BILL ANALYSIS Ó
ACR 112
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ASSEMBLY THIRD READING
ACR
112 (Hadley)
As Amended May 5, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Natural |7-0 |Williams, Cristina | |
|Resources | |Garcia, Gomez, | |
| | |Hadley, McCarty, Mark | |
| | |Stone, Wood | |
| | | | |
| | | | |
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SUMMARY: Describes the events that led to the discovery of the
Volkswagen defeat devices. Declares that the Legislature thanks
the State Air Resources Board (ARB) for its exemplary work
uncovering the Volkswagen defeat devices. Declares the
Legislature's support for the increased use of real-world
emissions verification testing and enhanced penalty authority
for ARB to deter future efforts to circumvent emissions
standards.
EXISTING LAW:
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1)Declares that the Legislature finds emissions of air
pollutants from motor vehicles is the primary cause of air
pollution in many parts of the state.
2)Requires ARB to endeavor to achieve the maximum degree of
emission reductions possible from vehicular and other mobile
sources in order to achieve attainment of state ambient air
standards.
3)Requires ARB to adopt and implement emission standards for new
motor vehicles that ARB finds to be necessary and
technologically feasible.
4)Prohibits a new motor vehicle or new motor vehicle engine from
being certified by ARB, unless the vehicle or engine meets the
emission standards adopted by ARB.
5)Prohibits a new motor vehicle required to meet the emission
standards adopted by the state from being sold and registered
in this state unless the new motor vehicle manufacturer
permits ARB to conduct surveillance testing of emissions of
new motor vehicles.
6)Requires ARB to establish criteria for the evaluation of the
effectiveness of motor vehicle pollution control devices.
7)Prohibits a person from installing, selling, or offering for
sale any device, apparatus, or mechanism intended for use
with, or as a part of, a required motor vehicle pollution
control device or system that alters or modifies the original
design or performance of the motor vehicle pollution control
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device or system.
8)Establishes civil penalties for violations of new motor
vehicle emission standards or altering or modifying the motor
vehicle pollution control device.
FISCAL EFFECT: None
COMMENTS: New motor vehicles and engines must be certified by
ARB for emission compliance before they are legal for sale, use,
or registration in California. New motor vehicles are subject
to emission tests to verify that compliance. According to a
Volkswagen PowerPoint that was discovered as part of the defeat
device investigation, 10 years ago Volkswagen engineers realized
that the emissions control equipment installed in their diesel
engines did not have the durability to meet the federal and
California's emissions standards. Durable and effective
emissions control equipment would have cost Volkswagen hundreds
of dollars more per vehicle and would have increased the sticker
price to consumers. Instead of pursuing the more expensive
emission control equipment, Volkswagen developed software, known
as a defeat device, that could detect when the vehicle was being
put through an emission test and activate the emissions control
equipment only for the purposes of passing the test. This would
extend the life of the emissions control equipment and allow
Volkswagen to appear to be in compliance with federal and
California emissions standards. However, when not being tested,
the vehicles were emitting up to 40 times the legal limit.
The events that lead to the discovery of Volkswagen's defeat
device began when the Center for Alternative Fuels, Engines and
Emissions at West Virginia University was attempting to
understand the difference between vehicle emissions in
real-world conditions and lab performance in both America and
Europe. The real-world emissions of a Volkswagen Passat and
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Jetta were much higher than the lab tests at ARB's El Monte lab.
This prompted ARB to open an investigation on the discrepancy.
Eventually, Volkswagen's engineers admitted they were using
defeat devices to ARB.
Volkswagen is now subject to both federal and state
investigations and enforcement actions. In addition, there have
been various lawsuits against the company. On April 21, 2016,
several parties to the various lawsuits stated in federal court
they have reached an agreement in principle to address
approximately 480,000 of 2.0 liter engine vehicles that had
defeat devices. The settlement would give consumers several
options to return their vehicles or have their vehicles
modified. The settlement will also deal with compensation for
consumers and how to remediate excess emissions. Details of the
settlement are currently being worked out.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0002897