BILL NUMBER: SB 793	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to amend Section 43013 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 793, as introduced, Lara. Air pollution.
   Existing law requires the State Air Resources Board to adopt
standards and regulations for motor vehicles, off-road or nonvehicle
engine categories, and portable fuel containers and spouts, in order
to control the emissions of air contaminants.
   This bill would make nonsubstantive changes to these provisions.
   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 43013 of the Health and Safety Code is amended
to read:
   43013.  (a) The state board shall adopt and implement motor
vehicle emission standards, in-use performance standards, and motor
vehicle fuel specifications for the control of air contaminants and
sources of air pollution which the state board has found to be
necessary, cost effective, and technologically feasible, to carry out
the purposes of this division, unless preempted by federal law.
   (b) The state board shall, consistent with subdivision (a), adopt
standards and regulations for light-duty and heavy-duty motor
vehicles, medium-duty motor vehicles, as determined and specified by
the state board, portable fuel containers and spouts, and off-road or
nonvehicle engine categories, including, but not limited to,
off-highway motorcycles, off-highway vehicles, construction
equipment, farm equipment, utility engines, locomotives, and, to the
extent permitted by federal law, marine vessels.
   (c) Prior to adopting standards and regulations for farm
equipment, the state board shall hold a public hearing and find and
determine that the standards and regulations are necessary, cost
effective, and technologically feasible. The state board shall also
consider the technological effects of emission control standards on
the cost, fuel consumption, and performance characteristics of mobile
farm equipment.
   (d) Notwithstanding subdivision (b), the state board shall not
adopt any standard or regulation affecting locomotives until the
final study required under Section 5 of Chapter 1326 of the Statutes
of 1987 has been completed and submitted to the Governor and
Legislature.
   (e) Prior to adopting or amending any standard or regulation
relating to motor vehicle fuel specifications pursuant to this
section, the state board shall, after consultation with public or
private entities that would be significantly impacted as described in
paragraph (2) of subdivision (f), do both of the following:
   (1) Determine the cost-effectiveness of the adoption or amendment
of the standard or regulation. The cost-effectiveness shall be
compared on an incremental basis with other mobile source control
methods and options.
   (2) Based on a preponderance of scientific and engineering data in
the record, determine the technological feasibility of the adoption
or amendment of the standard or regulation. That determination shall
include, but is not limited to, the availability, effectiveness,
reliability, and safety expected of the proposed technology in an
application that is representative of the proposed use.
   (f) Prior to adopting or amending any motor vehicle fuel
specification pursuant to this section, the state board shall do both
of the following:
   (1) To the extent feasible, quantitatively document the
significant impacts of the proposed standard or specification on
affected segments of the state's economy. The economic analysis shall
include, but  is   need  not  be 
limited to, the significant impacts of any change on motor vehicle
fuel efficiency, the existing motor vehicle fuel distribution system,
the competitive position of the affected segment relative to border
states, and the cost to consumers.
   (2) Consult with public or private entities that would be
significantly impacted to identify those investigative or preventive
actions that may be necessary to ensure consumer acceptance, product
availability, acceptable performance, and equipment reliability. The
significantly impacted parties shall include, but  are
  need  not  be  limited to, fuel
manufacturers, fuel distributors, independent marketers, vehicle
manufacturers, and fuel users.
   (g) To the extent that there is any conflict between the
information required to be prepared by the state board pursuant to
subdivision (f) and information required to be prepared by the state
board pursuant to Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, the requirements
established under subdivision (f) shall prevail.
   (h) It is the intent of the Legislature that the state board act
as expeditiously as is feasible to reduce nitrogen oxide emissions
from diesel vehicles, marine vessels, and other categories of
vehicular and mobile sources  which   that 
significantly contribute to air pollution problems.