BILL NUMBER: SB 724 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2011
AMENDED IN ASSEMBLY JUNE 13, 2011
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 amend Section 39619.7 of, and to add Sections
43103 and 43103.5 to, add 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:
penalties: mobile source certification.
(1) Existing
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) 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 these communications from the state board
to contain a clear explanation of specified information relating to
potential penalties, and would require the state board to provide in
writing, within 7 calendar days after specified oral communications,
a clear explanation of the same information. The bill would require a
final settlement agreement to contain specified information. The
bill would authorize an alleged violator to request, at any time
during settlement negotiations, a written explanation from the state
board about its position on an alleged violation and penalty, and
would require the state board to respond to the request within 7
calendar days after the request.
(3) 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 39619.7 of the Health and
Safety Code is amended to read:
39619.7. (a) (1) 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:
(A) 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.
(B) The minimum and maximum penalty that could be levied on the
alleged violator, including on a per unit or per vehicle basis where
applicable, and an explanation of the factors that could mitigate the
penalty amount, including the factors described in Section 43024.
(C) (i) 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.
(ii) If the state board does not calculate the pollution emitted
in excess of that level, the state board shall allow the alleged
violator to provide this information, and inform the alleged violator
that the alleged violator may provide this information.
(2) If an oral communication is made by 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, the state board shall
provide in writing, within seven calendar days after the oral
communication, a clear explanation of the information required by
paragraph (1).
(b) A final settlement agreement 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, including a
statement informing the alleged violator which of the factors
described in Section 43024 increased or decreased the penalty 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) 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. If
the quantification of emissions was not practicable, the state board
shall explain how the penalty assessed correlates with the severity
of the violation, including the potential harm or lack of harm to
California's air quality, and how the assessed penalty is consistent
with penalties imposed for similar violations.
(c) The information described in this section 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.
(d) An alleged violator may request, at any time during settlement
negotiations, a written explanation from the state board about its
position on an alleged violation and penalty. The state board shall
respond to the request within seven calendar days after the request.
SEC. 2. 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) (1) 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, both of the following:
(A) A conspicuously located section for the applicant to indicate
that the application is being submitted for a carryover vehicle,
equipment, or engine family.
(B) 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.
(2) The state board may request the applicant to provide
additional information as needed to complete its review of an
application.
(g) (1) 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:
(A) A conspicuously located section for the applicant to indicate
that the application is being submitted for a partial carryover
vehicle, equipment, or engine family.
(B) 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.
(C) 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.
(2) The state board may request the applicant to provide
additional information as needed to complete its review of an
application.
SEC. 3. 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.
SEC. 4. 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.