Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1314

Introduced by Assembly Member Bloom

February 22, 2013

An act begin insert to add Section 44013.6 to the Health and Safety Code, and to amend Section 34501.12 of, to add Article 6.7 (commencing with Section 4790) to Chapter 1 of Division 3 of, and to add Division 16.4 (commencing with Section 37000) to, the Vehicle Code, end insert relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1314, as amended, Bloom. Vehicles: compressed natural begin delete gas. end delete begin insert gas vehicles: inspections. end insert

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing law authorizes the Commissioner of end insert begin insert the California Highway Patrol to adopt and enforce regulations and standards with respect to fuel containers and fuel systems on vehicles using, among other fuels, compressed natural gas and the operation of vehicles using compressed natural gas to ensure the safety of the equipment and vehicles and of persons and property using the highways. end insert begin insert Existing end insert law requires all motor vehicles with compressed natural gas fuel systems used for propulsion to comply either with specified regulations or with certain federal standards.

begin insert

This bill would, notwithstanding any other law, require that a cylinder and tank bracket inspection be conducted on all motor vehicles with a compressed natural gas fuel system every 3 years by an independent qualified compressed natural gas cylinder inspector, except as provided, and that the cylinder be replaced on these vehicles before the manufacturer expiration date marked on the cylinder. The bill would require a qualified compressed natural gas cylinder inspector to report his or her findings to the Department of Motor Vehicles, as specified. The bill would prohibit any person from conducting the inspections or performing the reporting requirements described above unless the person is a qualified compressed natural gas inspector. The bill would establish requirements for the qualification and registration of qualified natural gas cylinder inspectors.

end insert begin insert

(2) Existing law establishes a motor vehicle inspection and maintenance program, commonly known as the smog check program, enforced by the Bureau of Automotive Repair in the Department of Consumer Affairs which provides for the inspection of all motor vehicles, except those specifically exempted from the program, upon registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Under existing law, this program includes the establishment and operation of smog check stations, and the department is required to establish training requirements for smog check technicians. Existing law requires the Department of Motor Vehicles (DMV) to require, upon initial registration, and, except as specified, upon transfer of ownership and registration, of a motor vehicle, and upon registration of a motor vehicle previously registered outside this state that is subject to those provisions, a valid certificate of compliance or a certificate of noncompliance, as appropriate, with respect to smog certification.

end insert begin insert

This bill would require a smog check technician, when inspecting a motor vehicle with a compressed natural gas fuel system, to locate and report the manufacturer expiration date marked on the vehicle’s cylinder to the Department of Motor Vehicles in a manner to be determined by the department. The bill would also require the department to refuse to renew the registration of a motor vehicle with a compressed natural gas fuel system if the department has not received an inspection report confirming that the vehicle has received a cylinder and tank bracket inspection in the last 3 years or if the cylinder attributed to the vehicle is past the expiration date on record with the department.

end insert begin insert

(3) Existing law, the Biennial Inspection of Terminals (BIT) Program, generally requires the Department of the California Highway Patrol to periodically inspect every terminal of a motor carrier, as defined, that operates certain vehicles. The program requires the motor carrier to provide the department with all maintenance records, as defined, during the inspection.

end insert begin insert

This bill would require a motor carrier subject to the cylinder and tank bracket inspections and cylinder replacement requirements described above to include all records pertaining to the inspections and replacements with the maintenance records provided to the department in compliance with the BIT Program. This bill would also make conforming changes.

end insert begin delete

This bill would declare the intent of the Legislature to enact legislation to ensure the reliability and safety of compressed natural gas vehicles by addressing the inspection of cylinders and tank brackets on these vehicles.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44013.6 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 44013.6. end insert   

When inspecting a motor vehicle with a compressed
natural gas fuel system pursuant to this chapter, a smog check
technician shall locate and report the manufacturer expiration
date marked on the vehicle’s cylinder to the Department of Motor
Vehicles in a manner to be determined by the department,
including, but not limited to, entering the cylinder expiration date
in a database maintained by the department.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 6.7 (commencing with Section 4790) is added
to Chapter 1 of Division 3 of the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 6.7. end insert   Refusal of Registration for Compressed Natural
Gas Vehicles

 

begin insert 4790. end insert   

(a) Except as provided in subdivision (b), the department
shall refuse to renew the registration of a motor vehicle with a
compressed natural gas fuel system if any of the following apply:

(1) The department has not received an inspection report
confirming that the vehicle has received a cylinder and tank bracket
inspection in the last three years pursuant to Section 37001.

(2) The cylinder attributed to the vehicle is past the expiration
date on record with the department pursuant to Section 44013.6
of the Health and Safety Code.

(b) The department shall renew the registration of a vehicle if
the department receives documentation from a qualified
compressed natural gas cylinder inspector that the vehicle has
received a cylinder and tank bracket inspection in the last three
years or from the applicant showing that the expired cylinder has
been replaced.

begin insert 4791. end insert   

The department shall include on each vehicle registration
renewal notice issued for a compressed natural gas motor vehicle
for use at the time of renewal, or on an accompanying document,
a statement informing the registered owner or lessee that a cylinder
and tank bracket inspection must be performed on the vehicle or
that a cylinder is set to expire and must be replaced before the
motor vehicle’s registration may be renewed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 34501.12 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

34501.12.  

(a) Notwithstanding Section 408, as used in this
section and Sections 34505.5 and 34505.6, “motor carrier” means
the registered owner of a vehicle described in subdivision (a), (b),
(e), (f), or (g) of Section 34500, except in the following
circumstances:

(1) The registered owner leases the vehicle to another person
for a term of more than four months. If the lease is for more than
four months, the lessee is the motor carrier.

(2) The registered owner operates the vehicle exclusively under
the authority and direction of another person. If the operation is
exclusively under the authority and direction of another person,
that other person may assume the responsibilities as the motor
carrier. If not so assumed, the registered owner is the motor carrier.
A person who assumes the motor carrier responsibilities of another
pursuant to subdivision (b) shall provide to that other person whose
motor carrier responsibility is so assumed, a completed copy of a
departmental form documenting that assumption, stating the period
for which responsibility is assumed, and signed by an agent of the
assuming person. A legible copy shall be carried in each vehicle
or combination of vehicles operated on the highway during the
period for which responsibility is assumed. That copy shall be
presented upon request by an authorized employee of the
department. The original completed departmental form
documenting the assumption shall be provided to the department
within 30 days of the assumption. If the assumption of
responsibility is terminated, the person who had assumed
responsibility shall so notify the department in writing within 30
days of the termination.

(b) (1) A motor carrier may combine two or more terminals
that are not subject to an unsatisfactory compliance rating within
the last 36 months for purposes of the inspection required by
subdivision (d), subject to all of the following conditions:

(A) The carrier identifies to the department, in writing, each
terminal proposed to be included in the combination of terminals
for purposes of this subdivision prior to an inspection of the
designated terminal pursuant to subdivision (d).

(B) The carrier provides the department, prior to the inspection
of the designated terminal pursuant to subdivision (d), a written
listing of all its vehicles of a type subject to subdivision (a), (b),
(e), (f), or (g) of Section 34500 that are based at each of the
terminals combined for purposes of this subdivision. The listing
shall specify the number of vehicles of each type at each terminal.

(C) The carrier provides to the department at the designated
terminal during the inspection all maintenance records and driver
records and a representative sample of vehicles based at each of
the terminals included within the combination of terminals.

(2) If the carrier fails to provide the maintenance records, driver
records, and representative sample of vehicles pursuant to
subparagraph (C) of paragraph (1), the department shall assign the
carrier an unsatisfactory terminal rating and require a reinspection
to be conducted pursuant to subdivision (h).

(3) For purposes of this subdivision, the following terms have
the following meanings:

(A) “Driver records” includes pull notice system records, driver
proficiency records, and driver timekeeping records.

(B) “Maintenance records” includes all required maintenance,
lubrication, and repair records and drivers’ daily vehicle condition
reports. begin insert “Maintenance records” also includes records of
inspections and cylinder replacements conducted on compressed
natural gas vehicles pursuant to Section 37003. end insert

(C) “Representative sample” means the following, applied
separately to the carrier’s fleet of motortrucks and truck tractors
and its fleet of trailers:

 

Fleet Size	Representative Sample
1 or 2	All
3 to 8	3
9 to 15	4
16 to 25	6
26 to 50	9
51 to 90	14
91 or more	20

 

(c) Each motor carrier who, in this state, directs the operation
of, or maintains, a vehicle of a type described in subdivision (a)
shall designate one or more terminals, as defined in Section 34515,
in this state where vehicles can be inspected by the department
pursuant to paragraph (4) of subdivision (a) of Section 34501 and
where vehicle inspection and maintenance records and driver
records will be made available for inspection.

(d) (1) The department shall inspect, at least every 25 months,
every terminal, as defined in Section 34515, of a motor carrier
who, at any time, operates a vehicle described in subdivision (a).

(2) The department shall place an inspection priority on those
terminals operating vehicles listed in subdivision (g) of Section
34500.

(3) As used in this section and in Sections 34505.5 and 34505.6,
subdivision (f) of Section 34500 includes only those combinations
where the gross vehicle weight rating (GVWR) of the towing
vehicle exceeds 10,000 pounds, but does not include a pickup
truck, and subdivision (g) of Section 34500 includes only those
vehicles transporting hazardous material for which the display of
placards is required pursuant to Section 27903, a license is required
pursuant to Section 32000.5, or for which hazardous waste
transporter registration is required pursuant to Section 25163 of
the Health and Safety Code. Historical vehicles, as described in
Section 5004, vehicles that display special identification plates in
accordance with Section 5011, implements of husbandry and farm
vehicles, as defined in Chapter 1 (commencing with Section 36000)
of Division 16, and vehicles owned or operated by an agency of
the federal government are not subject to this section or to Sections
34505.5 and 34505.6.

(e) (1) It is the responsibility of the motor carrier to schedule
with the department the inspection required by subdivision (d).
The motor carrier shall submit an application form supplied by the
department, accompanied by the required fee contained in
paragraph (2), for each terminal the motor carrier operates. This
fee shall be submitted within 30 days of establishing a terminal.
All fees submitted under paragraph (2) are nonrefundable.

(2) (A) The fee for each terminal is set forth in the following
table:

 

Terminal fleet size	Required fee per terminal
1	$ 270
2	$ 375
3 to 8	$ 510
9 to 15	$ 615
16 to 25	$ 800
26 to 50	$1,040
51 to 90	$1,165
91 or more	$1,870

 

(B) In addition to the fee specified in subparagraph (A), the
motor carrier shall submit an additional fee of three hundred fifty
dollars ($350) for each of its terminals not previously inspected
under the section.

(3) Except as provided in paragraph (5), the inspection term for
each inspected terminal of a motor carrier shall expire 25 months
from the date the terminal receives a satisfactory compliance rating,
as specified in subdivision (h). Applications and fees for subsequent
inspections shall be submitted not earlier than nine months and
not later than seven months before the expiration of the motor
carrier’s then current inspection term. If the motor carrier has
submitted the inspection application and the required
accompanying fees, but the department is unable to complete the
inspection within the 25-month inspection period, then no
additional fee shall be required for the inspection requested in the
original application.

(4) All fees collected pursuant to this subdivision shall be
deposited in the Motor Vehicle Account in the State Transportation
Fund. An amount equal to the fees collected shall be available for
appropriation by the Legislature from the Motor Vehicle Account
to the department for the purpose of conducting truck terminal
inspections and for the additional roadside safety inspections
required by Section 34514.

(5) To avoid the scheduling of a renewal terminal inspection
pursuant to this section during a carrier’s seasonal peak business
periods, the current inspection term of a terminal that has paid all
required fees and has been rated satisfactory in its last inspection
may be reduced by not more than nine months if a written request
is submitted by the carrier to the department at least four months
prior to the desired inspection month, or at the time of payment of
renewal inspection fees in compliance with paragraph (3),
whichever date is earlier. A motor carrier may request this
adjustment of the inspection term during any inspection cycle. A
request made pursuant to this paragraph shall not result in a fee
proration and does not relieve the carrier from the requirements
of paragraph (3).

(6) Failure to pay a fee required by this section, within the
appropriate timeframe, shall result in additional delinquent fees
as follows:

(A) For a delinquency period of more than 30 days, the penalty
is 60 percent of the required fee.

(B) For a delinquency period of one to two years, the penalty
is 80 percent of the required fee.

(C) For a delinquency period of more than two years, the penalty
is 160 percent of the required fee.

(7) Federal, state, and local public entities are exempt from the
fee requirement of this section.

(f) It is unlawful for a motor carrier to operate a vehicle subject
to this section without having submitted an inspection application
and the required fees to the department as required by subdivision
(e) or (h).

(g) (1) It is unlawful for a motor carrier to operate a vehicle
subject to this section after submitting an inspection application
to the department, without the inspection described in subdivision
(d) having been performed and a safety compliance report having
been issued to the motor carrier within the 25-month inspection
period or within 60 days immediately preceding the inspection
period.

(2) It is unlawful for a motor carrier to contract or subcontract
with, or otherwise engage the services of, another motor carrier,
subject to this section, unless the contracted motor carrier has
complied with this section. A motor carrier shall not contract or
subcontract with, or otherwise engage the services of, another
motor carrier until the contracted motor carrier provides
certification of compliance with this section. This certification
shall be completed in writing by the contracted motor carrier. The
certification, or a copy thereof, shall be maintained by each
involved party for the duration of the contract or the period of
service plus two years, and shall be presented for inspection
immediately upon the request of an authorized employee of the
department.

(h) (1) An inspected terminal that receives an unsatisfactory
compliance rating shall be reinspected within 120 days after the
issuance of the unsatisfactory compliance rating.

(2) A terminal’s first required reinspection under this subdivision
shall be without charge unless one or more of the following is
established:

(A) The motor carrier’s operation presented an imminent danger
to public safety.

(B) The motor carrier was not in compliance with the
requirement to enroll all drivers in the pull notice program pursuant
to Section 1808.1.

(C) The motor carrier failed to provide all required records and
vehicles for a consolidated inspection pursuant to subdivision (b).

(3) If the unsatisfactory rating was assigned for any of the
reasons set forth in paragraph (2), the carrier shall submit the
required fee as provided in paragraph (4).

(4) Applications for reinspection pursuant to paragraph (3) or
for second and subsequent consecutive reinspections under this
subdivision shall be accompanied by the fee specified in paragraph
(2) of subdivision (e) and shall be filed within 60 days of issuance
of the unsatisfactory compliance rating. The reinspection fee is
nonrefundable.

(5) When a motor carrier’s Motor Carrier of Property Permit or
Public Utilities Commission operating authority is suspended as
a result of an unsatisfactory compliance rating, the department
shall not conduct a reinspection for permit or authority
reinstatement until requested to do so by the Department of Motor
Vehicles or the Public Utilities Commission, as appropriate.

(i) It is the intent of the Legislature that the department make
its best efforts to inspect terminals within the resources provided.
In the interest of the state, the Commissioner of the California
Highway Patrol may extend for a period, not to exceed six months,
the inspection terms beginning prior to July 1, 1990.

(j) Except as provided in paragraph (5), to encourage motor
carriers to attain continuous satisfactory compliance ratings, the
department may establish and implement an incentive program
consisting of the following:

(1) After the second consecutive satisfactory compliance rating
assigned to a motor carrier terminal as a result of an inspection
conducted pursuant to subdivision (d), and after each consecutive
satisfactory compliance rating thereafter, an appropriate certificate,
denoting the number of consecutive satisfactory ratings, shall be
awarded to the terminal, unless the terminal has received an
unsatisfactory compliance rating as a result of an inspection
conducted in the interim between the consecutive inspections
conducted under subdivision (d), or the motor carrier is rated
unsatisfactory by the department following a controlled substances
and alcohol testing program inspection. The certificate authorized
under this paragraph shall not be awarded for performance in the
administrative review authorized under paragraph (2). However,
the certificate shall include a reference to any administrative
reviews conducted during the period of consecutive satisfactory
compliance ratings.

(2) Unless the department’s evaluation of the motor carrier’s
safety record indicates a declining level of compliance, a terminal
that has attained two consecutive satisfactory compliance ratings
assigned following inspections conducted pursuant to subdivision
(d) is eligible for an administrative review in lieu of the next
required inspection, unless the terminal has received an
unsatisfactory compliance rating as a result of an inspection
conducted in the interim between the consecutive inspections
conducted under subdivision (d). An administrative review shall
consist of all of the following:

(A) A signed request by a terminal management representative
requesting the administrative review in lieu of the required
inspection containing a promise to continue to maintain a
satisfactory level of compliance for the next 25-month inspection
term.

(B) A review with a terminal management representative of the
carrier’s record as contained in the department’s files. If a terminal
has been authorized a second consecutive administrative review,
the review required under this subparagraph is optional, and may
be omitted at the carrier’s request.

(C) Absent any cogent reasons to the contrary, upon completion
of the requirements of subparagraphs (A) and (B), the safety
compliance rating assigned during the last required inspection shall
be extended for 25 months.

(3) Not more than two administrative reviews may be conducted
consecutively. At the completion of the 25-month inspection term
following a second administrative review, a terminal inspection
shall be conducted pursuant to subdivision (d). If this inspection
results in a satisfactory compliance rating, the terminal shall again
be eligible for an administrative review in lieu of the next required
inspection. If the succession of satisfactory ratings is interrupted
by a rating of other than satisfactory, irrespective of the reason for
the inspection, the terminal shall again attain two consecutive
satisfactory ratings to become eligible for an administrative review.

(4) As a condition for receiving the administrative reviews
authorized under this subdivision in lieu of inspections, and in
order to ensure that compliance levels remain satisfactory, the
motor carrier shall agree to accept random, unannounced
inspections by the department.

(5) Notwithstanding paragraphs (1) to (4), inclusive, a motor
carrier of hazardous materials shall not be granted administrative
review pursuant to this subdivision in lieu of a terminal inspection
pursuant to subdivision (d) at any terminal from which hazardous
materials carrying vehicles identified by paragraph (3) of
subdivision (d) are operated.

(k) This section shall be known and may be cited as the Biennial
Inspection of Terminals Program or BIT.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Division 16.4 (commencing with Section 37000) is
added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Division  begin insert 16.4. end insert   Compressed Natural Gas Cylinder
Safety Requirements

 

begin insert 37000. end insert   

Notwithstanding any other law, all motor vehicles with
a compressed natural gas fuel system used for propulsion shall
comply with both of the following:

(a) Except as provided in subparagraphs (1) and (2), the
cylinder and tank bracket shall be inspected once every three years
by an independent qualified compressed natural gas cylinder
inspector.

(1) The owner or personnel of an owner of a smog check station
may conduct the cylinder and tank bracket inspections concurrently
with a motor vehicle inspection pursuant to Chapter 5
(commencing with Section 44000) of Part 5 of Division 26 of the
Health and Safety Code if the owner or personnel of the owner of
the smog check station is a qualified natural gas cylinder inspector.

(2) The owner or personnel of an owner of a fleet of 10 or more
motor vehicles subject to this division may conduct the cylinder
and tank bracket inspections for the fleet if the owner or personnel
is a qualified compressed natural gas cylinder inspector.

(b) The cylinder shall be replaced on or before the manufacturer
expiration date marked on the cylinder.

begin insert 37001. end insert   

Upon conducting an inspection required by Section
37000, a qualified compressed natural gas cylinder inspector shall
submit a report of his or her findings to the Department of Motor
Vehicles in a manner to be determined by the department,
including, but not limited to, a centralized computer database.

begin insert 37002. end insert   

(a) A person shall not conduct inspections or fulfill
reporting requirements required by this division for compensation
unless the person is a qualified compressed natural gas cylinder
inspector.

(b) A compressed natural gas cylinder inspector shall not
conduct the inspections or fulfill the reporting requirements
required by this division for compensation unless he or she is
qualified by, and registered with, the Bureau of Automotive Repair
within the Department of Consumer Affairs.

(c) A compressed natural gas cylinder inspector shall receive
approval to conduct cylinder and tank bracket inspections from a
manufacturer approved by the department or obtain national
certification by CSA Group in order to be qualified by the bureau.
Proof of approval or certification must be provided to the bureau
with registration forms prescribed by the department.

(d) Upon receipt of the form and proof of approval or
certification, the department shall issue the registration to the
compressed natural gas cylinder inspector.

(e) The Director of Consumer Affairs may adopt and enforce
those rules and regulations that he or she determines are
reasonably necessary to carry out the purposes of this section.

begin insert 37003. end insert   

A motor carrier, as defined in subdivision (a) of Section
34501.12, subject to this division shall include all records
pertaining to cylinder and tank bracket inspections and cylinder
replacements in the maintenance records provided to the
Department of the California Highway Patrol in compliance with
the Biennial Inspection of Terminals (BIT) Program pursuant to
Section 34501.12.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to ensure the reliability and safety of compressed natural
gas vehicles by addressing the inspection of cylinders and tank
brackets on these vehicles.

end delete