BILL ANALYSIS                                                                                                                                                                                                    �



                                                               AB 1922
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2011-2012 Regular Session
                                           
           BILL NO:    AB 1922
           AUTHOR:     Lara
           AMENDED:    May 2, 2012
           FISCAL:     Yes               HEARING DATE:     July 2, 2012
           URGENCY:    No                CONSULTANT:       Randy Pestor
            
           SUBJECT  :    HEAVY-DUTY VEHICLE SMOKE EMISSIONS

            SUMMARY  :    
           
            Existing law  :

           1) Under vehicular air pollution control requirements (Public 
              Resources Code �43701):

              a)    Require the Air Resources Board (ARB) to adopt 
                 regulations requiring owners or operators of heavy-duty 
                 diesel motor vehicles to perform regular inspections of 
                 their vehicles for excessive smoke emissions.

              b)    Require ARB to specify the inspection procedure, 
                 frequency of inspections, emission standards for smoke, 
                 and actions the vehicle owner or operator is required to 
                 take to remedy excessive smoke emissions.

           2) Under regulations implementing the above requirements:

              a)    Defines "fleet" to be a group of 2 or more heavy-duty 
                 diesel-powered vehicles that are owned or operated by 
                 the same agency or entity.  (13 Cal. Code of Regs. 
                 �2191(a)(1)).

              b)    Provides a phased schedule for testing fleets of 5 or 
                 more vehicles.  (13 Cal. Code of Regs. �2193(a)).

              c)    Requires a vehicle to be tested within 12 months of 
                 the previous test, including those vehicles that are 
                 part of a fleet of five or more vehicles tested on the 
                 above phased schedule.  (13 Cal. Code of Regs. 









                                                               AB 1922
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                 �2193(c)).

            This bill  , under vehicular air pollution control requirements, 
           requires a fleet, on or before December 31 of each year, to 
           complete its required smoke opacity inspections and any 
           necessary repairs for that calendar year.

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, "AB 1922 will 
              provide fleet owners of heavy duty vehicles with a 
              streamlined maintenance process by allowing them to perform 
              the Periodic Smoke Inspection Program (PSIP) on their heavy 
              duty engines within a calendar year."

            2) Meeting all requirements annually  ?  AB 1922 requires a 
              fleet to "complete its required opacity inspections and any 
              necessary repairs for the calendar year" by December 31 of 
              each year.  As noted above, fleets of 5 or more vehicles 
              are currently tested based on a phased schedule specified 
              in regulations, and annually thereafter.  These phased 
              schedules should assist larger fleet owners and the phasing 
              is based on "at least" a specified number of vehicles for 
              each phase.  Therefore, current law provides flexibility to 
              a fleet owner to have vehicles inspected at the same time 
              or at certain intervals.

           If all vehicles are to be inspected by the end of each year, 
              potentially several vehicles in a larger fleet may not be 
              tested within 12 months of the previous inspection.

           While AB 1922 requires a fleet to "complete its required smoke 
              opacity inspections and any necessary repairs for that 
              calendar year" - the periodic smoke inspection program 
              requires more than an opacity inspection and repair.  For 
              example, smoke emissions must be measured, smoke test 
              opacity levels and other required test information must be 
              recorded, vehicle repair information must be recorded, a 
              post-repair test must be conducted to determine if the 
              vehicle complies with the smoke opacity standard, and there 
              must be additional repairs to achieve compliance.











                                                               AB 1922
                                                                 Page 3

           If the Committee believes this bill is necessary, then 
              clarification is necessary to ensure that all periodic 
              smoke inspection requirements are met for all fleet 
              vehicles by fleet owners or operators.  Also, a definition 
              for "fleet" for purposes of the provision in this bill is 
              needed.

            3) Technical amendment needed  .  Due to an amendment in the 
              introduced version of AB 1922, clarification is needed by 
              striking "GVWR" on page 3, line 10, and inserting:  "gross 
              vehicle weight rating (GVWR)".

            SOURCE  :        California Trucking Association  

           SUPPORT  :       California Construction Trucking Association, 
                          California Tow Truck Association  

           OPPOSITION  :    None on file.