Amended in Senate August 2, 2016

Amended in Senate June 14, 2016

Amended in Assembly April 11, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1685


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 is subject to a civil penalty of $5,000 perbegin delete action.end deletebegin insert violation.end insert 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 perbegin delete actionend deletebegin insert violationend insert or vehicle. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill wouldbegin delete require thatend deletebegin insert authorizeend insert 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 arebegin delete subject to regulationend deletebegin insert alleged or found to be in violationend insert by the state board.

This bill would authorize the state board to order a manufacturer of motor vehicles to bring the vehicles into compliance with the emissions configuration to which they were certified. The bill wouldbegin delete requireend deletebegin insert authorizeend insert 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 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 perbegin delete actionend deletebegin insert violationend insert 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 those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill wouldbegin delete require thatend deletebegin insert authorizeend insert the payment of the penalty be a condition for the continued salebegin insert in the state by that manufacturer or distributend insertbegin insertorend insert of motor vehiclesbegin delete by the manufacturer or distributer in the state.end deletebegin insert that are alleged or found to be in violation by the state board.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 43016 of the Health and Safety Code is
2amended to read:

3

43016.  

(a) (1) A person who violates any provision of this
4part, or any order, rule, or regulation of the state board adopted
5pursuant to this part, and for which violation there is not provided
6in this part any other specific civil penalty or fine, shall be subject
7to a civil penalty not to exceed thirty-seven thousand five hundred
8dollars ($37,500) for eachbegin delete such actionend deletebegin insert violationend insert subject to
9regulation pursuant to this part. Violations involving portable fuel
10containers or small off-road engines shall be subject to a civil
11penalty not to exceed five hundred dollars ($500) per unit. For a
12manufacturer or distributor who violates any provision of this part,
13or any order, rule, or regulation of the state board adopted pursuant
14to this part, the payment of the penaltybegin delete shallend deletebegin insert mayend insert be a condition
15for the continued salebegin insert in this stateend insert by the manufacturer or
16distributorbegin delete in this stateend delete of productsbegin delete regulatedend deletebegin insert that are alleged or
17found to be in violationend insert
by the statebegin delete board pursuant to this division.end delete
18
begin insert board.end insert

19(2) The state board shall adjust the maximum penalties specified
20in paragraph (1) for inflation based on the California Consumer
21Price Index. The adjustment shall be exempt from the
22Administrative Procedure Act (Chapter 3.5 (commencing with
23Section 11340) of Part 1 of Division 3 of Title 2 of the Government
24Code).

25(b) Any penalty collected pursuant to this section shall be
26deposited in the Air Pollution Control Fund.

27

SEC. 2.  

Section 43151 of the Health and Safety Code is
28amended to read:

29

43151.  

(a) A person shall not offer for sale, introduce into
30commerce, import, deliver, purchase, rent, lease, acquire, or receive
31a new motor vehicle, new motor vehicle engine, or motor vehicle
32with a new motor vehicle engine for use, registration, or resale in
P4    1this state unless the motor vehicle engine or motor vehicle has
2been certified pursuant to this chapter. A person shall not attempt
3or assist inbegin delete any suchend deletebegin insert thatend insert action.

4(b) This article shall not apply to a vehicle acquired by a resident
5of this state for the purpose of replacing a vehicle registered to
6that resident that was damaged or became inoperative beyond
7reasonable repair or was stolen while out of this state provided
8that the replacement vehicle is acquired out of state at the time the
9previously owned vehicle was either damaged or became
10inoperative or was stolen. This article shall not apply to a vehicle
11transferred by inheritance or by a decree of divorce, dissolution,
12or legal separation entered by a court of competent jurisdiction,
13or to any vehicle sold after the effective date of the amendments
14to this subdivision at the 1979-80 Regular Session of the
15Legislature if the vehicle was registered in this state before that
16 effective date.

17(c) This chapter shall not apply to any motor vehicle having a
18certificate of conformity issued pursuant to the federal Clean Air
19Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in
20another state by a resident of that state who subsequently
21establishes residence in this state and who, upon registration of
22the vehicle in this state, provides satisfactory evidence to the
23Department of Motor Vehicles of the previous residence and
24registration. This subdivision shall become operative 180 calendar
25days after the state board adopts regulations for the certification
26of new direct import vehicles pursuant to Section 43203.5.

27

SEC. 3.  

Section 43154 of the Health and Safety Code is
28amended to read:

29

43154.  

(a) (1) A person who violates any provision of this
30article shall be subject to a civil penalty not to exceed thirty-seven
31thousand five hundred dollars ($37,500) for eachbegin delete such action.end delete
32begin insert violation.end insert For a manufacturer or distributor who violates any
33provision of this article, the payment of the penaltybegin delete shallend deletebegin insert mayend insert be
34a condition for the continued salebegin insert in this state by that manufacturer
35or distributorend insert
of motor vehiclesbegin delete by that manufacturer or distributor
36in this state.end delete
begin insert that are alleged or found to be in violation by the state
37board.end insert

38(2) Notwithstanding paragraph (1), a dealer, as defined in
39Section 285 of the Vehicle Code, who violates any provision of
P5    1this article shall be subject to a civil penalty not to exceed ten
2thousand dollars ($10,000) for eachbegin delete such action.end deletebegin insert violation.end insert

3(3) The state board shall adjust the maximum penalty specified
4in paragraphs (1) and (2) for inflation based on the California
5Consumer Price Index. The adjustment shall be exempt from the
6Administrative Procedure Act (Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code).

9(b) Any action to recover a penalty under this section shall be
10brought in the name of the people of the State of California in the
11 superior court of the county where the violation occurred, or in
12the county where the defendant’s residence or principal place of
13business is located, by the Attorney General on behalf of the state
14board, in which event all penalties adjudged by the court shall be
15deposited in the Air Pollution Control Fund, or by the district
16attorney or county attorney ofbegin delete suchend deletebegin insert thatend insert county, or by the city
17attorney of a city in that county, in which event all penalties
18adjudged by the court shall be deposited with the treasurer of the
19county or city, as the case may be.

20

SEC. 4.  

Section 43211 of the Health and Safety Code is
21amended to read:

22

43211.  

(a) (1) A new motor vehicle sold in California shall
23meet the emission standards adopted by the state board, and a
24manufacturer who sells, attempts to sell, or causes to be offered
25for sale a new motor vehicle that fails to meet the applicable
26emission standards shall be subject to a civil penalty not to exceed
27thirty-seven thousand five hundred dollars ($37,500) for eachbegin delete such
28action.end delete
begin insert violation.end insert

29(2) The state board shall adjust the maximum penalty specified
30in paragraph (1) for inflation based on the California Consumer
31Price Index. The adjustment shall be exempt from the
32Administrative Procedure Act (Chapter 3.5 (commencing with
33Section 11340) of Part 1 of Division 3 of Title 2 of the Government
34Code).

35(b) Any penalty recovered pursuant to this section shall be
36deposited into the General Fund.

37

SEC. 5.  

Section 43212 of the Health and Safety Code is
38amended to read:

39

43212.  

(a) (1) A manufacturer or distributor who does not
40comply with the emission standards or the test procedures adopted
P6    1by the state board shall be subject to a civil penalty not to exceed
2thirty-seven thousand five hundred dollars ($37,500) for each
3vehicle that does not comply with the standards or procedures and
4that is first sold in this state. The payment ofbegin delete suchend deletebegin insert thoseend insert penalties
5to the state boardbegin delete shallend deletebegin insert mayend insert be a condition to the further salebegin insert in
6this stateend insert
by the manufacturer or distributor of motor vehiclesbegin delete in
7this state.end delete
begin insert that are alleged or found to be in violation by the state
8board.end insert

9(2) The state board shall adjust the maximum penalty specified
10in paragraph (1) for inflation based on the California Consumer
11Price Index. The adjustment shall be exempt from the
12Administrative Procedure Act (Chapter 3.5 (commencing with
13Section 11340) of Part 1 of Division 3 of Title 2 of the Government
14Code).

15(b) Any penalty recovered pursuant to this section shall be
16deposited into the Air Pollution Control Fund.

17

SEC. 6.  

Section 43214 is added to the Health and Safety Code,
18to read:

19

43214.  

The state board may order a manufacturer of motor
20vehicles to bring its vehicles into compliance with the emissions
21configuration to which they were certified. Compliance with the
22orderbegin delete shallend deletebegin insert mayend insert be a condition for the continued salebegin insert in this state
23by that manufacturerend insert
of motor vehiclesbegin delete by that manufacturer in
24this state.end delete
begin insert that are alleged or found to be in violation by the state
25board.end insert



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