to the district or the state board pursuant to this part, except for the quadrennial emissions inventory update required pursuant to Section 44344. A district may, by regulation, establish a fee to be paid by a facility operator in connection with the operator’s submission to the district of a quadrennial emissions inventory update pursuant to this subdivision. The fee shall not be greater than one hundred twenty-five dollars ($125). A district may increase the fee above that amount upon the adoption of written findings that the costs of processing the emission inventory update exceed one hundred twenty-five dollars ($125). However, the district shall not adopt a fee greater than that supported by the written findings. (c) For the purposes of this part, “prioritization score” means a facility’s numerical score for cancer health effects or noncancer health effects, as determined by the district pursuant to Section 44360 in a manner consistent with facility prioritization guidelines prepared by the California Air Pollution Control Officers Association and approved by the state board. (d) Notwithstanding subdivision (a) and Section 44344.7, if a district has good cause to believe that a facility may pose a potential threat to public health and that the facility therefore does not qualify for an exemption claimed by the facility pursuant to subdivision (a), the district may require the facility to document the facility’s emissions and health impacts, or the changes in emissions expected to occur as a result of a particular physical change, a change in activities or operations at the facility, or a change in other factors. The district may deny the exemption if the documentation does not support the claim for the exemption. (Added by Stats. 1996, Ch. 602, Sec. 2. Effective January 1, 1997.)
  190. 44344.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The operator of a new facility not previously subject to this part must prepare and submit an emissions inventory plan and report, unless the subdivision (b) conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44344.5. (a) The operator of any new facility that previously has not been subject to this part shall prepare and submit an emissions inventory plan and report. (b) Notwithstanding subdivision (a), a new facility shall not be required to submit an emissions inventory plan and report if all of the following conditions are met: (1) The facility is subject to a district permit program established pursuant to Section 42300. (2) The district conducts an assessment of the potential emissions or their associated risks, whichever the district determines to be appropriate, attributable to the new facility and finds that the emissions will not result in a significant risk. A risk assessment conducted pursuant to this paragraph shall comply with paragraph (2) of subdivision (b) of Section 44360. (3) The district issues a permit authorizing construction or operation of the new facility. (Amended by Stats. 1996, Ch. 602, Sec. 3. Effective January 1, 1997.)
  191. 44344.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    A district must redetermine or evaluate a facility’s prioritization score within 90 days after receiving certain emissions inventory updates or notice of plan completion.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44344.6. A district shall redetermine a facility’s prioritization score, or evaluate the prioritization score as calculated and submitted by the facility, within 90 days from the date of receipt of a quadrennial emissions inventory update pursuant to Section 44344 or subdivision (b) of Section 44344.4, within 90 days from the date of receipt of an emissions inventory update submitted pursuant to Section 44344.7, or within 90 days from the date of receiving notice that a facility has completed the implementation of a plan prepared pursuant to Section 44392. (Added by Stats. 1996, Ch. 602, Sec. 4. Effective January 1, 1997.)
  192. 44344.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    Some exempt facilities must again comply and file an emissions inventory update when certain changes occur or when the district gives notice.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44344.7. (a) A facility exempted from this part pursuant to subdivision (a) of Section 44344.4 shall, upon receipt of a notice from the district, again be subject to this part and the operator shall submit an emissions inventory update for those sources and substances for which a physical change in the facility or a change in activities or operations has occurred, as follows: (1) The facility emits a substance newly listed pursuant to Section 44321. (2) A sensitive receptor has been established or constructed within 500 meters of the facility after the facility became exempt. (3) The facility emits a substance for which the potency factor has increased. (b) The operator of a facility exempted from this part pursuant to subdivision (a) of Section 44344.4 shall submit an emissions inventory update for those sources and substances for which a particular physical change in the facility or a change in activities or operations occurs if, as a result of the particular change, either of the following has occurred: (1) The facility has begun emitting a listed substance not included in the previous emissions inventory. (2) The facility has increased its emissions of a listed substance to a level greater than the level previously reported for that substance, and the increase in emissions exceeds 100 percent of the previously reported level. (c) Notwithstanding subdivision (b), a physical change or change in activities or operations at a facility shall not cause the facility to again be subject to this part if all of the following conditions are met: (1) The physical change or change in activities or operations is subject to a district permit program established pursuant to Section 42300. (2) The district conducts an assessment of the potential changes in emissions or their associated risks, whichever the district determines to be appropriate, attributable to the physical change or change in activities or operations and finds that the changes in emissions will not result in a significant risk. A risk assessment conducted pursuant to this paragraph shall comply with paragraph (2) of subdivision (b) of Section 44360. (3) The district issues a permit for the physical change or change in activities or operations. (Amended by Stats. 1996, Ch. 602, Sec. 5. Effective January 1, 1997.)
  193. 44345.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    The state board must develop a program to compile and make public chapter data, and it must also compile and incorporate certain emissions inventory data by specific deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44345. (a) On or before July 1, 1989, the state board shall develop a program to compile and make available to other state and local public agencies and the public all data collected pursuant to this chapter. (b) In addition, the state board, on or before March 1, 1990, shall compile, by district, emissions inventory data for mobile sources and area sources not subject to district permit requirements, and data on natural source emissions, and shall incorporate these data into data compiled and released pursuant to this chapter. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  194. 44346.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    An operator must still disclose required facility-diagram information to the district even if it is believed to be a trade secret, while the district must protect qualifying trade secrets and follow notice-and-delay steps before public release.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 3. Air Toxics Emission Inventories [44340 - 44346] ( Chapter 3 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44346. (a) If an operator believes that any information required in the facility diagram specified pursuant to subdivision (b) of Section 44342 involves the release of a trade secret, the operator shall nevertheless make the disclosure to the district, and shall notify the district in writing of that belief in the report. (b) Subject to this section, the district shall protect from disclosure any trade secret designated as a trade secret by the operator, if that trade secret is not a public record. (c) Upon receipt of a request for the release of information to the public that includes information that the operator has notified the district is a trade secret and that is not a public record, the following procedure applies: (1) The district shall notify the operator of the request in writing by certified mail, return receipt requested. (2) The district shall release the information to the public, but not earlier than 30 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 30-day period, the operator obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection under this section or for a preliminary injunction prohibiting disclosure of the information to the public and promptly notifies the district of that action. (d) This section does not permit an operator to refuse to disclose the information required pursuant to this part to the district. (e) Any information determined by a court to be a trade secret, and not a public record pursuant to this section, shall not be disclosed to anyone except an officer or employee of the district, the state, or the United States, in connection with the official duties of that officer or employee under any law for the protection of health, or to contractors with the district or the state and its employees if, in the opinion of the district or the state, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect the health and safety of the employees of the contractor. (f) Any officer or employee of the district or former officer or employee who, by virtue of that employment or official position, has possession of, or has access to, any trade secret subject to this section, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it is guilty of a misdemeanor. Any contractor of the district and any employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the district for purposes of this section. (g) Information certified by appropriate officials of the United States as necessary to be kept secret for national defense purposes shall be accorded the full protections against disclosure as specified by those officials or in accordance with the laws of the United States. (h) As used in this section, “trade secret” and “public record” have the meanings and protections given to them by Sections 7924.510 and 7924.700 of the Government Code and Section 1060 of the Evidence Code. All information collected pursuant to this chapter, except for data used to calculate emissions data required in the facility diagram, shall be considered “air pollution emission data,” for the purposes of this section. (Amended by Stats. 2021, Ch. 615, Sec. 262. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  195. 44360.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

    Verify source ↗

    This section requires the district to rank and categorize certain facilities for health-risk assessment, and requires operators of the highest-priority facilities to submit assessments on time.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44360. (a) Within 90 days of completion of the review of all emissions inventory data for facilities specified in subdivision (a) of Section 44322, but not later than December 1, 1990, the district shall, based on examination of the emissions inventory data and in consultation with the state board and the State Department of Health Services, prioritize and then categorize those facilities for the purposes of health risk assessment. The district shall designate high, intermediate, and low priority categories and shall include each facility within the appropriate category based on its individual priority. In establishing priorities pursuant to this section, the district shall consider the potency, toxicity, quantity, and volume of hazardous materials released from the facility, the proximity of the facility to potential receptors, including, but not limited to, hospitals, schools, day care centers, worksites, and residences, and any other factors that the district finds and determines may indicate that the facility may pose a significant risk to receptors. The district shall hold a public hearing prior to the final establishment of priorities and categories pursuant to this section. (b) (1) Within 150 days of the designation of priorities and categories pursuant to subdivision (a), the operator of every facility that has been included within the highest priority category shall prepare and submit to the district a health risk assessment pursuant to Section 44361. The district may, at its discretion, grant a 30-day extension for submittal of the health risk assessment. (2) Health risk assessments required by this chapter shall be prepared in accordance with guidelines established by the Office of Environmental Health Hazard Assessment. The office shall prepare draft guidelines which shall be circulated to the public and the regulated community and shall adopt risk assessment guidelines after consulting with the state board and the Risk Assessment Committee of the California Air Pollution Control Officers Association and after conducting at least two public workshops, one in the northern and one in the southern part of the state. The adoption of the guidelines is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The scientific review panel established pursuant to Section 39670 shall evaluate the guidelines adopted under this paragraph and shall recommend changes and additional criteria to reflect new scientific data or empirical studies. (3) The guidelines established pursuant to paragraph (2) shall impose only those requirements on facilities subject to this subdivision that are necessary to ensure that a required risk assessment is accurate and complete and shall specify the type of site-specific factors that districts may take into account in determining when a single health risk assessment may be allowed under subdivision (d). The guidelines shall, in addition, allow the operator of a facility, at the operator’s option, and to the extent that valid and reliable data are available, to include for consideration by the district in the health risk assessment any or all of the following supplemental information: (A) Information concerning the scientific basis for selecting risk parameter values that are different than those required by the guidelines and the likelihood distributions that result when alternative values are used. (B) Data from dispersion models, microenvironment characteristics, and population distributions that may be used to estimate maximum actual exposure. (C) Risk expressions that show the likelihood that any given risk estimate is the correct risk value. (D) A description of the incremental reductions in risk that occur when exposure is reduced. (4) To ensure consistency in the use of the supplemental information authorized by subparagraphs (A), (B), (C), and (D) of paragraph (3), the guidelines established pursuant to paragraph (2) shall include guidance for use by the districts in considering the supplemental information when it is included in the health risk assessment. (c) Upon submission of emissions inventory data for facilities specified in subdivisions (b) and (c) of Section 44322, the district shall designate facilities for inclusion within the highest priority category, as appropriate, and any facility so designated shall be subject to subdivision (b). In addition, the district may require the operator of any facility to prepare and submit health risk assessments, in accordance with the priorities developed pursuant to subdivision (a). (d) The district shall, except where site specific factors may affect the results, allow the use of a single health risk assessment for two or more substantially identical facilities operated by the same person. (e) Nothing contained in this section, Section 44380.5, or Chapter 6 (commencing with Section 44390) shall be interpreted as requiring a facility operator to prepare a new or revised health risk assessment using the guidelines established pursuant to paragraph (2) of subdivision (a) of this section if the facility operator is required by the district to begin the preparation of a health risk assessment before those guidelines are established. (Amended by Stats. 1992, Ch. 1162, Sec. 1. Effective January 1, 1993.)
  196. 44361.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

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    Health risk assessments must be submitted to the district, and the district and the state office have review, consultation, reimbursement, and contractor-related obligations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44361. (a) Each health risk assessment shall be submitted to the district. The district shall make the health risk assessment available for public review, upon request. After preliminary review of the emissions impact and modeling data, the district shall submit the health risk assessment to the Office of Environmental Health Hazard Assessment for review and, within 180 days of receiving the health risk assessment, the office shall submit to the district its comments on the data and findings relating to health effects. The district shall consult with the state board as necessary to adequately evaluate the emissions impact and modeling data contained within the risk assessment. (b) For the purposes of complying with this section, the Office of Environmental Health Hazard Assessment may select a qualified independent contractor to review the data and findings relating to health effects. The office shall not select an independent contractor to review a specific health risk assessment who may have a conflict of interest with regard to the review of that health risk assessment. Any review by an independent contractor shall comply with the following requirements: (1) Be performed in a manner consistent with guidelines provided by the office. (2) Be reviewed by the office for accuracy and completeness. (3) Be submitted by the office to the district in accordance with this section. (c) The district shall reimburse the Office of Environmental Health Hazard Assessment or the qualified independent contractor designated by the office pursuant to subdivision (b), within 45 days of its request, for its actual costs incurred in reviewing a health risk assessment pursuant to this section. (d) If a district requests the Office of Environmental Health Hazard Assessment to consult with the district concerning any requirement of this part, the district shall reimburse the office, within 45 days of its request, for the costs incurred in the consultation. (e) Upon designation of the high priority facilities, as specified in subdivision (a) of Section 44360, the Office of Environmental Health Hazard Assessment shall evaluate the staffing requirements of this section and may submit recommendations to the Legislature, as appropriate, concerning the maximum number of health risk assessments to be reviewed each year pursuant to this section. (Amended by Stats. 2018, Ch. 92, Sec. 144. (SB 1289) Effective January 1, 2019.)
  197. 44362.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

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    The district must act on the health risk assessment within one year, and the facility operator must notify exposed persons if the assessment shows a significant health risk.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44362. (a) Taking the comments of the Office of Environmental Health Hazard Assessment into account, the district shall approve or return for revision and resubmission and then approve, the health risk assessment within one year of receipt. If the health risk assessment has not been revised and resubmitted within 60 days of the district’s request of the operator to do so, the district may modify the health risk assessment and approve it as modified. (b) Upon approval of the health risk assessment, the operator of the facility shall provide notice to all exposed persons regarding the results of the health risk assessment prepared pursuant to Section 44361 if, in the judgment of the district, the health risk assessment indicates there is a significant health risk associated with emissions from the facility. If notice is required under this subdivision, the notice shall include only information concerning significant health risks attributable to the specific facility for which the notice is required. Any notice shall be made in accordance with procedures specified by the district. (Amended by Stats. 1996, Ch. 602, Sec. 6. Effective January 1, 1997.)
  198. 44363.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

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    Each district must prepare and publish an annual report, share it with local government and health officials, and the district board must hold public hearings about it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44363. (a) Commencing July 1, 1991, each district shall prepare and publish an annual report which does all of the following: (1) Describes the priorities and categories designated pursuant to Section 44360 and summarizes the results and progress of the health risk assessment program undertaken pursuant to this part. (2) Ranks and identifies facilities according to the degree of cancer risk posed both to individuals and to the exposed population. (3) Identifies facilities which expose individuals or populations to any noncancer health risks. (4) Describes the status of the development of control measures to reduce emissions of toxic air contaminants, if any. (b) The district shall disseminate the annual report to county boards of supervisors, city councils, and local health officers and the district board shall hold one or more public hearings to present the report and discuss its content and significance. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  199. 44364.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

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    The state board must use the reports and assessments from this part to identify, set priorities for, and control toxic air contaminants.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44364. The state board shall utilize the reports and assessments developed pursuant to this part for the purposes of identifying, establishing priorities for, and controlling toxic air contaminants pursuant to Chapter 3.5 (commencing with Section 39650) of Part 2. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)
  200. 44365.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. )

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    If the state board finds a district is not meeting this part’s requirements, the board may take over the district’s authority to approve emissions inventory plans and require health risk assessments. Districts may also set stricter approval and assessment requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300 - 44394] ( Part 6 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## CHAPTER 4. Risk Assessment [44360 - 44366] ( Chapter 4 added by Stats. 1987, Ch. 1252, Sec. 1. ) ## 44365. (a) If the state board finds and determines that a district’s actions pursuant to this part do not meet the requirements of this part, the state board may exercise the authority of the district pursuant to this part to approve emissions inventory plans and require the preparation of health risk assessments. (b) This part does not prevent any district from establishing more stringent criteria and requirements than are specified in this part for approval of emissions inventories and requiring the preparation and submission of health risk assessments. Nothing in this part limits the authority of a district under any other provision of law to assess and regulate releases of hazardous substances. (Added by Stats. 1987, Ch. 1252, Sec. 1. Section operative July 1, 1988, pursuant to Section 44384.)

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