BILL NUMBER: AB 1685 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gomez
JANUARY 20, 2016
An act to amend Sections 43016, 43151, 43154, 43211, and
43212 of, and add Section 43214 to, the Health and Safety Code,
relating to vehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1685, as amended, Gomez. New motor vehicles: emission
standards: Vehicular air pollution: civil
penalties.
Existing
(1 ) Existing law
requires the State Air Resources Board to adopt and implement
standards for the control of emissions from new motor vehicles that
the state board finds to be necessary and technologically feasible.
Existing law prohibits a new motor vehicle from being sold in the
state that does not meet the emissions standards adopted by the state
board. Existing law provides that a person who violates
specified vehicular air pollution statutes or specified orders,
rules, or regulations of the state board is subject to a civil
penalty up to $500 per vehicle. Existing law provides that any
manufacturer who sells, attempts to sell, or causes to be offered for
sale a new motor vehicle that fails to meet the applicable emission
standards shall be subject to a civil penalty of $5,000 for
each such per action. Existing law provid
es that a manufacturer or distributor who does not comply
with the emission standards or the test procedures adopted by the
state board is subject to a civil penalty of $50 per vehicle.
This bill would increase those penalties to $37,500 per action or
vehicle. The bill would require the state board to adjust those
penalties for inflation, as specified. The bill would require that
the payment of a penalty for the violation of specified vehicular air
pollution statutes or specified orders, rules, or regulations of the
state board be a condition for the continued sale of products that
are subject to regulation by the state board. The bill would exempt
these provisions from the Administrative Procedure Act.
This bill would authorize the state board to order a manufacturer
of new motor vehicles to bring the vehicles into compliance with the
emissions configuration they were certified to meet. The bill would
require the manufacturer to be in compliance with the state board's
order as a condition for the continued sale of motor vehicles in the
state.
(2) Existing law prohibits a person who is a state resident or who
operates an established place of business within the state from
importing, delivering, purchasing, renting, leasing, acquiring, or
receiving a new motor vehicle, new motor vehicle engine, or motor
vehicle with a new motor vehicle engine for use, registration, or
resale in the state unless the motor vehicle engine or new motor
vehicle has been certified to meet specified emissions standards.
Existing law provides that a person who violates specified provisions
relating to transactions of new motor vehicles or new motor vehicle
engines is subject to a civil penalty of up to $5,000 per vehicle.
This bill instead would prohibit any person from advertising,
introducing into commerce, importing, delivering, purchasing,
renting, leasing, acquiring, or receiving a new motor vehicle, new
motor vehicle engine, or motor vehicle with a new motor vehicle
engine for use, registration, or resale in the state unless the motor
vehicle engine or new motor vehicle has been certified to meet those
specified emissions standards.
This bill would increase the civil penalty to $37,500 per action
for violating those specified provisions relating to transactions of
new motor vehicles or new motor vehicle engines. The bill would
require the state board to adjust that penalty for inflation, as
specified. The bill would require that the payment of the penalty be
a condition for the continued sale of motor vehicles by the
manufacturer or distributer in the state. The bill would exempt these
provisions from the Administrative Procedure Act.
This bill would require the state board to update civil penalties
to ensure state law provides appropriate penalties, accounting for
the intent of the violator, for introducing into commerce in
California vehicles that do not meet emission standards adopted by
the state board.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43016 of the Health
and Safety Code is amended to read:
43016. Any (a) (1)
A person who violates any provision of
this part, or any order, rule, or regulation of the state board
adopted pursuant to this part, and for which violation there is not
provided in this part any other specific civil penalty or fine, shall
be subject to a civil penalty not to exceed five hundred
dollars ($500) per vehicle, portable fuel container, spout, engine,
or other unit thirty-seven thousand five
hundred dollars ($37,500) for each action subject to regulation
under pursuant to this part,
as these terms are defined in this division or state board
regulations. Any part. Violations involving portable
fuel containers or small off-road engines shall be subject to a civil
penalty of five hundred dollars ($500) per unit. For a manufacturer
or distributor who violates any provision of this article, the
payment of the penalty shall be a condition for the continued sale by
the manufacturer or distributor in this state of products regulated
by the state board pursuant to this division.
(2) The state board shall adjust the maximum penalties specified
in paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(b) Any penalty collected
pursuant to this section shall be payable to the State
Treasurer for deposit deposited in the Air
Pollution Control Fund.
SEC. 2. Section 43151 of the Health and
Safety Code is amended to read:
43151. (a) No A person
who is a resident of, or who operates an established place of
business within, this state shall not advertise,
introduce into commerce, import, deliver, purchase, rent,
lease, acquire, or receive a new motor vehicle, new motor vehicle
engine, or motor vehicle with a new motor vehicle engine for use,
registration, or resale in this state unless such
the motor vehicle engine or motor vehicle has been
certified pursuant to this chapter. No A
person shall not attempt or assist in any
such that action.
(b) This article shall not apply to a vehicle acquired by a
resident of this state for the purpose of replacing a vehicle
registered to such that resident
which that was damaged or became
inoperative beyond reasonable repair or was stolen while out of this
state; state provided that
such the replacement vehicle is acquired out of
state at the time the previously owned vehicle was either damaged or
became inoperative or was stolen. This article shall not apply to a
vehicle transferred by inheritance,
inheritance or by a decree of divorce, dissolution, or legal
separation entered by a court of competent jurisdiction, or to any
vehicle sold after the effective date of the amendments to this
subdivision at the 1979-80 Regular Session of the Legislature if the
vehicle was registered in this state before such
that effective date.
(c) This chapter shall not apply to any motor vehicle having a
certificate of conformity issued pursuant to the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and originally registered
in another state by a resident of that state who subsequently
establishes residence in this state and who, upon registration of the
vehicle in this state, provides satisfactory evidence to the
Department of Motor Vehicles of the previous residence and
registration. This subdivision shall become operative 180 calendar
days after the state board adopts regulations for the certification
of new direct import vehicles pursuant to Section 43203.5.
(d) "Established place of business," as used in this section,
means a place actually occupied either continuously or at regular
periods.
SEC. 3. Section 43154 of the Health and
Safety Code is amended to read:
43154. (a) Any (1)
A person who violates any provision of this article shall be
liable for subject to a civil penalty
not to exceed five thousand dollars ($5,000) per vehicle.
thirty-seven thousand five hundred dollars ($37,500)
for each action. For a manufacturer or distributor who violates any
provision of this article, the payment of the penalty shall be a
condition for the continued sale of motor vehicles by that
manufacturer or distributer in this state.
(2) The state board shall adjust the maximum penalty specified in
paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(b) Any action to recover a penalty under this section shall be
brought in the name of the people of the State of California in the
superior court of the county where the violation occurred, or in the
county where the defendant's residence or principal place of business
is located, by the Attorney General on behalf of the state board, in
which event all penalties adjudged by the court shall be deposited
in the Air Pollution Control Fund, or by the district attorney or
county attorney of such county, or by the city attorney of a city in
that county, in which event all penalties adjudged by the court shall
be deposited with the treasurer of the county or city, as the case
may be.
SEC. 4. Section 43211 of the Health and
Safety Code is amended to read:
43211. No (a) (1)
A new motor vehicle sold in California
that does not shall meet the emission
standards adopted by the state board, and any
a manufacturer who sells, attempts to sell, or causes to be
offered for sale a new motor vehicle that fails to meet the
applicable emission standards shall be subject to a civil penalty of
five thousand dollars ($5,000) thirty-seven
thousand five hundred dollars ($37,500) for each such
action.
(2) The state board shall adjust the maximum penalty specified in
paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
Any
(b ) Any penalty
recovered pursuant to this section shall be deposited into the
General Fund.
SEC. 5. Section 43212 of the Health and
Safety Code is amended to read:
43212. Any (a) (1)
A manufacturer or distributor who does
not comply with the emission standards or the test procedures adopted
by the state board shall be subject to a civil penalty of
fifty dollars ($50) thirty-seven thousand five hundred
dollars ($37,500) for each vehicle which
that does not comply with the standards or procedures and
which that is first sold in this state.
The payment of such the penalties to
the state board shall be a condition to the further sale by
such the manufacturer or distributor of new
motor vehicles in this state.
(2) The state board shall adjust the maximum penalty specified in
paragraph (1) for inflation based on the California Consumer Price
Index. The adjustment shall be exempt from the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
Any
(b) Any penalty recovered
pursuant to this section shall be deposited into the Air Pollution
Control Fund.
SEC. 6. Section 43214 is added to the
Health and Safety Code , to read:
43214. The state board may order a manufacturer of new motor
vehicles to bring its vehicles into compliance with the emissions
configuration they were certified to meet. Compliance with the order
shall be a condition for the continued sale of motor vehicles by that
manufacturer in this state.
SECTION 1. The State Air Resources Board shall
update civil penalties to ensure state law provides appropriate
penalties, accounting for the intent of the violator, for introducing
into commerce in California vehicles that do not meet emission
standards adopted by the state board.