BILL ANALYSIS Ó
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VETO
Bill No: SB 724
Author: Dutton (R), et al.
Amended: 6/22/11
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM : 7-0, 4/26/11
AYES: DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Rubio, Simitian
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 5/2/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/31/11
AYES: Alquist, Anderson, Blakeslee, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR : 76-0, 7/14/11 (Consent) - See last page
for vote
SENATE FLOOR : 37-0, 8/15/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
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Emmerson, Fuller, Gaines, Hancock, Harman, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Evans, Hernandez, Runner
SUBJECT : State Air Resources Board: mobile source
certification
SOURCE : Californians for Enforcement Reform and
Transparency
DIGEST : This bill requires the Air Resources Board
(ARB), within 30 working days after receipt of an
application for certification of a new, a carryover, or a
partial carryover on-road or off-road vehicle, engine, or
equipment family, as defined, to inform the applicant, in
writing, either that the application is complete and
accepted for filing, or that the application is deficient,
identifying the specific information required to make the
application complete.
Assembly Amendments added two new sections to the bill
which were subsequently amended out of the bill. This bill
is now identical to the version that passed the Senate
(39-0) on 5/31/11.
ANALYSIS : Existing law:
1.Grants ARB with primary responsibility for the control of
mobile source air pollution, and broadly authorizes ARB
to adopt rules for the reduction of emissions and the
specification of fuel composition.
2.Authorizes ARB to certify new motor vehicles and new
motor vehicle engines.
3.Requires ARB to adopt and implement emission standards
for new motor vehicles and engines for the control of
emissions from new motor vehicles that ARB finds to be
necessary and technologically feasible.
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This bill:
1.Requires ARB, within 30 working days after receipt of an
application for certification of a new, a carryover, or a
partial carryover on-road or off-road vehicle, engine, or
equipment family, as defined, to inform the applicant, in
writing, either that the application is complete and
accepted for filing, or that the application is
deficient, identifying the specific information required
to make the application complete.
2.Defines "Carryover vehicle, engine, or equipment family"
as an on-road or off-road vehicle, engine, or equipment
family whose application for certification differs from
the vehicle, engine, or equipment family certified in the
previous model year inmodel-year designation only.
3.Defines "Partial carryover vehicle, engine, or equipment
family" as an on-road or off-road vehicle, engine, or
equipment family that is certified to the same emission
standards and the same certification category as the
prior certified model year, if there has been no change
to the applicable emission standard and requirements,
including, but not limited to, durability and warranty
requirements, and no change in emissions performance from
changes to emission-related components, engine
configurations, calibrations, or designs, as determined
by the state board.
4.Authorizes ARB to adopt regulations that further define
"partial carryover vehicle, engine, or equipment family"
for different types of vehicles, engines, or equipment
families.
Comments
ARB's current certification process . In a letter dated
December 27, 2010, from ARB to Senator Dutton and Senator
Correa, ARB addressed specific questions regarding its
certification process. Some key points are worth
highlighting. The letter indicates that ARB received
approximately 9,000 certification applications between 2008
and 2010 and executive orders (EOs) were issued within 90
days for 96 percent of completed applications. A common
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reason why ARB is not able to act on an application within
90 days is that the applicant has not provided all of the
information necessary for ARB to complete its review. ARB
states, "In all instances, ARB staff continued to work with
the applicants until the applications were completed or
until the applicant chose not to further pursue an EO."
With regard to carryover and partial carryover
certification applications, ARB estimates that
approximately 15 percent of certifications are for
carryover vehicles, engines, or equipment and approximately
50 percent are for partial carryovers. An application for
a partial carryover takes approximately 50 percent less
time to process compared to an application for a new
product.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/26/11)
Californians for Enforcement Reform and Transparency
(source)
American Home Furnishing Alliance
Associated General Contractors of America
California Chapter of the American Fence Contractors
Association
California Dump Truck Owner Association
California Motorcycle Dealers Association
California Moving and Storage Association
California Retailers Association
Compliant Car Builders Association
Construction Industry Air Quality Association
Engineering Contractors Association
Flasher/Barricade Association
Independent Waste Oil Collectors and Transporters
Marine Builders Association
Moving and Storage Association
National Marine Manufacturers Association
Outdoor Power Equipment Institute
Southern California Contractors Association
GOVERNOR'S VETO MESSAGE:
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"I am returning Senate Bill 724 without my signature.
This bill would require the Air Resources Board (ARB)
to respond to an applicant in writing within 30
working days of receipt of a certification application
for a vehicle, engine, or equipment family regarding
the application's completeness and acceptance for
filing. If the ARB determines that the application is
not complete, ARB must specify in writing the
information required to make it complete.
The ARB's vehicle and equipment certification process
is intended to ensure that new vehicles, equipment,
and engines sold in California meet minimum emission
standards to protect air quality and public health.
Under the current certification process, the ARB works
closely with applicants to obtain the information
necessary to make an approval determination and issue
a certification for sale. In fact, ARB issues
approval determinations within 90 days for over 96
percent of applications once they are deemed complete.
Moreover, this bill could interfere with the iterative
information gathering application approval process,
thereby rushing the process and inadvertently allowing
vehicles with defective emission components on the
market. Finally, I would note that no real or
convincing evidence has been presented to me that
justifies a rigid, 30 day deadline for a written
response."
ASSEMBLY FLOOR : 76-0, 7/14/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
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Yamada, John A. Pérez
NO VOTE RECORDED: Beth Gaines, Garrick, Gorell, Mitchell
JJA:nl 1/4/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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