Air pollution: small off-road engines: voucher programs: local regulation.

Removed the prohibition on local governments from adopting or enforcing ordinances that ban gas-powered small off-road engine landscaping equipment unless the district offers commercial vouchers or the local government implements its own incentive voucher program. This provision was set to take effect January 1, 2027 and sunset on January 31, 2032. Its removal means cities can now adopt and enforce such bans without being required to first offer a voucher program.

Strengthened the language assistance requirement for commercial voucher programs. Previously districts only had to provide language assistance 'when requested.' Now they must specifically provide language assistance in the top five non-English languages spoken within the district's service area when requested.

The voucher program mandate now requires funding to be 'appropriated by the Legislature in the annual Budget Act or other statute for purposes of this paragraph,' replacing the broader 'to the extent that funding is available' language. This ties the obligation to explicit legislative appropriations rather than any available funds.

A new paragraph clarifies that a district may still implement or maintain a commercial voucher program using other available funds even in the absence of a specific appropriation for this purpose, preserving flexibility for districts with existing incentive programs.

The requirement that vouchers cover 'not less than 85 percent, and up to 100 percent, of eligible costs' was removed from both the district voucher program (subdivision b) and the local government incentive program condition (subdivision c). Districts and local governments are no longer required to meet a minimum coverage threshold.

A new provision states that a violation is deemed to occur no more than once per property or job site per calendar day, and that using multiple pieces of equipment, involving multiple persons, or multiple observations of the same conduct do not constitute separate violations. This prevents stacking fines for a single landscaping job.

The requirement for large and medium air districts to implement and maintain a commercial voucher program by January 1, 2028 is now conditioned on 'to the extent that funding is available,' making it a conditional rather than absolute mandate.

A sunset provision was added stating that the preemption on local government ordinances prohibiting gas-powered small off-road engine landscaping equipment becomes inoperative on January 31, 2032. After that date, local governments may ban such equipment without first offering a voucher program.

Subparagraphs within Section 43018.12(b)(1) were renumbered (the immigration status, criminal history, and cost-effectiveness provisions shifted letter designations), with no change to their substantive content.

The January 1, 2032 sunset date on the prohibition of local bans on gas-powered landscaping equipment was removed. The restriction on local governments adopting or enforcing such ordinances is now permanent rather than expiring in 2032.

The exception allowing local governments to adopt reasonable time, place, and manner restrictions (permitting use between 7 a.m. and 10 p.m.) was removed. Local governments can no longer rely on this carve-out to justify ordinances restricting gas-powered landscaping equipment.

The exception for ordinances adopted before January 1, 2022 that prohibit the use of small off-road engine landscaping equipment was removed. Pre-existing local bans are no longer grandfathered in.

Legislative finding (10), which referenced the State Air Resources Board's benchmark for emissions reduction by 2031 and beyond and justified phasing in enforcement, was removed. This is consistent with the removal of the sunset date.

The condition under which a local government may enforce a ban on gas-powered landscaping equipment was broadened. Previously, only the local government's own incentive voucher program satisfied the requirement. Now, the condition is met if either the district offers commercial vouchers pursuant to subdivision (b) OR the local government implements its own incentive voucher program.

A new cost-effectiveness requirement was added: unless a district is using funds specifically appropriated for this section, it must ensure that any existing district incentive funds used to implement the voucher program achieve emissions reductions that are cost effective relative to other allowable uses of those funds.

The term 'rebate voucher' was replaced with simply 'voucher' throughout the bill, including in the legislative digest and all statutory provisions. This simplifies the terminology but does not appear to change the substance of the program.

The mandate to implement a rebate program by January 1, 2028 now applies only to large districts (population 1,000,000 or more) and medium districts. Small rural districts are no longer required to implement a program but must comply with alternative documentation requirements if they choose to adopt one voluntarily.

Local governments are no longer flatly prohibited from adopting ordinances banning gas-powered landscaping equipment until 2032. They may now adopt such an ordinance if they implement an incentive voucher program covering at least 85% and up to 100% of eligible transition costs. The prohibition on new bans takes effect January 1, 2027.

New definitions added for 'large district' (population 1,000,000 or more), 'medium district' (less than 1,000,000 and not a small rural district), and 'small rural district' (less than 1,000,000 and designated as rural by the California Air Pollution Control Officers Association based on population base and limited staffing/administrative capacity).

The program is renamed from a 'commercial rebate program' to a 'commercial rebate voucher program.' Throughout the bill, references to rebates are changed to vouchers, indicating a shift in how financial assistance is delivered to landscapers.

Districts must now provide language assistance when requested during the documentation review and verification process.

A graduated administrative fine system replaces the prior flat ban on criminal penalties: a written warning for a first violation, an administrative fine up to $100 for a second violation within one year, and up to $200 for each additional violation within one year. Violations still cannot be punished as an infraction or misdemeanor.

New ability-to-pay protections require adjudicators to consider a person's ability to pay when assessing fines. If a person meets criteria in Government Code Section 68632(a) or (b), the local government must accept 20% of the fine as full satisfaction. Local governments may also allow community service in lieu of payment, waive the fine, or offer alternative disposition.

New requirement that any contract between a nonpublic entity and a large or medium district for administering the voucher program must explicitly require the entity to adhere to all requirements of the section, with immediate termination if the entity is found in violation.