BILL NUMBER: AB 2499	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2499, as introduced, Conway. Heavy-duty vehicles: smoke
emissions.
   Existing law requires the State Air Resources Board (state 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 law additionally
requires the state board to adopt regulations that require that
heavy-duty diesel motor vehicles subject to the above-described
requirements utilize emission control equipment and alternative
fuels.
   This bill would make a technical, nonsubstantive revision to the
requirement that the state board adopt regulations that require that
heavy-duty diesel motor vehicles subject to the above-described
requirements utilize emission control equipment and alternative
fuels.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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)  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).
   (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  which
  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 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 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.