BILL NUMBER: SB 724	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Dutton
   (Coauthors: Senators Cannella, Correa, Huff, Rubio, and
Strickland)

                        FEBRUARY 18, 2011

   An act to add  Sections 43103 and 43103.5  
Section 43103  to the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 724, as amended, Dutton. State Air Resources Board: 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,
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 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 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 these application forms to contain a
section for the applicant to certify, under penalty of perjury,
specified information. By expanding the scope of the crime of
perjury, the bill would impose a state-mandated local program.
 
   (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.  
   This bill would require the state board, 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, as defined, to inform the applicant, in
writing, either that the application is complete and accepted for
filing, or that the application is deficient, identifying the
specific information required to make the application complete. 

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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. All matter omitted in this version of the bill appears in
the bill as amended in the Senate, April 25, 2011. (JR11)