BILL ANALYSIS �
AB 1099
Page 1
Date of Hearing: May 2, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1099 (Bonnie Lowenthal) - As Amended: April 6, 2011
SUBJECT : Commercial motor vehicle registration
SUMMARY : Establishes restrictions upon the California
Department of Motor Vehicles (DMV) for the registration of
commercial motor vehicles of model year 1996 or older.
Specifically, this bill :
1)Requires DMV, effective January 1, 2012, to refuse
registration for commercial motor vehicles with a declared
gross or combined gross vehicle weight that exceeds 10,000
pounds that is of a 1996 or older model year and that requires
a Class A or B commercial driver's license to operate.
2)Exempts from this requirement a commercial motor vehicle
registered in California prior to January 1, 2012, if the
commercial motor vehicle is continuously registered or is
certified nonoperational after January 1, 2012.
EXISTING LAW :
1)Requires DMV to refuse registration, or renewal or transfer of
registration, for any commercial motor vehicle with a declared
gross or combined gross vehicle weight that exceeds 10,000
pounds if the owner or operator of the motor vehicle at the
time of the application has been cited for a violation of
specified air quality standards pertaining to that vehicle or
regulations adopted by the State Air Resources Board (ARB), or
until the violation has been cleared.
2)Confers authority to ARB to regulate emission standards for
mobile sources. Establishes, through regulations,
requirements for fleets that operate in California to reduce
diesel truck and bus emissions by retrofitting or replacing
existing engines. This regulation, referred to as the
Statewide Truck and Bus Rule, was recently amended in December
2010 to provide more time for fleets to comply, required the
installation of particulate matter (PM) retrofits beginning
January 1, 2012, and required the replacement of older trucks
starting January 1, 2015. By January 1, 2023, nearly all
AB 1099
Page 2
vehicles would need to have 2010 model year engines or
equivalent. The regulation applies to nearly all privately
and federally owned diesel fueled trucks and buses and
privately and publicly owned school buses with a gross vehicle
weight rating greater than 14,000 pounds.
FISCAL EFFECT : Unknown
COMMENTS : The ARB Statewide Truck and Bus Rule was initially
considered in 2008 and requires fleets that operate in
California to reduce diesel truck and bus emissions by
retrofitting or replacing existing engines. Amendments were
considered and adopted in December 2010, to provide more time
for fleets to comply. The regulations now require installation
of PM retrofits beginning January 1, 2012, and replacement of
older pre-1994 trucks starting January 1, 2015. Trucks of model
year 1994 and 1995, starting January 1, 2016, will require
vehicles to have 2010 model year engines or equivalent. By
January 1, 2023, nearly all vehicles would need to have 2010
model year engines or equivalent.
The regulation applies to nearly all privately and federally
owned diesel fueled trucks and buses and to privately and
publicly owned school buses with a gross vehicle weight rating
greater than 14,000 pounds.
According to the author's office, "The ARB move to create more
time for compliance with the Statewide Truck and Bus Rule helped
a number of California trucking companies that had yet to take
compliance steps. However, the action by ARB also created an
opportunity for an increase in the number of pre-1996 vehicles
in California that would result in higher emissions and undercut
California businesses that took steps to comply with the
original rule. AB 1099 attempts to close this loophole by
preventing a dramatic increase in the number of older, dirtier
trucks."
Impact upon current businesses : This bill is not intended to
impact California businesses that currently operate pre-1996
engine year trucks in California, provided that they are
continuously registered with DMV (as operational or planned
non-operational) though 2016, when the ARB Statewide Truck and
Bus Rule prohibits their continued operation in California. For
out-of-state trucking companies operating in this state with
older pre-1996 vehicles, this bill will not affect their
AB 1099
Page 3
businesses.
Interstate commerce issue : According to the California Trucking
Association (CTA), the sponsor of the bill, "motor carriers
operating in interstate commerce will still be able to purchase
a wide range of commercial vehicles, of varying model years and
applications, with which to conduct business. These carriers
will continue to operate their vehicles pursuant to federal and
state regulations. AB 1099 simply bans registration of pre-1996
engine year vehicles beginning on January 1, 2012."
Support : Writing in support of this bill, the CTA contends that
"the bill protects the emissions reduction gains of the revised
Statewide Truck and Bus Rule while respecting the investment of
companies that spent hundreds of thousands to millions of
dollars on newer, cleaner trucks in compliance with the original
rule. Absent AB 1099, California risks allowing a dramatic
increase in the number of pre-1996 trucks that could be used to
undercut California companies that reduced their emissions
through retrofits and vehicle replacements and lead to increased
emissions that threaten attainment of California's air quality
goals."
REGISTERED SUPPORT / OPPOSITION :
Support
California Trucking Association (sponsor)
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093