BILL NUMBER: AB 1922	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 22, 2012

   An act to amend Section 43701 of the Health and Safety Code,
relating to vehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1922, as amended, Lara. Heavy-duty vehicles: smoke emissions.
   Existing law requires the State Air Resources Board to adopt
regulations requiring owners or operators of heavy-duty diesel motor
vehicles to perform regular inspections of their vehicles for
excessive emissions of smoke.  Existing regulations require the
owner of a heavy-duty diesel-powered vehicle to test the vehicle for
excessive smoke emissions periodically, as specified, and requires
the vehicle to be periodically tested for smoke opacity and repaired
if the applicable smoke opacity standard is exceeded within 12 months
of the previous test, as prescribed. 
   This bill would require the state board to amend a
specified regulation relating to the inspection of heavy-duty diesel
motor vehicles for excessive emissions of smoke   ,
  on or before December 31 of each year, a fleet to complete
its required smoke opacity inspections and any necessary repairs for
that calendar year  .
   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 43701 of the Health and Safety Code is amended
to read:
   43701.  (a) (1) Not later than July 15, 1992, the state board, in
consultation with the bureau and the review committee established
pursuant to subdivision (a) of Section 44021, shall, after a public
hearing, adopt regulations that require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection procedure,
the frequency of inspections, the emission standards for smoke, and
the actions the vehicle owner or operator is required to take to
remedy excessive smoke emissions shall be specified by the state
board. Those standards shall be developed in consultation with
interested parties. The smoke standards adopted under this
subdivision shall not be more stringent than those adopted under
Chapter 5 (commencing with Section 44000). 
   (2) The state board shall amend Sections 2190 to 2194, inclusive,
of Title 13 of the California Code of Regulations to provide for all
of the following:  
   (A) Commercial motor vehicles with a gross vehicle weight rating
(GVWR) of 14,000 pounds or higher with 2007 and newer model-year
engines shall be exempt beginning January 1, 2013.  

   (B) Commercial motor vehicles with a GVWR of 14,000 pounds or
higher shall be exempt beginning January 1, 2023.  
   (2) On or before December 31 of each year, a fleet shall complete
its required smoke opacity inspections and any necessary repairs for
that calendar year. 
   (b) Not later than December 15, 1993, the state board shall, in
consultation with the State Energy Resources Conservation and
Development Commission, and after a public hearing, adopt regulations
that require that heavy-duty diesel motor vehicles subject to
subdivision (a) utilize emission control equipment and alternative
fuels. The state board shall consider, but not be limited to, the use
of cleaner burning diesel fuel, or other methods that will reduce
gaseous and smoke emissions to the greatest extent feasible, taking
into consideration the cost of compliance. The regulations shall
provide that any significant modification of the engine necessary to
meet these requirements shall be made during a regularly scheduled
major maintenance or overhaul of the vehicle's engine. If the state
board requires the use of alternative fuels, it shall do so only to
the extent those fuels are available.
   (c) The state board shall adopt emissions standards and procedures
for the qualification of any equipment used to meet the requirements
of subdivision (b), and only qualified equipment shall be used.
   (d) To the extent permissible under federal law, commencing
January 1, 2006, the owner or operator of any commercial motor truck,
as defined in Section 410 of the Vehicle Code, with a GVWR greater
than 10,000 pounds that enters the state for the purposes of
operating in the state shall maintain, and provide upon demand to
enforcement authorities, evidence demonstrating that its engine met
the federal emission standards applicable to commercial heavy-duty
engines for that engine's model-year at the time it was manufactured,
pursuant to the protocol and regulations developed and implemented
pursuant to subdivision (e).
   (e) The state board, not later than January 1, 2006, in
consultation with the California Highway Patrol, shall develop,
adopt, and implement regulations establishing an inspection protocol
for determining whether the engine of a truck subject to the
requirements of subdivision (d) met the federal emission standard
applicable to heavy-duty engines for that engine's model-year at the
time it was manufactured.