BILL NUMBER: AB 679	CHAPTERED  02/25/06

	CHAPTER  11
	FILED WITH SECRETARY OF STATE  FEBRUARY 25, 2006
	APPROVED BY GOVERNOR  FEBRUARY 24, 2006
	PASSED THE ASSEMBLY  FEBRUARY 14, 2006
	PASSED THE SENATE  SEPTEMBER 8, 2005
	AMENDED IN SENATE  SEPTEMBER 8, 2005
	AMENDED IN SENATE  AUGUST 16, 2005
	AMENDED IN SENATE  JUNE 27, 2005
	AMENDED IN ASSEMBLY  APRIL 26, 2005
	AMENDED IN ASSEMBLY  MARCH 31, 2005

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 17, 2005

   An act to add Sections 39616.5 and 43700.1 to the Health and
Safety Code, relating to emissions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 679, Calderon  Air resources: diesel fuel.
   Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources and generally designates the State Air Resources
Board as the state agency with the primary responsibility for the
control of vehicular air pollution. Existing law imposes emission
standards on used motor vehicles, including heavy-duty diesel motor
vehicles. Existing law authorizes the state board to adopt and
implement motor vehicle emission standards, in-use performance
standards, and motor vehicle fuel specifications that the state board
has found to be necessary, cost effective, and technologically
feasible. Existing law requires the state board to consult with
significantly impacted entities and to make specified determinations
before adopting or amending a standard or regulation relating to
motor vehicle fuel specifications. Existing federal law requires the
state to submit a state implementation plan for the control of air
pollution that, among other things, lists reductions in emissions in
the state. Existing law makes legislative findings and declarations
relating to reductions in diesel emissions from motor vehicles.
emissions from motor vehicles.sting law makes legislative findings
and declarations relating to reductions in diese diesel fuel, as
defined, by entities that do not have refineries in California. The
bill would authorize the state board to designate a fuel as a
compliant diesel fuel, as specified. The bill would also require the
state board to convene a panel of interested parties to develop a
test protocol for the evaluation of California Air Resources Board
(CARB) diesel fuel, and to recommend to the executive officer of the
state board a subsequent test program that measures the emissions
benefits of CARB diesel fuel. The bill would also require the state
board, no later than December 31, 2007, to complete the test program
and to submit the results of the test program to specified committees
of the Legislature.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 39616.5 is added to the Health and Safety Code,
to read:
   39616.5.  (a) The state board shall not adopt any regulation that
excludes the importation of compliant diesel fuel by entities that do
not have refineries in California.
   (b) For the purposes of this section, "compliant diesel fuel"
means a diesel fuel that complies with the designated equivalent
limits in paragraph (1) of subdivision (h) of Section 2282 of Title
13 of the California Code of Regulations.
   (c) The state board may designate a fuel as a compliant diesel
fuel if an importer demonstrates that the relevant properties of the
diesel fuel to be imported are equivalent to the properties of
California Air Resources Board (CARB) diesel fuel blends being
certified for sale in California.
   (d) For the purposes of this section, "relevant properties"
include all of the following:
   (1) Aromatic hydrocarbon content.
   (2) Polycyclic aromatic hydrocarbon content.
   (3) API gravity.
   (4) Cetane number.
   (5) Nitrogen content.
   (6) Sulfur content.
  SEC. 2.  Section 43700.1 is added to the Health and Safety Code, to
read:
   43700.1.  (a) The state board shall convene a panel of interested
parties to develop a test protocol for the evaluation of California
Air Resources Board (CARB) diesel fuel, and to recommend to the
executive officer of the state board a subsequent test program that
measures the emissions benefits of CARB diesel fuel.
   (b) No later than December 31, 2007, the state board shall
complete the test program described in subdivision (a), and shall
submit the results of the test program to the Senate Committee on
Environmental Quality, the Senate Committe on Transportation and
Housing, and the Assembly Committee on Transportation.