BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       ACR 112|
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                                    THIRD READING 


          Bill No:  ACR 112
          Author:   Hadley (R), et al.
          Amended:  6/6/16 in Assembly
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 6/29/16
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

          ASSEMBLY FLOOR:  Read and adopted, 6/6/16

           SUBJECT:   State Air Resources Board


          SOURCE:    Author

          DIGEST:   This resolution outlines the events that led to the  
          discovery of the Volkswagen (VW) defeat devices, and declares  
          that the Legislature thanks the State Air Resources Board (ARB)  
          for its exemplary role in uncovering the defeat devices.  This  
          resolution 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.


          ANALYSIS:


          Existing law: 


          1)Authorizes, under the federal Clean Air Act, the United States  
            Environmental Protection Agency (US EPA) to establish and  
            regulate emissions standards for mobile sources, including  
            vehicle emission limits for hydrocarbons, carbon monoxide,  








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            nitrogen oxides, and particulates.


            US EPA regulations require that, prior to introducing a vehicle  
            for sale in the US, manufacturers obtain a certificate of  
            conformity (COC). Certification requires manufacturers to  
            demonstrate that the vehicle meets emissions standards. The COC  
            application is required to list and justify all "defeat  
            devices."


          2)Defines, pursuant to the Clean Air Act, a defeat device as "an  
            auxiliary emission control device (AECD) that reduces the  
            effectiveness of the emission control system under conditions  
            which may reasonably be expected to be encountered in normal  
            vehicle operation and use." A manufacturer may equip a vehicle  
            with a defeat device if it can justify the need for it in terms  
            of preventing damage or accident, the AECD does not go beyond  
            the requirements of engine starting, and the manufacturer  
            discloses this information in its application to US EPA for its  
            COC.


          3)Provides, pursuant to federal law, that violators be subject to  
            civil penalties up to $37,500 per non-compliant vehicle or  
            engine, $3,750 per tampering event or sale of defeat device,  
            and $37,500 per day for reporting and recordkeeping violations.


          4)Authorizes, pursuant to the Clean Air Act, California to  
            implement separate mobile emission standards from the federal  
            government. Other states may choose to follow either the  
            national standard or the stricter California standards.


          5)Assigns, under state law, ARB with primary responsibility for  
            controlling mobile-source air pollution, including adoption of  
            rules for reducing vehicle emissions and the specification of  
            vehicular fuel composition. (Health and Safety Code §43013)


          6)Requires that persons who violate any ARB order, rule, or  








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            regulation, where there is not a penalty described for the  
            specific violation, shall be subject to a civil penalty not to  
            exceed $500 per vehicle, portable fuel container, spout,  
            engine, or other unit subject to regulation and that the  
            penalty be collected by the State Treasurer and deposited into  
            the Air Pollution Control Fund. (HSC §43016)


          7)Prohibits new vehicles from being sold in California that do  
            not meet the emissions standard adopted by ARB, and provides  
            penalties of $5,000 per action, for manufacturers who sell,  
            attempt to sell, or offer for sale, a new vehicle that does not  
            meet ARB emission standards. (HSC §43211)


          8)Provides that manufacturers or distributors who do not comply  
            with emission standards or test procedures adopted by ARB may  
            be subject to civil penalties of $50 per vehicle that is not in  
            compliance and that no further sales of the vehicles can take  
            place until the penalty is paid. (HSC §43212)


          This resolution:


          1)Makes various findings relating to ARB's role in the detection  
            of VW's defeat devices and subsequent oversight leading up to  
            the company's admissions of wrong-doing and ARB's refusal to  
            certify emissions compliance of affected 2016 diesel models.


          2)Acknowledges, praises, and thanks ARB for its diligence and  
            dedication to preserving state air quality and uncovering VW's  
            defeat devices.


          3)Supports ARB increasing its use of real-world emissions  
            testing, and enhanced authority by ARB for appropriate  
            penalties to deter further efforts to circumvent emissions  
            standards.










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          Background


          1)Federal and state air quality laws. The federal Clean Air Act  
            and its implementing regulations are intended to protect public  
            health and environmental quality by limiting and reducing  
            pollution from various sources. Under the Clean Air Act, the US  
            EPA establishes National Ambient Air Quality Standards (NAAQS)  
            that apply to outdoor air throughout the country.  These  
            federal standards exist for several air pollutants due to their  
            negative impact on public health when above specified  
            thresholds, including ozone, particulate matter (PM), nitrogen  
            oxides (NOx), sulfur oxides, carbon monoxide, and lead. US EPA  
            reviews each NAAQS at five-year intervals to ensure that the  
            standards are based on the most recent scientific information.


            Regions that do not meet the national standards for any one of  
            the standards are designated nonattainment areas.  The Clean  
            Air Act sets deadlines for attainment based on the severity of  
            nonattainment and requires states to develop comprehensive  
            plans, known as the state implementation plan, to attain and  
            maintain air-quality standards for each area designated  
            nonattainment for an NAAQS.


            California has some of the most severe air pollution problems  
            in the country.  In particular, the South Coast and San Joaquin  
            air basins, which contain over half of the state's population,  
            are extreme nonattainment regions (the highest degree of  
            severity) for ozone pollution and are both nonattainment  
            regions for PM.


          2)Why transportation emissions standards matter.  Nationally and  
            statewide, the transportation sector is responsible for a major  
            fraction of air pollution, especially NOx (including NO and  
            NO2), which contributes to both ozone and PM formation.  People  
            who live and work in closer proximity to roadways are  
            especially exposed to and impacted by this pollution.  
            Nationwide, approximately 16% of U.S. housing units (including  
            48 million people) are located within 300 ft. of a major  








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            highway, railroad, or airport, and the affected population is  
            disproportionately economically disadvantaged and non-white.


            Ground-level ozone (or tropospheric ozone) is a primary  
            component of smog and is formed from the reaction of NOx with  
            volatile organic compounds in sunlight. Ozone has a number of  
            negative health effects including irritated respiratory system,  
            reduced lung function, aggravated asthma, and inflammation and  
            damage of the lining of the lungs.  Active children are at  
            highest risk from ozone exposure.


            PM can be directly emitted or can be formed in the atmosphere  
            when gaseous pollutants such as sulfur dioxide and NOx react to  
            form fine particles.  Very fine PM is particularly dangerous  
            since it burrows deep into the lungs where it can enter the  
            bloodstream and harm the heart and other organs. Fine  
            particulate pollution poses an especially critical health  
            danger for children, the elderly, and people with existing  
            health problems.  Exposure to PM 2.5 (i.e., particles or  
            droplets that are 2.5 ?m or less in diameter) is also linked to  
            cardiovascular disease.  A 2010 ARB analysis based on  
            scientific assessments by US EPA reported that approximately  
            9,000 people in California are estimated to die prematurely  
            each year as a result of exposure to fine particle pollution.


            In addition, the specialized cancer agency of the World Health  
            Organization, the International Agency for Research on Cancer,  
            classified outdoor air pollution, and PM as a major component  
            of outdoor air pollution, as carcinogenic to humans. 


          3)US EPA and ARB vehicle testing requirements.  To address  
            transportation sector emissions, the federal Clean Air Act  
            authorizes the US EPA to establish and regulate standards for  
            hydrocarbons, carbon monoxide, NOx, and PM from mobile sources  
            of pollution.  Because of its pre-existing vehicle-emission  
            standards and motor vehicle air pollution problems, California  
            is also authorized under the Clean Air Act to implement  
            separate stricter state mobile emission standards.  State law  








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            assigns ARB with primary responsibility for control of  
            mobile-source air pollution.  Both US EPA and ARB regulations  
            require that, prior to introducing a vehicle for sale, a  
            manufacturer must demonstrate that the vehicle meets certain  
            federal and state emissions standards. In particular,  
            manufacturers must demonstrate that its vehicle's exhaust and  
            emission-control systems are durable and comply with the  
            emission standards for the vehicle's useful life.  Only after  
            going through this "certification of conformity" (COC) process  
            are vehicles legal for sale. Manufacturers that fail to comply  
            are subject to civil penalties and other enforcement actions.   
            The current maximum federal penalty for violating the Clean Air  
            Act through the sale of new vehicles without a valid COC is  
            $37,500 per violation.


            In California, applications for certification must be  
            concurrently submitted to and approved by both the ARB and US  
            EPA.  By obtaining and testing a limited sample of vehicles  
            from a test group or engine family, and attempting to duplicate  
            the manufacturers' vehicle emissions certification tests, ARB's  
            In-Use Compliance Program aims to ensure that manufacturers'  
            vehicles meet emissions standards throughout their useful  
            lives.


          4)The Volkswagen case and its lessons.  As detailed in the  
            background paper of the Joint Oversight Hearing by the Senate  
            Transportation and Housing and Environmental Quality Committees  
            (Volkswagen's "Defeat Device:" Update and Implications for  
            California, March 8, 2016), a 2014 study by researchers at the  
            Center for Alternative Fuels, Engines and Emissions at West  
            Virginia University, followed by an expanded 2015 investigation  
            by ARB and US EPA of discrepancies between emissions during  
            stationary tests and while driving, led to admission by VW that  
            several of their "clean diesel" engines had been designed with  
            software-based defeat devices to bypass key elements of the  
            emissions control systems.  As a result, these vehicles were  
            able to pass emissions tests despite exceeding federal  
            emissions standards by up to 40 times.  According to vehicle  
            sales data, there are estimated to be 617,000 of these vehicles  
            nationally, 79,400 of which are in California.








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            During the hearing, Members of the Senate Committees expressed  
            the need for stronger state penalties to discourage further  
            non-compliance by automobile manufacturers, particularly given  
            that federal penalties are substantially higher and that state  
            penalties in California were set in 1974 and have not been  
            indexed to inflation.  Members suggested that existing ARB  
            penalties do not provide sufficient deterrent, particularly for  
            egregious actions to circumvent emissions requirements, such as  
            with VW.


            Federal and state investigations of VW continue, with the  
            strong likelihood of additional enforcement actions. In  
            addition, there are many individual and class action lawsuits  
            against the company. On April 21, 2016, several parties to  
            various lawsuits stated in federal court they have reached an  
            agreement in principle to address approximately 480,000 of the  
            2.0 liter engine vehicles with defeat devices.  Details of the  
            settlement are currently being worked out, but it appears to  
            provide 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.


          Comments


          1)Purpose of bill.  According to the author, "the ARB was the  
            regulatory body that distinguished itself in uncovering VW's  
            malfeasance. ACR 112 is meant to show the Legislature is  
            open-minded in overseeing the agency. After all, you're only  
            credible if you are fair-minded enough to acknowledge good work  
            when it's done."


          2)Legislative versus ARB authority? The language of ACR 112 can  
            be seen to suggest that ARB has the authority to enhance its  
            penalties for emissions cheaters, but maximum penalties are  
            specified by the Legislature in statute. AB 1685 (Gomez, 2016),  








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            which is currently working its way through the Senate, proposes  
            to increase the specified maximum state penalties for such  
            emissions violations to the level of federal penalties, with  
            periodic increases scaled to inflation thereafter.


            Similarly, ACR 112 states that it supports the ARB in increased  
            use of real-world emissions testing. Because such testing is  
            more difficult and costly than conventional testing, however,  
            ARB may need additional budgetary support to significantly  
            expand their real-world testing program.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified  7/7/16)


          Professional Engineers in California Government 


          OPPOSITION:   (Verified  7/7/16)


          None received


          Prepared by:Dan Brumbaugh / E.Q. / (916) 651-4108
          7/29/16 10:50:13


                                    ****  END  ***


          











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