BILL NUMBER: SB 724 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
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 amended, 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, new, a carryover,
or a partial carryover on-road or off-road vehicle, engine, or
equipment family 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 state board to approve
an application for certification of a new, a carryover, or a partial
carryover on-road or off-road vehicle, engine, or equipment family
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 specified
requirements are met .
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
2014 model year and later carryover
vehicle, equipment, or engine family and for a 2014 model year and
later partial carryover vehicle, equipment, or engine family .
The bill would require this these
application form forms 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 specified information . 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)
(2) 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 43103 is added to the
Health and Safety Code , to read:
43103. (a) As used in this section and in Section 43103.5, the
following terms have the following meanings:
(1) "Carryover vehicle, engine, or equipment family" means an
on-road or off-road vehicle, engine, or equipment family whose
application for certification differs from the vehicle, engine, or
equipment family certified in the previous model year in model-year
designation only.
(2) "Certification" has the same meaning as in Section 39018,
except "certification" does not include the certification of
aftermarket parts or onboard diagnostic systems or equipment or the
verification of retrofit devices for on-road or off-road heavy-duty
diesel vehicles.
(3) "Partial carryover vehicle, engine, or equipment family" means
an on-road or off-road vehicle, engine, or equipment family that is
certified to the same emission standards and the same certification
category as the prior certified model year, if there has been no
change to the applicable emission standard and requirements,
including, but not limited to, durability and warranty requirements,
and no change in emissions performance from changes to
emission-related components, engine configurations, calibrations, or
designs, as determined by the state board. The state board may adopt
regulations that further define "partial carryover vehicle, engine,
or equipment family" for different types of vehicles, engines, or
equipment families.
(4) "Working day" means any day that is not a Saturday, Sunday, or
state-recognized holiday as provided in Sections 6700 and 6701 of
the Government Code.
(b) (1) Within 30 working days after receipt of an application for
certification of a new, a carryover, or a partial carryover on-road
or off-road vehicle, engine, or equipment family, 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 working days after receipt of additional information
provided in response to a determination by the state board that an
application for certification of a new, a carryover, or a partial
carryover on-road or off-road vehicle, engine, or equipment family,
is deficient, the state board 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) (A) Within 90 calendar days after an application for
certification of a new on-road or off-road vehicle, engine, or
equipment family is complete and accepted for filing, the state board
shall approve or disapprove the application.
(B) If the application for certification is for a carryover
vehicle, engine, or equipment family, the state board shall approve
or disapprove the application within 30 calendar days after it deems
an application is complete and accepted for filing.
(C) If the application for certification is for a partial
carryover vehicle, engine, or equipment family, the state board shall
approve or disapprove the application within 60 calendar days after
the application is complete and accepted for filing.
(c) The state board may, in the course of processing the
application, request the applicant to clarify, amplify, correct, or
otherwise supplement the information required for the application. If
the state board determines that more information is needed after the
application has been deemed complete, the state board shall notify
the applicant and identify the specific information required. The
number of days the applicant takes to respond to the state board with
the requested information shall not be included in the deadlines
specified in paragraph (3) of subdivision (b).
(d) (1) If an applicant believes that the state board has not met
the requirements of subdivision (b), it may file, in writing, a
complaint with the ombudsman of the state board describing the
alleged failure of the state board to meet those requirements.
(2) Within 30 days of receiving a complaint from an applicant
pursuant to paragraph (1), the ombudsman shall determine whether the
requirements of subdivision (b) have or have not been met. If the
requirements have not been met and the application is complete and
accepted for filing, the ombudsman shall notify the executive officer
and the executive officer shall ensure that action to approve or
disapprove the application takes place within 30 days of determining
that the requirements have not been met.
(e) (1) If an application for certification was filed prior to
January 1, 2012 for a new, carryover, or partial carryover on-road or
off-road vehicle, engine, or equipment family and the vehicle,
engine, or equipment family is for the 2012 model year, the state
board shall notify the applicant whether the application is complete
within 30 working days of January 1, 2012, and shall approve or
disapprove the application within 90 calendar days of the date the
application was deemed complete and accepted for filing.
(2) If an application for certification was filed prior to January
1, 2012 for a new, carryover, or partial carryover on-road or
off-road vehicle, engine, or equipment family and the vehicle,
engine, or equipment family was for the 2011 model year or earlier,
the state board may disapprove the application. If the state board
disapproves an application, the state board shall notify the
applicant in writing of that fact.
(f) By July 1, 2012, the state board shall create a separate,
short form certification application template for a 2014 model year
and later carryover vehicle, equipment, or engine family that shall
include, but is not limited to, 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 family.
(2) A conspicuously located section for the applicant to certify,
under penalty of perjury, that there are no changes in the vehicle,
equipment, or engine family from the prior certified model year.
(3) The state board may request the applicant to provide
additional information as needed to complete its review of an
application.
(g) By July 1, 2012, the state board shall create a separate,
short form certification application template for a 2014 model year
and later partial carryover vehicle, equipment, or engine family that
shall include, but is not limited to, all of the following:
(1) A conspicuously located section for the applicant to indicate
that the application is being submitted for a partial carryover
vehicle, equipment, or engine family.
(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, such as minor changes to
emissions-related component parts that do not adversely affect
emissions compliance or performance or otherwise result in increased
emissions, including, but not limited to, revised labels or warranty
statements, and a short statement explaining the engineering judgment
or rationale relied upon by the applicant in making this
determination.
(4) The state board may request the applicant to provide
additional information as needed to complete its review of an
application.
SEC. 2. Section 43103.5 is added to the
Health and Safety Code , to read:
43103.5. (a) The state board may, at its discretion, approve an
application for certification of a new, a carryover, or a partial
carryover on-road or off-road vehicle, engine, or equipment family
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 both of the
following requirements are met:
(1) The submitted test data and related information on which
federal Environmental Protection Agency certification was based
demonstrate compliance with state emission standards and
requirements, including, but not limited to, durability and warranty
requirements.
(2) The federal standards are as stringent as the state standards.
(b) The state board may, in the course of processing the
application, request the applicant to clarify, amplify, correct, or
otherwise supplement the information required for the application.
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 that does not comply with the standards or
procedures and that is first sold in this state. The payment of these
penalties to the state board shall be a condition to the further
sale by 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.
(c) Any penalty recovered pursuant to this section shall be
deposited into the Air Pollution Control Fund.
SEC. 6. SEC. 3. 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.