Bill Text: CA SB369 | 2019-2020 | Regular Session | Amended

California Senate Bill 369 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Prisoners: California Reentry Commission.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB369 Detail]

Download: California-2019-SB369-Amended.html

Amended IN Senate April 25, 2019

Amended IN Senate March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 369

Introduced by Senator Hertzberg

February 20, 2019

An act to amend ~~Sections 44011 and~~ Section 44094 of the Health and Safety Code, ~~and to add Section 42011 to,~~ and to add Division 16.8 (commencing with Section 39200) ~~to,~~ to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 369, as amended, Hertzberg. Safe parking programs.

Existing law authorizes local authorities, by ordinance or resolution, to prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m. Existing law prohibits a person from operating or leaving a motor vehicle standing upon a highway, or in an offstreet public parking facility, unless the vehicle is registered and the appropriate fees have been paid, except as specified. Existing law also prohibits a person from driving a vehicle upon a highway without a valid driver’s license, except as specified, and establishes fees for obtaining and renewing a driver’s license.

This bill would authorize a city, county, city and county, joint powers authority, or continuum of care formed under federal law to ~~establish~~ establish, or enter into an agreement with an owner of a public or private parking lot to establish, a safe parking program for the purpose of designating an area for homeless persons and families who reside in their vehicles to park their vehicles and providing those persons access to case management and social services at the safe parking program site when specified conditions are met. The bill would require the Department of Motor Vehicles to waive specified fees and penalties a program participant incurred prior to enrolling in a safe parking program and to issue temporary operating permits to program participants whose vehicle registration has expired. The bill would allow a program participant to perform community service in lieu of any unpaid fines for parking violations that were committed prior to the participant’s enrollment in a safe parking program. site.

Existing law establishes a motor vehicle inspection and maintenance (smog check) ~~program that is~~ program, administered by the Department of Consumer ~~Affairs. The smog check program~~ Affairs, that requires inspection of motor vehicles upon initial registration and biennially upon renewal of registration, as well as certain other circumstances, except as specified. Existing law establishes a repair assistance program, administered by Bureau of Automotive Repair within the Department of Consumer Affairs, available to a person who owns a motor vehicle that has failed a smog check inspection and who meets specified criteria, including that the ~~person’s income is below a certain amount.~~ vehicle is currently registered with the Department of Motor Vehicles and has not experienced a significant lapse in registration during the previous 2 years.

This bill would ~~exempt~~ prohibit the department from requiring that vehicles owned by safe parking program participants ~~from smog check requirements for a one-year period and would deem all safe parking program participants eligible for participation~~ comply with the registration requirements described above as a condition of participating in the repair assistance program.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.Section 44011 of the Health and Safety Code is amended to read:
44011.
(a)All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following:
~~(1)All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.~~
(2)All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.
~~(3)All motor vehicles manufactured prior to the 1976 model-year.~~
~~(4)(A)Except as provided in subparagraph (B), all motor vehicles four or less model-years old.~~
(B)(i)All motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act.
(ii)Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act.
~~(iii)Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained.~~
~~(C)All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:~~
(i)The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.
~~(ii)The vehicle was previously registered outside this state and is undergoing initial registration in this state.~~
~~(iii)The vehicle is being registered as a specially constructed vehicle.~~
~~(iv)The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.~~
~~(D)This paragraph does not apply to diesel-powered vehicles.~~
(5)In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.
~~(6)All motor vehicles that the department determines would present prohibitive inspection or repair problems.~~
(7)Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage.
~~(8)(A)All diesel-powered vehicles manufactured prior to the 1998 model-year.~~
(B)All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(C)All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
~~(D)All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.~~
(9)A vehicle that is registered as owned by a person enrolled in a safe parking program pursuant to Division 16.8 (commencing with Section 39200) of the Vehicle Code, for a period of one year following the person’s enrollment in the safe parking program.
~~(b)Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.~~
(c)For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria:
~~(1)Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau.~~
~~(2)The motor vehicle is at least 35 model-years old.~~
(3)The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model-year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.

SEC. 2.SECTION 1.

Section 44094 of the Health and Safety Code is amended to read:

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.

(e)Notwithstanding any requirement established in this article, the department shall authorize participation in the program specified in this article by a person enrolled in a safe parking program pursuant to Division 16.8 (commencing with Section 39200) of the Vehicle Code.
(e) Notwithstanding any other law, the department shall not require, as a condition of participating in the program specified in this article, a vehicle owned by a person enrolled in a safe parking program for at least 30 days pursuant to Division 16.8 (commencing with Section 39200) of the Vehicle Code to be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 120 days, or have been continuously registered in California with the Department of Motor Vehicles without substantial lapse during the two consecutive years preceding the current registration expiration date, such that the vehicle has not experienced breaks in registration totaling more than 120 days.

SEC. 3.SEC. 2.

Division 16.8 (commencing with Section 39200) is added to the Vehicle Code, to read:

DIVISION 16.8. Safe Parking Programs

39200.
~~For purposes of this division, the following terms have the following meanings:~~
(a)“Program operator” means a city, county, city and county, joint powers authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or continuum of care formed pursuant to Sections 11381 to 11388, inclusive, of Title 42 of the United States Code that establishes a safe parking program under this division.
(b)“Program participant” means a person who meets the criteria for participation in a safe parking program, as determined by the program operator, and has been enrolled in a safe parking program by the program operator.
(c)“Safe parking program” means a program administered by a program operator that provides a designated area for homeless persons and families enrolled in the program to park their vehicles, and provides persons enrolled in the program access to case management and social services, including housing assistance, at the program site.

39201.39200.

A city, county, city and county, joint powers authority formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, nonprofit organization, or continuum of care formed pursuant to Sections 11381 to 11388, inclusive, of Title 42 of the United States Code may ~~establish~~ establish, or enter into an agreement with the owner of a public or private parking lot to establish, a safe parking program, if ~~both of the following conditions are met:~~ an area is designated for homeless persons and families who reside in their vehicles to park their vehicles legally and safely, and to access case management and social services, including housing assistance.

(a)An area is designated for homeless persons and families who reside in their vehicles to park their vehicles legally and safely, and provide those persons access to case management and social services, including housing assistance, at the program site.
~~(b)A declaration of a shelter crisis has been declared pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code.~~

39202.
(a)Upon a program participant’s enrollment in a safe parking program, the department shall waive any fees or penalties owed by the program participant to the department for the late filing of an application for the issuance or renewal of a driver’s license or vehicle registration, and any fees or penalties related to the reinstatement of insurance, that were incurred prior to the program participant’s enrollment in a safe parking program.
(b)The department shall establish a monthly payment plan for any other fees or penalties owed by a program participant to the department that were incurred prior to the program participant’s enrollment in a safe parking program.
~~(c)The department shall, upon application, issue a temporary operating permit, valid for 90 days, to a program participant whose vehicle registration has expired.~~
39203.
(a)A program participant shall not be required to obtain a certificate of compliance or noncompliance issued for a smog check inspection in accordance with Section 44015 of the Health and Safety Code for a period of one year following the program participant’s enrollment in a safe parking program.
(b)Notwithstanding any other law, a program participant, upon enrollment in a safe parking program, shall be deemed eligible to participate in the Consumer Assistance Program established in Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code.
39204.
(a)Notwithstanding any other law, a court shall permit a program participant, upon enrollment in a safe parking program, to perform community service in lieu of any unpaid fine for a violation of a parking offense provided in this code that was committed prior to the program participant’s enrollment in a safe parking program.
~~(b)For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.~~

39201.
Notwithstanding any other law, the department shall not require, as a condition of participating in the Consumer Assistance Program established in Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code, a vehicle owned by a person enrolled in a safe parking program pursuant to this division to be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 120 days, or have been continuously registered in California with the Department of Motor Vehicles without substantial lapse during the two consecutive years preceding the current registration expiration date, such that the vehicle has not experienced breaks in registration totaling more than 120 days.

SEC. 4.Section 42011 is added to the Vehicle Code, to read:
42011.
(a)Notwithstanding any other law, a person enrolled in a safe parking program pursuant to Division 16.8 (commencing with Section 39200) shall be permitted to perform community service in lieu of any unpaid fine for a violation of a parking offense provided in this code that was committed prior to the program participant’s enrollment in a safe parking program.
~~(b)For purposes of this section, community service includes time spent seeking or obtaining services from a safe parking program or other public or private social service provider.~~