Section 44104 Of Article 10. Accelerated Light-duty Vehicle Retirement Program From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 5. >> Article 10.
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.