BILL NUMBER: AB 1685 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2016
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 to add Section 43214 to, the Health and Safety Code,
relating to vehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1685, as amended, Gomez. Vehicular air pollution: civil
penalties.
(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 of 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 is
subject to a civil penalty of $5,000 per action. Existing law
provides 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 up to
$37,500 per action or vehicle. The bill would require the state board
to adjust those maximum penalties for inflation, as
specified. specified, and would exempt those
adjustments from the Administrative Procedure Act. 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 by a manufacturer or distributor 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 to which they
were certified to meet. certified. 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, offering for sale, 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 up to
$37,500 per action and up to $10,000 for a dealer, as defined,
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
those maximum penalties for inflation, as
specified. specified, and would exempt those
adjustments from the Administrative Procedure Act.
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.
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. (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 thirty-seven thousand five hundred
dollars ($37,500) for each such action subject to
regulation pursuant to this part. Violations involving portable fuel
containers or small off-road engines shall be subject to a civil
penalty of not to exceed five hundred
dollars ($500) per unit. For a manufacturer or distributor who
violates any provision of this article, part,
or any order, rule, or regulation of the state board adopted
pursuant to this part, 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
deposited in the Air Pollution Control Fund.
SEC. 2. Section 43151 of the Health and Safety Code is amended to
read:
43151. (a) A person shall not advertise,
offer for sale, 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 the
motor vehicle engine or motor vehicle has been certified pursuant to
this chapter. A person shall not attempt or assist in that
any such 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 that resident that was damaged or became inoperative
beyond reasonable repair or was stolen while out of this state
provided that 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 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 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.
SEC. 3. Section 43154 of the Health and Safety Code is amended to
read:
43154. (a) (1) A person who violates any provision of this
article shall be subject to a civil penalty not to exceed
thirty-seven thousand five hundred dollars ($37,500) for each
such 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 distributor
in this state.
(2) Notwithstanding paragraph (1), a dealer, as defined in Section
285 of the Vehicle Code, who violates any provision of this article
shall be subject to a civil penalty not to exceed ten thousand
dollars ($10,000) for each such action.
(2)
(3) The state board shall adjust the maximum penalty
specified in paragraph (1) paragraphs (1) and
(2) 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. (a) (1) A new motor vehicle sold in California shall meet
the emission standards adopted by the state board, and 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 not to
exceed 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).
(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. (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
not to exceed thirty-seven thousand five hundred dollars
($37,500) for each vehicle that does not comply with the standards or
procedures and that is first sold in this state. The payment of
the such penalties to the state board
shall be a condition to the further sale by 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).
(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 to which they were
certified to meet. certified. Compliance with
the order shall be a condition for the continued sale of motor
vehicles by that manufacturer in this state.