BILL NUMBER: AB 1164	CHAPTERED  09/27/99

	CHAPTER   501
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Member Aanestad

                        FEBRUARY 25, 1999

   An act to amend Section 41960.2 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1164, Aanestad.  Gasoline vapor recovery control systems.
   Existing law requires the State Air Resources Board to identify
equipment defects in systems for the control of gasoline vapors
resulting from motor vehicle fueling operations, as specified.
   This bill would require the executive officer of the state board
to identify and list those defects.  The bill would also require the
executive officer to review that list at a public workshop on or
before January 1, 2001, and at least once every 3 years thereafter,
to determine whether the list requires updating, as provided.  The
bill would authorize the executive officer to initiate a public
review of the list upon a written request that demonstrates the need
for the review, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41960.2 of the Health and Safety Code is
amended to read:
   41960.2.  (a) All installed systems for the control of gasoline
vapors resulting from motor vehicle fueling operations shall be
maintained in good working order in accordance with the manufacturer'
s specifications of the system certified pursuant to Section 41954.
   (b) Whenever a gasoline vapor recovery control system is repaired
or rebuilt by someone other than the original manufacturer or its
authorized representative, the person shall permanently affix a plate
to the vapor recovery control system that identifies the repairer or
rebuilder and specifies that only certified equipment was used.  In
addition, a rebuilder of a vapor control system shall remove any
identification of the original manufacturer if the removal does not
affect the continued safety or performance of the vapor control
system.
   (c) (1) The executive officer of the state board shall identify
and list equipment defects in systems for the control of gasoline
vapors resulting from motor vehicle fueling operations that
substantially impair the effectiveness of the systems in reducing air
contaminants.  The defects shall be identified and listed for each
certified system and shall be specified in the applicable
certification documents for each system.
   (2) On or before January 1, 2001, and at least once every three
years thereafter, the list required to be prepared pursuant to
paragraph (1) shall be reviewed by the executive officer at a public
workshop to determine whether the list requires an update to reflect
changes in equipment technology or performance.
   (3) Notwithstanding the timeframes for the executive officer's
review of the list, as specified in paragraph (2), the executive
officer may initiate a public review of the list upon a written
request that demonstrates, to the satisfaction of the executive
officer, the need for such a review.  If the executive officer
determines that an update is required, the update shall be completed
no later than 12 months after the date of the determination.
   (d) When a district determines that a component contains a defect
specified pursuant to subdivision (c), the district shall mark the
component "Out of Order."  No person shall use or permit the use of
the component until the component has been repaired, replaced, or
adjusted, as necessary, and the district has reinspected the
component or has authorized use of the component pending
reinspection.
   (e) Where a district determines that a component is not in good
working order but does not contain a defect specified pursuant to
subdivision (c), the district shall provide the operator with a
notice specifying the basis on which the component is not in good
working order.  If, within seven days, the operator provides the
district with adequate evidence that the component is in good working
order, the operator shall not be subject to liability under this
division.