BILL NUMBER: SB 724 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
(Coauthors: Senators Cannella, Correa, Huff, Rubio, and
Strickland)
FEBRUARY 18, 2011
An act to amend Sections 39619.7, 43024, and 43212 of, and to add
Sections 43103 and 43103.5 to, the Health and Safety Code, relating
to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 724, as introduced, Dutton. State Air Resources Board:
penalties: mobile source certification.
(1) Existing law grants to the State Air Resources Board the
primary authority for the control of air pollution from vehicular
sources. The state board tests and certifies new motor vehicle models
for compliance with air pollution emissions standards developed by
the state board.
This bill would require an application for certification of a new
motor vehicle or engine, including off-road equipment and engines and
aftermarket parts, to be approved or disapproved pursuant to
specified requirements. The bill would authorize the executive
officer of the state board to approve certification of a new motor
vehicle or engine, including off-road equipment and engines and
aftermarket parts, for any model year that has been certified by the
federal Environmental Protection Agency without additional testing,
if the state emissions standards for certification of that vehicle,
equipment, engine, or part are no more stringent than the federal
standards on which the federal Environmental Protection Agency
certification was based.
The bill would require the state board to create a separate, short
form certification application template for a 2013 model year and
later carryover vehicle, equipment, or engine, as defined. The bill
would require this application form to contain a section for the
applicant to certify, under penalty of perjury, that any change in an
emissions-related component part has not resulted in an increase in
emissions from the prior certified model year. By expanding the scope
of the crime of perjury, the bill would impose a state-mandated
local program.
(2) Existing law requires a written communication from the state
board alleging that an administrative or civil penalty will be, or
could be, imposed either by the state board or another party,
including the Attorney General, for a violation of air pollution law,
to contain specified information.
This bill would require this information to include specified
information relating to quantifying excess emissions. The bill would
require the state board to consider in assessing a penalty whether
there were excess emissions above an applicable standard and, where
practicable, to quantify these excess emissions.
(3) Existing law subjects any manufacturer or distributor who does
not comply with the emission standards or the test procedures
adopted by the state board to a civil penalty of $50 for each vehicle
that does not comply with the standards or procedures.
This bill would prohibit the imposition of any penalty in addition
to this penalty for a violation that does not cause excess emissions
above an applicable standard, including violations involving a
carryover vehicle, equipment, or engine as defined.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39619.7 of the Health and Safety Code is
amended to read:
39619.7. (a) A written communication from the state board
alleging that an administrative or civil penalty will be, or could
be, imposed either by the state board or another party, including the
Attorney General, for a violation of air pollution law, shall
contain a clear explanation of all of the following:
(1) The manner in which the administrative or civil penalty amount
was determined, including the aggravating and mitigating factors the
state board considered in arriving at the amount, and, where
applicable, the per unit or per vehicle basis for the penalty.
(2) The provision of law or regulations under which the alleged
violator is being assessed the administrative or civil penalty,
including the reason that provision is most appropriate for that
violation.
(3) (A) Whether the administrative or civil
penalty is being assessed under a provision of law that prohibits the
emission of pollution at a specified level, and if so, a
quantification of the specific amount of pollution emitted in excess
of that level, where practicable. This quantification may be based on
estimates or emission factors. The state board shall provide an
opportunity to the regulated person or entity to submit information
regarding the amount of pollution emitted in excess of an applicable
standard or the lack of any emissions above an applicable standard.
(B) Whether quantifying excess emissions was practicable, whether
a regulated person or entity submitted information quantifying excess
emissions, and the manner in which the penalty was assessed to
account for the magnitude of excess emissions or the lack of excess
emissions, as required by subdivision (c) of Section 43024.
(b) The information described in subdivision (a) and all final
mutual settlement agreements reached between the state board and a
person alleged to have violated air pollution laws shall be made
available to the public.
SEC. 2. Section 43024 of the Health and Safety Code is amended to
read:
43024. (a) No later than March 1, 2011, the state board shall
publish a penalty policy for civil or administrative penalties
prescribed under Chapter 1 (commencing with Section 43000) to Chapter
4 (commencing with Section 43800), inclusive, and Chapter 6
(commencing with Section 44200).
(b) The policy shall take into consideration all relevant
circumstances, including, but not limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare
caused by the violation.
(2) The nature and persistence of the violation, including the
magnitude of the excess emissions.
(3) The compliance history of the defendant, including the
frequency of past violations.
(4) The preventive efforts taken by the defendant, including the
record of maintenance and any program to ensure compliance.
(5) The innovative nature and the magnitude of the effort required
to comply, and the accuracy, reproducibility, and repeatability of
the available test methods.
(6) The efforts of the defendant to attain, or provide for,
compliance.
(7) The cooperation of the defendant during the course of the
investigation and any action taken by the defendant, including the
nature, extent, and time of response of any action taken to mitigate
the violation.
(8) The financial burden to the defendant.
(c) The state board shall consider in assessing a penalty whether
there were excess emissions above an applicable standard and, where
practicable, the state board shall quantify these excess emissions.
SEC. 3. Section 43103 is added to the Health and Safety Code, to
read:
43103. (a) (1) Within 30 days after receipt of an application for
certification of a new motor vehicle or engine, including off-road
equipment and engines and aftermarket parts, the executive officer of
the state board shall inform the applicant, in writing, either: (A)
that the application is complete and accepted for filing, or (B) that
the application is deficient, identifying the specific information
required to make the application complete.
(2) Within 15 days after receipt of additional information
provided in response to a determination by the executive officer of
the state board that an application for certification of a new motor
vehicle or engine, including off-road equipment and engines and
aftermarket parts, is deficient, the executive officer shall inform
the applicant, in writing, either: (A) that the new information is
sufficient to make the application complete and that the application
is accepted for filing, or (B) that the application is deficient,
identifying the specific information required to make the application
complete.
(3) Within 90 days after an application for certification of a new
motor vehicle or engine, including off-road equipment and engines
and aftermarket parts, is accepted for filing, the executive officer
of the state board shall act to approve or to disapprove the
application.
(b) (1) An applicant may inform the executive officer or the
ombudsman of the state board, in writing, if the requirements of
subdivision (a) have not been met.
(2) The executive officer and the ombudsman shall ensure that
action to approve or disapprove the application takes place within 30
days after receipt of the notice described in paragraph (1).
(c) (1) If the application for certification of a new motor
vehicle or engine, including off-road equipment and engines and
aftermarket parts, is for a carryover vehicle, equipment, or engine,
the executive officer shall approve or disapprove the application
within 30 days after the application is accepted for filing.
(2) If an application described in paragraph (1) is not approved
or disapproved within 210 days after the application is accepted for
filing, the application is deemed to have been approved by the
executive officer.
(3) For a carryover vehicle, equipment, or engine that has been
approved pursuant to this subdivision, the entire model year is
deemed to have been certified with the approval being effective on
the initial date when that model year began production.
(4) This subdivision applies to an application made on and after
January 1, 2012, and to an application that was filed prior to
January 1, 2012, and which has not yet been approved or disapproved.
(d) The state board shall create a separate, short form
certification application template for a 2013 model year and later
carryover vehicle, equipment, or engine that shall include all of the
following:
(1) A conspicuously located section for the applicant to indicate
that the application is being submitted for a carryover vehicle,
equipment, or engine.
(2) A conspicuously located section for the applicant to certify,
under penalty of perjury, that any change in an emissions-related
component part has not resulted in an increase in emissions from the
prior certified model year.
(3) A conspicuously located section for the applicant to indicate
and provide information for any nonmaterial or minor changes from the
prior certified model year, including, but not limited to, changes
in emissions-related component parts that do not adversely affect
emissions compliance or performance or otherwise result in increased
emissions, or revised labels or warranty statements.
(e) As used in this section, "carryover vehicle, equipment, or
engine" means a vehicle, equipment, or engine certified to the same
emission regulations and standards as the certified prior model year,
if there has been no change to the subsequent model year product
that would increase emissions or adversely affect emissions
compliance or performance.
SEC. 4. Section 43103.5 is added to the Health and Safety Code, to
read:
43103.5. The executive officer of the state board may approve
certification of a new motor vehicle or engine, including off-road
equipment and engines and aftermarket parts, for any model year that
has been certified by the federal Environmental Protection Agency,
without requiring the applicant to submit to additional testing prior
to certification, if the state emissions standards for certification
of that vehicle, equipment, or engine are no more stringent than the
federal standards on which the federal Environmental Protection
Agency certification was based.
SEC. 5. Section 43212 of the Health and Safety Code is amended to
read:
43212. (a) Any manufacturer or distributor
who does not comply with the emission standards or the test
procedures adopted by the state board shall be subject to a civil
penalty of fifty dollars ($50) for each vehicle which
that does not comply with the standards or
procedures and which that is first sold
in this state. The payment of such these
penalties to the state board shall be a condition to the
further sale by such the manufacturer
or distributor of motor vehicles in this state.
(b) Notwithstanding Section 43154 or 43211, a penalty in addition
to the penalty provided for in this section shall not be imposed for
a violation of the emission standards, certification requirements, or
test procedures described in this chapter, if that violation does
not cause excess emissions above an applicable standard, including
violations involving a "carryover vehicle, equipment, or engine" as
defined in Section 43103.
Any
(c) Any penalty recovered
pursuant to this section shall be deposited into the Air Pollution
Control Fund.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.