BILL NUMBER: AB 233	CHAPTERED
	BILL TEXT

	CHAPTER  592
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2007
	APPROVED BY GOVERNOR  OCTOBER 13, 2007
	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN SENATE  AUGUST 31, 2007
	AMENDED IN SENATE  JULY 11, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 28, 2007

INTRODUCED BY   Assembly Member Jones

                        JANUARY 30, 2007

   An act to add Sections 43011.5 and 43704 to the Health and Safety
Code, and to add Section 4755 to the Vehicle Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 233, Jones. Diesel vehicles and engines: Healthy Heart and Lung
Act.
   (1) Existing law gives the State Air Resources Board the
responsibility for control of emissions from motor vehicles and
requires the state board to coordinate efforts of all levels of
government as they affect air quality. The state board is required to
identify toxic air contaminants and to establish airborne toxic
control measures for toxic air contaminants. The state board has
adopted an airborne toxic control measure to limit diesel-fueled
commercial motor vehicle idling. Violations of this regulation are
subject to a minimum civil penalty of $100.
   This bill would increase this minimum civil penalty to $300. The
bill would also require the state board, every 3 years, to review
enforcement of specified diesel emission control regulations and
develop a strategic plan for consistent, comprehensive, and fair
enforcement of these regulations. The bill would require the state
board to submit this plan to the relevant legislative policy and
fiscal committees by January 1, 2009, and every 3 years thereafter.
   (2) Existing law requires a commercial motor vehicle that operates
with a declared gross or combined gross vehicle weight that exceeds
10,000 pounds to register with the Department of Motor Vehicles, and
subjects these vehicles to special weight fees.
   This bill would require the department to, for any diesel
commercial vehicle subject to these provisions, refuse registration,
or renewal or transfer of registration, if the owner or an operator
of the vehicle has been cited for a violation pertaining to the
vehicle of specified air pollution laws until the violation has been
cleared, as determined by the State Air Resources Board.


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

  SECTION 1.  This act shall be known, and may be cited as, the
Healthy Heart and Lung Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The State Air Resources Board's Emission Reduction Plan for
Ports and Goods Movement, adopted April 2006, states that goods
movement activity, including trips made by diesel-fueled trucks,
contributes to increases in cancer risk, premature deaths,
hospitalizations for respiratory and cardiovascular causes,
bronchitis, asthma attacks, and other respiratory symptoms.
   (b) The State Air Resources Board identified particulate matter
emissions from diesel-fueled engines as a toxic air contaminant in
1998. The state board subsequently developed a risk reduction plan
that included a goal of reducing the public health risk from diesel
particulate matter by 85 percent by 2020, and began to develop
regulations designed to further reduce diesel particulate matter
emissions from diesel-fueled engines and vehicles.
   (c) As part of its efforts to reduce diesel emissions, the State
Air Resources Board has adopted regulations to control idling of
diesel-fueled vehicles, including buses and trucks. Additional
enforcement measures are needed to ensure consistent enforcement of
these and other regulations.
  SEC. 3.  Section 43011.5 is added to the Health and Safety Code, to
read:
   43011.5.  (a) Every three years, the state board shall review its
existing enforcement of diesel emission control regulations and
anticipated enforcement needs for future diesel emission control
regulations for manufacturers, owners, or operators of on-road and
off-road vehicles and engines to implement the state board's Diesel
Risk Reduction Plan and Emission Reduction Plan for Ports and Goods
Movement, and develop a strategic plan for consistent, comprehensive,
and fair enforcement of these regulations.
   (b) The state board shall consult with the districts and the
public in developing the plan, and shall review the plan at a public
board meeting.
   (c) The plan shall include, but is not limited to, all of the
following:
   (1) An assessment of the need for additional staff and technology
resources at the state board to ensure that the appropriate resources
are available to ensure consistent enforcement of diesel emission
control regulations for on-road and off-road vehicles and engines
throughout the state and in areas where diesel emissions are
concentrated.
   (2) Goals for inspection frequency for the next three years to
promote the maximum level of compliance with diesel emission control
regulations for on-road and off-road vehicles and engines.
   (3) An education and outreach component to increase public
awareness and understanding of the diesel regulations identified in
subdivision (a). The education and outreach component shall include
the placement of signs and other materials in multiple languages
where appropriate in locations where significant numbers of idling
trucks and engines have been found, especially locations near schools
and residential communities, to ensure that operators of trucks
traveling through the state and other affected individuals and
businesses are aware of the state's diesel engine idling
requirements.
   (4) A training program for local enforcement staff, including, but
not limited to, outreach to highway patrol, local police, and local
air district staff on enforcement of the state's diesel engine idling
requirements through workshops, educational material, and training
sessions in northern and southern California.
   (d) The state board shall submit the plan prepared pursuant to
subdivision (a) to the relevant legislative policy and fiscal
committees by January 1, 2009, and every three years thereafter.
  SEC. 4.  Section 43704 is added to the Health and Safety Code, to
read:
   43704.  Any person who violates Section 2485 of Title 13 of the
California Code of Regulations is subject to a minimum civil penalty
of three hundred dollars ($300).
  SEC. 5.  Section 4755 is added to the Vehicle Code, to read:
   4755.  The department shall refuse registration, or renewal or
transfer of registration for any commercial motor vehicle subject to
Section 4000.6, if the owner or operator of the motor vehicle at the
time of the application has been cited for a violation, pertaining to
that vehicle, of Division 26 (commencing with Section 39000) of the
Health and Safety Code or regulations of the State Air Resources
Board adopted pursuant to that division, until the violation has been
cleared, as determined by the State Air Resources Board.