BILL NUMBER: AB 1922	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  MAY 2, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 22, 2012

   An act to amend Section 43701 of the Health and Safety Code,
relating to vehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1922, as amended, Lara. Heavy-duty vehicles: smoke emissions.
   Existing law requires the State Air Resources Board to adopt
regulations requiring owners or operators of heavy-duty diesel motor
vehicles to perform regular inspections of their vehicles for
excessive emissions of smoke. Existing regulations require the owner
of a heavy-duty  diesel-powered   diesel-fueled
 vehicle to test the vehicle for excessive smoke emissions
periodically, as specified, and requires the vehicle to be
periodically tested for smoke opacity and repaired if the applicable
smoke opacity standard is exceeded within 12 months of the previous
test, as prescribed.
   This bill would require, on or before December 31 of each year, a
fleet  ,   as defined,  to  complete its
required smoke opacity inspections and any necessary repairs
  comply with the regulations and standards  for
that calendar year.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 43701 of the Health and Safety Code is amended
to read:
   43701.  (a) (1) Not later than July 15, 1992, the state board, in
consultation with the bureau and the review committee established
pursuant to subdivision (a) of Section 44021, shall, after a public
hearing, adopt regulations that require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection procedure,
the frequency of inspections, the emission standards for smoke, and
the actions the vehicle owner or operator is required to take to
remedy excessive smoke emissions shall be specified by the state
board. Those standards shall be developed in consultation with
interested parties. The smoke standards adopted under this
subdivision shall not be more stringent than those adopted under
Chapter 5 (commencing with Section 44000).
   (2)  (A)    On or before December 31 of each
year, a fleet shall  complete its required smoke opacity
inspections and any necessary repairs   comply with the
regulations and standards  for that calendar year. 
   (B) For purposes of this paragraph, "fleet" means any group of two
or more heavy-duty diesel-fueled vehicles that are owned or operated
by the same person. 
   (b) Not later than December 15, 1993, the state board shall, in
consultation with the State Energy Resources Conservation and
Development Commission, and after a public hearing, adopt regulations
that require that heavy-duty diesel motor vehicles subject to
subdivision (a) utilize emission control equipment and alternative
fuels. The state board shall consider, but not be limited to, the use
of cleaner burning diesel fuel, or other methods that will reduce
gaseous and smoke emissions to the greatest extent feasible, taking
into consideration the cost of compliance. The regulations shall
provide that any significant modification of the engine necessary to
meet these requirements shall be made during a regularly scheduled
major maintenance or overhaul of the vehicle's engine. If the state
board requires the use of alternative fuels, it shall do so only to
the extent those fuels are available.
   (c) The state board shall adopt emissions standards and procedures
for the qualification of any equipment used to meet the requirements
of subdivision (b), and only qualified equipment shall be used.
   (d) To the extent permissible under federal law, commencing
January 1, 2006, the owner or operator of any commercial motor truck,
as defined in Section 410 of the Vehicle Code, with a  GVWR
  gross vehicle weight rating (GVWR)  greater than
10,000 pounds that enters the state for the purposes of operating in
the state shall maintain, and provide upon demand to enforcement
authorities, evidence demonstrating that its engine met the federal
emission standards applicable to commercial heavy-duty engines for
that engine's model-year at the time it was manufactured, pursuant to
the protocol and regulations developed and implemented pursuant to
subdivision (e).
   (e) The state board, not later than January 1, 2006, in
consultation with the  Department of the  California Highway
Patrol, shall develop, adopt, and implement regulations establishing
an inspection protocol for determining whether the engine of a truck
subject to the requirements of subdivision (d) met the federal
emission standard applicable to heavy-duty engines for that engine's
model-year at the time it was manufactured.