Section 44091 Of Article 9. Repair Or Removal Of High Polluters From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 5. >> Article 9.
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.