Smog check: vehicle repair assistance and retirement program.

(1) Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs (the department) . The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. The owner of a motor vehicle that has failed its most recent smog check inspection has the right to retire the vehicle from operation at a dismantler under contract with the Bureau of Automotive Repair, and the department is required to pay this person up to $1,500, or more if cost effective. This bill would instead require the department to pay a person who retires his or her vehicle $1,500 for a low-income motor vehicle owner, as defined, and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on consideration of specified criteria. The bill would require the department to permit vehicle retirement for any motor vehicle that has been continuously registered in the state for at least 2 years prior to vehicle retirement, and that fails any type of smog check inspection lawfully performed in the state. Existing law also creates an enhanced fleet modernization program for the retirement of high polluting vehicles to be administered by the Bureau of Automotive Repair pursuant to guidelines adopted by the State Air Resources Board. This bill would require retirement payments made pursuant to that program to also be $1,500 for a low-income motor vehicle owner and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on the same criteria as in the vehicle retirement program discussed above. (2) Existing law provides for a repair assistance program available to an individual whose maximum income level is 185% of the federal poverty level, or 225% of the federal poverty level if a certain determination is made, and who is the owner of a motor vehicle that has failed a smog check inspection or received a notice to correct, or an individual who has failed a smog check inspection and is directed to a test-only facility. This bill would make the repair assistance program available only to low-income individuals whose income does not exceed 225% of the federal poverty level, as specified. The bill would make other conforming changes, and delete obsolete provisions of law.