BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 724
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: dutton
VERSION: 4/25/11
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: April 26, 2011
SUBJECT:
Air Resources Board: certification of vehicles, engines, and
equipment
DESCRIPTION:
This bill establishes deadlines by which the Air Resources Board
(ARB) must act on applications for the certification of on- and
off-road vehicles, engines, and equipment families; requires ARB
to develop, by July 1, 2012, simplified forms for different
types of certification applications; and permits ARB to approve
an application for certification of on- or off-road vehicles,
engines, and equipment families that have been certified by the
United States Environmental Protection Agency without requiring
additional testing, provided certain conditions are met.
ANALYSIS:
Existing law charges ARB with primary responsibility for the
control of mobile source air pollution, and broadly authorizes
ARB to adopt rules for the reduction of emissions and the
specification of fuel composition. Under this authority, ARB
regulates on-road and off-road vehicles, engines, and equipment
that are both new and in-use. Prior to offering a regulated
product for sale in California, the manufacturer must have its
product certified by ARB to ensure that the product meets ARB's
emission standards and requirements. If it does, ARB issues an
Executive Order for the product indicating the product has been
certified and allowing it to be placed for sale in the state. A
manufacturer must obtain an executive order for each model year
of each vehicle, engine, or equipment it wishes to sell.
This bill establishes deadlines by which ARB must act on
applications for the certification of on- and off-road vehicles,
engines, and equipment families. Specifically, the bill:
Requires that ARB, within 30 working days of receipt of an
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application for certification of a new, a carryover, or a
partial carryover vehicle, engine, or equipment family, inform
the applicant in writing if the application is complete or, if
it is not complete, the specific information required to make
it complete.
Requires that ARB, within 15 working days of receipt of
additional requested information, inform the applicant either
that the additional information is sufficient to make the
application complete or that the application remains
deficient, specifying the information required to make it
complete.
Requires ARB to approve or disapprove an application for
certification of a new on- or off-road vehicle, engine, or
equipment family within 90 calendar days after it deems an
application to be complete.
Requires, for carryover on- or off-road vehicles, engines, or
equipment families, ARB to approve or disapprove an
application within 30 calendar days after it deems an
application to be complete. A carryover vehicle, engine, or
equipment family refers to a vehicle, engine, or equipment
family whose application for certification differs from that
which was certified in the previous model year in model-year
designation only.
Requires, for partial carryover on- or off-road vehicles,
engines, or equipment families, ARB to approve an application
within 60 calendar days after it deems an application to be
complete. A partial carryover vehicle, engine, or equipment
family refers to a vehicle, engine, or equipment family that
is certified to the same emission standard and certification
category as the previous model year when there has been no
change to the applicable emission standards and requirements
and no change to emissions performance due to changes in
emissions-related components, engine configurations,
calibrations, or designs.
Allows ARB to request the applicant to clarify, amplify, or
otherwise supplement the information required for the
application. The number of days it takes an applicant to
respond to a request for additional information shall not be
included when determining a deadline for ARB to act on an
application.
Provides that an applicant may file, in writing, a complaint
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with ARB's ombudsman if the applicant believes ARB has not met
the deadlines prescribed by this bill. The ombudsman must
determine whether or not the complaint has merit within 30
days of receipt. If the ombudsman determines that ARB has not
met the deadlines and the application is complete, the
ombudsman shall inform the executive officer who shall ensure
that the application is approved or disapproved within 30 days
from the date it has been determined that the deadlines have
not been met.
Provides that if an application for certification was filed
prior to the operative date of this bill and the application
was for the 2012 model year, ARB must notify the applicant
whether the application is complete within 30 working days of
January 1, 2012 and must approve or disapprove the application
within 90 calendar days of the date the application was deemed
complete.
Provides that if an application for certification was filed
prior to the operative date of this bill and the application
was for the 2011 model year or earlier, ARB may disapprove the
application. If ARB disapproves an application, it must
notify the applicant of that fact.
This bill requires ARB to develop, by July 1, 2012, simplified
certification application forms for model year 2014 and later
carryover and partial carryover on- and off-road vehicles,
engine, and equipment families and specifies the items that must
be included on the forms.
This bill permits ARB to approve an application for
certification of a new, carryover, or partial carryover on- or
off-road vehicle, engine, or equipment families that has been
certified by the United States Environmental Protection Agency
without requiring additional testing, provided (1) the test data
and related information on which federal certification was based
demonstrate compliance with state emission standards and
requirements, including durability and warranty requirements and
(2) the federal standards on which federal certification was
based are as stringent as the state standards.
COMMENTS:
1.Purpose . The author states that in order to sell the cleanest
products that meet state emission standards and requirements,
manufacturers, retailers, and dealers need ARB to certify
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their products in a timely manner. The author asserts,
however, that ARB does not currently process certification
applications efficiently and, in many cases, several months
pass without ARB providing any response to an applicant.
Manufacturers are surprised to learn 90 days after an
application was submitted that additional information is
needed and that they are essentially at "square one." The
author further asserts that ARB regulations and guidance
contain inconsistent timelines for processing applications,
creating unnecessary confusion for applicants.
This bill would improve and clarify the certification process
by (1) requiring ARB to inform applicants whether their
applications are complete or requires additional information
so that manufacturers can promptly and efficiently complete
their applications and (2) by codifying deadlines for ARB to
approve or disapprove applications. The bill would also
streamline and accelerate ARB's certification process by
creating short-form applications for carry-over and partial
carry-over vehicles, engines, and equipment. Finally, the
bill aims to promote efficiency and avoid duplication by
permitting ARB to rely on test data used for federal
Environmental Protection Agency certification applications
when California and federal standards are the same and the
test data submitted for federal certification demonstrates
compliance with California's standards.
2.Facts about ARB's current certification process . In a letter
dated December 27, 2010 from ARB to Senator Dutton and Senator
Correa, ARB addressed specific questions regarding its
certification process. Some key points are worth highlighting
here. The letter indicates that ARB received approximately
9,000 certification applications between 2008 and 2010 and
executive orders (EOs) were issued within 90 days for 96
percent of completed applications. A common reason why ARB is
not able to act on an application within 90 days is that the
applicant has not provided all of the information necessary
for ARB to complete its review. ARB states, "In all
instances, ARB staff continued to work with the applicants
until the applications were completed or until the applicant
chose not to further pursue an EO."
With regard to carryover and partial carryover certification
applications, ARB estimates that approximately 15 percent of
certifications are for carryover vehicles, engines, or
equipment and approximately 50 percent are for partial
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carryovers. An application for a partial carryover takes
approximately 50 percent less time to process compared to an
application for a new product.
3.Opposition . Breathe California and Sierra Club California
oppose this bill because it added a requirement that ARB
calculate excess emissions when determining a penalty for
certain violations, which they asserted would put an unfair
burden on the enforcement of air quality laws. This provision
has been removed from the bill. The American Lung Association
shared that concern, but is also concerned that the bill
establishes "arbitrary" timeframes and provides for automatic
approval if action is not taken within the specified
timeframes, the latter of which was also removed from the
bill. Finally, the American Lung Association objects to the
creation of a short form certification process that relies on
a manufacturer's statement that the engines are in compliance
based on previously approved products, which it believes will
hamper full enforcement of the law and restrict ARB's ability
to test products.
4.Double-referral . This bill is double-referred to this
committee and the Committee on Environmental Quality. If this
committee passes the bill, it will then be referred to the
Environmental Quality Committee.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 20, 2011)
SUPPORT: Californians for Enforcement Reform and
Transparency (sponsor)
California Chapter of the American Fence
Association
California Fence Contractors' Association
Engineering Contractors' Association
Flasher Barricade Association
Marin Builders' Association
OPPOSED: American Lung Association
Breathe California
Sierra Club California
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