BILL NUMBER: AB 1384	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Miller
    (   Coauthors:   Assembly Members 
 Adams,   Anderson,   Arambula,   Bill
Berryhill,   Tom Berryhill,   Conway,  
Cook,   Duvall,   Fletcher,   Fuller,
  Garrick,   Gilmore,   Hagman,  
Harkey,   Jeffries,   Knight,   Logue,
  Nestande,   Niello,   Nielsen, 
 Silva,   Smyth,   Tran,  and Villines
  ) 
    (   Coauthors:   Senators  
Calderon,   Correa,   Cox,  and Wright
  ) 

                        FEBRUARY 27, 2009

   An act to amend Section 41964 of the Health and Safety Code,
relating to air  pollution.   pollution, and
declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1384, as amended, Miller. Gasoline: vapor recovery systems.
   Existing law requires the State Air Resources Board to adopt
procedures for determining the compliance of any system designed for
the control of gasoline vapor emissions during gasoline marketing
operations, including storage and transfer operations, and additional
performance standards to ensure that systems for the control of
gasoline vapors from motor vehicle fueling operations do not cause
excessive spillage and emissions. Existing law prohibits the state
board from requiring a gasoline dispensing facility that meets
certain requirements from undergoing an Enhanced Vapor Recovery Phase
II upgrade until April 1, 2011. Regulations adopted by the state
board require an Enhanced Vapor Recovery Phase II upgrade by April 1,
2009, as provided.
   This bill would prohibit the state board from requiring a gasoline
dispensing facility owned or operated by a local government that
does not meet these requirements from undergoing an Enhanced Vapor
Recovery Phase II upgrade until April 1, 2010. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority  2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.



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

  SECTION 1.  Section 41964 of the Health and Safety Code is amended
to read:
   41964.  (a) The state board shall not require a gasoline
dispensing facility that meets all of the following requirements to
undergo an Enhanced Vapor Recovery Phase II upgrade until April 1,
2011:
   (1) As of January 1, 2009, have installed a state board certified
Phase II vapor recovery system.
   (2) Have an annual gasoline throughput of 240,000 gallons or less.

   (3) Operate in a county that has a population of less than
100,000.
   (4) Operate in a basin not classified as nonattainment for ozone.
   (b) The state board shall not require a gasoline dispensing
facility owned or operated by a local government that does not meet
all of the requirements of subdivision (a) to undergo an Enhanced
Vapor Recovery Phase II upgrade until April 1, 2010.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to act as soon as possible to prevent the State Air
Resources Board from imposing on certain gasoline dispensing
facilities the requirement to undergo an Enhanced Vapor Recovery
Phase II upgrade, it is necessary that this act take effect
immediately.