BILL NUMBER: SBX8 57	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cox
   (Coauthor: Assembly Member Niello)

                        FEBRUARY 12, 2010

   An act to add Section 43705.5 to the Health and Safety Code,
relating to air pollution, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 57, as introduced, Cox. Heavy-duty vehicles: particulate matter
and nitrous oxides.
   (1) Existing law generally designates the State Air Resources
Board as the state agency with the primary responsibility for the
control of vehicular air pollution. The state board is required to
adopt regulations to require that owners or operators of heavy-duty
diesel motor vehicles perform regular inspections of their vehicles
for excessive emissions of smoke, and regulations to require the
utilization of emission control equipment.
   This bill would impose a specified compliance schedule on any
regulation adopted by the state board after December 11, 2008, that
imposes Best Available Control Technology (BACT) requirements on
heavy-duty diesel-fueled vehicles for particulate matter (PM)
emissions and nitrous oxides (NOx) emissions.
   (2) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
January 8, 2010.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on January 8, 2010,
pursuant to the California Constitution.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 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.  The Legislature finds and declares all of the
following:
   (a) The State Air Resources Board has developed regulations that
would require retrofits or engine replacements for heavy-duty diesel
trucks.
   (b) While these regulations would improve air quality by reducing
emissions, it is imperative that the economic costs to businesses
also be considered.
   (c) It has been estimated that retrofits will cost between fifteen
thousand dollars ($15,000) and thirty thousand dollars ($30,000) per
truck. The cost of a new truck often exceeds one hundred twenty
thousand dollars ($120,000). These costs will ultimately have a
significant effect on California consumers.
   (d) In an effort to balance public health benefits and the
economic costs to California businesses, it is necessary for the
Legislature to adopt a new compliance schedule for regulations voted
to be adopted by the State Air Resources Board on December 12, 2008,
that are now in Section 2025 of Title 13 of the California Code of
Regulations.
  SEC. 2.  Section 43705.5 is added to the Health and Safety Code, to
read:
   43705.5.  Any regulation adopted by the state board after December
11, 2008, that imposes Best Available Control Technology (BACT)
requirements on heavy-duty diesel-fueled vehicles for particulate
matter (PM) emissions and nitrous oxides (NOx) emissions shall be
implemented no earlier than the following dates:
   (a) For pre-1994 model-year engines, January 1, 2013, for PM BACT
and January 1, 2017, for NOx BACT.
   (b) For 1994 to 1999, inclusive, model-year engines, January 1,
2015, for both PM and NOx BACT.
   (c) For 2000 to 2002, inclusive, model-year engines, January 1,
2016, for both PM and NOx BACT.
   (d) For 2003 and 2004 model-year engines, January 1, 2014, for PM
BACT and January 1, 2018, for NOx BACT.
   (e) For 2005 and 2006 model-year engines, January 1, 2015, for PM
BACT and January 1, 2019, for NOx BACT.
   (f) For 2007 model-year engines, January 1, 2023, for both PM and
NOx BACT.
   (g) For 2008 model-year engines, January 1, 2024, for both PM and
NOx BACT.
   (h) For 2009 model-year engines, January 1, 2025, for both PM and
NOx BACT.
  SEC. 3.  This act addresses the fiscal emergency declared by the
Governor by proclamation on January 8, 2010, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.
  SEC. 4.  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 balance health benefits and economic costs in the
development of air pollution regulations, it is necessary for this
act to take effect immediately.